cfr_sections
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32 rows where part_number = 78 and title_number = 9 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 9:9:1.0.1.3.23.1.46.1 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | A | Subpart A—General Provisions | § 78.1 Definitions. | APHIS | [51 FR 32580, Sept. 12, 1986] | The following terms are defined in this section: Accredited veterinarian Administrator Animals Animal and Plant Health Inspection Service Animal identification number APHIS representative Approved brucella vaccine Approved individual herd plan Approved intermediate handling facility Area “B” branded Boar Brucellosis Brucellosis exposed Brucellosis negative Brucellosis reactor Brucellosis ring test Brucellosis suspect Certificate Certified brucellosis-free herd Class A State or area Class B State or area Class C State or area Class Free State or area Complete herd test (CHT) Confirmatory test Dairy cattle Designated epidemiologist Directly Epidemiologist Epidemiology Farm of origin Feral swine Finished fed cattle Herd Herd blood test Herd known to be affected Herd not known to be affected Herd of origin of swine Interstate Market cattle identification test cattle Market swine test (MST) reactor Market swine test swine Monitored-negative feral swine population Moved Moved (movement) in interstate commerce Official adult vaccinate Official brand inspection certificate Official brand recording agency Official calfhood vaccinate Official eartag Official seal Official swine tattoo Official test Official vaccinate Official vaccination eartag Originate Parturient Permit Permit for entry Person Postparturient Purebred registry association Qualified herd Quarantined area Quarantined feedlot Quarantined pasture Recognized slaughtering establishment “S” branded “S” brand permit Sow Specifically approved stockyard State State animal health official State representative Successfully closed case Swine brucellosis Test-eligible cattle and bison United States United States Department of Agriculture backtag Validated brucello… | |||
| 9:9:1.0.1.3.23.1.46.2 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | A | Subpart A—General Provisions | § 78.2 Handling of certificates, permits, and “S” brand permits for interstate movement of animals. | APHIS | [78 FR 2069, Jan. 9, 2013] | (a) Any ICVI, other interstate movement document used in lieu of an ICVI, permit, or “S” brand permit required by this part for the interstate movement of animals shall be delivered to the person moving the animals by the shipper or shipper's agent at the time the animals are delivered for movement and shall accompany the animals to their destination and be delivered to the consignee or the person receiving the animals. (b) The APHIS representative, State representative, Tribal representative, or accredited veterinarian issuing an ICVI or other interstate movement document used in lieu of an ICVI or a permit, except for permits for entry and “S” brand permits, that is required for the interstate movement of animals under this part shall forward a copy of the ICVI, other interstate movement document used in lieu of an ICVI, or permit to the State animal health official of the State of origin within 5 working days. The State animal health official of the State of origin shall forward a copy of the ICVI, other interstate movement document used in lieu of an ICVI, or permit to the State animal health official of the State of destination within 5 working days. | |||
| 9:9:1.0.1.3.23.1.46.3 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | A | Subpart A—General Provisions | § 78.3 Handling in transit of cattle and bison moved interstate. | APHIS | Cattle and bison moving interstate, except cattle and bison moved directly to a recognized slaughtering establishment, approved intermediate handling facility, or quarantined feedlot, shall be moved only in a means of conveyance which has been cleaned in accordance with §§ 71.5, 71.7, 71.10, and 71.11 of this chapter and, if unloaded in the course of such movement, shall be handled only in pens cleaned in accordance with the provisions of §§ 71.4, 71.7, 71.10, and 71.11 of this chapter. | ||||
| 9:9:1.0.1.3.23.1.46.4 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | A | Subpart A—General Provisions | § 78.4 [Reserved] | APHIS | |||||
