Title 9

SECTION 78.8

78.8 Brucellosis exposed cattle.

§ 78.8 Brucellosis exposed cattle.

Brucellosis exposed cattle may be moved interstate only as follows:

(a) Movement to recognized slaughtering establishments. (1) Finished fed cattle from a quarantined feedlot may be moved interstate

(i) Directly to a recognized slaughtering establishment without further restriction under this part; or

(ii) Directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment if accompanied by a permit or “S” brand permit.

(2) Brucellosis exposed cattle may be moved interstate directly to a recognized slaughtering establishment if such cattle are:

(i) Individually identified by an official eartag or a United States Department of Agriculture backtag;

(ii) Accompanied by a permit or “S” brand permit; and

(iii)(A) “S” branded before leaving the premises from which they are to be moved interstate; or

(B) “B” branded when a claim for indemnity is made under part 51 of this chapter; or

(D) Accompanied directly to slaughter by an APHIS or State representative; or

(E) Moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veterinarian, or an individual authorized for this purpose by an APHIS representative.

The official seal numbers must be recorded on the accompanying permit or “S” brand permit.

(3) Brucellosis exposed cattle may be moved interstate directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment if such cattle are:

(i) Individually identified by an official eartag or a United States Department of Agriculture backtag;

(ii) Accompanied by a permit or “S” brand permit; and

(iii)(A) “S” branded before leaving the premises from which they are to be moved interstate; or

(B) “B” branded when a claim for indemnity is made under part 51 of this chapter; or

(D) Moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying permit or “S” brand permit.

(4) Brucellosis exposed cattle moving to slaughter from a farm of origin may be moved directly to a specifically approved stockyard approved to receive brucellosis exposed cattle and then directly to a recognized slaughtering establishment if such cattle are:

(i) Individually identified by an official eartag or United States Department of Agriculture backtag;

(ii) Accompanied by a permit or “S” brand permit; and

(iii)(A) “S” branded before leaving the premises from which they are to be moved interstate; or

(B) “B” branded when a claim for indemnity is made under part 51 of this chapter; or

The official seal numbers must be recorded on the accompanying permit or “S” brand permit.

(5) Brucellosis exposed cattle moving to slaughter from a farm of origin may be moved directly to a specifically approved stockyard approved to receive brucellosis exposed cattle and then directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment if such cattle are:

(i) Individually identified by an official eartag or United States Department of Agriculture backtag;

(ii) Accompanied by a permit or “S” brand permit; and

(iii)(A) “S” branded before leaving the premises from which they are to be moved interstate; or

(B) “B” branded when a claim for indemnity is made under part 51 of this chapter; or

(b) Movement to quarantined feedlots. Brucellosis exposed cattle for which no claim for indemnity is being made by the owner under part 51 of this chapter may be moved interstate directly to a quarantined feedlot, or from a farm of origin directly to a specifically approved stockyard approved to receive brucellosis exposed cattle and then directly to a quarantined feedlot, or from a farm of origin directly to an approved intermediate handling facility and then directly to a quarantined feedlot, or from a farm of origin directly to a specifically approved stockyard approved to receive brucellosis exposed cattle and then directly to an approved intermediate handling facility and then directly to a quarantined feedlot, if the cattle are:

(1) Individually identified by an official eartag or a United States Department of Agriculture backtag;

(2) Accompanied by a permit or “S” brand permit; and

(3)(i) “S” branded before leaving the premises from which they are to be moved interstate; or

(ii) Official adult vaccinates; or

(iii) Moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the accompanying permit or “S” brand permit.

(c) Movement other than in accordance with paragraphs (a) and (b) of this section. Brucellosis exposed cattle for which no claim for indemnity is being made by the owner under part 51 of this chapter also may be moved interstate in accordance with § 78.10 and as follows:

(1) Such brucellosis exposed cattle from herds known to be affected other than female cattle which originate in Class B States or areas or Class C States or areas may be moved interstate if the cattle are:

(i) Under 6 months of age and weaned from brucellosis reactors or brucellosis exposed cows not less than 30 days immediately preceding interstate movement; or

(ii) Under 6 months of age and nursing brucellosis exposed cows in a herd subjected to a herd blood test within 10 days prior to interstate movement; or

(iii) Official vaccinates under 1 year of age from a herd following an approved individual herd plan.

(2) Cattle moved interstate from a farm of origin directly to a specifically approved stockyard in accordance with § 78.9(b)(3)(iii), 78.9(c)(3)(iii), or 78.9(d)(3) of this part and subsequently determined to be brucellosis exposed may be moved interstate directly back to the farm of origin under the following conditions:

(i) Prior to interstate movement, State representatives of the State in which the cattle are located and the State of destination advise APHIS that such movement would not be contrary to the laws and regulations of their respective States;

(ii) Prior to interstate movement, the State representative of the State of destination agrees to quarantine the cattle on arrival and to require that all test-eligible cattle on the farm of origin be subjected to an official test; and

(iii) The cattle are accompanied to the farm of origin by a permit.

(Approved by the Office of Management and Budget under control number 0579-0051) [51 FR 32580, Sept. 12, 1986, as amended at 54 FR 1925, Jan. 18, 1989; 56 FR 54533, 54534, Oct. 22, 1991; 56 FR 65782, Dec. 18, 1991; 59 FR 67133, Dec. 29, 1994; 60 FR 48367, Sept. 19, 1995]