[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: 9CFR77.24]

[Page 234-235]
 
                  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. 77.24  Modified accredited advanced States or zones.

    (a) The following are modified accredited advanced States: None.
    (b) The following are modified accredited advanced zones: None.
    (c) If any livestock other than captive cervids are included in a 
newly assembled herd on a premises where a tuberculous herd has been 
depopulated, the State or zone must apply the herd test requirements 
contained in the ``Uniform Methods and Rules--Bovine Tuberculosis 
Eradication'' (January 22, 1999 edition), which is incorporated by 
reference at Sec. 77.1, for such newly assembled herds to those other 
livestock in the same manner as to captive cervids. Failure to do so 
will result in the removal of the State or zone from the list of 
modified accredited advanced States or zones and its being reclassified 
as modified accredited.
    (d) If tuberculosis is diagnosed within a modified accredited 
advanced State or zone in an animal not specifically regulated by this 
part and a risk assessment conducted by APHIS determines that the 
outbreak poses a tuberculosis risk to livestock within the State or 
zone, the State or zone must implement a tuberculosis management plan, 
approved jointly by the State animal health official and the 
Administrator, within 6 months of the diagnosis. The management plan 
must include provisions for immediate investigation of tuberculosis in 
animals held for exhibition and in livestock and wildlife; the 
prevention of the spread of the disease to other animals held for 
exhibition and to livestock and wildlife; increased surveillance for 
tuberculosis in animals held for exhibition and wildlife; eradication of 
tuberculosis from individual herds; a timeline for tuberculosis 
eradication; and performance standards by which to measure yearly 
progress toward eradication. If a State or zone does not implement such 
a plan within the required 6 months, the State or zone will be 
reclassified as modified accredited.
    (e) Modified accredited advanced State or zone status must be 
renewed annually. To qualify for renewal of a modified accredited 
advanced State or zone status, a State must submit an annual report to 
APHIS certifying that

[[Page 235]]

the State or zone complies with all the provisions of the ``Uniform 
Methods and Rules--Bovine Tuberculosis Eradication'' regarding modified 
accredited advanced States. The report must be submitted to APHIS each 
year between October 1 and November 30.
    (f) To qualify for accredited-free status, a modified accredited 
advanced State or zone must demonstrate to the Administrator that it 
complies with the provisions of the ``Uniform Methods and Rules--Bovine 
Tuberculosis Eradication,'' has zero percent prevalence of affected 
captive cervid herds, and has had no findings of tuberculosis in any 
captive cervids in the State or zone for the previous 5 years. Except 
that: The requirement of freedom from tuberculosis is 2 years from the 
depopulation of the last affected herd in States or zones that were 
previously accredited-free and in which all herds affected with 
tuberculosis were depopulated, 3 years in all other States or zones that 
have depopulated all affected herds, and 3 years in States or zones that 
have conducted surveillance that demonstrates that other livestock herds 
and wildlife are not at risk of being infected with tuberculosis, as 
determined by the Administrator based on a risk assessment conducted by 
APHIS.

(Approved by the Office of Management and Budget under control number 
0579-0146)