Section 9CFR78.1

[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: 9CFR78.1]

[Page 249-269]

TITLE 9--ANIMALS AND ANIMAL PRODUCTS

CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE

PART 78--BRUCELLOSIS--Table of Contents

Subpart A--General Provisions

Sec. 78.1 Definitions.

The following terms are defined in this section:

Accredited veterinarian
Administrator
Animals
Animal and Plant Health Inspection Service
APHIS representative
Approved brucella vaccine
Approved individual herd plan
Approved intermediate handling facility
Area
``B'' branded
Boar
Brucellosis
Brucellosis exposed
Brucellosis negative
Brucellosis reactor
Brucellosis ring test
Brucellosis suspect
Certificate
Certified brucellosis-free herd
Class A State or area
Class B State or area
Class C State or area
Class Free State or area
Complete herd test (CHT)
Confirmatory test
Dairy cattle
Designated epidemiologist
Directly
Epidemiologist
Epidemiology
Farm of origin
Feral swine
Finished fed cattle
Herd
Herd blood test
Herd known to be affected
Herd not known to be affected
Herd of origin of swine
Interstate
Market cattle identification test cattle
Market swine test (MST) reactor
Market swine test swine
Monitored-negative feral swine population
Moved
Moved (movement) in interstate commerce
Official adult vaccinate
Official brand inspection certificate
Official brand recording agency
Official calfhood vaccinate
Official eartag
Official seal
Official swine tattoo
Official test
Official vaccinate
Official vaccination eartag
Originate
Parturient
Permit
Permit for entry
Person
Postparturient
Purebred registry association
Qualified herd
Quarantined area
Quarantined feedlot
Quarantined pasture
Recognized slaughtering establishment
``S'' branded
``S'' brand permit
Sow
Specifically approved stockyard
State
State animal health official
State representative
Successfully closed case
Swine brucellosis
Test-eligible cattle and bison
United States Department of Agriculture backtag
Validated brucellosis-free herd
Validated brucellosis-free State
Veterinarian in Charge
Whole herd vaccination

As used in this part, the following terms shall have the meanings set
forth in this section.
Accredited veterinarian. A veterinarian approved by the
Administrator in accordance with the provisions of part 161 of this
title to perform functions specified in parts 1, 2, 3, and 11 of
subchapter A, and subchapters B, C, and D of this chapter, and to
perform functions required by cooperative State-Federal disease control
and eradication programs.
Administrator. The Administrator, Animal and Plant Health Inspection
Service, or any person authorized to act for the Administrator.
Animals. Cattle, bison, and swine.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the United States Department of
Agriculture.
APHIS representative. An individual employed by APHIS who is
authorized to perform the function involved.
Approved brucella vaccine. A Brucella product approved by and
produced

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under license of the United States Department of Agriculture for
injection into cattle or bison to enhance their resistance to
brucellosis.
Approved individual herd plan. A herd management and testing plan
designed by the herd owner, the owner's veterinarian if so requested,
and a State representative or APHIS representative to determine the
disease status of animals in the herd and to control and eradicate
brucellosis within the herd. The plan must be jointly approved by the
State animal health official and the Veterinarian in Charge.
Approved intermediate handling facility. Premises approved by the
Administrator and the State animal health official for receiving and
handling cattle and bison for release only to recognized slaughtering
establishments and quarantined feedlots. Cattle and bison may be held at
an approved intermediate handling facility for a maximum of 7 days and
may not change ownership during this time. No cattle or bison, except
cattle or bison moved directly from a farm of origin, shall be permitted
to enter an approved intermediate handling facility unless they are
accompanied by a permit or ``S'' brand permit. Cattle or bison
transported in vehicles closed with official seals are prohibited from
entering the approved intermediate handling facility. No cattle or bison
shall be permitted to leave an approved intermediate handling facility
unless they are accompanied by a permit or ``S'' brand permit which
lists a recognized slaughtering establishment or a quarantined feedlot
as the point of destination. To qualify for and retain approval, the
following conditions must be met: (a) The facility must be separate and
apart from other livestock handling facilities for breeding cattle and
breeding bison; (b) Serviceable equipment for cleaning and disinfection
shall be furnished and maintained with adequate disinfectant on hand;
(c) The facility must be cleaned and disinfected in accordance with
Sec. 71.4(a) of this chapter; (d) Any document relating to cattle or
bison which are or have been in the facility shall be maintained by the
facility for a period of 1 year; (e) State representatives and APHIS
representatives shall be granted, at reasonable hours, access to all
documents required to be maintained by the facility and authority to
reproduce the documents; and (f) Each entrance and exit to the facility
must prominently display a sign bearing the following words: ``All
cattle and bison entering this facility must go directly to slaughter or
a quarantined feedlot''. The Administrator may withdraw or deny approval
of any intermediate handling facility in accordance with Sec. 71.20 of
this chapter.
Area. That portion of any State which has a separate brucellosis
classification under this part.
``B'' branded. Branding with a hot iron the letter ``B'' high on the
left hip near the tailhead and at least 5 by 5 centimeters (2 by 2
inches) in size.
Boar. An uncastrated male swine 6 months of age or over which is or
has been capable of being used for breeding purposes.
Brucellosis. The contagious, infectious, and communicable disease
caused by bacteria of the genus Brucella. It is also known as Bangs
disease, undulant fever, and contagious abortion.
Brucellosis exposed. Except for brucellosis reactors, animals that
are part of a herd known to be affected, or are in a quarantined feedlot
or a quarantined pasture, or are brucellosis suspects, or that have been
in contact with a brucellosis reactor for a period of 24 hours or more,
or for a period of less than 24 hours if the brucellosis reactor has
aborted, calved, or farrowed within the past 30 days or has a vaginal or
uterine discharge.
Brucellosis negative. An animal subjected to one or more official
tests resulting in a brucellosis negative classification or reclassified
as brucellosis negative by a designated epidemiologist as provided for
in the definition of official test.
Brucellosis reactor. An animal subjected to an official test
resulting in a brucellosis reactor classification or subjected to a
bacteriological examination for field strain Brucella abortus and found
positive or reclassified as a brucellosis reactor by a designated
epidemiologist as provided for in the definition of official test.

[[Page 251]]

Brucellosis ring test. The brucellosis ring test is conducted on
composite milk or cream samples from dairy herds and is interpreted as
either negative or suspicious (positive). Herds which are negative to
the brucellosis ring test and which are not quarantined as brucellosis
affected are classified as brucellosis negative for public health
ordinances and surveillance purposes. Herds classified as suspicious
require a herd blood test to determine animal and herd status.
Brucellosis suspect. An animal subjected to an official test
resulting in a brucellosis suspect classification or reclassified as a
brucellosis suspect by a designated epidemiologist as provided for in
the definition of official test.
Certificate. An official document issued by an APHIS representative,
state representative, or accredited veterinarian at the point of origin
of an interstate movement of animals.
(a) The certificate must show the official eartag number, individual
animal register breed association registration tattoo, individual animal
registered breed association registration brand, individual animal
registered breed association registration number, or similar individual
identification of each animal to be moved; the number of animals covered
by the certificate; the purpose for which the animals are to be moved;
the points of origin and destination; the consignor; and the consignee.
Ownership brands may be used in place of individual animal
identification on certificates for cattle moved interstate when no
official test for brucellosis is required under this part, provided the
ownership brands are registered with the official brand recording
agency. Except as provided in paragraphs (b) and (c) of this definition,
all of the information required by this paragraph must be typed or
written on the certificate.
(b) As an alternative to typing or writing individual animal
identification on a certificate, another document may be used to provide
this information, but only under the following conditions:
(1) The document must be a state form or APHIS form that requires
individual identification of animals;
(2) A legible copy of the document must be stapled to the original
and each copy of the certificate;
(3) Each copy of the document must identify each animal to be moved
with the certificate, but any information pertaining to other animals,
and any unused space on the document for recording animal
identification, must be crossed out in ink; and
(4) The following information must be written in ink in the
identification column on the original and each copy of the certificate
and must be circled or boxed, also in ink, so that no additional
information can be added:
(i) The name of the document; and
(ii) Either the serial number on the document or, if the document is
not imprinted with a serial number, both the name of the person who
prepared the document and the date the document was signed.
(c) As an alternative to typing or writing ownership brands on a
certificate, an official brand inspection certificate may be used to
provide this information, but only under the following conditions:
(1) A legible copy of the official brand inspection certificate must
be stabled to the original and each copy of the certificate;
(2) Each copy of the official brand inspection certificate must show
the ownership brand of each animal to be moved with the certificate, but
any other ownership brands, and any unused space for recording ownership
brands, must be crossed out in ink;
(3) The following information must be written in ink in the
identification column on the original and each copy of the certificate
and must be circled or boxed, also in ink, so that no additional
information can be added:
(i) The name of the attached document; and
(ii) Either the serial number on the official brand inspection
certificate or, if the official brand inspection certificate is not
imprinted with a serial number, both the name of the person who prepared
the official brand inspection certificate and the date it was signed.
Certified brucellosis-free herd. A herd of cattle or bison which has
qualified for and whose owner has been issued a