| 9:9:1.0.1.3.23.2.46.1 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | B | Subpart B—Restrictions on Interstate Movement of Cattle Because of Brucellosis | § 78.5 General restrictions. | APHIS | [78 FR 2069, Jan. 9, 2013] | Cattle may not be moved interstate except in compliance with this subpart and with 9 CFR part 86. Cattle moved interstate under permit in accordance with this subpart are not required to be accompanied by an interstate certificate of veterinary inspection or owner-shipper statement. | |||
| 9:9:1.0.1.3.23.2.46.10 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | B | Subpart B—Restrictions on Interstate Movement of Cattle Because of Brucellosis | § 78.14 Rodeo cattle. | APHIS | [78 FR 2070, Jan. 9, 2013] | (a) Rodeo cattle that are test-eligible and that are from a herd not known to be affected may be moved interstate if: (1) They are classified as brucellosis negative based upon an official test conducted less than 365 days before the date of interstate movement: Provided, however, That: The official test is not required for rodeo cattle that are moved only between Class Free States; (2) The cattle are identified with an official eartag or any other official identification device or method approved by the Administrator in accordance with § 78.5; (3) There is no change of ownership since the date of the last official test; (4) An ICVI accompanies each interstate movement of the cattle; and (5) A permit for entry is issued for each interstate movement of the cattle. (b) Cattle that would qualify as rodeo cattle, but that are used for breeding purposes during the 365 days following the date of being tested, may be moved interstate only if they meet the requirements for cattle in this subpart and in 9 CFR part 86. | |||
| 9:9:1.0.1.3.23.2.46.11 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | B | Subpart B—Restrictions on Interstate Movement of Cattle Because of Brucellosis | §§ 78.15-78.19 [Reserved] | APHIS | |||||
| 9:9:1.0.1.3.23.2.46.2 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | B | Subpart B—Restrictions on Interstate Movement of Cattle Because of Brucellosis | § 78.6 Steers and spayed heifers. | APHIS | [78 FR 2069, Jan. 9, 2013] | Steers and spayed heifers may be moved interstate in accordance with 9 CFR part 86 and without further restriction under this subpart. | |||
| 9:9:1.0.1.3.23.2.46.3 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | B | Subpart B—Restrictions on Interstate Movement of Cattle Because of Brucellosis | § 78.7 Brucellosis reactor cattle. | APHIS | [51 FR 32580, Sept. 12, 1986, as amended at 59 FR 67133, Dec. 29, 1994; 60 FR 48367, Sept. 19, 1995] | (a) Destination. Brucellosis reactor cattle may be moved interstate only for immediate slaughter as follows: (1) Directly to a recognized slaughtering establishment; (2) Directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment; or (3) From a farm of origin directly to a specifically approved stockyard approved to receive brucellosis reactors and then (i) Directly to a recognized slaughtering establishment; or (ii) Directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment. (b) Identification. Brucellosis reactor cattle must be individually identified prior to moving interstate by attaching to the left ear a metal tag bearing a serial number and the inscription “U.S. Reactor,” or a metal tag bearing a serial number designated by the State animal health official for identifying brucellosis reactors, and must be: (1) “B” branded (as defined in § 78.1); or (2) Accompanied directly to slaughter by an APHIS or State representative; or (3) 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. (c) Permit. Brucellosis reactor cattle moving interstate shall be accompanied to destination by a permit. (d) Marking of records. Each person moving brucellosis reactor cattle interstate shall, in the course of interstate movement, plainly write or stamp the words “Brucellosis Reactor” upon the face of any document that person prepares in connection with such movement. (e) Segregation en route. Brucellosis reactor cattle shall not be moved interstate in any means of conveyance containing animals which are not brucellosis reactors unless all the animals are for immediate slaughter or unless the brucellosis reactor cattle are kept separate from the other animals by a parti… | |||
| 9:9:1.0.1.3.23.2.46.4 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | B | Subpart B—Restrictions on Interstate Movement of Cattle Because of Brucellosis | § 78.8 Brucellosis exposed cattle. | APHIS | [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] | 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 (C) Official adult vaccinates; 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 (C) Official adult vaccinates; or (D) Moved in vehicles closed with official seals applied and removed by an APHIS representative, State re… | |||
