768 Interstate/international quarantine order; Chronic Wasting Disease importation requirements for farmed or captive Chronic Wasting Diseasesusceptible cervids

Interstate/International Quarantine Order; Chronic Wasting Disease Importation Requirements for Farmed or Captive Chronic Wasting Disease-Susceptible Cervids

[44 Pa.B. 2267]
[Saturday, April 12, 2014]

Recitals

 A. Chronic Wasting Disease (CWD) is considered an infectious, progressive and always fatal disease of susceptible species of the genera Cervus, Odocoileus and Alces including, but not limited to moose, white-tailed deer, mule deer, black-tailed deer, sika deer, elk and red deer, and hybrids thereof.

 B. There is no known treatment for CWD infection, no successful vaccine against this disease and no feasible live animal test that can detect the presence of CWD.

 C. CWD has negatively impacted this Commonwealth's wild and domestic (farmed or captive) cervid populations. CWD is of particular concern to the captive or farmed cervid industry, in that presence of CWD infection in a herd has resulted in the destruction of an entire herd and severely limited the market for product within and outside this Commonwealth.

 D. CWD is transmissible from infected to uninfected CWD-susceptible cervids by ingestion of contaminated materials occurring through shared environment or close contact.

 E. CWD has been designated a ''dangerous transmissible disease'' of animals under 3 Pa.C.S. § 2321(d) (relating to dangerous transmissible diseases) by order of the Secretary of Agriculture under 3 Pa.C.S. §§ 2301—2389 (relating to the Domestic Animal Law).

 F. The Department of Agriculture (Department) has broad authority under the Domestic Animal Law to regulate the keeping, transport and handling of domestic animals in order to exclude, contain or eliminate dangerous transmissible diseases, such as CWD.

 G. The Department also has broad authority under the Domestic Animal Law to prohibit the importation of domestic animals, conveyances, containers, goods, products or materials in an effort to keep dangerous transmissible diseases, such as CWD, from entering this Commonwealth.

 H. In 2012 CWD infection was confirmed in two domestic white tailed deer on a farm in the Commonwealth. CWD was diagnosed in free ranging deer in the Commonwealth from testing done in association with the Pennsylvania Game Commission's 2012 and 2013 hunter harvest program. It has also been detected in free-ranging cervids in New York, Maryland, Virginia, and West Virginia, and is known to be present in a number of other states and several Canadian provinces.

 I. The Department seeks to establish reasonable requirements, in accordance with its authority under the Domestic Animal Law (3 Pa.C.S. §§ 2301—2389) and consistent with federal regulations—at 9 CFR 81 (related to Chronic Wasting Disease in Deer, Elk and Moose)—and United States Department of Agriculture guidance and policy related to quarantine of CWD infected and exposed cervidae, to allow CWD-susceptible species of cervids to be imported into or shipped through this Commonwealth, while protecting against the introduction of CWD into this Commonwealth's cervid population.

Order of Quarantine

 With the foregoing recitals incorporated into this Order by reference, the Pennsylvania Department of Agriculture (PDA) hereby establishes an Interstate and International Quarantine under authority of the Domestic Animal Law, at 3 Pa.C.S. § 2329(c). The terms of this Order are as follows:

 1. Area of Quarantine. The Quarantined Area affected by this Interstate and International Quarantine Order is any State, foreign nation, province or territory other than the Commonwealth of Pennsylvania.

 2. Prohibitions.

 i. Importation. No farmed or captive CWD-susceptible cervid shall be imported into the Commonwealth of Pennsylvania without a PDA-issued importation permit, two forms of USDA/APHIS-approved animal identification (described in Paragraph 3) and the certificate of veterinary inspection and related paperwork required by this Order. No cervids declared as CWD positive, CWD suspect, or CWD exposed shall be imported into the Commonwealth of Pennsylvania or off-loaded within the Commonwealth of Pennsylvania. Pennsylvania will issue importation permits only and exclusively to farmed or captive CWD-susceptible cervids originating from fully certified CWD Herd Certification Program herds. The provisions of this subsection 2.i. also apply to CWD-susceptible species which will be transported through the Commonwealth of Pennsylvania on their way to a final destination in a state other than the Commonwealth of Pennsylvania, but which will be off-loaded at a stop-over site or premises in the Commonwealth of Pennsylvania during transit. No CWD-susceptible cervid shall be off-loaded at any premises in the Commonwealth that is not enrolled in the Commonwealth's Chronic Wasting Disease Herd Certification or Herd Monitoring Program.

 ii. Through-shipment. Consistent with the provisions of subsection i. (related to importation) of this Section 2. no cervids declared as CWD positive, CWD suspect, or CWD exposed shall be imported into the Commonwealth of Pennsylvania or off-loaded within the Commonwealth of Pennsylvania. No farmed or captive CWD-susceptible cervid that is being shipped through this Commonwealth of Pennsylvania to another destination shall be temporarily unloaded from the vehicle or conveyance in which it is being transported without a PDA-issued importation permit (as described in Section 5 of this Order), two forms of USDA/APHIS-approved animal identification (as described in Section 3 of this Order) and the certificate of veterinary inspection (as described in Section 4 of this Order) and related paperwork required by this Order.

 iii. Movement to slaughter. Any farmed or captive CWD-susceptible cervid that is moved interstate for immediate slaughter to a recognized slaughtering establishment in Pennsylvania shall meet the identification requirement in paragraph 3, the certificate of veterinary inspection required by paragraph 4 listing the slaughter facility as the destination, and the permit requirement in paragraph 5. No cervids declared as CWD positive, CWD suspect, or CWD exposed shall be imported for slaughter in Pennsylvania.