[[Page 252]]

certified brucellosis-free herd certificate signed by the appropriate
State animal health official and the Veterinarian in Charge.
(a) Certification. Either of the following two methods may be used
to qualify a herd:
(1) In the case of dairy cattle, by conducting a minimum of four
consecutive negative brucellosis ring tests at not less than 90-day
intervals, followed by a negative herd blood test within 90 days after
the last negative brucellosis ring test; or
(2) By conducting at least two consecutive negative herd blood tests
not less than 10 months nor more than 14 months apart.
(b) Maintaining certification. Certified brucellosis-free herd
status will remain in effect for 1 year beginning with the date of
issuance of the certified brucellosis-free herd certificate. A negative
herd blood test must be conducted within 10 to 12 months of the last
certification date for continuous status. Lapsed certification may be
reinstated if a herd blood test is conducted within 14 months of the
last certification date. A new recertification test date may be
established if requested by the owner and if the herd is negative to a
herd blood test on that date, provided that date is within 1 year of the
previous certification date. A herd which loses certified brucellosis-
free herd status because a brucellosis reactor is found in the herd may
be recertified only by repeating the certification process, except that
certified brucellosis-free herd status may be reinstated without
repeating the certification process if epidemiological studies and
bacteriological cultures conducted by an APHIS representative or State
representative show that the herd was not affected with field strain
Brucella abortus.
Class A State or area. A State or area which meets standards for
classification as a Class A State or area and is certified as such on
initial classification or on reclassification by the State animal health
official, the Veterinarian in Charge, and the Administrator. Any
reclassification will be made in accordance with Sec. 78.40 of this
part. The following are the standards to attain and maintain Class A
status.
(a) Surveillance--(1) Brucellosis ring test. The brucellosis ring
test shall be conducted in the State or area at least four times per
year at approximately 90-day intervals. All herds producing milk for
sale shall be included in at least three of the four brucellosis ring
tests per year.
(2) Market Cattle Identification (MCI) program--(i) Coverage. All
recognized slaughtering establishments in the State or area must
participate in the MCI program. Blood samples shall be collected from at
least 95 percent of all cows and bulls 2 years of age or over at each
recognized slaughtering establishment and subjected to an official test;
(ii) Brucellosis reactors--(A) Tracebacks. At least 90 percent of
all brucellosis reactors found in the course of MCI testing must be
traced to the farm of origin.
(B) Successfully closed cases. The State or area must successfully
close at least 95 percent of the MCI reactor cases traced to the farm of
origin during the 12-consecutive-month period immediately prior to the
most recent anniversary of the date the State or area was classified
Class A. To successfully close an MCI reactor case, State
representatives or APHIS representatives must conduct an epidemiologic
investigation at the farm of origin within 15 days after notification by
the cooperative State-Federal laboratory that brucellosis reactors were
found on the MCI test. Herd blood tests must be conducted or the herd
must be confined to the premises under quarantine within 30 days after
notification that brucellosis reactors were found on the MCI test,
unless a designated epidemiologist determines that:
(1) The brucellosis reactor is located in a herd in a different
State than the State where the MCI blood sample was collected. In such
cases a State representative or APHIS representative must give written
notice of the MCI test results to the State animal health official in
the State where the brucellosis reactor is located; or
(2) Evidence indicates that the brucellosis reactor is from a herd
that no longer presents a risk of spreading brucellosis, or is from a
herd that is unlikely to be infected with brucellosis.

[[Page 253]]

Such evidence could include, but is not limited to, situations where:
(i) The brucellosis reactor is traced back to a herd that has been
sold for slaughter in entirety;
(ii) The brucellosis reactor is traced back to a herd that is
certified brucellosis free and is 100-percent vaccinated; or
(iii) The brucellosis reactor showed a low titer in the MCI test and
is traced back to a dairy herd that is 100 percent vaccinated and has
tested negative to the most recent brucellosis ring test required by
this section for herds producing milk for sale.
(3) Epidemiologic surveillance--(i) Adjacent herds. All adjacent
herds or other herds having contact with cattle in a herd known to be
affected shall have an approved individual herd plan in effect within 15
days of notification of brucellosis in the herd known to be affected;
(ii) Epidemiologically traced herds. All herds from which cattle are
moved into a herd known to be affected and all herds which have received
cattle from a herd known to be affected shall have an approved
individual herd plan in effect within 15 days of locating the source
herd or recipient herd. (iii) Each State shall ensure that such approved
individual herd plans are effectively complied with, as determined by
the Administrator.
(b) Herd infection rate--(1) Percentage of herds affected. States or
areas must not exceed a cattle herd infection rate, based on the number
of herds found to have brucellosis reactors within the State or area
during any 12 consecutive months due to field strain Brucella abortus,
of 0.25 percent or 2.5 herds per 1,000, except in States with 10,000 or
fewer herds. A special review by the Administrator will be made to
determine if such small herd population States would qualify for Class A
status. Locations of herds, sources of brucellosis, and brucellosis
control measures taken by the State will be considered.
(2) Epidemiologic investigation. Within 15 days after notification
by the cooperative State-Federal laboratory that brucellosis reactors
have been found in any herd, State representatives or APHIS
representatives shall investigate that herd to identify possible sources
of brucellosis. All possible sources of brucellosis identified shall be
contacted within an additional 15 days to determine appropriate action.
(3) All herds known to be affected shall have approved individual
herd plans in effect within 15 days after notification by a State
representative or APHIS representative of a brucellosis reactor in the
herd. Each State shall ensure that such approved individual herd plans
are effectively complied with, as determined by the Administrator.
Class B State or area. A State or area which meets standards for
classification as a Class B State or area and is certified as such on
initial classification or on reclassification by the State animal health
official, the Veterinarian in Charge, and the Administrator. Any
reclassification will be made in accordance with Sec. 78.40 of this
part. The following are the standards to attain and maintain Class B
status.
(a) Surveillance--(1) Brucellosis ring test. The brucellosis ring
test shall be conducted in the State or area at least four times per
year at approximately 90-day intervals. All herds producing milk for
sale shall be included in at least three of the four brucellosis ring
tests per year.
(2) Market Cattle Identification (MCI) program--(i) Coverage. All
recognized slaughtering establishments in the State or area must
participate in the MCI program. Blood samples shall be collected from at
least 95 percent of all cows and bulls 2 years of age or over at each
recognized slaughtering establishment and subjected to an official test;
(ii) Brucellosis reactors--(A) Tracebacks. At least 80 percent of
all brucellosis reactors found in the course of MCI testing must be
traced to the farm of origin.
(B) Successfully closed cases. The State or area must successfully
close at least 90 percent of the MCI reactor cases traced to the farm of
origin during the 12-consecutive-month period immediately prior to the
most recent anniversary of the date the State or area was classified
Class B. To successfully close an MCI reactor case, State
representatives or APHIS representatives must conduct an epidemiologic
investigation at the farm of origin within 30

[[Page 254]]

