[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR78.40]

[Page 277]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 78--BRUCELLOSIS--Table of Contents
 
               Subpart E--Designation of Brucellosis Areas
 
Sec. 78.40  Designation of States/areas.


    The Administrator may amend Secs. 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 Sec. 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 Sec. 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 Sec. 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.

[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]