[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR71.3]

[Page 189-191]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 71--GENERAL PROVISIONS--Table of Contents
 
Sec. 71.3  Interstate movement of diseased animals and poultry generally prohibited.

    (a) Animals or poultry affected with any of the following diseases, 
which are endemic to the United States: Equine piroplasmosis, bovine 
piroplasmosis or splenetic fever, scabies in cattle, pseudorabies, acute 
swine erysipelas, tuberculosis, Johne's disease, brucellosis, scrapie, 
bluetongue, anthrax, chlamydiosis, poultry disease caused by Salmonella 
enteritidis serotype enteritidis, and Newcastle disease, or any other 
communicable disease which is endemic to the United States, or

[[Page 190]]

which are cattle fever tick infested, shall not be moved interstate.
    (b) Animals or poultry affected with any of the following diseases, 
not known to exist in the United States: foot-and-mouth disease, 
rinderpest, African swine fever, hog cholera, Teschen disease, 
contagious bovine pleuropneumonia, European fowl pest, dourine, 
contagious equine metritis, vesicular exanthema, screwworms and 
glanders, scabies in sheep or any other communicable foreign disease not 
known to exist in the United States, shall not be moved interstate.
    (c) Notwithstanding the provisions of paragraphs (a) and (b) of this 
section:
    (1) Domestic animals that have reacted to an official test for 
brucellosis, are not affected with any other disease referred to in this 
section, and are not tick infested may be moved interstate in accordance 
with part 78 of this chapter.
    (2) Domestic animals that are positive to an official Johne's 
disease test, are not affected with any other disease referred to in 
this section, and are not tick infested may be moved interstate in 
accordance with part 80 of this chapter.
    (3) Cattle which have reacted to the tuberculin test, which are not 
affected with any other disease referred to in this section and are not 
tick infested, may be moved interstate in accordance with the provisions 
of Sec. 77.5 of this subchapter.
    (4) Poultry affected with disease caused by Salmonella enteritidis 
serotype enteritidis may be moved interstate in accordance with part 82 
of this chapter.
    (5) Swine infected with or exposed to pseudorabies may be moved 
interstate in accordance with part 85 of this chapter.
    (d) Notwithstanding the provisions of paragraphs (a) and (b) of this 
section, livestock which is found to be diseased may be moved interstate 
in accordance with paragraphs (d)(1) through (6) of this section: 
Provided, That such livestock is not tick infested or affected with any 
disease referred to in this section other than the diseases named in 
this paragraph: And provided further, That such livestock is accompanied 
by a certificate, issued by an APHIS or State representative or 
accredited veterinarian stating the destination of the animals; the 
purpose for which they are to be moved; the number of animals covered by 
the certificate; the point from which the animals are moved interstate; 
and the name and address of the owner or shipper.
    (1) Livestock affected with one or more of the following diseases 
may be moved interstate for immediate slaughter to a slaughtering 
establishment where State or Federal meat inspection is maintained; 
Actinomycosis, actinobacillosis, anaplasmosis, atrophic rhinitis, 
contagious ecthyma, foot rot, infectious keratitis, ram epididymitis, 
ringworm, swine influenza, arthritis (simple lesions only), and shipping 
fever.
    (2) Cattle with slight unopened cases of actinomycosis or 
actinobacillosis (or both) may be moved interstate to a feed lot in the 
State of destination: Provided, That such cattle are not affected with 
any other disease named in this paragraph.
    (3) Sheep affected with or exposed to contagious ecthyma may be 
moved interstate to a feed lot located in a State the laws, rules, or 
regulations of which require that such sheep be segregated or 
quarantined under a permit from an official of such State: Provided, 
That such sheep are not affected with any other disease named in this 
paragraph.
    (4) Livestock affected with one or more of the following diseases 
may be moved interstate for any purpose to a State the laws, rules, or 
regulations of which require that such livestock be segregated or 
quarantined under a permit from the appropriate livestock sanitary 
official of such State: actinomycosis, actinobacillosis, contagious 
ecthyma, foot rot, and shipping fever: Provided, That such livestock is 
not affected with any other disease named in this paragraph.
    (5) Livestock affected with infectious keratitis or ringworm (or 
both) may be moved interstate for any purpose if treated under the 
supervision of an APHIS or State representative or an accredited 
veterinarian prior to movement: Provided, That such livestock is not 
affected with any other disease

[[Page 191]]

named in this paragraph. Livestock affected with infectious keratitis or 
ringworm (or both) and also with another disease named in this paragraph 
may be moved interstate only under the applicable provisions of 
paragraphs (d)(1) through (4) of this section after being so treated for 
infectious keratitis or ringworm (or both). Such livestock will be 
subject to further treatment at destination, if required.
    (6) Other Movements. The Administrator may provide for the movement, 
not otherwise provided for in this paragraph, of animals affected with 
the diseases named in paragraph (d)(1) of this section, under such 
conditions as he may prescribe to prevent the spread of disease. The 
Administrator will promptly notify the appropriate livestock sanitary 
officials of the States involved of any such action.
    (e) Notwithstanding the provisions of paragraphs (a) and (b) of this 
section, the Administrator in specific cases and under such conditions 
as he may prescribe to prevent the dissemination of disease may provide 
for the interstate movement of individual animals affected with 
contagious, infectious, or communicable disease to a designated 
diagnostic or research facility when accompanied by a permit from the 
appropriate livestock sanitary official in the State of destination: 
Provided, That animals so moved shall be maintained in quarantine at 
such designated facility until freed of disease as determined by tests 
recognized by the Department, until natural death, or until disposal by 
euthanasia.
    (f) Before offering cattle or other livestock or poultry for 
interstate transportation, transporting them interstate, or introducing 
them into any stockyards or upon routes of traffic for interstate 
transportation, all persons, companies, or corporations are required to 
exercise reasonable diligence to ascertain whether such animals or 
poultry are affected with any contagious, infectious, or communicable 
disease, or have been exposed to the contagion or infection of any such 
disease by contact with other animals or poultry so diseased or by 
location in pens, cars, or other vehicles, or upon premises that have 
contained animals or poultry so diseased.

[28 FR 5937, June 13, 1963]

    Editorial Note: For Federal Register citations affecting Sec. 71.3, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.