| 9:9:1.0.1.3.23.2.46.5 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | B | Subpart B—Restrictions on Interstate Movement of Cattle Because of Brucellosis | § 78.9 Cattle from herds not known to be affected. | APHIS | [51 FR 32580, Sept. 12, 1986, as amended at 54 FR 1925, Jan. 18, 1989; 56 FR 54533, 54534, Oct. 22, 1991; 56 FR 58638, Nov. 21, 1991; 59 FR 67133, Dec. 29, 1994; 60 FR 48368, Sept. 19, 1995; 78 FR 2069, Jan. 9, 2013] | Male cattle which are not test eligible and are from herds not known to be affected may be moved interstate without further restriction under this subpart. Female cattle which are not test eligible and are from herds not known to be affected may be moved interstate only in accordance with § 78.10 of this part and this section. Test-eligible cattle which are not brucellosis exposed and are from herds not known to be affected may be moved interstate only in accordance with § 78.10 and as follows: (a) Class Free States/areas. Test-eligible cattle which originate in Class Free States or areas, are not brucellosis exposed, and are from a herd not known to be affected may be moved interstate from Class Free States or areas only as specified below: (1) Movement to recognized slaughtering establishments. (i) Such cattle may be moved interstate directly to a recognized slaughtering establishment or directly to a specifically approved stockyard and then directly to a recognized slaughtering establishment without restriction under this subpart. (ii) Such cattle may be moved interstate from a farm of origin directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment if accompanied by a permit. (iii) Such cattle may be moved interstate from other than a farm of origin directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment if such cattle are accompanied by a permit. (2) Movement to quarantined feedlots. Such cattle may be moved interstate without restriction under this subpart directly to a quarantined feedlot, or directly to a specifically approved stockyard and then directly to a quarantined feedlot, or directly to a specifically approved stockyard and then directly to an approved intermediate handling facility and then directly to a quarantined feedlot, or directly to an approved intermediate handling facility and then directly to a quarantined feedlot. (3) Movement other than in accordance with … | |||
| 9:9:1.0.1.3.23.2.46.6 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | B | Subpart B—Restrictions on Interstate Movement of Cattle Because of Brucellosis | § 78.10 Official vaccination of cattle moving into and out of Class B and Class C States or areas. | APHIS | [51 FR 32580, Sept. 12, 1986, as amended at 54 FR 1926, Jan. 18, 1989; 56 FR 58638, Nov. 21, 1991] | (a) Female dairy cattle born after January 1, 1984, which are 4 months of age or over must be official vaccinates to move interstate into or out of a Class B State or area 4 unless they are moved interstate directly to a recognized slaughtering establishment or quarantined feedlot, or directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment, or directly to an approved intermediate handling facility and then directly to a quarantined feedlot and then directly to a recognized slaughtering establishment, or directly to an approved intermediate handling facility and then directly to a quarantined feedlot and then directly to a recognized slaughtering establishment. Female cattle eligible for official calfhood vaccination and required by this paragraph to be officially vaccinated may be moved interstate from a farm of origin directly to a specifically approved stockyard and be officially vaccinated upon arrival at the specifically approved stockyard. 4 Female cattle imported into the United States may be exempted from the vaccination requirements of this paragraph with the concurrence of the State animal health official of the State of destination. This concurrence is required prior to the importation of the cattle into the United States. (b) Female cattle born after January 1, 1984, which are 4 months of age or over must be official vaccinates to move into a Class C State or area 4 unless they are moved interstate directly to a recognized slaughtering establishment, or directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment, or directly to an approved intermediate handling facility and then directly to a quarantined feedlot and then directly to a recognized slaughtering establishment. Female cattle eligible for official calfhood vaccination and required by this paragraph to be officially vaccinated may be moved interstate from a farm of origin directly to a specifically approved stockyard… | |||
