[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: 9CFR85.1]

[Page 331-339]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 85--PSEUDORABIES--Table of Contents
 
Sec. 85.1  Definitions.

    For purposes of this part, the following terms mean:
    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

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Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Sevice. The Animal and Plant 
Health Inspection Service of the United States Department of Agriculture 
(APHIS or Service).
    Approved differential pseudorabies test. Any test for the diagnosis 
of pseudorabies that: (a) Can distinguish vaccinated swine from infected 
swine; (b) Is produced under license from the Secretary of Agriculture 
under the Virus-Serum-Toxin Act of March 4, 1913, and subsequent 
amendments (21 U.S.C. 151 et seq.) with indications for use in the 
Cooperative State-Federal Pseudorabies Eradication Program; and (c) Is 
conducted in a laboratory approved by the Administrator.\1\
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    \1\ The names and addresses of laboratories approved by the 
Administrator to conduct approved differential pseudorabies tests are 
published in the Notices Section of the Federal Register. A list of 
approved laboratories is also available upon request from the Animal and 
Plant Health Inspection Service, Veterinary Services, Operational 
Support, 4700 River Road Unit 33, Riverdale, Maryland 20737-1231. State, 
Federal, and university laboratories will be approved by the 
Administrator when he or she determines that the laboratory: (a) Employs 
personnel trained at the National Veterinary Services Laboratories 
assigned to supervise the testing; (b) follows standard test protocols; 
(c) meets check test proficiency requirements; and (d) will report all 
test results to State and Federal animal health officials. Before the 
Administrator may withdraw approval of any laboratory for failure to 
meet any of these conditions, the Administrator must give written notice 
of the proposed withdrawal to the director of the laboratory, and must 
give the director an opportunity to respond. If there are conflicts as 
to any material fact, a hearing will be held to resolve the conflict.
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    Approved livestock market. A stockyard, livestock market, buying 
station, concentration point or any other premises under State or 
Federal veterinary supervision where swine are assembled for sale or 
sale purposes, and which has been approved by the Administrator under 
Sec. 71.20 of this chapter.\2, 3\
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    \2\ Notices containing lists of such approved livestock markets are 
published in the Federal Register. Information concerning livestock 
markets can be obtained from the Veterinarian in Charge, Veterinary 
Services, Animal and Plant Health Inspection Service, United States 
Department of Agriculture for the State in question.
    \3\ Before the Administrator withdraws approval of any livestock 
market, the owner of such livestock market shall be given notice by the 
Administrator of the proposed withdrawal of approval and the reasons 
therefor and such owner shall have an opportunity to present his views 
thereon. In those instances where there are conflicts as to the facts, a 
hearing shall be held to resolve such conflicts.
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    Certificate. An official document issued by an Animal and Plant 
Health Inspection Service representative, State representative, or 
accredited veterinarian for and prior to the interstate movement of 
swine that are not known to be infected with or exposed to pseudorabies, 
and are not pseudorabies vaccinates, except for official gene-altered 
pseudorabies vaccinates vaccinated with a glycoprotein I (gpI) deleted 
gene-altered pseudorabies vaccine or from a qualified negative gene-
altered vaccinated herd. The document must state: (a) The number and 
description of the swine to be moved; (b) That the swine to be moved are 
not known to be infected with or exposed to pseudorabies; (c) The 
purpose for which the swine are to be moved; (d) The points of origin 
and destination; (e) The consignor and consignee; and (f) Any additional 
information required by this part.
    Common ground. The ground, areas, buildings or equipment communally 
shared by any specific group or groups of livestock.
    Contact. Direct access to other swine, their excrement, or 
discharges; or sharing a building with a common ventilation system with 
other swine, or being within ten feet of other swine if not sharing a 
building with a common ventilation system.
    Exposed livestock. Any livestock that has been in contact with an 
animal infected with pseudorabies, including all livestock in a known 
infected herd; except that livestock, other than swine, that have not 
been exposed to a clinical case of the disease for a period of 10 
consecutive days shall no longer be considered to be exposed livestock.