days after notification by the cooperative State-Federal laboratory that
brucellosis reactors were found on the MCI test. Herd blood tests must
be conducted or the herd must be confined to the premises under
quarantine within 30 days after notification that brucellosis reactors
were found on the MCI test, unless a designated epidemiologist
determines that:
(1) The brucellosis reactor is located in a herd in a different
State than the State where the MCI blood sample was collected. In such
cases a State representative or APHIS representative must give written
notice of the MCI test results to the State animal health official in
the State where the brucellosis reactor is located; or
(2) Evidence indicates that the brucellosis reactor is from a herd
that no longer presents a risk of spreading brucellosis, or is from a
herd that is unlikely to be infected with brucellosis. Such evidence
could include, but is not limited to, situations where:
(i) The brucellosis reactor is traced back to a herd that has been
sold for slaughter in entirety;
(ii) The brucellosis reactor is traced back to a herd that is
certified brucellosis free and is 100-percent vaccinated; or
(iii) The brucellosis reactor showed a low titer in the MCI test and
is traced back to a dairy herd that is 100 percent vaccinated and has
tested negative to the most recent brucellosis ring test required by
this section for herds producing milk for sale.
(3) Epidemiologic surveillance--(i) Adjacent herds. All adjacent
herds or other herds having contact with cattle in a herd known to be
affected shall have an approved individual herd plan in effect within 45
days of notification of brucellosis in the herd known to be affected;
(ii) Epidemiologically traced herds. All herds from which cattle are
moved into a herd known to be affected and all herds which have received
cattle from a herd known to be affected shall have an approved
individual herd plan in effect within 45 days of locating the source
herd or recipient herd. (iii) Each State shall ensure that such approved
individual herd plans are effectively complied with, as determined by
the Administrator.
(b) Herd infection rate--(1) Percentage of herds affected. States or
areas must not exceed a cattle herd infection rate, based on the number
of herds found to have brucellosis reactors within the State or area
during any 12 consecutive months due to field strain Brucella abortus,
of 1.5 percent or 15 herds per 1,000, except in States with 1,000 or
fewer herds. A special review by the Administrator will be made to
determine if such small herd population States would qualify for Class B
status. Locations of herds, sources of brucellosis, and brucellosis
control measures taken by the State will be considered.
(2) Epidemiologic investigation. Within 45 days after notification
by the cooperative State-Federal laboratory that brucellosis reactors
have been found in any herd, State representatives or APHIS
representatives shall investigate that herd to identify possible sources
of brucellosis. All possible sources of brucellosis identified shall be
contacted within an additional 30 days to determine appropriate action.
(3) All herds known to be affected shall have approved individual
herd plans in effect within 45 days after notification by a State
representative or APHIS representative of a brucellosis reactor in the
herd. Each State shall ensure that such approved individual herd plans
are effectively complied with, as determined by the Administrator.
Class C State or area. A State or area which meets standards for
classification as a Class C State or area and is certified as such on
initial classification or on reclassification by the State animal health
official, the Veterinarian in Charge, and the Administrator. Any
reclassification will be made in accordance with Sec. 78.40 of this
part. The following are the standards to attain and maintain Class C
status.
(a) Surveillance--(1) Brucellosis ring test. The brucellosis ring
test shall be conducted in the State or area at least four times per
year at approximately 90-day intervals. All herds producing milk for
sale shall be included in at least three of the four brucellosis ring
tests per year.
(2) Market Cattle Identification (MCI) program--(i) Coverage. All
recognized slaughtering establishments in the

[[Page 255]]

State or area must participate in the MCI program. Blood samples shall
be collected from at least 95 percent of all cows and bulls 2 years of
age or over at each recognized slaughtering establishment and subjected
to an official test;
(ii) Brucellosis reactors--(A) Tracebacks. At least 80 percent of
all brucellosis reactors found in the course of MCI testing must be
traced to the farm of origin.
(B) Successfully closed cases. The State or area must successfully
close at least 90 percent of the MCI reactor cases traced to the farm of
origin during the 12-consecutive-month period immediately prior to the
most recent anniversary of the date the State or area was classified
Class C. To successfully close an MCI reactor case, State
representatives or APHIS representatives must conduct an epidemiologic
investigation at the farm of origin within 30 days after notification by
the cooperative State-Federal laboratory that brucellosis reactors were
found on the MCI test. Herd blood tests must be conducted or the herd
must be confined to the premises under quarantine within 30 days after
notification that brucellosis reactors were found on the MCI test,
unless a designated epidemiologist determines that:
(1) The brucellosis reactor is located in a herd in a different
State than the State where the MCI blood sample was collected. In such
cases a State representative or APHIS representative must give written
notice of the MCI test results to the State animal health official in
the State where the brucellosis reactor is located; or
(2) Evidence indicates that the brucellosis reactor is from a herd
that no longer presents a risk of spreading brucellosis, or is from a
herd that is unlikely to be infected with brucellosis. Such evidence
could include, but is not limited to, situations where:
(i) The brucellosis reactor is traced back to a herd that has been
sold for slaughter in entirety;
(ii) The brucellosis reactor is traced back to a herd that is
certified brucellosis free and is 100-percent vaccinated; or
(iii) The brucellosis reactor showed a low titer in the MCI test and
is traced back to a dairy herd that is 100 percent vaccinated and has
tested negative to the most recent brucellosis ring test required by
this section for herds producing milk for sale.
(3) Epidemiologic surveillance--(i) Adjacent herds. All adjacent
herds or other herds having contact with cattle in a herd known to be
affected shall have an approved individual herd plan in effect within 45
days of notification of brucellosis in the herd known to be affected;
(ii) Epidemiologically traced herds. All herds from which cattle are
moved into a herd known to be affected and all herds which have received
cattle from a herd known to be affected shall have an approved
individual herd plan in effect within 45 days of locating the source
herd or recipient herd. (iii) Each State shall ensure that such approved
individual herd plans are effectively complied with, as determined by
the Administrator.
(b) Herd infection rate--(1) Percentage of herds affected. States or
areas exceed a cattle herd infection rate, based on the number of herds
found to have brucellosis reactors within the State or area during any
12 consecutive months due to field strain Brucella abortus, of 1.5
percent or 15 herds per 1,000, except in States with 1,000 or fewer
herds. A special review by the Administrator will be made to determine
if such small herd population States should be classified as a Class C
State. Locations of herds, sources of brucellosis, and brucellosis
control measures taken by the State will be considered.
(2) Epidemiologic investigation. Within 45 days after notification
by the cooperative State-Federal laboratory that brucellosis reactors
have been found in any herd, State representatives or APHIS
representatives shall investigate that herd to identify possible sources
of brucellosis. All possible sources of brucellosis identified shall be
contacted within an additional 30 days to determine appropriate action.
(3) All herds known to be affected shall have approved individual
herd plans in effect within 45 days after notification by a State
representative or APHIS representative of a brucellosis reactor in the
herd. Each State shall ensure that such approved individual herd plans
are effectively complied

[[Page 256]]

with, as determined by the Administrator.
(c) Compliance with minimum procedural standards. (1) A State must
implement and maintain minimum procedural standards.
(2) A State or area must make continued progress over a 2-year
period in reducing the prevalence of brucellosis as determined by
epidemiologic evaluation or it will be placed under Federal quarantine.
Class Free State or area. A State or area which meets standards for
classification as a Class Free State or area and is certified as such on
initial classification or on reclassification by the State animal health
official, the Veterinarian in Charge, and the Administrator. Any
reclassification will be made in accordance with Sec. 78.40 of this
part. All cattle herds in the State or area in which brucellosis has
been known to exist must be released from any State or Federal
brucellosis quarantine prior to classification. In addition, if any
herds of other species of domestic livestock have been found to be
affected with brucellosis, they must be subjected to an official test
and found negative, slaughtered, or quarantined so that no known foci of
brucellosis in any species of domestic livestock are left uncontrolled.
The following are the standards to attain and maintain Class Free
status.
(a) Surveillance--(1) Brucellosis ring test. The State or area shall
conduct as many brucellosis ring tests per year as are necessary to
ensure that all herds producing milk for sale are tested at least twice
per year at approximately 6-month intervals.
(2) Market Cattle Identification (MCI) program--(i) Coverage. All
recognized slaughtering establishments in the State or area must
participate in the MCI program. Blood samples shall be collected from at
least 95 percent of all cows and bulls 2 years of age or over at each
recognized slaughtering establishment and subjected to an official test;
(ii) Brucellosis reactors--(A) Tracebacks. At least 90 percent of
all brucellosis reactors found in the course of MCI testing must be
traced to the farm of origin.
(B) Successfully closed cases. The State or area must successfully
close at least 95 percent of the MCI reactor cases traced to the farm of
origin during the 12-consecutive-month period immediately prior to the
most recent anniversary of the date the State or area was classified
Class Free. To successfully close an MCI reactor case, State
representatives or APHIS representatives must conduct an epidemiologic
investigation at the farm of origin within 15 days after notification by
the cooperative State-Federal laboratory that brucellosis reactors were
found on the MCI test. Herd blood tests must be conducted or the herd
must be confined to the premises under quarantine within 30 days after
notification that brucellosis reactors were found on the MCI test,
unless a designated epidemiologist determines that:
(1) The brucellosis reactor is located in a herd in a different
State than the State where the MCI blood sample was collected. In such
cases a State representative or APHIS representative must give written
notice of the MCI test results to the State animal health official in
the State where the brucellosis reactor is located; or
(2) Evidence indicates that the brucellosis reactor is from a herd
that no longer presents a risk of spreading brucellosis, or is from a
herd that is unlikely to be infected with brucellosis. Such evidence
could include, but is not limited to, situations where:
(i) The brucellosis reactor is traced back to a herd that has been
sold for slaughter in entirety;
(ii) The brucellosis reactor is traced back to a herd that is
certified brucellosis free and is 100-percent vaccinated; or
(iii) The brucellosis reactor showed a low titer in the MCI test and
is traced back to a dairy herd that is 100 percent vaccinated and has
tested negative to the most recent brucellosis ring test required by
this section for herds producing milk for sale.
(3) Epidemiologic surveillance--(i) Adjacent herds. All adjacent
herds or other herds having contact with cattle in a herd known to be
affected shall be placed under quarantine and have an approved
individual herd plan in effect within 15 days after notification of
brucellosis in the herd known to be affected; (ii) Epidemiologically
traced