| 9:9:1.0.1.3.23.2.46.7 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | B | Subpart B—Restrictions on Interstate Movement of Cattle Because of Brucellosis | § 78.11 Cattle moved to a specifically approved stockyard not in accordance with this part. | APHIS | [51 FR 32580, Sept. 12, 1986, as amended at 56 FR 54534, Oct. 22, 1991; 56 FR 58638, 58639, Nov. 21, 1991] | Cattle, except brucellosis reactors and brucellosis exposed cattle, which are moved interstate to a specifically approved stockyard but fail to comply with the requirements of this part for release from the specifically approved stockyard may be moved from the specifically approved stockyard only as follows: (a) With the concurrence of the State animal health officials of the State of origin and State of destination, directly back to the farm of origin accompanied by a permit; or (b) Directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment or directly to an approved intermediate handling facility and then directly to a quarantined feedlot and then directly to a recognized slaughtering establishment if such cattle are “S” branded and accompanied by an “S” brand permit; or (c) Directly to a recognized slaughtering establishment if such cattle are (1) “S” branded and accompanied by an “S” brand permit; or (2) Accompanied by an “S” brand permit and moved in vehicles closed with official seals applied and removed by an APHIS representative, State representative, an accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. The official seal numbers must be recorded on the “S” brand permit; or (d) Directly to a quarantined feedlot if such cattle are “S” branded and accompanied by an “S” brand permit. | |||
| 9:9:1.0.1.3.23.2.46.8 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | B | Subpart B—Restrictions on Interstate Movement of Cattle Because of Brucellosis | § 78.12 Cattle from quarantined areas. | APHIS | [51 FR 32580, Sept. 12, 1986, as amended at 56 FR 58638, Nov. 21, 1991; 59 FR 67133, Dec. 29, 1994; 78 FR 2070, Jan. 9, 2013] | Not withstanding any provisions in the regulations to the contrary, cattle may be moved interstate from a quarantined area only in accordance with § 78.10, 9 CFR part 86, and this section. (a) Steers and spayed heifers. Steers and spayed heifers may be moved interstate without further restriction under this section. (b) Brucellosis reactor cattle. Brucellosis reactor cattle may be moved interstate in accordance with § 78.7. (c) Brucellosis exposed cattle. Brucellosis exposed cattle may be moved interstate in accordance with § 78.8(a) or (b). (d) Movement from qualified herds. Cattle from qualified herds in any quarantined area may be moved interstate only as follows: (1) Movement to recognized slaughtering establishments. (i) Cattle from qualified herds in a quarantined area may be moved interstate from a farm of origin directly to a recognized slaughtering establishment or directly to a specifically approved stockyard and then directly to a recognized slaughtering establishment if they are negative to an official test within 30 days prior to such interstate movement and are accompanied by an ICVI or “S” brand permit which states, in addition to the items specified in § 78.1, the test dates and results of the official tests; or (ii) Cattle from qualified herds in a quarantined area may be moved interstate from a farm of origin directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment or directly to an approved intermediate handling facility and then directly to a quarantined feedlot and then directly to a recognized slaughtering establishment if they are negative to an official test within 30 days prior to such interstate movement and are accompanied by an “S” brand permit which states, in addition to the items specified in § 78.1, the test dates and results of the official tests; or (iii) Cattle from qualified herds in a quarantined area may be moved interstate from a farm of origin directly to a specifically approved stockyard and then d… | |||