 3. Animal identification requirement. Any farmed or captive cervid that is imported into the Commonwealth of Pennsylvania, or that is temporarily unloaded from the vehicle or conveyance in which it is being transported while in transit through this Commonwealth of Pennsylvania to another destination, shall have two forms of animal identification. One form of identification shall qualify as USDA, APHIS-approved ''official'' animal identification. The second device may be either a second form of USDA, APHIS-approved ''official'' animal identification or a USDA, APHIS-approved form of individual animal identification unique to that animal within the herd and linkable to the CWD database. Consultation with USDA and PDA on currently acceptable forms of identification is strongly recommended when anticipating importation of cervids. Currently, USDA, APHIS-approved forms of ''official'' identification are:

 i. A legible and unique tattoo approved by the Department and USDA, APHIS.

 ii. A USDA, APHIS-issued ear tag, bearing a unique number provided by USDA, APHIS that utilizes one of the following numbering systems:

 A. The National Uniform Eartagging System (NUES).

 B. The Animal Identification Number (AIN) bearing 15 digits starting with '840.'

 C. The premises-based numbering system using a Premises Identification Number (PIN) in conjunction with a livestock production numbering system.

 D. Any other numbering system approved by USDA, APHIS and the state veterinarian.

 iii. An electronic implant device, such as a microchip that utilizes a nationally unique 15 digit animal identification number starting with '840' provided an appropriate reader is immediately available wherever the animal is located.

 iv. Any other identification device approved by the Department and USDA, APHIS.

 4. Certificate of veterinary inspection and health documentation requirements. Any farmed or captive cervid that is imported into the Commonwealth of Pennsylvania, or that is temporarily unloaded from the vehicle or conveyance in which it is being transported while in transit through the Commonwealth of Pennsylvania to another destination, shall be accompanied by an official certificate of veterinary inspection (CVI) written within the preceding 30 days by a USDA Category II accredited veterinarian or equivalent position of the State, foreign nation, province or territory of origin indicating that the animal identified in that document is not known to be exposed to or infected with any infectious or contagious disease.

 i. A single CVI may pertain to any number of farmed or captive cervids, but the CVI shall identify each of the subject farmed or captive cervids by its official approved form of animal identification, as described above in Paragraph (3).

 ii. The CVI shall verify that the subject farmed or captive cervids identified in the document have satisfied all applicable testing requirements of the Commonwealth of Pennsylvania related to Brucellosis and Tuberculosis.

 iii. The CVI or its separate accompanying verification shall confirm that the subject CWD-susceptible farmed or captive cervids originates from a herd of origin that has been classified as 'Certified' in a government-adminis- tered CWD herd certification program with components as determined by 9 CFR Part 55.24. PDA will be the final arbiter of whether or not a particular CWD herd certification program is acceptable, but will make this determination in accordance with any applicable USDA or other national standards.

 5. Importation permit requirement. Pennsylvania will issue importation permits only and exclusively to farmed or captive CWD-susceptible cervids originating from fully certified CWD Herd Certification Program herds. This restriction also applies to those CWD-susceptible species which will be transported through Pennsylvania on their way to a final destination in a state other than Pennsylvania, but which will be off-loaded at a stop-over site in Pennsylvania during transit. Persons meeting the definition of a hauler under the provisions of the Domestic Animal Law shall be subject to the licensure requirements contained therein. Pennsylvania cervid operations enrolled or required to be enrolled under the ''General Quarantine Order; Chronic Wasting Disease Program Requirements for Herd Certification Program and Herd Monitoring Program,'' shall obtain and document the hauler information required by the provisions of that Order.

 This importation permit may be obtained through PDA's Bureau of Animal Health and Diagnostic Services, at [phone]. Applicants should apply to PDA for this importation permit at least 30 days in advance of the planned importation or shipping date. The application verifies that the importation requirements have been met. The following information is required including animal identification, from which premises, to which premises, CWD herd status, Tuberculosis herd status, Brucellosis herd status, dealer/hauler information, and date of movement. Premises, except slaughter facilities, importing farmed or captive CWD-susceptible cervids must be enrolled in one of the CWD programs with the Pennsylvania Department of Agriculture.

 6. Criminal and/or civil penalties. Any person violating the requirements of this Order shall be subject to criminal prosecution and/or civil penalties of up to $10,000 per violation.

 7. PDA's authority. This Order shall not be construed as limiting PDA's authority to establish additional quarantine or testing requirements on imported cervids.

 8. By this Order, the Department is rescinding and supplanting the referenced August 19, 2006, General Quarantine Order to harmonize Commonwealth standards with Federal regulations in 9 CFR Parts 55 and 81 which establish minimum national standards addressing State CWD herd certification programs for interstate cervidae commerce.

 9. Effective date. This Order is effective upon publication in the Pennsylvania Bulletin.

GEORGE D. GREIG, 
Secretary

[Pa.B. Doc. No. 14-768. Filed for public inspection April 11, 2014, 9:00 a.m.]