[[Page 257]]

herds. All herds from which cattle are moved into a herd known to be
affected and all herds which have received cattle from a herd known to
be affected shall be placed under quarantine and have an approved
individual herd plan in effect within 15 days of locating the source
herd or recipient herd. (iii) Each State shall ensure that such approved
individual herd plans are effectively complied with, as determined by
the Administrator.
(b) Herd infection rate--(1) Percentage of herds affected. All
cattle herds in the State or area must remain free of field strain
Brucella abortus for 12 consecutive months. States or areas must have a
cattle herd infection rate, based on the number of herds found to have
brucellosis reactors within the State or area during any 12 consecutive
months due to field strain Brucella abortus of 0.0 percent or 0 herds
per 1,000.
(2) Epidemiologic investigation. Within 15 days after notification
by the cooperative State-Federal laboratory that brucellosis reactors
have been found in any herd, State representatives or APHIS
representatives shall investigate that herd to identify possible sources
of brucellosis. All possible sources of brucellosis identified shall be
contacted within an additional 15 days to determine appropriate action.
(3) All herds known to be affected shall have approved individual
herd plans in effect within 15 days after notification by a State
representative or APHIS representative of a brucellosis reactor in the
herd. Each State shall ensure that such approved individual herd plans
are effectively complied with, as determined by the Administrator.
(4) Retaining Class Free status. (i) If a single herd in a Class
Free State is found to be affected with brucellosis, the State may
retain its Class Free status if it meets the conditions of this
paragraph. A State may retain its status in this manner only once during
any 2-year period. The following conditions must be satisfied within 60
days of the date an animal in the herd is determined to be infected:
(A) The affected herd must be immediately quarantined, tested for
brucellosis, and depopulated; and
(B) An epidemiological investigation must be performed and the
investigation must confirm that brucellosis has not spread from the
affected herd. All herds on premises adjacent to the affected herd
(adjacent herds), all herds from which animals may have been brought
into the affected herd (source herds), and all herds that may have had
contact with or accepted animals from the affected herd (contact herds)
must be epidemiologically investigated, and each of those herds must be
placed under an approved individual herd plan. If the investigating
epidemiologist determines that a herd blood test for a particular
adjacent herd, source herd, or contact herd is not warranted, the
epidemiologist must include that determination, and the reasons
supporting it, in the individual herd plan.
(ii) After the close of the 60-day period following the date an
animal in the herd is determined to be infected, APHIS will conduct a
review to confirm that the requirements of paragraph (b)(4)(i) have been
satisfied and that the State is in compliance with all other applicable
provisions.
Complete herd test (CHT). An official swine brucellosis test of all
swine on a premises that are 6 months of age or older and maintained for
breeding purposes.
Confirmatory test. A follow-up test to verify any official test
results. Confirmatory tests include the standard tube test, the Rivanol
test, the complement fixation test (CF), the particle concentration
fluorescence immunoassay (PCFIA), the semen plasma test, and the
standard plate test.
Dairy cattle. A bovine animal of a recognized dairy breed.
Designated epidemiologist. An epidemiologist selected by the State
animal health official and the Veterinarian in Charge to perform the
functions required. The regional epidemiologist and the APHIS
brucellosis staff must concur in the selection and appointment of the
designated epidemiologist.
Directly. Without unloading en route if moved in a means of
conveyance, or without stopping if moved in any other manner.

[[Page 258]]

Epidemiologist. A veterinarian who has received a master's degree in
epidemiology or completed a course of study in epidemiology sponsored by
the Animal and Plant Health Inspection Service, United States Department
of Agriculture.
Epidemiology. A branch of medical science that deals with the
incidence, distribution, and control of disease in the animal
population.
Farm of origin. (a) Premises where cattle or bison are born and
remain prior to movement from the premises but which are not used to
assemble cattle or bison from any other premises for 4 months before
such movement; or
(b) premises where cattle or bison remain for not less than 4 months
immediately before movement from the premises but which are not used to
assemble cattle or bison from any other premises for 4 months before
such movement.
Feral swine. Free-roaming swine. Formerly free-roaming swine could
qualify for reclassification as domestic swine upon testing negative to
an official swine brucellosis test after a period of at least 60 days'
confinement in isolation from other feral swine.
Finished fed cattle. Cattle fattened on a ration of feed
concentrates to reach a slaughter condition equivalent to that which
would be attained on full feed with a high concentrate grain ration for
90 days.
Herd. (a) All animals under common ownership or supervision that are
grouped on one or more parts of any single premises (lot, farm or
ranch); or
(b) All animals under common ownership or supervision on two or more
premises which are geographically separated but on which animals from
the different premises have been interchanged or had contact with each
other.
Herd blood test. (a) Cattle and bison. A blood test for brucellosis
conducted in a herd on all cattle or bison which are
(1) 6 months of age or over and not official vaccinates, except
steers and spayed heifers;
(2) Official calfhood vaccinates of any age which are parturient or
postparturient;
(3) Official calfhood vaccinates of beef breeds or bison with the
first pair of permanent incisors fully erupted (2 years of age or over);
and
(4) Official calfhood vaccinates of dairy breeds with partial
eruption of the first pair of permanent incisors (20 months of age or
over).
(b) [Reserved]
Herd known to be affected. Any herd in which any animal has been
classified as a brucellosis reactor and which has not been released from
quarantine.
Herd not known to be affected. Any herd in which no animal has been
classified as a brucellosis reactor or any herd in which one or more
animals have been classified as brucellosis reactors but which has been
released from quarantine.
Herd of origin of swine. Any herd in which swine are farrowed and
remain until movement or any herd in which swine remain for 30 days
immediately prior to movement.
Interstate. From any State into or through any other State.
Market cattle identification test cattle. Cows and bulls 2 years of
age or over which have been moved to recognized slaughtering
establishments, and test-eligible cattle which are subjected to an
official test for the purposes of movement at farms, ranches, auction
markets, stockyards, quarantined feedlots, or other assembly points.
Such cattle shall be identified by an official eartag and/or United
States Department of Agriculture backtag prior to or at the first
market, stockyard, quarantined feedlot, or slaughtering establishment
they reach.
Market swine test (MST) reactor. Market swine test swine with a
positive reaction to a swine brucellosis confirmatory test or other
official test, if no confirmatory test is performed.
Market swine test swine. Sows and boars which have been moved to
slaughtering establishments and sows and boars which are subjected to an
official test for the purposes of movement at farms, ranches, auction
markets, stockyards, or other assembly points.
Monitored-negative feral swine population. Feral swine indicating no
evidence of infection (indicators would include positive blood tests or
clinical signs, such as abortion) and originating

[[Page 259]]

from a specified, geographically isolated area (a forest area, hunting
preserve, or swamp, for example) may be classified by the designated
epidemiologist as a monitored-negative feral swine population.
Moved. Shipped, transported, delivered, or received for movement, or
otherwise aided, induced, or caused to be moved.
Moved (movement) in interstate commerce. Moved from the point of
origin of the interstate movement to the animals' final destination,
such as a slaughtering establishment or a farm for breeding or raising,
and including any temporary stops for any purpose along the way, such as
at a stockyard or dealer premises for feed, water, rest, or sale.
Official adult vaccinate. (a) Female cattle or female bison older
than the specified ages defined for official calfhood vaccinate and
vaccinated by an APHIS representative, State representative, or
accredited veterinarian with a reduced dose approved brucella vaccine,
diluted so as to contain at least 300 million and not more than 1
billion live cells per 2 mL dose of Brucella abortus Strain 19 vaccine
or at the dosage indicated on the label instructions for other approved
brucella vaccines, as part of a whole herd vaccination plan authorized
jointly by the State animal health official and the Veterinarian in
Charge; and
(b)(1) Permanently identified by a ``V'' hot brand high on the hip
near the tailhead at least 5 by 5 centimeters (2 by 2 inches) in size,
or by an official AV (adult vaccination) tattoo in the right ear
preceded by the quarter of the year and followed by the last digit of
the year; and
(2) Identified with an official eartag or individual animal
registered breed association registration brand or individual animal
registered breed association tattoo.
Official brand inspection certificate. A document issued by an
official brand inspection agency in any State which requires such
documents for movement of cattle.
Official brand recording agency. The duly constituted body
authorized by a State or governmental subdivision thereof to administer
laws, regulations, ordinances or rules pertaining to the brand
identification of cattle.
Official calfhood vaccinate. (a) Female cattle or female bison
vaccinated while from 4 through 12 months of age by an APHIS
representative, State representative, or accredited veterinarian with a
reduced dose approved brucella vaccine containing at least 2.7 billion
and not more than 10 billion live cells per 2 mL dose of Brucella
abortus Strain 19 vaccine or at the dosage indicated on the label
instructions for other approved brucella vaccines; and
(b) Permanently identified by a tattoo and by an official
vaccination eartag in the right ear. However, if already identified with
an official eartag prior to vaccination, an additional tag is not
required. The tattoo must include the U.S. Registered Shield and ``V,''
preceded by the quarter of the year and followed by the last digit of
the year of vaccination. Individual animal registered breed association
registration brands or individual animal registered breed association
registration tattoos may be substituted for official eartags.
Official eartag. An identification eartag approved by APHIS as being
tamper-resistant and providing unique identification for each animal. An
official eartag may conform to the alpha-numeric National Uniform
Eartagging System, or it may bear a valid premises identification number
that is used in conjunction with the producer's livestock production
numbering system to provide a unique identification number.
Official seal. A serially numbered, metal or plastic strip,
consisting of a self-locking device on one end and a slot on the other
end, which forms a loop when the ends are engaged and which cannot be
reused if opened, or a serially numbered, self-locking button which can
be used for this purpose.
Official swine tattoo. A tattoo, conforming to the six-character
alpha-numeric National Tattoo System, that provides a unique
identification for each herd or lot of swine.
Official test--(a) Classification of cattle and bison--(1) Standard
card test. (i) A test to determine the brucellosis disease status of
test-eligible cattle and