| 9:9:1.0.1.3.23.2.46.9 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | B | Subpart B—Restrictions on Interstate Movement of Cattle Because of Brucellosis | § 78.13 Other movements. | APHIS | [51 FR 32580, Sept. 12, 1986, as amended at 56 FR 54534, Oct. 22, 1991] | The Administrator may, upon request in specific cases, permit the interstate movement of cattle not otherwise provided for in this subpart, under such conditions as the Administrator may prescribe in each case to prevent the spread of brucellosis. The Administrator shall promptly notify the State animal health officials of the States involved of any such action. | |||
| 9:9:1.0.1.3.23.3.46.1 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | C | Subpart C—Restrictions on Interstate Movement of Bison Because of Brucellosis | § 78.20 General restrictions. | APHIS | [51 FR 32580, Sept. 12, 1986, as amended at 78 FR 2070, Jan. 9, 2013] | Bison may not be moved interstate except in compliance with this subpart and with 9 CFR part 86. | |||
| 9:9:1.0.1.3.23.3.46.2 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | C | Subpart C—Restrictions on Interstate Movement of Bison Because of Brucellosis | § 78.21 Bison steers and spayed heifers. | APHIS | [51 FR 32580, Sept. 12, 1986, as amended at 78 FR 2070, Jan. 9, 2013] | Bison steers and spayed heifers may be moved interstate without further restriction under this subpart. | |||
| 9:9:1.0.1.3.23.3.46.3 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | C | Subpart C—Restrictions on Interstate Movement of Bison Because of Brucellosis | § 78.22 Brucellosis reactor bison. | APHIS | [51 FR 32580, Sept. 12, 1986, as amended at 59 FR 67133, Dec. 29, 1994; 60 FR 48368, Sept. 19, 1995] | (a) Destination. Brucellosis reactor bison may be moved interstate only for immediate slaughter as follows: (1) Directly to a recognized slaughtering establishment; (2) Directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment; or (3) From a farm of origin directly to a specifically approved stockyard approved to receive brucellosis reactors and then (i) Directly to a recognized slaughtering establishment; or (ii) Directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment. (b) Identification. Brucellosis reactor bison must be individually identified prior to moving interstate by attaching to the left ear a metal tag bearing a serial number and the inscription “U.S. Reactor,” or a metal tag bearing a serial number designated by the State animal health official for identifying brucellosis reactors, and must be: (1) “B” branded (as defined in § 78.1); or (2) Accompanied directly to slaughter by an APHIS or State representative; or (3) 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. (c) Permit. Brucellosis reactor bison moving interstate shall be accompanied to destination by a permit. (d) Marking of records. Each person moving brucellosis reactor bison interstate shall, in the course of interstate movement, plainly write or stamp the words “Brucellosis Reactor” upon the face of any document that person prepares in connection with such movement. (e) Segregation en route. Brucellosis reactor bison shall not be moved interstate in any means of conveyance containing animals which are not brucellosis reactors unless all of the animals are for immediate slaughter or unless the brucellosis reactor bison are kept separate from the other animals by a partitio… | |||
| 9:9:1.0.1.3.23.3.46.4 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | C | Subpart C—Restrictions on Interstate Movement of Bison Because of Brucellosis | § 78.23 Brucellosis exposed bison. | APHIS | [51 FR 32580, Sept. 12, 1986, as amended at 59 FR 67133, Dec. 29, 1994; 78 FR 2070, Jan. 9, 2013] | Brucellosis exposed bison may be moved interstate only as follows: (a) Movement to recognized slaughtering establishments. Brucellosis exposed bison may be moved interstate for slaughter accompanied by a permit or “S” brand permit and as follows: (1) Directly to a recognized slaughtering establishment or directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment; or (2) From a farm of origin directly to a specifically approved stockyard approved to receive brucellosis exposed bison and then (i) Directly to a recognized slaughtering establishment; or (ii) Directly to an approved intermediate handling facility and then directly to a recognized slaughtering establishment. (b) Movement to quarantined feedlots. Brucellosis exposed bison may be moved directly to a quarantined feedlot or, from a farm of origin, directly to a specifically approved stockyard approved to receive brucellosis exposed bison and then directly to a quarantined feedlot. Such bison shall be accompanied by a permit or “S” brand permit. (c) Movement other than in accordance with paragraphs (a) or (b) of this section. Brucellosis exposed bison which are from herds known to be affected, but which are not part of a herd being depopulated under part 51 of this chapter, may move without further restriction under this subpart if the bison: (1) Are under 6 months of age and were weaned from brucellosis reactor or brucellosis exposed bison not less than 30 days immediately preceding interstate movement; or (2) Are under 6 months of age and nursing brucellosis exposed bison in a herd subjected to a herd blood test within 10 days prior to interstate movement; or (3) Are official vaccinates under 1 year of age from a herd following an approved individual herd plan. | |||
