§ 77.3 What constitutes a modified accredited area.

A modified accredited area is a State or portion thereof, as listed in § 77.3a by the Director of the Animal Health Division, ARS, in which said Director has determined that the percentage of cattle affected with tuberculosis does not exceed one-half of one percent and which he has determined maintains the status of a modified accredited area in accordance with provisions of the Uniform Methods and Rules for the Establishment and Maintenance of Tuberculosis-Free Accredited Herds of Cattle and Modified Accredited Areas, which are approved by said Animal Health Division: Provided, That until July 1, 1960, any State or portion thereof which has qualified under such Methods and Rules as a modified accredited area shall not be deemed for purposes of this part to lose such status by failure to obtain reaccreditation when due under such Methods and Rules, if officials of such State or portion thereof are taking action satisfactory to the Director of said Division to achieve such reaccreditation: And provided further, That on and after July 1, 1960, any State or portion thereof which has not qualified for reaccreditation when due, shall lose its modified accredited area status unless officials of such State or portion thereof have taken and are continuing to take action satisfactory to the Director of said Division to achieve such reaccreditation, in which case such additional time not to exceed one year from the date reaccreditation was due, as the Director deems necessary, will be allowed for such area to obtain reaccreditation and during such time the area will retain its status as a modified accredited area if it otherwise qualifies for it under this section. Copies of such Uniform Methods and Rules may be obtained from the Animal Health Division, Agricultural Research Service, United States Department of Agriculture, Washington, D.C., or from the Federal inspectors or State inspectors performing functions under the provisions of this part.

NON-MODIFIED ACCREDITED AREAS

§ 77.4 Interstate shipments from nonmodified accredited areas prohibited.

No cattle originating in a non-modified accredited area shall be shipped, driven on foot, transported, or received for transportation interstate except as provided in §§ 77.7, 77.8, unless and until such cattle have been subjected to a physical examination and tuberculin test, applied as directed in § 77.6, and a tuberculin-test chart and health certificate, showing them to be apparently free from tuberculosis and any other contagious, infectious, or communicable disease of animals, has been issued and the requirements of § 71.16 of this subchapter are fully complied with.

§ 77.5 What constitutes non-modified accredited area.

A non-modified accredited area is one which has not met the requirements for a modified accredited area.

§ 77.6 Conditions under which interstate shipments from non-modified accredited areas permitted.

The physical examination, tuberculin test, and health certificate and tuberculin-test chart required by § 77.4 shall be made, applied, and issued within 30 days prior to the shipping, driving on foot, transporting, or receiving for transportation, either by a veterinarian of the State of origin who shall have been authorized by such State and approved by the Division to apply the test, make the examination, and issue the certificate and test chart, or by a veterinarian employed by the Division at a public stockyard or other regular Division station: Provided, however, That if any animals in a lot of cattle tuberculin tested react

* See § 77.5.

• When the cattle are tested by a veterinarian other than a Division inspector the original and one copy of the tuberculin-test chart and health certificate shall be sent to the livestock sanitary official of the State from which the cattle are to be shipped or moved for approval by him (except when the test is applied at a public stockyard where Federal inspection is maintained the inspector in charge may approve the certificate), whereupon the original copy shall be forwarded to the Division, one copy of the test chart and health certificate shall be sent to the proper livestock sanitary official of the State of destination in ample time to reach him before the arrival of the cattle at destination, and one copy of the test chart and health certificate shall accompany the cattle to destination.

the remainder of the lot shall not be shipped interstate, except for immediate slaughter, without a proper retest: And provided further, That all cattle not identified by registration name and number shall be identified by a metal ear tag.

§ 77.7

Interstate shipments from nonmodified accredited areas; when permitted.

Cattle of the classes described in paragraphs (a), (b), and (c), originating in non-modified accredited areas, may be shipped, driven on foot, transported, and received for transportation interstate, without compliance with the provisions of 88 77.4-77.6.

(a) Accredited herds. Cattle from a herd accredited by the Division, in cooperation with the various States, as free from tuberculosis when accompanied by a certificate issued by an authorized State or Federal inspector or by a veterinarian approved by the Division and State, showing the cattle to be from such a herd.