[[Page 260]]

bison when conducted according to instructions approved by APHIS and the
State in which the test is to be conducted and when conducted under the
following circumstances:
(A) When conditions and time are such that no other test is
available; or
(B) When the owner or the owner's agent requests it because of time
or situation constraints; or
(C) In specifically approved stockyards when the State animal health
official either:
(1) Designates the standard card test as the official test for
determining the brucellosis disease status of cattle and bison in all
specifically approved stockyards in the State. In these States, no other
official test except the Buffered Acidified Plate Antigen test shall be
used in specifically approved stockyards; or
(2) Designates the standard card test as the official test for
determining the brucellosis disease status of non-vaccinated cattle or
bison (the CITE[reg] test may be designated as a supplemental test for
non-vaccinated cattle or bison that test positive to the standard card
test); and designates the standard card test as the official test for
determining the brucellosis disease status of official vaccinates and
the CITE[reg] test, the standard plate test, or the Rivanol test as
supplemental tests for official vaccinates that test positive to the
standard card test. If supplemental tests are conducted, cattle or bison
that are positive to the standard card test shall be classified as
brucellosis suspects if all of the supplemental tests conducted disclose
a negative or suspect reaction, and shall be classified as brucellosis
reactors if any one of the supplemental tests conducted has a positive
reaction; or
(D) To test market cattle identification (MCI) program test samples.
Cattle and bison which test positive to the BAPA test or RST under the
MCI program must be retested using the standard card test or the
standard plate or tube agglutination test.
(ii) Results of the standard card test also may be used to
supplement the results of other official tests conducted in the
cooperative State-Federal laboratory to give the designated
epidemiologist additional information when classifying cattle and bison.
(iii) Standard card test results are interpreted as either negative
or positive. A moderate to marked clumping agglutination reaction is a
positive result. Test-eligible cattle and bison positive to the standard
card test are classified as brucellosis reactors. Test-eligible cattle
and bison negative to the standard card test are classified as
brucellosis negative.
(2) Standard tube test (STT) or standard plate test (SPT). A test to
determine the brucellosis disease status of test-eligible cattle and
bison when conducted according to instructions approved by APHIS and the
State in which the test is to be conducted. Cattle and bison are
classified according to the following agglutination reactions:

SPT OR STT Classification--Official Vaccinates Vaccinated With a Brucella Abortus Strain 19 Approved Brucella
Vaccine
----------------------------------------------------------------------------------------------------------------
Titer Classification
----------------------------------------------------------------------------------------------------------------
1:50 1:100 1:200
----------------------------------------------------------------------------------------------------------------
--................................... --..................... --..................... Negative.
I.................................... --..................... --..................... Do.
+.................................... --..................... --..................... Do.
+.................................... I...................... --..................... Suspect.
+.................................... +...................... --..................... Do.
+.................................... +...................... I...................... Do.
+.................................... +...................... +...................... Reactor.
----------------------------------------------------------------------------------------------------------------
-- No agglutination.
I Incomplete agglutination.
+ Complete agglutination.

Official Vaccinates Vaccinated With an Approved Brucella Vaccine Other Than a Brucella Abortus Strain 19
Approved Brucella Vaccine
----------------------------------------------------------------------------------------------------------------
Titer
---------------------------------------------------------------------------------------- Classification
1:50 1:100 1:200
----------------------------------------------------------------------------------------------------------------
--................................... --..................... --..................... Negative.
I.................................... --..................... --..................... Suspect.
+.................................... --..................... --..................... Do.
+.................................... I...................... --..................... Do.
+.................................... +...................... --..................... Reactor.
+.................................... +...................... I...................... Do.
+.................................... +...................... +...................... Do.
----------------------------------------------------------------------------------------------------------------
-- No agglutination.
I Incomplete agglutination.
+ Complete agglutination.

[[Page 261]]

All Cattle and Bison Which Are Not Official Vaccinates
----------------------------------------------------------------------------------------------------------------
Titer Classification
----------------------------------------------------------------------------------------------------------------
1:50 1:100 1:200
----------------------------------------------------------------------------------------------------------------
--................................... --..................... --..................... Negative.
I.................................... --..................... --..................... Suspect.
+.................................... --..................... --..................... Do.
+.................................... I...................... --..................... Do.
+.................................... +...................... --..................... Reactor.
+.................................... +...................... I...................... Do.
+.................................... +...................... +...................... Do.
----------------------------------------------------------------------------------------------------------------
-- No agglutination.
I Incomplete agglutination.
+ Complete agglutination.

(3) Manual complement-fixation (CF) test. A test to determine the
brucellosis disease status of test-eligible cattle and bison when
conducted according to instructions approved by APHIS and the State in
which the test is to be conducted. Cattle and bison are classified
according to the following reactions:
(i) Cattle and bison which are not official vaccinates:
(A) Fifty percent fixation (2 plus) in a dilution of 1:20 or higher-
-brucellosis reactor;
(B) Fifty percent fixation (2 plus) in a dilution of 1:10 but less
than 50 percent fixation (2 plus) in a dilution of 1:20--brucellosis
suspect;
(C) Less than 50 percent fixation (2 plus) in a dilution of 1:10--
brucellosis negative;
(ii) Official vaccinates vaccinated with a Brucella abortus Strain
19 approved brucella vaccine:
(A) Twenty-five percent fixation (1 plus) in a dilution of 1:40 or
higher--brucellosis reactor;
(B) Fifty percent fixation (2 plus) in a dilution of 1:10 but less
than 25 percent fixation (1 plus) in a dilution of 1:40--brucellosis
suspect;
(C) Less than 50 percent fixation (2 plus) in a dilution of 1:10--
brucellosis negative.
(iii) Official vaccinates vaccinated with an approved brucella
vaccine other than a Brucella abortus Strain 19 approved brucella
vaccine:
(A) Fifty percent fixation (2 plus) in a dilution of 1:20 or higher-
-brucellosis reactor;
(B) Fifty percent fixation (2 plus) in a dilution of 1:10 but less
than 50 percent fixation (2 plus) in a dilution of 1:20--brucellosis
suspect;
(C) Less than 50 percent fixation (2 plus) in a dilution of 1:10--
brucellosis negative.
(4) Technicon automated complement-fixation test. A test to
determine the brucellosis disease status of test-eligible cattle and
bison when conducted according to instructions approved by APHIS and the
State in which the test is to be conducted. Cattle and bison are
classified according to the following reactions:
(i) Cattle and bison which are not official vaccinates:
(A) Fixation in a dilution of 1:10 or higher--brucellosis reactor;
(B) Fixation in a dilution of 1:5 but no fixation in a dilution of
1:10--brucellosis suspect;
(C) No fixation in a dilution of 1:5 or lower--brucellosis negative;
(ii) Official vaccinates vaccinated with a Brucella abortus Strain
19 approved brucella vaccine:
(A) Fixation in a dilution of 1:20 or higher--brucellosis reactor;
(B) Fixation in a dilution of 1:10 but no fixation in a dilution of
1:20--brucellosis suspect;
(C) Fixation in a dilution of 1:5 or less but no fixation in a
dilution of 1:10--brucellosis negative.
(iii) Official vaccinates vaccinated with an approved brucella
vaccine other than a Brucella abortus Strain 19 approved brucella
vaccine:
(A) Fixation in a dilution of 1:10 or higher--brucellosis reactor;
(B) Fixation in a dilution of 1:5 but no fixation in a dilution of
1:10-- brucellosis suspect;
(C) No fixation in a dilution of 1:5 or lower--brucellosis negative.
(5) Rivanol test. A test to determine the brucellosis disease status
of test-eligible cattle and bison when conducted according to
instructions approved by APHIS and the State in which the test is to be
conducted. Cattle and bison are classified according to the following
agglutination reactions:
(i) Cattle and bison which are not official vaccinates:
(A) Complete agglutination at a titer of 1:25 or higher--brucellosis
reactor;
(B) Less than complete agglutination at a titer of 1:25--brucellosis
negative;
(ii) Official adult vaccinates more than 5 months after vaccination
with a