| 9:9:1.0.1.3.23.3.46.5 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | C | Subpart C—Restrictions on Interstate Movement of Bison Because of Brucellosis | § 78.24 Bison from herds not known to be affected. | APHIS | [51 FR 32580, Sept. 12, 1986, as amended at 56 FR 58639, Nov. 21, 1991; 78 FR 2070, Jan. 9, 2013] | Bison from herds not known to be affected may be moved interstate only as follows: (a) Movement to recognized slaughtering establishments. Bison from herds not known to be affected may be moved directly to a recognized slaughtering establishment without further restriction under this subpart. (b) Movement to quarantined feedlots. Bison from herds not known to be affected may be moved directly to a quarantined feedlot without further restriction under this subpart. (c) Movement from public zoo to public zoo. Bison from herds not known to be affected may be moved from a zoo owned by a governmental agency to another such zoo if handled in accordance with § 78.3. (d) Movement other than in accordance with paragraphs (a), (b), or (c) of this section. Bison from herds not known to be affected may be moved interstate other than in accordance with paragraphs (a), (b), or (c) of this section only as follows: (1) Such bison under 6 months of age may be moved interstate when accompanied by an ICVI. (2) Such bison which are official vaccinates under 2 years of age and are not parturient or postparturient may be moved interstate when accompanied by an ICVI. (3) Such bison may be moved interstate if they are negative to an official test within 30 days prior to such movement and are accompanied by an ICVI which states, in addition to the items specified in § 78.1, the dates and results of the official tests. (4) Such bison may be moved interstate if they originate in a certified brucellosis-free herd and are accompanied by an ICVI which states, in addition to the items specified in § 78.1, that the bison originated in a certified brucellosis-free herd. | |||
| 9:9:1.0.1.3.23.3.46.6 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | C | Subpart C—Restrictions on Interstate Movement of Bison Because of Brucellosis | § 78.25 Other movements. | APHIS | [51 FR 32580, Sept. 12, 1986, as amended at 56 FR 54534, Oct. 22, 1991] | The Administrator may, upon request in specific cases, permit the interstate movement of bison not otherwise provided for in this subpart, under such conditions as the Administrator may prescribe in each case to prevent the spread of brucellosis. The Administrator shall promptly notify the State animal health officials of the States involved of any such action. | |||
| 9:9:1.0.1.3.23.3.46.7 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | C | Subpart C—Restrictions on Interstate Movement of Bison Because of Brucellosis | §§ 78.26-78.29 [Reserved] | APHIS | |||||
| 9:9:1.0.1.3.23.4.46.1 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | D | Subpart D—Restrictions on Interstate Movement of Swine Because of Brucellosis | § 78.30 General restrictions. | APHIS | [51 FR 32580, Sept. 12, 1986, as amended at 56 FR 54534, Oct. 22, 1991; 59 FR 18952, Apr. 21, 1994] | (a) Brucellosis reactor swine, brucellosis exposed swine, feral swine, sows, and boars may not be moved interstate or in interstate commerce except in compliance with this subpart. (b) Each person who causes the movement of swine in interstate commerce is responsible for the identification of the swine as required by this subpart. No such person shall remove or tamper with or cause the removal of or tampering with an identification tattoo or approved swine identification tag required in this subpart except at the time of slaughter, or as may be authorized by the Administrator upon request in specific cases and under such conditions as the Administrator may impose to ensure continuing identification. (c)(1) Feral swine may be moved interstate directly to slaughter if they do not come into physical contact with any domestic swine or other livestock. (2) Feral swine from monitored-negative populations may be moved interstate other than directly to slaughter if accompanied by a permit issued by the APHIS representative or the State animal health official in the State of origin. (3) Feral swine found negative to an official test within the 30 days prior to the interstate movement may be moved interstate other than directly to slaughter if accompanied by a permit issued by the APHIS representative or the State animal health official in the State of origin. | |||