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    Exposed swine. Any swine that has been in contact with an animal 
infected with pseudorabies, including all swine in a known infected 
herd.
    Farm of origin. A farm where the swine were born, or on which they 
have resided for at least 90 consecutive days immediately prior to the 
interstate shipment.
    Feedlot. A premises where swine are fed physically separated from 
swine kept for breeding or other purposes and from which such swine are 
moved directly to a recognized slaughtering establishment or directly 
through one or more slaughter markets and then directly to a recognized 
slaughtering establishment, quarantined herd, or quarantined feedlot.
    Herd. Any group of livestock maintained on common ground for any 
purpose, or two or more groups of livestock under common ownership or 
supervision, geographically separated, but which have an interchange or 
movement of animals without regard to whether the animals are infected 
with or exposed to pseudorabies.
    Infected livestock. Any livestock determined to be infected with 
pseudorabies by an official pseudorabies test, or diagnosed by a 
official pseudorabies epidemiologist as having pseudorabies.
    Interstate. From any State into or through any other State.
    Isolation. Separation of swine by a physical barrier in such a 
manner that other swine do not have access to the isolated swine's body, 
excrement, or discharges; not allowing the isolated swine to share a 
building with a common ventilation system with other swine; and not 
allowing the isolated swine to be within ten feet of other swine if not 
sharing a building with a common ventilation system.
    Known infected herd. Any herd in which any livestock has been 
determined to be infected with pseudorabies by an official pseudorabies 
test, an approved differential pseudorabies test, or diagnosed by an 
official pseudorabies epidemiologist as having pseudorabies.
    (a) A herd of livestock, other than swine, shall no longer be 
classified as a known infected herd after 10 days since the last 
clinical case of pseudorabies in the herd.
    (b) A herd of swine which has been released from pseudorabies 
quarantine in accordance with the following provisions shall no longer 
be classified as a known infected herd if:
    (1) All swine positive to an official pseudorabies test have been 
removed from the premises; all swine which remain in the herd, except 
swine nursing from their mothers, are subjected to an official 
pseudorabies serologic test and found negative 30 days or more after 
removal of swine positive to an official pseudorabies test; and no 
livestock on the permises have shown clinical signs of pseudorabies 
after removal of the postive swine; or
    (2) All swine have been depopulated for 30 days and the herd 
premises have been cleaned and disinfected in accordance with 
Sec. 85.13; or
    (3) In a herd of swine in which swine are positive to an official 
pseudorabies serologic test but no swine are postive at titers greater 
than 1:8, all titered swine are subjected to another official 
pseudorabies serologic test and found negative; and all other swine in 
the herd which an epidemiologist, approved by the State animal health 
official and the Veterinarian in Charge, requires to be subjected to an 
official pseudorabies serologic test are tested and found negative.\4\
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    \4\ The epidemiologist shall consider the following epidemiologic 
evidence to determine which swine in the herd, in addition to the 
titered swine, must be subjected to an official pseudorbies serologic 
test and found negative: (a) the percentage and number of titered swine 
in the herd; (b) the number of titered swine as compared to the number 
of swine tested; (c) the extent of the contact of members of the herd 
with the titered swine; (d) the prevalence of pseudorabies in the area; 
(e) the herd management practices; and (f) any other reliable 
epidemiologic evidence.
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    (4) In a herd of swine containing official gene-altered pseudorabies 
vaccinates:
    (i) All vaccinates have been vaccinated with the same official gene-
altered pseudorabies vaccine; and
    (ii) All swine positive to an approved differential pseudorabies 
test have been gone from the herd for at least 60 days; and

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    (iii) No livestock on the same premises as the herd have shown 
clinical signs of pseudorabies since removal of the positive swine; and
    (iv) The herd has been tested for pseudorabies and found negative in 
accordance with one of the following two provisions:
    (A) All swine in the herd, except suckling swine, are tested with an 
approved differential pseudorabies test. If all tested swine are found 
negative, no further testing is required. If any swine test positive, 
they may be retested with an approved differential pseudorabies test 
within 30 days of the first test if they are isolated from the remainder 
of the herd until the retest shows them to be negative.