[[Page 262]]

Brucella abortus Strain 19 approved brucella vaccine and official
calfhood vaccinates vaccinated with a Brucella abortus Strain 19
approved brucella vaccine:
(A) Incomplete agglutination at a titer of 1:100 or higher--
brucellosis reactor;
(B) Complete agglutination at a titer of 1:25 or higher when the
manual or technicon automated complement-fixation test is not conducted-
-brucellosis reactor;
(C) Complete agglutination at a titer of 1:50 or less when the
manual complement-fixation test or the technicon automated complement-
fixation test is conducted and results in a classification of
brucellosis suspect or brucellosis negative--brucellosis suspect;
(D) Less than complete agglutination at a titer of 1:25--brucellosis
negative;
(iii) Official adult vaccinates less than 5 months after vaccination
with a Brucella abortus Strain 19 approved brucella vaccine: Less than
complete agglutination at the 1:50 titer--brucellosis negative.
(iv) Official vaccinates vaccinated with an approved brucella
vaccine other than a Brucella abortus Strain 19 approved brucella
vaccine:
(A) Complete agglutination at a titer of 1:25 or higher--brucellosis
reactor;
(B) Less than complete agglutination at a titer of 1:25--brucellosis
negative.
(6) Semen plasma test. A test to determine the brucellosis disease
status of bulls used for artificial insemination when conducted in
conjunction with an official serological test and according to
instructions approved by APHIS and the State in which the test is to be
conducted. The classification of such bulls shall be based on the
maximum agglutination titer of either the official serological test or
the semen plasma test.
(7) Buffered acidified plate antigen (BAPA) test. A test to
determine the brucellosis disease status of test-eligible cattle and
bison at recognized slaughtering establishments and specifically
approved stockyards when conducted according to instructions approved by
APHIS and the State in which the test is to be conducted. BAPA test
results are interpreted as either negative or positive. Cattle and bison
negative to the BAPA test are classified as brucellosis negative. Cattle
and bison positive to the BAPA test shall be subjected to other official
tests to determine their brucellosis classification.
(8) Rapid screening test (RST). A test to determine the brucellosis
disease status of test-eligible cattle and bison in cooperative State-
Federal laboratories when conducted according to instructions approved
by APHIS and the State in which the test is to be conducted. RST results
are interpreted as either negative or positive. Cattle and bison
negative to the RST are classified as brucellosis negative. Cattle and
bison positive to the RST shall be subjected to other official tests to
determine their brucellosis classification.
(9) Concentration immunoassay technology (CITE[reg]) test. An enzyme
immunoassay that may be used as a diagnostic supplement to the standard
card test by designated epidemiologists determining the brucellosis
disease status of cattle and bison. The test must be done in accordance
with the CITE[reg] Brucella abortus Antibody Test Kit instructions,
licensed by the United States Department of Agriculture and approved as
of December 31, 1987, and incorporated by reference. This incorporation
by reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
obtained from AgriTech Systems, Inc., 100 Fore Street, Portland, ME
04101. Copies may be inspected at the Animal and Plant Health Inspection
Service, Veterinary Services, Operational Support, 4700 River Road Unit
33, Riverdale, Maryland 20737-1231, or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
(10) Particle concentration fluorescence immunoassay (PCFIA) test.
An automated serologic test to determine the brucellosis disease status
of test-eligible cattle and bison when conducted according to
instructions approved by APHIS. Cattle and bison are classified
according to the following ratio between the test sample and a known
negative sample (S/N ratio):

[[Page 263]]

------------------------------------------------------------------------
S/N ratio Classification
------------------------------------------------------------------------
Greater than .60....................... Negative.
Greater than .30 but less than or equal Suspect.
to .60.
.30 or less............................ Positive.
------------------------------------------------------------------------

(11) D-Tec[reg] Brucella A test. An automated serologic test to
determine the brucellosis disease status of test-eligible cattle and
bison when conducted according to instructions approved by APHIS. The
degree of reactivity is measured by the ratio of the average optical
density of the sample to that of the Negative Control (S/N) and is
expressed as Percent Inhibition (1-S/N) x 100. The brucellosis disease
status of the animals is classified according to the following
established criteria:

------------------------------------------------------------------------
Percent inhibition Classification
------------------------------------------------------------------------
Less than or equal to 40 percent........ Negative.
Greater than 40 percent and less than or Suspect.
equal to 70 percent.
Greater than 70 percent................. Reactor.
------------------------------------------------------------------------

(12) Rapid Automated Presumptive (RAP) test. An automated serologic
test to detect the presence of Brucella antibodies in test-eligible
cattle and bison. RAP test results are interpreted as either positive or
negative; the results are interpreted and reported by a scanning
autoreader that measures alterations in light transmission through each
test well and the degree of agglutination present. Cattle and bison
negative to the RAP test are classified as brucellosis negative; cattle
and bison positive to the RAP test shall be subjected to other official
tests to determine their brucellosis disease classification.
(13) The evaluation of test results for all cattle and bison shall
be the responsibility of a designated epidemiologist in each State. The
designated epidemiologist shall consider the animal and herd history and
other epidemiologic factors when determining the brucellosis
classification of cattle and bison. Deviations from the brucellosis
classification criteria as provided in this definition of official test
are acceptable when made by the designated epidemiologist.
(i) The designated epidemiologist may consider the results of
CITE^[reg] tests when evaluating the results of standard card
tests of cattle and bison.
(b) Classification of swine--(1) Standard card test. A test to
determine the brucellosis disease status of swine. Standard card test
results are interpreted as either negative or positive. A moderate to
marked clumping agglutination reaction is a positive result. Swine
negative to the standard card test are classified as brucellosis
negative. Swine positive to the standard card test in a herd not known
to be affected but negative to any other official test or
bacteriological culture for brucella are classified as brucellosis
suspects. Other swine positive to the standard card test are classified
as brucellosis reactors.
(2) Standard tube test. A test to determine the brucellosis disease
status of swine.
(i) If all of the following apply: (A) The swine are part of a herd
not known to be affected; (B) No swine tested, individually or as part
of a group, has a complete agglutination reaction at a dilution of 1:100
or higher; and (C) the swine are tested as part of a herd blood test or
are part of a validated brucellosis-free herd, then the swine are
classified according to the following agglutination reactions:

----------------------------------------------------------------------------------------------------------------
Titer Classification
----------------------------------------------------------------------------------------------------------------
1:25 1:50 1:100
----------------------------------------------------------------------------------------------------------------
I.................................... ]--.................... --..................... Negative.
+.................................... --..................... --..................... Do.
+.................................... I...................... --..................... Do.
+.................................... +...................... --..................... Do.
+.................................... +...................... I...................... Do.
----------------------------------------------------------------------------------------------------------------
-- No agglutination.
I Incomplete agglutination.
+ Complete agglutination.

(ii) If any of the following apply: (A) The swine are part of a herd
known to be affected; (B) Any swine tested, individually or as part of a
group, has a complete agglutination reaction at a dilution of 1:100 or
higher or; (C) The swine are not part of a validated brucellosis-free
herd and are not being tested as part of a herd blood test, then the
swine are classified according to the following agglutination reactions:

----------------------------------------------------------------------------------------------------------------
Titer Classification
----------------------------------------------------------------------------------------------------------------
1:25 1:50 1:100
----------------------------------------------------------------------------------------------------------------
I.................................... --..................... --..................... Negative.
+.................................... --..................... --..................... Reactor.
+.................................... I...................... --..................... Do.
+.................................... +...................... --..................... Do.

[[Page 264]]

+.................................... +...................... I...................... Do.
+.................................... +...................... +...................... Do.
----------------------------------------------------------------------------------------------------------------
-- No agglutination.
I Incomplete agglutination.
+ Complete agglutination.