(b) Slaughter cattle. Cattle for immediate slaughter when consigned to a place where Division or State meat inspection is maintained or to a place designated by the proper State livestock sanitary official of the State of destination.

(c) Shipments to public stockyards. Cattle when consigned to a public stockyard that has pens placarded "Cattle from non-modified accredited area" set aside for the reception of such cattle. SHIPMENT OF TUBERCULOUS CATTLE FOR SLAUGHTER

§ 77.8 Interstate shipments of tuberculous cattle for slaughter; when permitted.

Cattle which have reacted to the tuberculin test may be shipped, transported, received for transportation, or otherwise moved interstate for immediate slaughter to an establishment or public stockyard where Federal inspection is maintained under the provisions of the act of March 4, 1907 (34 Stat. 1260), upon compliance with the following conditions:

(a) The cattle shall be marked for identification by branding the letter "T" on the left jaw, not less than 2 nor more than 3 inches high, and attaching to the left ear a metal tag bearing a serial number and the inscription "U. S. B. A. I. Reacted" or a similar State reactor tag.

(b) The cattle shall be accompanied to destination by a certificate issued by a Division inspector or a regularly employed State inspector engaged in cooperative tuberculosis-eradication work, showing (1) that the cattle have reacted to the tuberculin test, (2) that they may be moved interstate and (3) the purpose for which they are moved.

(c) The cattle so moved shall be slaughtered under Federal inspection.

(d) The transportation companies shall plainly write or stamp upon the face of each of the way bills, conductors' manifests, and memoranda pertaining to such shipments the words "Tuberculous Cattle" and a statement to the effect that the car, or compartment of the boat in which the cattle have been transported is to be cleaned and disinfected.

(e) The car or the compartment of the boat in which tuberculous cattle have been transported interstate shall be cleaned and disinfected under Division supervision by the final carrier at destination in accordance with §§ 71.4-71.12 of this subchapter.

(f) The cattle shall not be shipped or transported in cars or in compartments of boats containing healthy cattle or hogs unless all the animals are for immediate slaughter or unless the tuberculous cattle are separated from the other animals by a partition which shall be securely affixed to the walls of the car or boat.

AUTHORITY: The provisions of this Part 78 issued under secs. 4-7, 23 Stat. 32, as amended, secs. 1, 2, 32 Stat. 791, as amended, 792, as amended, sec. 3, 33 Stat. 1265, as amended, sec. 13, 65 Stat. 693; 21 U.S.C. 111-113, 114a-1, 115, 117, 120, 121, 125, 134 b and f; 19 F.R. 74, as amended, 9 CFR 78.16.

CROSS REFERENCE: For regulations governing paratuberculosis in domestic animals, see Part 80 of this chapter.

Subpart A-General Provisions

As used in this part, the following terms shall have the meanings set forth in this section except as otherwise clearly indicated.

(a) Brucellosis. The infectious and communicable disease of animals commonly known as Bang's disease, abortion disease, contagious abortion, and brucellosis.

(b) Division. The Animal Health Division, Agricultural Research Service, United States Department of Agriculture.

(c) Director of Division. The Director of the Division, or any other official of the Division to whom authority has heretofore been delegated or may hereafter be delegated to act in his stead.

(d) State. Any State, Territory, the District of Columbia, or Puerto Rico.

(e) Interstate. From one State into or through any other State.

(f) Person. Any person, company, or corporation.

(g) Moved. Shipped, transported or otherwise moved, or delivered or received for movement, by any person.

A

(h) Certified brucellosis-free herd. herd of cattle officially declared by the Division and a State as free from brucellosis and such declaration being evidenced by a currently effective certificate issued jointly by the Division and such State.

(i) Modified certified brucellosis area. A State, or a political subdivision or portion thereof, in which the percentage of cattle affected with brucellosis has been determined by the Agricultural Research Service, United State Department of Agriculture, not to exceed one percent and the percentage of herds in which brucellosis is present has been determined by such Service not to exceed five percent, and which maintains that status in accordance with provisions of the "Uniform Methods and Rules for the Establishment and Maintenance of Certified Brucellosis-free Herds of Cattle and Modified Certified Areas", which are adopted by the United States Livestock Sanitary Association, and approved by the Division. Copies of such Uniform Methods and Rules are available at the Washington, D.C., office of the Division. (Such areas are specified in § 78.13.)

