[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: 9CFR77.4]

[Page 223]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 77--TUBERCULOSIS--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 77.4  Application for and retention of zones.

    (a) A State animal health official may request at any time that the 
Administrator designate part of a State as having a different 
tuberculosis classification under this part than the rest of the State. 
The requested zones must be delineated by the State animal health 
authorities, subject to approval by the Administrator. The request from 
the State must demonstrate that the State complies with the following 
requirements:
    (1) The State must have the legal and financial resources to 
implement and enforce a tuberculosis eradication program and must have 
in place an infrastructure, laws, and regulations that require and 
ensure that State and Federal animal health authorities are notified of 
tuberculosis cases in domestic livestock or outbreaks in wildlife;
    (2) The State in which the intended zones are located must maintain, 
in each intended zone, clinical and epidemiologic surveillance of animal 
species at risk of tuberculosis at a rate that allows detection of 
tuberculosis in the overall population of livestock at a 2 percent 
prevalence rate with 95 percent confidence. The designated tuberculosis 
epidemiologist must review reports of all testing for each zone within 
the State within 30 days of the testing; and
    (3) The State must enter into a memorandum of understanding with 
APHIS in which the State agrees to adhere to any conditions for zone 
recognition particular to that request.
    (b) Retention of APHIS recognition of a zone is subject to annual 
review by the Administrator. To retain recognition of a zone, a State 
must continue to comply with the requirements of paragraphs (a)(1), 
(a)(2), and (a)(3) of this section, as well as the requirements for 
maintaining or improving the tuberculosis risk classification of each 
zone in the State, and must retain for at least 2 years all certificates 
required under this part for the movement of cattle, bison, and captive 
cervids.

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