(3) Particle concentration fluoresence immunoassay (PCFIA). An
automated serologic test to determine the brucellosis disease status of
test-eligible swine when conducted according to instructions approved by
the Animal and Plant Health Inspection Service. Swine are classified
according to the following ratios between the test sample and a known
negative sample (S/N ratio):

------------------------------------------------------------------------
S/N Ratio Classification
------------------------------------------------------------------------
0.71 or greater........................... Negative.
0.51 to 0.70.............................. Suspect.
0.50 or less.............................. Reactor.
------------------------------------------------------------------------

(4) Rapid Automated Presumptive (RAP) test. An automated serologic
test to detect the presence of Brucella antibodies in test-eligible
swine. RAP test results are interpreted as either positive or negative;
the results are interpreted and reported by a scanning autoreader that
measures agglutination based on alterations in light transmission
through each test well. Swine negative to the RAP test are classified as
brucellosis negative; swine positive to the RAP test shall be subjected
to other official tests to determine their brucellosis disease
classification.
Official vaccinate. An official calfhood vaccinate or an official
adult vaccinate. The accredited veterinarian, State representative or
APHIS representative who performs the vaccination must forward a
completed official vaccination certificate for each animal vaccinated to
the State animal health official of the State in which the animal was
vaccinated.
Official vaccination eartag. An APHIS approved identification eartag
conforming to the alpha-numeric National Uniform Eartagging System which
provides unique identification for each animal. The eartag shall have a
``V'' followed by 2 letters and 4 numbers. States which require more
official vaccination eartags than the number of combinations available
in the ``V'' series of tags shall use a ``T'' or ``S'' followed by 2
letters and 4 numbers. Duplicate reissue of official vaccination eartags
shall not be made more often than once each 15 years.
Originate. (a) Animals will have the status of the herd from which
they are moved if:
(1) They were born and maintained in the herd since birth; or
(2) They have been in the herd for at least 120 days.
(b) Animals will have the status of the State or area from which
they are moved if:
(1) They were born and maintained in the State or area since birth;
or
(2) They were previously moved from a State or area of equal or
higher class to the State or area; or
(3) They were previously moved from a State or area of lower class
to the State or area where they are now located and have been in the new
State or area for at least 120 days.
(c) Cattle penned in a specifically approved stockyard with cattle
from a lower class State or area, in violation of the requirements set
forth in Sec. 71.20 of this chapter, shall have the status of the State
or area of lower class for any subsequent movement.
Parturient. Visibly prepared to give birth or within 2 weeks of
giving birth (springers).
Permit. An official document (VS Form 1-27 or a State form which
contains the same information but not a ``permit for entry'' or `` `S'
brand permit'') issued by an APHIS representative, State representative,
or accredited veterinarian which lists the owner's name and address,
points of origin and destination, number of animals covered, purpose of
the movement, any reactor tag number, and one of the following: The
official eartag number, individual animal registered breed association
registration tattoo, individual animal registered breed association
registration brand, United States Department of Agriculture backtag
(when applied serially, only the beginning and the ending numbers need
be recorded), individual animal registered breed association
registration number, or similar individual identification. (A new permit
is required for each change in

[[Page 265]]

destination. However, permits accompanying cattle or bison to an
approved intermediate handling facility may list either the approved
intermediate handling facility, a quarantined feedlot or a recognized
slaughtering establishment as the point of destination. If the permit
lists a quarantined feedlot or a recognized slaughtering establishment
as the point of destination, then the permit must list the approved
intermediate handling facility as a temporary stopping point, and no
additional permit is required for the subsequent movement of the cattle
or bison to the quarantined feedlot or to the recognized slaughtering
establishment.)
Permit for entry. A premovement authorization for entry of cattle
into a State from the State animal health official of the State of
destination. It may be oral or written.
Person. Any individual, corporation, company, association, firm,
partnership, society, or joint stock company or other legal entity.
Postparturient. Having given birth.
Purebred registry association. A swine breed association formed and
perpetuated for the maintenance of records of purebreeding of swine
species for a specific breed whose characteristics are set forth in
Constitutions, By-Laws, and other rules of the association.
Qualified herd--(a) Qualification. (1) Any herd of cattle or bison
which is in a quarantined area, not known to be affected, and negative
to two consecutive herd blood tests. The first of these two herd blood
tests shall be conducted not more than 240 days nor less than 120 days
prior to the date of classification as a qualified herd. The second herd
blood test may not be conducted less than 90 days nor more than 150 days
after the first test. Additionally, the second herd blood test must be
within 120 days of the date of classification as a qualified herd; or
(2) Any certified brucellosis-free herd in a quarantined area which
is negative to a herd blood test 120 days before or after designation of
the area as a quarantined area.
(b) Requalification. In order to remain a qualified herd, a herd
must be negative to successive requalifying herd blood tests. Each
requalifying test shall be conducted not more than 120 days from the
date of the preceding herd blood test. All cattle or bison added to a
qualified herd must be included in two successive herd blood tests of
the qualified herd to qualify as cattle or bison from the qualified
herd.
Quarantined area. An area that does not meet the criteria for
classification as Class Free, Class A, Class B, or Class C.
Quarantined feedlot.\1\ A confined area under State quarantine
approved jointly by the State animal health official and the
Veterinarian in Charge. Approval will be granted only after a State
representative or APHIS representative inspects the confined area and
determines that all cattle and bison are secure and isolated from
contact with all other cattle and bison, that there are facilities for
identifying cattle and bison, and that there is no possibility of
brucellosis being mechanically transmitted from the confined area. The
quarantined feedlot shall be maintained for feeding cattle and bison for
slaughter, with no provisions for pasturing or grazing. All cattle and
bison in a quarantined feedlot, except steers and spayed heifers, shall
be treated as brucellosis exposed.
---------------------------------------------------------------------------

\1\ A list of quarantined feedlots in any State may be obtained from
the State animal health official, a State representative, or an APHIS
representative.
---------------------------------------------------------------------------

(a) All cattle and bison, except steers and spayed heifers, leaving
the quarantined feedlot must (1) Be accompanied by a permit and move
directly to a recognized slaughtering establishment; or (2) Be ``S''
branded and accompanied by an ``S'' brand permit and move directly to an
approved intermediate handling facility and then directly to another
quarantined feedlot or a recognized slaughtering establishment; or (3)
Be accompanied by a permit issued by the State animal health official
and move directly to another quarantined feedlot; or (4) After being
``S'' branded at the quarantined feedlot, be accompanied by an ``S''
brand permit and move directly to a specifically approved stockyard
approved to receive brucellosis exposed cattle and bison and then
directly to a recognized slaughtering establishment or another

[[Page 266]]

quarantined feedlot; or (5) After being ``S'' branded at the quarantined
feedlot, be accompanied by an ``S'' brand permit and move directly to a
specifically approved stockyard approved to receive brucellosis exposed
cattle and bison and then directly to an approved intermediate handling
facility and then directly to another quarantined feedlot or a
recognized slaughtering establishment. However, finished fed cattle
moving directly to a recognized slaughtering establishment are exempt
from the permit/''S'' brand permit requirement.
(b) The State animal health official and the Veterinarian in Charge
shall establish procedures for accounting for all cattle and bison
entering or leaving quarantined feedlots.
Quarantined pasture. A confined grazing area under State quarantine
approved by the State animal health official, Veterinarian in Charge and
the Administrator. A justification of the need for the quarantined
pasture must be prepared by the State animal health official and/or
Veterinarian in Charge and submitted to the Administrator. An
intensified brucellosis eradication effort which produces large numbers
of brucellosis exposed cattle or bison or official adult vaccinates
needing the grazing period to reach slaughter condition would be an
acceptable justification. Approval will be granted only after a State
representative or APHIS representative inspects the confined grazing
area and determines that all cattle and bison are secure and isolated
from contact with all other cattle and bison, that there are facilities
for identifying the cattle and bison, and that there is no possibility
of brucellosis being mechanically transmitted from the confined grazing
area. The quarantined pasture shall be for utilizing available forage
for growth or to improve flesh condition of cattle or bison. No cattle
or bison may be moved interstate into these quarantined pastures, which
shall be restricted for use by cattle or bison originating within the
State. All cattle or bison shall be of the same sex, except that
neutered cattle and bison may share the quarantined pasture. All cattle
and bison, except steers and spayed heifers, must be ``S'' branded upon
entering the quarantined pasture. All cattle and bison, except steers
and spayed heifers, leaving the quarantined pasture must move directly
to a recognized slaughtering establishment or quarantined feedlot, or
directly to an approved intermediate handling facility and then directly
to a recognized slaughtering establishment, or directly to an approved
intermediate handling facility and then directly to a quarantined
feedlot and then directly to a recognized slaughtering establishment.
The movement shall be in accordance with established procedures for
handling brucellosis exposed cattle and bison, including issuance of
``S'' brand permits prior to movement. The State animal health official
and Veterinarian in Charge shall establish procedures for accounting for
all cattle and bison entering and leaving the quarantined pasture. All
brucellosis exposed cattle and bison must vacate the premises on or
before the expiration of approval, which may not last longer than 10
months.
Recognized slaughtering establishment.\2\ Any slaughtering
establishment operating under the provisions of the Federal Meat
Inspection Act (21 U.S.C. 601 et seq.) or a State meat inspection act.
---------------------------------------------------------------------------