(j) Official vaccinate. A female bovine animal vaccinated subcutaneously against brucellosis while from 3 through 8 months of age or a female bovine animal of a beef breed in a range or semirange area vaccinated subcutaneously against brucellosis while from 3 through 11 months of age, under the supervision of a Federal or State veterinary official, with a vaccine approved by the Division; permanently identified as an official vaccinate; and reported at the time of vaccination to the appropriate State or Federal agency cooperating in the eradication of brucellosis: Provided, however, That a bovine animal vaccinated prior to January 1, 1966, in accordance with the existing definition of an official vaccinate as set forth in this part at the time of vaccination, shall be deemed to be an official vaccinate.

(k) Public stockyard. A stockyard designated in § 78.14 (a) where trading in livestock is carried on, where yarding, feeding, and watering facilities are provided by the stockyard, transportation, or similar company, and where Federai inspection is maintained for the inspection for of livestock communicable diseases.

(1) Federal inspector. An inspector of the Agricultural Research Service, United States Department of Agricul

ture, responsible for the performance of the function involved.

(m) State inspector. An inspector regularly employed in livestock sanitary work of a State or a political subdivision thereof, and who is authorized by such State or political subdivision to perform the function involved.

(n) Accredited veterinarian. A veterinarian approved by the United States Department of Agriculture to perform the function involved.

(0) Specifically approved stockyard. A stockyard specifically approved for the purposes of the regulations in this part in accordance with § 78.16(b).

[28 F.R. 5956, June 13, 1963, as amended at 29 FR. 1559, Jan. 30, 1964; 29 F.R. 14490, Oct. 22, 1964; 31 F.R. 81, Jan. 5, 1966; 31 F.R. 2473, Feb. 28, 1966; 32 F.R. 8752, June 20, 1967]

§ 78.2 Notice relating to existence of brucellosis.

On June 5, 1952, the Secretary of Agriculture issued a notice that the contagion of brucellosis exists in domestic animals in each State of the Continental United States and in Puerto Rico, Alaska, and Hawaii (17 F.R. 5260).

[28 F.R. 5956, June 13, 1963]

§ 78.3 Certificates pertaining to movement of animals.

(a) Whenever the regulations in this part require a certificate in connection with the movement of animals and the animals are moved by a transportation agency issuing waybills or other forms of billing covering the movement, the certificate shall be delivered to such transportation agency by the shipper at the time the animals are delivered for shipment; shall become the property of the transportation agency; shall be attached to the billing by the transportation agency; shall accompany such billing to the destination of the animals; and shall be filed with such billing for future reference.

(b) Whenever the regulations in this part require a certificate in connection with the movement of animals and the animals are moved by a transportation agency not issuing waybills or other forms of billing, or moved by any other means, the certificate shall accompany the animals to their destination and be delivered to the consignee, or, in case the consignor and the consignee are the same person, to the first person purchasing during or after such movement, or to the person to whom the animals are delivered.

(c) The person issuing a certificate required for the interstate movement of cattle under paragraph (d) or (e) of § 78.12, or of bison under § 78.20, shall forward a copy thereof to the proper livestock sanitary official of the State of destination of the cattle or bison. [28 F.R. 5957, June 13, 1963, as amended at 29 F.R. 1559, Jan. 30, 1964]

Subpart B-Domestic Animals
Affected With Brucellosis

SOURCE: The provisions of this Subpart B appear at 28 F.R. 5957, June 13, 1963, unless otherwise noted.

§ 78.4 General restriction.

Domestic animals (other than bison) affected with brucellosis may not be moved interstate except in compliance with the regulations in this subpart. Bison may not be moved interstate except as provided in Subpart E of this part. [29 F.R. 1559, Jan. 30, 1964]

§ 78.5

Movement of brucellosis reactors. Domestic animals which have reacted to a test recognized by the Secretary of Agriculture for brucellosis may be moved interstate under this subpart for immediate slaughter direct to a slaughtering establishment operating under the provisions of the Meat Inspection Act of March 4, 1907 (34 Stat. 1260; 21 U.S.C. 71 et seq.), or a slaughtering establishment specifically approved for the purpose in accordance with § 78.16 (b), or to a public stockyard or specifically approved stockyard for sale to such a slaughtering establishment, in accordance with the following requirements:

(a) Cattle which reacted to such a test shall be marked for identification by branding the letter "B" on the left jaw in letters not less than 2 nor more than 3 inches high, and attaching to the left ear a metal tag bearing a serial number and the inscription "U. S. B. A. I. Reacted," or "U. S. Reacted," or a similar State reactor tag. Such a metal tag, affixed to the left ear, shall be sufficient identification for reactors other than cattle.