    (B) All swine in the herd over 6 months of age and a random sample 
of 30 or more swine in each segregated group of swine in the herd 
between 2 and 6 months of age are tested with an approved differential 
pseudorabies test. Not less than 30 days nor more than 60 days after 
this first test, another random sample of 30 or more swine in each 
segregated group of swine in the herd between 2 and 6 months of age is 
tested with an approved differential pseudorabies test. If all swine are 
negative on these tests, no further testing is required. If any swine 
test positive on either of these tests, the positive swine may be 
retested with an approved differential test within 30 days of the 
initial test if they are isolated from the remainder of the herd until 
the retest shows them to be negative.
    Livestock. Swine, cattle, sheep or goats.
    Moved. Shipped, transported, or otherwise moved, or delivered or 
received for movement by land, water, or air.
    Official gene-altered pseudorabies vaccinate. Swine vaccinated with 
an official gene-altered pseudorabies vaccine, in accordance with 
directions on the label.
    Official gene-altered pseudorabies vaccine. Any official 
pseudorabies vaccine for which there is an approved differential 
pseudorabies test.
    Official pseudorabies epidemiologist. A state or federally employed 
veterinarian designated by the State animal health official and the 
veterinarian in charge to investigate and diagnose pseudorabies in 
livestock.
    Official pseudorabies serologic test. An official pseudorabies test, 
as defined in this section, conducted on swine serum to detect the 
presence or absence of pseudorabies antibodies.
    Official pseudorabies test. Any test for the diagnosis of 
pseudorabies approved by the Administrator conducted in a laboratory 
approved by the Administrator as listed in a Veterinary Services Notice 
listing such laboratories.\5\ The following tests for the diagnosis of 
pseudorabies have been approved by the Administrator: 1. Microtitration 
Serum-Virus Neutralization Test; 2. Virus Isolation and Identification 
Test; 3. Fluorescent Antibody Tissue Section Test; 4. Enzyme-Linked 
Immunosorbent Assay (ELISA) Test, except for approved differential 
pseudorabies tests other than the glycoprotein I (gpI) ELISA test; 5. 
Latex Agglutination Test (LAT); and 6. Particle Concentration 
Fluorescence Immunoassay (PCFIA) Test, including the gpI PCFIA test.\6\ 
State, Federal, and University laboratories will be approved by the 
Administrator following the determination by him that the laboratory: 
(a) Has personnel trained at the Veterinary Services Diagnostic 
Laboratory, Ames, Iowa, assigned to supervise the test, (b) follows 
standard test protocol, (c) meets check test proficiency requirements, 
and (d) will report all test results to State and Federal animal health 
officials.\7\
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    \5\ Notices containing lists of laboratories approved for the 
purposes of the regulations in this part are published in the Federal 
Register Notices Section. The lists are also available upon request from 
the Animal and Plant Health Inspection Service, Veterinary Services, 
Operational Support, 4700 River Road Unit 33, Riverdale, Maryland 20737-
1231.
    \6\ Copies of the test protocols (Recommended Minimum Standards for 
Diagnostic Tests Employed in the Diagnosis of Pseudorabies (Aujeszky's 
Disease)) published as a Veterinary Services Notice, May 17, 1978, are 
available upon request from the Animal and Plant Health Inspection 
Service, Veterinary Services, Operational Support, 4700 River Road, Unit 
33, Riverdale, Maryland 20737-1231.
    \7\ Before the Administrator withdraws the approval of any 
laboratory, the Director of such laboratory shall be given a notice by 
the Administrator of the proposed disapproval and the reasons therefore 
and such Director shall have an opportunity to present his views 
thereon. In those instances where there are conflicts as to the facts, a 
hearing shall be held to resolve such conflicts.

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    Official pseudorabies vaccine. Any pseudorabies virus vaccine 
produced under license from the Secretary of Agriculture under the 
Virus, Serum and Toxin Act of March 4, 1913, and any legislation 
amendatory thereof (21 U.S.C. 151 et seq.).