| 9:9:1.0.1.3.23.4.46.2 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | D | Subpart D—Restrictions on Interstate Movement of Swine Because of Brucellosis | § 78.31 Brucellosis reactor swine. | APHIS | [51 FR 32580, Sept. 12, 1986, as amended at 59 FR 67133, Dec. 29, 1994] | (a) Destination. Brucellosis reactor swine may be moved interstate only for immediate slaughter as follows: (1) Directly to a recognized slaughtering establishment; or (2) Directly to a stockyard posted under the Packers and Stockyards Act, as amended (7 U.S.C. 181 et seq. ), or directly to a market agency or dealer registered under the Packers and Stockyards Act, for sale to a recognized slaughtering eatablishment in accordance with the following requirements: (b) Identification. Brucellosis reactor swine shall be individually identified by attaching to the left ear a metal tag bearing a serial number and the inscription, “U.S. Reactor,” or a metal tag bearing a serial number designated by the State animal health official for identifying brucellosis reactors. (c) Permit. Brucellosis reactor swine shall be accompanied to destination by a permit. (d) Marking of records. Each person moving brucellosis reactor swine interstate shall, in the course of interstate movement, plainly write or stamp the words “Brucellosis Reactor” upon the face of any document that person prepares in connection with such movement. (e) Segregation en route. Brucellosis reactor swine shall not be moved interstate in any means of conveyance containing animals which are not brucellosis reactors unless all of the animals in the shipment are for immediate slaughter, or unless the brucellosis reactor swine are kept separate from other animals by a partition securely affixed to the sides of the means of conveyance. | |||
| 9:9:1.0.1.3.23.4.46.3 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | D | Subpart D—Restrictions on Interstate Movement of Swine Because of Brucellosis | § 78.32 Brucellosis exposed swine. | APHIS | [59 FR 12533, Mar. 17, 1994, as amended at 59 FR 67133, Dec. 29, 1994] | (a) Brucellosis exposed swine may be moved interstate only if accompanied by a permit and only for immediate slaughter as follows: (1) Directly to a recognized slaughtering establishment; or (2) Directly to a stockyard posted under the Packers and Stockyards Act, as amended (7 U.S.C. 181 et seq. ), or directly to a market agency or dealer registered under the Packers and Stockyards Act, for sale to a recognized slaughtering establishment. (b) Brucellosis exposed swine from a herd known to be affected with brucellosis may be moved interstate from the herd known to be affected only if such swine are individually identified by attaching to the left ear a metal tag bearing a serial number and the inscription, “U.S. Reactor,” or a metal tag bearing a serial number designated by the State animal health official for identifying brucellosis reactors. | |||
| 9:9:1.0.1.3.23.4.46.4 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | D | Subpart D—Restrictions on Interstate Movement of Swine Because of Brucellosis | § 78.33 Sows and boars. | APHIS | [62 FR 27936, May 22, 1997] | (a) Sows and boars may be moved in interstate commerce for slaughter or for sale for slaughter if they are identified in accordance with § 71.19 of this chapter either: (1) Before being moved in interstate commerce and before being mixed with swine from any other source; or (2) After being moved in interstate commerce but before being mixed with swine from any other source only if they have been moved directly from their herd of origin to: (i) A recognized slaughtering establishment; or (ii) A stockyard, market agency, or dealer operating under the Packers and Stockyards Act, as amended (7 U.S.C. 181 et seq. ). (b) Sows and boars may be moved in interstate commerce for breeding only if they are identified in accordance with § 71.19 of this chapter before being moved