(b) The reactors shall be accompanied to destination, in accordance with § 78.3, by a certificate issued by a Federal or State inspector or an accredited veterinarian showing: (1) That the animals have reacted to a test recognized by the Secretary of Agriculture for brucellosis; (2) the reactor tag number of each animal and the name of the owner of such

animal when it was tested for brucellosis; (3) that the animals may be moved interstate, (4) the destination to which they are to be moved; and (5) the purpose for which they are to be moved.

§ 78.6 Reshipment of purebred brucellosis reactors.

Purebred animals which have been moved interstate for breeding purposes, and which, subsequent to such movement, have reacted to a test recognized by the Secretary of Agriculture for brucellosis, may be reshipped interstate under this subpart for purposes other than immediate slaughter in accordance with the requirements set forth in paragraphs (a) and (b) of § 78.5 and with the following additional requirements:

(a) The reactors shall be returned to the point of origin, consigned to the original owner.

(b) Test charts for the original test and any subsequent retest, showing that such tests were properly conducted, shall be submitted for examination to the person who issues the certificate required by § 78.5 (b).

(c) The reactors shall not be shipped to any State without specific provision by the appropriate livestock sanitary official thereof for the segregation or quarantine of such reactors until their death by slaughter or from natural causes.

(d) The reactors, after return to the point of origin, shall not again be moved interstate except for immediate slaughter in accordance with the provisions of § 78.5.

§ 78.7 Marking of records.

Each transportation agency moving brucellosis reactors in the course of their interstate movement shall plainly write or stamp upon the face of each waybill, conductor's manifest, switch order, vehicle interchange record, and similar record, which it prepares in connection with such movement, the words "Brucellosis Reactors" and a statement to the effect that the railroad car, boat, truck, or other vehicle, in which the animals are transported is to be cleaned and disinfected.

§ 78.8 Cleaning and disinfecting vehicles.

(a) Each railroad car, boat, truck, or other vehicle, in which brucellosis reactors are transported interstate shall be cleaned and disinfected in accordance with the provisions of §§ 71.4, 71.7,

71.9, 71.10, and 71.11 of this subchapter: Provided, however, That such vehicles may be cleaned and disinfected under the supervision of a Federal or State inspector or an accredited veterinarian: And provided, further, That if such supervision or proper cleaning and disinfecting facilities are not available at the point where the animals are unloaded, upon permission first received from the Division, the vehicle may be forwarded empty to a point at which such supervision and facilities are available and there be cleaned and disinfected.

(b) Each railroad car, boat, truck, or other vehicle, from which brucellosis reactors moved interstate are transferred en route to destination, shall be cleaned and disinfected, by the transportation agency delivering the vehicle to such point of transfer, under the supervision of a Federal or State inspector or an accredited veterinarian, immediately after unloading of the animals and before being moved from such point of transfer, in accordance with the provisions of §§ 71.9 through 71.11 of this subchapter: Provided, however, That if such supervision or proper cleaning and disinfecting facilities are not available at such point of transfer, upon permission first secured from the Division, the vehicle may be forwarded empty to a point at which such supervision and facilities are available and there be cleaned and disinfected.

§ 73.9 Segregation of brucellosis reactors en route interstate.

Brucellosis reactors shall not be moved interstate in a railroad car, boat, truck, or other vehicle, containing healthy animals susceptible to brucellosis unless all of the animals are for immediate slaughter, or unless the reactors are kept separate from the other animals by a partition securely affixed to the sides of the vehicle.

Subpart C-Restrictions on Movement of Cattle Because of Brucellosis SOURCE: The provisions of this Subpart C appear at 28 F.R. 5957, June 13, 1963. § 78.10 General restriction.

Cattle may not be moved interstate except as provided in the regulations in this subpart.