    Official vaccinate. Any swine which have been: (a) Vaccinated with 
an official pseudorabies vaccine by an accredited veterinarian or a 
State or Federal veterinarian in accordance with recommendations on the 
vaccine label and the laws and regulations of the State in which the 
swine are vaccinated; (b) identified by a numbered pink eartag approved 
by the State in which such swine are vaccinated; \8\ and (c) reported as 
official vaccinates at the time of vaccination to the State animal 
health official.
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    \8\ The numbered pink eartags are available commercially. Should any 
problem arise regarding the availability of such eartags, contact the 
appropriate State animal health official.
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    Owner-shipper statement. A statement signed by the owner or shipper 
of swine which states: (a) The number of swine to be moved; (b) the 
points of origin and destination; (c) the consignor and consignee; and 
(d) any additional information required by this part.
    Permit. An official document issued for and prior to the interstate 
movement of pseudorabies infected, exposed or vaccinated swine under 
this part by an Animal and Plant Health Inspection Service 
representative, State representative, or an accredited veterinarian 
which states: (a) The number of swine to be moved; (b) the purpose for 
which the swine are to be moved; (c) the points of origin and 
destination; (d) the consignor and the consignee; and (e) any additional 
information required by this part.
    Pseudorabies. The contagious, infectious, and communicable disease 
of livestock and other animals also known as Aujeszky's disease, mad 
itch, or infectious bulbar paralysis.
    Pseudorabies controlled vaccinated herd. (a) Pseudorabies controlled 
vaccinated herd status is attained by subjecting all swine over 6 months 
of age to an official pseudorabies serologic test and finding all swine 
so tested negative. The herd must not have been a known infected herd 
within the past 30 days. Any swine in the herd over 6 months of age may 
be vaccinated for pseudorabies within 15 days after being subjected to 
an official pseudorabies serologic test and found negative.\1\
    (b) If on the qualifying official pseudorabies serologic test or any 
subsequent official pseudorabies test, any swine so tested are positive, 
pseudorabies controlled vaccinated herd status is attained or regained 
by: removing all positive swine; cleaning and disinfecting the herd 
premises in accordance with Sec. 85.13; subjecting all swine in the 
herd, except swine nursing from their mothers, to an official 
pseudorabies serologic test 30 days or more after removal of the 
positive swine and finding all swine so tested negative; and, after an 
interval of 30 to 60 days after the first such negative official 
pseudorabies serologic herd test, subjecting all swine in the herd over 
6 months of age to another official pseudorabies serologic test and 
finding all swine so tested negative.
    (c)(1) Pseudorabies controlled vaccinated herd status is maintained 
by: subjecting 25 percent of all the offspring to an official 
pseudorabies serologic test when they are between 16 and 20 weeks of age 
and finding all swine so tested negative, or by leaving 10 percent of 
the swine over 6 months of age in the herd unvaccinated and subjecting 
all such unvaccinated swine to an official pseudorabies serologic test 
every 80-105 days and finding all swine so tested negative.
    (2) Any swine in the herd over 6 months of age may be vaccinated for 
pseudorabies within 15 days after being subjected to an official 
pseudorabies serologic test and found negative; Provided That, if 
pseudorabies controlled vaccinated herd status is to be maintained by 
testing unvaccinated swine over 6 months of age, at least 10 percent of 
the swine in the herd over 6 months of age shall remain unvaccinated.

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    (3) All swine intended to be added to a pseudorabies controlled 
vaccinated herd shall be isolated until the swine have been found 
negative to an official pseudorabies serologic test conducted 30 days or 
more after the swine have been placed in isolation. Not more than 90 
percent of the swine over 6 months of age added to the herd may be 
vaccinated for pseudorabies. All additions to the herd which are to be 
vaccinated for pseudorabies shall be vaccinated within 15 days after 
being subjected to such official pseudorabies serologic test. All 
additions to the herd shall be added to the herd within 30 days after 
such official pseudorabies serologic test.