\2\ A list of recognized slaughtering establishments in any State
may be obtained from an APHIS representative, the State animal health
official, or a State representative.
---------------------------------------------------------------------------

Rodeo bulls. Male cattle kept solely for performance at rodeos.
``S'' branded. Branding with a hot iron the letter ``S'' high on the
left hip near the tailhead and at least 5 by 5 centimeters (2 by 2
inches) in size.
``S'' brand permit. A document prepared at the point of origin which
lists the points of origin and destination, the number of animals
covered, the purpose of movement, and one of the following: The official
eartag number, individual animal registered breed association
registration tattoo, individual animal registered breed association
registration brand, individual animal registered breed association
registration number, United States Department of Agriculture backtag
(when applied serially, only the beginning and the ending numbers need
be recorded), or similar individual identification. If

[[Page 267]]

the document is prepared at a quarantined feedlot, it shall be prepared
by an accredited veterinarian, a State representative, or an individual
designated for that purpose by the State animal health official. If the
document is prepared at any other point of origin, it shall be prepared
by an accredited veterinarian, State representative, or APHIS
representative. (A new ``S'' brand permit is required for each change in
destination. However, ``S'' brand permits accompanying cattle or bison
to approved intermediate handling facilities may list either the
approved intermediate handling facility, a quarantined feedlot, or a
recognized slaughtering establishment as the point of destination. If
the ``S'' brand permit lists a quarantined feedlot or a recognized
slaughtering establishment as the point of destination, the ``S'' brand
permit must list the approved intermediate handling facility as a
temporary stopping point, and no additional ``S'' brand permit is
required for the subsequent movement of the cattle or bison from the
approved intermediate handling facility to the quarantined feedlot or to
the recognized slaughtering establishment. Subsequent movements from the
quarantined feedlot shall be subject to requirements set forth in the
definition of ``quarantined feedlot'' in this section.)
Sow. A female swine which is parturient or postparturient.
Specifically approved stockyard.\3\ Premises where cattle or bison
are assembled for sale or sale purposes and which meet the standards set
forth in Sec. 71.20 of this chapter and are approved by the
Administrator.
---------------------------------------------------------------------------

\3\ Notices containing lists of specifically approved stockyards are
published in the Federal Register. Lists of specifically approved
stockyards also may be obtained from the State animal health official,
State representatives, or APHIS representatives.
---------------------------------------------------------------------------

State. Any State, the District of Columbia, Puerto Rico, the Virgin
Islands of the United States, Guam, the Northern Mariana Islands or any
other territory or possession of the United States.
State animal health official. The State official responsible for
livestock and poultry disease control and eradication programs.
State representative. An individual employed in animal health work
by a State or a political subdivision thereof and authorized by such
State or political subdivision to perform the function involved under a
memorandum of understanding with the United States Department of
Agriculture.
Successfully closed case. Follow up of an MCI reactor traceback with
an epidemiologic investigation which results in brucellosis testing or
quarantine of the herd of origin, or a determination by a designated
brucellosis epidemiologist that justification exists for not testing or
quarantining the herd of origin.
Swine brucellosis. The communicable disease of swine caused by
Brucella suis (B. suis) biovar 1 or 3.
Test-eligible cattle and bison. For purposes of interstate movement,
test-eligible cattle and bison are:
(a) Cattle and bison which are not official vaccinates and which
have lost their first pair of temporary incisors (18 months of age or
over), except steers and spayed heifers;
(b) Official calfhood vaccinates 18 months of age or over which are
parturient or postparturient;
(c) Official calfhood vaccinates of beef breeds or bison with the
first pair of permanent incisors fully erupted (2 years of age or over);
and
(d) Official calfhood vaccinates of dairy breeds with partial
eruption of the first pair of permanent incisors (20 months of age or
over).
United States Department of Agriculture backtag. A backtag issued by
APHIS that conforms to the eight-character alpha-numeric National
Backtagging System, and that provides unique identification for each
animal.
Validated brucellosis-free herd. (a) A swine herd not known to be
infected with swine brucellosis, located in a validated brucellosis-free
State; or
(b) A swine herd in a State that has not been validated as
brucellosis-free, provided the herd meets the conditions for validation,
as follows:
(1) Validation. A swine herd may be validated as brucellosis-free if
it has been found brucellosis negative after either a complete-herd test
(CHT) or an incremental CHT. The incremental CHT may be conducted by
testing all

[[Page 268]]

breeding swine 6 months of age or older with negative results within 365
days, either in four 25-percent increments, with those tests being
conducted on the 90th, 180th, 270th, and 360th days of the testing
cycle, or in 10-percent increments every 25-35 days until 100 percent of
those swine have been tested. In cases where unforseen circumstances
warrant such action, the Administrator may approve an extension of up to
15 days of the date on which a test under the 25-percent incremental
herd test is to be conducted, thus allowing a test to be conducted no
later than the 105th, 195th, 285th, or 375th day of the testing cycle.
No swine may be tested twice during the testing cycle to comply with
either the 25 percent requirement or the 10 percent requirement. No
further testing is required once 100 percent of the breeding swine have
been tested. After all breeding swine have tested brucellosis negative,
a herd may be validated as brucellosis-free. Unless the Administrator
has approved an alternative testing schedule, which might extend the
testing cycle, a herd retains validated brucellosis-free status for a
maximum of 365 days.
(2) Maintaining validation. Validation may be continuously
maintained if a complete herd test (CHT) is performed once every 365
days, with negative results, or an incremental CHT is performed. The
incremental CHT may be conducted by testing all breeding swine 6 months
of age or older, with negative results, within 365 days in either four
25-percent increments, with those tests being conducted on the 90th,
180th, 270th, and 360th days of the testing cycle, or in 10-percent
increments every 25-35 days until 100 percent of those swine have been
tested. In cases where unforeseen circumstances warrant such action, the
Administrator may approve an alternative testing schedule under which
the 25 percent or 10 percent incremental CHT would be completed, with
negative results, within 420 days, during which time the herd's
validated brucellosis-free status would be continued. No swine may be
tested twice during the testing cycle to comply with these requirements.
No further testing is required once 100 percent of the breeding swine
have been tested.
Validated brucellosis-free State. A State may apply for validated-
free status when:
(a) Any herd found to have swine brucellosis during the 2-year
qualification period preceding the application has been depopulated.
More than one finding of a swine brucellosis-infected herd during the
qualification period disqualifies the State from validation as
brucellosis-free; and
(b) During the 2-year qualification period, the State has completed
surveillance, annually, as follows:
(1) Complete herd testing. Subjecting all swine in the State that
are 6 months of age or older and maintained for breeding purposes to an
official swine brucellosis test; or
(2) Market swine testing. Subjecting 20 percent of the State's swine
6 months of age or older and maintained for breeding purposes to an
official swine brucellosis test, and demonstrating successful traceback
of at least 80 percent of market swine test (MST) reactors to the herd
of origin. Blood samples may be collected from MST swine if the swine
can be identified to their herd of origin, in accordance with
Sec. 71.19(b) of this subchapter. All MST reactor herds are subject to a
CHT within 30 days of the MST laboratory report date, as determined by a
designated epidemiologist; or
(3) Statistical analysis. Demonstrating, by a statistical analysis
of all official swine brucellosis test results (including herd
validation, MST, change-of-ownership, diagnostic) during the 2-year
qualification period, a surveillance level equivalent or superior to CHT
and MST testing programs discussed in this paragraph.
(c) To maintain validation, a State must annually survey at least 5
percent of its breeding swine, and demonstrate traceback to herd of
origin of at least 80 percent of all MST reactors. A State must
demonstrate its continuing ability to meet the criteria set forth in
paragraph (c) of this definition within 36-40 months of receiving
validated brucellosis-free State status to retain that status.
Veterinarian in Charge. The veterinary official of the Animal and
Plant Health Inspection Service, United States Department of
Agriculture, who

[[Page 269]]

is assigned by the Administrator to supervise and perform the official
animal health work of the Animal and Plant Health Inspection Service in
the State concerned.
Whole herd vaccination. The vaccination of all female cattle and
female bison 4 months of age or over in a herd when authorized by the
State animal health official and the Veterinarian in Charge, and
conducted in accordance with the definitions of official adult vaccinate
and official calfhood vaccinate.

(Approved by the Office of Management and Budget under control number
0579-0047)

[51 FR 32580, Sept. 12, 1986]

Editorial Note: For Federal Register citations affecting Sec. 78.1,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and on GPO Access.