in interstate commerce and before being mixed with swine from any other source, and the sows and boars either: (1) Are from a validated brucellosis-free herd or a validated brucellosis-free State and are accompanied by a certificate that states, in addition to the items specified in § 78.1, that the swine originated in a validated brucellosis-free herd or a validated brucellosis-free State; or (2) Have tested negative to an official test conducted within 30 days prior to interstate movement and are accompanied by a certificate that states, in addition to the items specified in § 78.1, the dates and results of the official tests. (c) Sows and boars may be moved in interstate commerce for purposes other than slaughter or breeding without restriction under this subpart if they are identified in accordance with § 71.19 of this chapter. | |||
| 9:9:1.0.1.3.23.4.46.5 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | D | Subpart D—Restrictions on Interstate Movement of Swine Because of Brucellosis | § 78.34 Other movements. | APHIS | [51 FR 32580, Sept. 12, 1986, as amended at 56 FR 54534, Oct. 22, 1991] | The Administrator may, upon request in specific cases, permit the movement in interstate commerce of swine not otherwise provided for in this subpart under such conditions as the Administrator may prescribe in each case to prevent the spread of brucellosis. The Administrator shall promptly notify the State animal health officials of the States involved of any such action. | |||
| 9:9:1.0.1.3.23.4.46.6 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | D | Subpart D—Restrictions on Interstate Movement of Swine Because of Brucellosis | §§ 78.35-78.39 [Reserved] | APHIS | |||||
| 9:9:1.0.1.3.23.5.46.1 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | E | Subpart E—Designation of Brucellosis Areas | § 78.40 Designation of States/areas. | APHIS | [51 FR 32580, Sept. 12, 1986, as amended at 53 FR 2222, Jan. 27, 1988; 56 FR 54533, Oct. 22, 1991; 56 FR 55803, Oct. 30, 1991] | The Administrator may amend §§ 78.41 and 78.42 to reclassify States and areas as Class Free, Class A, Class B, Class C, or quarantined when the Administrator determines that the States or areas meet the appropriate definitions in § 78.1. The Administrator may approve the division of a State into two brucellosis classification areas upon finding that: (a) The State has legislative and regulatory authority for maintaining separate areas; (b) The State has committed resources to enforcing the different requirements in each area; (c) The State has an effective method for monitoring and controlling movement of cattle across the intrastate boundary; (d) The State has defined the intrastate boundary by county lines or by recognizable geographic features, such as rivers and highways; and (e) Each area of the State meets the standards for the brucellosis classification requested. The Administrator may amend § 78.43 to reclassify States as validated brucellosis-free States or remove such status when the Administrator determines that such States meet or do not meet the standards of a validated brucellosis-free State as defined in § 78.1. In the case of any reclassification to a lower class, reclassification as a quarantined State or area, or removal of validated brucellosis-free status, the State animal health official of the State involved will be notified of such reclassification or removal, and will be given an opportunity to present objections and arguments to the Administrator prior to the reclassification or removal taking place. | |||
| 9:9:1.0.1.3.23.5.46.2 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | E | Subpart E—Designation of Brucellosis Areas | § 78.41 State/area classification. | APHIS | [51 FR 32580, Sept. 12, 1986] | (a) Class Free. Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virgin Islands, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. (b) Class A. None. (c) Class B. None. | |||
| 9:9:1.0.1.3.23.5.46.3 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | E | Subpart E—Designation of Brucellosis Areas | § 78.42 Quarantined areas. | APHIS | None. | ||||
| 9:9:1.0.1.3.23.5.46.4 | 9 | Animals and Animal Products | I | C | 78 | PART 78—BRUCELLOSIS | E | Subpart E—Designation of Brucellosis Areas | § 78.43 Validated brucellosis-free States. | APHIS | [53 FR 4382, Feb. 16, 1988; 53 FR 21979, June 13, 1988] | Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virgin Islands, Virginia, Washington, West Virginia, Wisconsin, Wyoming. |
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