[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: 9CFR78.8]

[Page 270-272]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 78--BRUCELLOSIS--Table of Contents
 
  Subpart B--Restrictions on Interstate Movement of Cattle Because of 
                               Brucellosis
 
Sec. 78.8  Brucellosis exposed cattle.

    Brucellosis exposed cattle may be moved interstate only as follows:
    (a) Movement to recognized slaughtering establishments. (1) Finished 
fed cattle from a quarantined feedlot may be moved interstate
    (i) Directly to a recognized slaughtering establishment without 
further restriction under this part; or
    (ii) Directly to an approved intermediate handling facility and then 
directly to a recognized slaughtering establishment if accompanied by a 
permit or ``S'' brand permit.
    (2) Brucellosis exposed cattle may be moved interstate directly to a 
recognized slaughtering establishment if such cattle are:
    (i) Individually identified by an official eartag or a United States 
Department of Agriculture backtag;
    (ii) Accompanied by a permit or ``S'' brand permit; and
    (iii)(A) ``S'' branded before leaving the premises from which they 
are to be moved interstate; or
    (B) ``B'' branded when a claim for indemnity is made under part 51 
of this chapter; or
    (C) Official adult vaccinates; or
    (D) Accompanied directly to slaughter by an APHIS or State 
representative; or
    (E) Moved in vehicles closed with official seals applied and removed 
by an APHIS representative, State representative, accredited 
veterinarian, or an individual authorized for this purpose by an APHIS 
representative.

The official seal numbers must be recorded on the accompanying permit or 
``S'' brand permit.
    (3) Brucellosis exposed cattle may be moved interstate directly to 
an approved intermediate handling facility and then directly to a 
recognized slaughtering establishment if such cattle are:
    (i) Individually identified by an official eartag or a United States 
Department of Agriculture backtag;
    (ii) Accompanied by a permit or ``S'' brand permit; and
    (iii)(A) ``S'' branded before leaving the premises from which they 
are to be moved interstate; or
    (B) ``B'' branded when a claim for indemnity is made under part 51 
of this chapter; or
    (C) Official adult vaccinates; or
    (D) Moved in vehicles closed with official seals applied and removed 
by an APHIS representative, State representative, accredited 
veterinarian, or an individual authorized for this purpose by an APHIS 
representative. The official seal numbers must be recorded on the 
accompanying permit or ``S'' brand permit.
    (4) Brucellosis exposed cattle moving to slaughter from a farm of 
origin may be moved directly to a specifically approved stockyard 
approved to receive

[[Page 271]]

brucellosis exposed cattle and then directly to a recognized 
slaughtering establishment if such cattle are:
    (i) Individually identified by an official eartag or United States 
Department of Agriculture backtag;
    (ii) Accompanied by a permit or ``S'' brand permit; and
    (iii)(A) ``S'' branded before leaving the premises from which they 
are to be moved interstate; or
    (B) ``B'' branded when a claim for indemnity is made under part 51 
of this chapter; or
    (C) Official adult vaccinates; or
    (D) Moved in vehicles closed with official seals applied and removed 
by an APHIS representative, State representative, accredited 
veterinarian, or an individual authorized for this purpose by an APHIS 
representative.

The official seal numbers must be recorded on the accompanying permit or 
``S'' brand permit.
    (5) Brucellosis exposed cattle moving to slaughter from a farm of 
origin may be moved directly to a specifically approved stockyard 
approved to receive brucellosis exposed cattle and then directly to an 
approved intermediate handling facility and then directly to a 
recognized slaughtering establishment if such cattle are:
    (i) Individually identified by an official eartag or United States 
Department of Agriculture backtag;
    (ii) Accompanied by a permit or ``S'' brand permit; and
    (iii)(A) ``S'' branded before leaving the premises from which they 
are to be moved interstate; or
    (B) ``B'' branded when a claim for indemnity is made under part 51 
of this chapter; or
    (C) Official adult vaccinates; or
    (D) Moved in vehicles closed with official seals applied and removed 
by an APHIS representative, State representative, accredited 
veterinarian, or an individual authorized for this purpose by an APHIS 
representative. The official seal numbers must be recorded on the 
accompanying permit or ``S'' brand permit.
    (b) Movement to quarantined feedlots. Brucellosis exposed cattle for 
which no claim for indemnity is being made by the owner under part 51 of 
this chapter may be moved interstate directly to a quarantined feedlot, 
or from a farm of origin directly to a specifically approved stockyard 
approved to receive brucellosis exposed cattle and then directly to a 
quarantined feedlot, or from a farm of origin directly to an approved 
intermediate handling facility and then directly to a quarantined 
feedlot, or from a farm of origin directly to a specifically approved 
stockyard approved to receive brucellosis exposed cattle and then 
directly to an approved intermediate handling facility and then directly 
to a quarantined feedlot, if the cattle are:
    (1) Individually identified by an official eartag or a United States 
Department of Agriculture backtag;
    (2) Accompanied by a permit or ``S'' brand permit; and
    (3)(i) ``S'' branded before leaving the premises from which they are 
to be moved interstate; or
    (ii) Official adult vaccinates; or
    (iii) Moved in vehicles closed with official seals applied and 
removed by an APHIS representative, State representative, accredited 
veterinarian, or an individual authorized for this purpose by an APHIS 
representative. The official seal numbers must be recorded on the 
accompanying permit or ``S'' brand permit.
    (c) Movement other than in accordance with paragraphs (a) and (b) of 
this section. Brucellosis exposed cattle for which no claim for 
indemnity is being made by the owner under part 51 of this chapter also 
may be moved interstate in accordance with Sec. 78.10 and as follows:
    (1) Such brucellosis exposed cattle from herds known to be affected 
other than female cattle which originate in Class B States or areas or 
Class C States or areas may be moved interstate if the cattle are:
    (i) Under 6 months of age and weaned from brucellosis reactors or 
brucellosis exposed cows not less than 30 days immediately preceding 
interstate movement; or
    (ii) Under 6 months of age and nursing brucellosis exposed cows in a 
herd subjected to a herd blood test within 10 days prior to interstate 
movement; or
    (iii) Official vaccinates under 1 year of age from a herd following 
an approved individual herd plan.

[[Page 272]]

    (2) Cattle moved interstate from a farm of origin directly to a 
specifically approved stockyard in accordance with Sec. 78.9(b)(3)(iii), 
78.9(c)(3)(iii), or 78.9(d)(3) of this part and subsequently determined 
to be brucellosis exposed may be moved interstate directly back to the 
farm of origin under the following conditions:
    (i) Prior to interstate movement, State representatives of the State 
in which the cattle are located and the State of destination advise 
APHIS that such movement would not be contrary to the laws and 
regulations of their respective States;
    (ii) Prior to interstate movement, the State representative of the 
State of destination agrees to quarantine the cattle on arrival and to 
require that all test-eligible cattle on the farm of origin be subjected 
to an official test; and
    (iii) The cattle are accompanied to the farm of origin by a permit.

(Approved by the Office of Management and Budget under control number 
0579-0051)

[51 FR 32580, Sept. 12, 1986, as amended at 54 FR 1925, Jan. 18, 1989; 
56 FR 54533, 54534, Oct. 22, 1991; 56 FR 65782, Dec. 18, 1991; 59 FR 
67133, Dec. 29, 1994; 60 FR 48367, Sept. 19, 1995]