    (4) Swine which have not been vaccinated for pseudorabies and which 
are to be tested to maintain pseudorabies controlled vaccinated herd 
status shall be maintained in the herd so that the pseudorabies 
vaccinates can physically touch nonvaccinates or so that the 
pseudorabies vaccinates are within 10 feet of nonvaccinates while 
sharing a direct common ventilation system with such nonvaccinates.
    Pseudorabies vaccinate. Any swine that have been vaccinated with any 
product containing antigens for pseudorabies.
    Qualified negative gene-altered vaccinated herd. (a) Any herd in 
which no swine are known to be infected with or exposed to pseudorabies, 
and in which no swine are vaccinated for pseudorabies, may achieve 
status as a qualified negative gene-altered vaccinated herd under the 
following conditions:
    (1) All swine in the herd over 6 months of age must be tested with 
an official pseudorabies serologic test. For a minimum of 30 days before 
the test, the herd must not have been a known infected herd. During the 
90 days before the test, at least 90 percent of the swine in the herd 
either must have been on the premises and a part of the herd, or must 
have entered the herd directly from a qualified pseudorabies negative 
herd. If any of the tested swine are found positive on this or any other 
official pseudorabies test prior to vaccination with the official gene-
altered pseudorabies vaccine, the requirements in paragraph (a)(2) must 
be met.
    (2) All swine that are positive on an official pseudorabies test 
must be removed from the herd, or must be isolated until another 
official pseudorabies test conducted within 30 days of the first test 
shows them to be negative. If the results of the second test are 
negative, no additional testing is required before the herd may be 
vaccinated in accordance with paragraph (a)(3). If the results of the 
second test are positive, all swine that tested positive must be removed 
from the herd. Not less than 30 days after any positive swine are 
removed from the herd, all remaining swine in the herd, except suckling 
swine, must be tested with an official pseudorabies serologic test and 
found negative. Not less than 30 days after this negative test, the herd 
must be tested again in accordance with paragraph (a)(1).
    (3) Not more than 30 days after test results show the herd to be 
negative for pseudorabies in accordance with paragraph (a)(1), all swine 
in the herd over 6 months of age must be vaccinated with an official 
gene-altered pseudorabies vaccine. Only one official gene-altered 
pseudorabies vaccine may be used in the herd.
    (b) Any herd designated as a qualified pseudorabies negative herd 
may achieve new status as a qualified negative gene-altered vaccinated 
herd if all swine in the herd over 6 months of age are vaccinated with 
an official gene-altered pseudorabies vaccine. Only one official gene-
altered pseudorabies vaccine may be used in the herd.
    (c) Any herd in which no swine are known to be infected with or 
exposed to pseudorabies, and in which the only swine vaccinated for 
pseudorabies are official gene-altered pseudorabies vaccinates, may 
achieve status as a qualified negative gene-altered vaccinated herd 
under the following conditions:
    (1) Only one official gene-altered pseudorabies vaccine may be used 
in the herd.
    (2) All swine in the herd over 6 months of age must be tested with 
an approved differential pseudorabies test. For a minimum of 60 days 
before the test, the herd must not have been a known infected herd. 
During the 90

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days before the test, at least 90 percent of the swine in the herd 
either must have been on the premises and a part of the herd or must 
have entered the herd directly from a qualified pseudorabies negative 
herd or a qualified negative gene-altered vaccinated herd. If any of the 
tested swine are found positive on this test, the requirements in 
paragraph (c)(3) must be met.
    (3) All swine positive on an approved differential pseudorabies test 
must be removed from the herd, or must be isolated until another 
approved differential pseudorabies test conducted within 30 days of the 
first test shows them to be negative. If the results of the second test 
are negative, no additional testing is required before the herd may be 
vaccinated in accordance with paragraph (c)(4). If the results of the 
second test are positive, all swine that tested positive must be removed 
from the herd. No less than 30 days after any negative swine are removed 
from the herd, all remaining swine in the herd, except suckling swine, 
must be tested with an approved differential pseudorabies test and found 
negative. No less than 30 days after this negative test, the herd must 
be tested again in accordance with paragraph (c)(2).
