[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR77.36]

[Page 221-222]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 77--TUBERCULOSIS--Table of Contents
 
                       Subpart C--Captive Cervids
 
Sec. 77.36  Interstate movement from qualified herds.

    (a) Qualifications. To be recognized as a qualified herd:
    (1) All captive cervids in the herd eligible for testing in 
accordance with Sec. 77.33(f) must have tested negative to one official 
tuberculosis test that was administered to the herd within a 7-month 
period. However, captive cervids under 1 year of age that are not 
natural additions do not have to be tested if they were born in and 
originate from an accredited, qualified, or monitored herd.
    (2) The owner of the herd must have a document issued by cooperating 
State and Federal animal health officials stating that the herd has met 
the requirement in paragraph (a)(1) of this section and is classified as 
a qualified herd.
    (b) Movement allowed. Except as provided in Sec. 77.23 with regard 
to captive cervids that originate in an accredited-free State or zone, 
and except as provided in Sec. 77.31 with regard to captive cervids that 
originate in a nonaccredited State or zone, a captive cervid from a 
qualified herd may be moved interstate only if:
    (1) The captive cervid is not known to be infected with or exposed 
to tuberculosis; and
    (2) The captive cervid is accompanied by a certificate, as provided 
in Sec. 77.32(c), that includes a statement that the captive cervid is 
from a qualified herd. Except as provided in paragraphs (b)(3) and 
(b)(4) of this section, the certificate must also state that the captive 
cervid has tested negative to an official tuberculosis test conducted 
within 90 days prior to the date of movement. If a group of captive 
cervids from a qualified herd is being moved interstate together to the 
same destination, all captive cervids in the group may be moved under 
one certificate.
    (3) Captive cervids under 1 year of age that are natural additions 
to the qualified herd or that were born in and originate from a 
classified herd may move without testing, provided that the certificate 
accompanying them states that the captive cervids are natural additions 
to the qualified herd or were born in and originated from a classified 
herd and have not been exposed to captive cervids from an unclassified 
herd.
    (4) Captive cervids being moved interstate for the purpose of 
exhibition only may be moved without testing, provided they are returned 
to the premises of origin no more than 90 days after leaving the 
premises, have no contact with other livestock during movement and 
exhibition, and are accompanied by a certificate that includes a 
statement that the captive cervid is from a qualified herd and will 
otherwise meet the requirements of this paragraph.
    (c) Herd additions allowed. No captive cervid may be added to a 
qualified herd except in accordance with paragraph (c)(4) and either 
paragraph (c)(1), (c)(2), or (c)(3) of this section, as follows:
    (1) The captive cervid to be added must be moved directly from an 
accredited herd;
    (2) The captive cervid to be added must be moved directly from a 
qualified or monitored herd and must have tested negative to an official 
tuberculosis test conducted within 90 days prior to movement to the 
premises of the accredited herd;
    (3) If the captive cervid to be added is not being moved directly 
from a classified herd, the captive cervid must be isolated from all 
other animals in its herd of origin and must test negative to two 
official tuberculosis tests prior to movement. The isolation must begin 
at the time of the first official tuberculosis test. The tests must be 
conducted at least 90 days apart, and the second test must be conducted 
within

[[Page 222]]

90 days prior to movement to the premises of the qualified herd. The 
captive cervid must then be kept in isolation from all animals until it 
tests negative to an official tuberculosis test conducted at least 90 
days following the date of arrival at the premises of the qualified 
herd. If a group of captive cervids is being moved together, the entire 
group must be isolated from all other livestock during the testing 
period, but captive cervids in the group need not be isolated from each 
other during that period. Such herd additions will not receive status as 
members of the qualified herd for purposes of interstate movement until 
they have tested negative to an official tuberculosis test and been 
released from isolation.
    (4) A captive cervid to be added must not have been exposed during 
the 90 days prior to its movement to either:
    (i) A captive cervid from a herd with a lower classification status 
than its own; or
    (ii) Any tuberculous livestock.
    (d) Maintenance of qualified herd status. To maintain status as a 
qualified herd, the herd must test negative to an official tuberculosis 
test within 9-15 months from the anniversary date of the first test with 
no evidence of tuberculosis disclosed (this is the qualifying test). 
Each time the herd is retested for qualified status, it must be tested 
9-15 months from the anniversary date of the qualifying test, not from 
the last date of requalification (for example, if a herd is qualified on 
January 1 of a given year, the anniversary date will be January 1 of 
each consecutive year). Qualified herd status remains in effect for 12 
months (365 days) following the anniversary date of the qualifying test. 
Qualified herd status will be suspended between the anniversary date and 
the requalifying test, if the herd is not tested within 12 months. 
During the suspension period, the herd will be considered 
``unclassified'' and captive cervids may be moved interstate from the 
herd only in accordance with the movement requirements for the State or 
zone in which the herd is located.