    (4) No more than 30 days after test results show the herd to be 
negative for pseudorabies in accordance with paragraph (c)(2), all swine 
in the herd over 6 months of age that are not already official gene-
altered pseudorabies vaccinates must be vaccinated with an official 
gene-altered pseudorabies vaccine. Only one official gene-altered 
pseudorabies vaccine may be used in the herd.
    (d) Qualified negative gene-altered vaccinated herd status is 
maintained under the following conditions:
    (1) All swine over 6 months of age in the herd must be official 
gene-altered pseudorabies vaccinates, and only one official gene-altered 
pseudorabies vaccine may be used in the herd.
    (2) All swine over 6 months of age in the herd must be tested at 
least once a year with an approved differential pseudorabies test and 
found negative; except that, if any swine are positive, the herd may 
maintain its status if the positive swine are isolated from the rest of 
the herd until they are found negative to a second approved differential 
pseudorabies test conducted within 30 days of the first. The requirement 
for annual testing of all swine in the herd over 6 months of age may be 
met by testing 25 percent of the swine over 6 months of age every 80-105 
days, or by testing 10 percent of the swine over 6 months of age each 
month. No swine may be tested twice in 1 year to comply with the 25 
percent requirement, or twice in 10 months to comply with the 10 percent 
requirement.
    (3) Swine may be added to a qualified negative gene-altered 
vaccinated herd only under one of the following conditions:
    (i) The swine are moved to the qualified negative gene-altered 
vaccinated herd from another qualified negative gene-altered vaccinated 
herd, or from a qualified pseudorabies negative herd, without having any 
contact en route with swine other than those from a qualified negative 
gene-altered vaccinated herd or a qualified pseudorabies negative herd.
    (ii) The swine are moved to the qualified negative gene-altered 
vaccinated herd from a qualified pseudorabies negative herd, have 
contact en route with swine other than those from a qualified negative 
gene-altered vaccinated herd or a qualified pseudorabies negative herd, 
and, before being added, are isolated until they are found negative to 
an official pseudorabies serologic test conducted 30 days or more after 
the swine are isolated.
    (iii) The swine are moved to the qualified negative gene-altered 
vaccinated herd from another qualified negative gene-altered vaccinated 
herd, have contact en route with swine other than those from a qualified 
negative gene-altered vaccinated herd or a qualified pseudorabies 
negative herd, and, before being added, are isolated until they are 
found negative to an approved differential pseudorabies test conducted 
30 days or more after the swine are isolated.
    (iv) The swine are removed to the qualified negative gene-altered 
vaccinated herd from a herd other than a qualified negative gene-altered 
vaccinated herd or a qualified pseudorabies negative herd, and, before 
being added, are isolated until they are

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found negative to two official pseudorabies serologic tests, one 
conducted at the time the swine are isolated, and the second conducted 
30 days or more after the swine are isolated.
    Qualified pseudorabies negative herd. (a) Qualified pseudorabies 
negative herd status is attained by subjecting all swine over 6 months 
of age to an official pseudorabies serologic test and finding all swine 
so tested negative. The herd must not have been a known infected herd 
within the past 30 days. A minimum of 90 percent of the swine in the 
herd must have been on the premises and a part of the herd for at least 
90 days prior to the qualifying official pseudorabies serologic test or 
have entered directly from another qualified pseudorabies negative herd.
    (b)(1) If on a qualifying official pseudorabies serologic test or 
any subsequent official pseudorabies test, any swine so tested are 
positive, qualified pseudorabies negative herd status is attained or 
regained by: Removing all positive swine and cleaning and disinfecting 
the herd premises in accordance with Sec. 85.13; subjecting all swine in 
the herd, except swine nursing from their mothers, to an official 
pseudorabies serologic test 30 days or more after removal of the 
positive swine and finding all swine so tested negative; and, after an 
interval of 30 to 60 days after the first such negative official 
pseudorabies serologic herd test, subjecting all swine in the herd over 
6 months of age to another official pseudorabies serologic test and 
finding all swine so tested negative; or
    (2) If on any qualifying official pseudorabies serologic test or any 
subsequent official pseudorabies serologic test, any swine so tested are 
positive, but no swine are positive at titers greater than 1:8, 
qualified pseudorabies negative herd status is attained or regained by: 
Subjecting all titered swine and all other swine required to be tested 
by an epidemiologist, approved by the State animal health official and 
the Veterinarian in Charge, to an official pseudorabies serologic test 
and finding all such swine negative.\1\
    (c) Qualified pseudorabies negative herd status is maintained by 
subjecting all swine over 6 months of age in the herd to an official 
pseudorabies serologic test at least once each year (this must be 
accomplished by testing 25 percent of swine over 6 months of age every 
80-105 days and finding all swine so tested negative, or by testing 10 
percent of the swine over 6 months of age each month and finding all 
swine so tested negative; no swine shall be tested twice in 1 year to 
comply with the 25 percent requirement or twice in 10 months to comply 
with the 10 percent requirement). All swine intended to be added to a 
qualified pseudorabies negative herd shall be isolated until the swine 
have been found negative to two official pseudorabies serologic tests, 
one conducted 30 days or more after the swine have been placed in 
isolation, the second test being conducted 30 days or more after the 
first test; except (1) swine intended to be added to a qualified 
pseudorabies negative herd directly from another qualified pseudorabies 
negative herd may be added without isolation or testing; (2) swine 
intended to be added to a qualified pseudorabies negative herd from 
another qualified pseudorabies negative herd, but with interim contact 
with swine other than those from a single qualified pseudorabies 
negative herd, shall be isolated until the swine have been found 
negative to an official pseudorabies serologic test, conducted 30 days 
or more after the swine have been placed in isolation; (3) swine 
returned to the herd after contact with swine other than those from a 
single qualified pseudorabies negative herd shall be isolated until the 
swine have been found negative to an official pseudorabies serologic 
test conducted 30 days or more after the swine have been placed in 
isolation.
    Quarantined feedlot. A premises where pseudorabies infected or 
exposed swine are fed under the supervision and control of the State 
animal health official, and from which such swine are moved directly to 
a recognized slaughtering establishment or directly through one or more 
slaughter markets and then directly to a recognized slaughtering 
establishment in accordance with the provisions of this part.
    Quarantined herd. A herd in which pseudorabies infected or exposed 
swine

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are bred, reared, and fed under the supervision and control of the State 
animal health official, and from which such swine are moved interstate 
directly to a recognized slaughtering establishment or directly through 
one or more slaughter markets and then directly to a recognized 
slaughtering establishment, or from which exposed officially vaccinated 
swine which were negative to an official pseudorabies serologic test may 
be moved only to a quarantined herd or quarantined feedlot.
    Recognized slaughtering establishment. A slaughtering establishment 
operated under the provisions of the Federal Meat Inspection Act (21 
U.S.C. 601 et seq.) or a State inspected slaughtering establishment.
    Slaughter market. A livestock market approved in accordance with 
Sec. 71.20 of this chapter, at which swine for sale and shipment for 
slaughter are handled only on days when no swine are handled for sale 
and shipment for feeding or breeding purposes unless facilities are 
provided to keep slaughter swine physically separated from feeder and 
breeder swine, and feeder and breeder swine use no facilities previously 
used by slaughter swine on the day these classes of swine are at the 
market. The facilities used by slaughter swine shall be cleaned and 
disinfected in accordance with the requirements of this part before 
being used for feeding or breeding swine.\9, 10\
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    \9\ Notices containing lists of slaughter markets approved for the 
purposes of the regulations in this part are published in the Federal 
Register. Information concerning slaughter markets can be obtained from 
the Veterinarian in Charge, Veterinary Services, Animal and Plant Health 
Inspection Service, U.S. Department of Agriculture, for the State in 
question.
    \10\ Before the Administrator withdraws approval of any slaughter 
market, the owner of such slaughter market shall be given notice by the 
Administrator of the proposed withdrawal of approval and the reasons 
therefore and such owner shall have an opportunity to present his views 
thereon. In those instances where there are conflicts as to the facts, a 
hearing shall be held to resolve such conflicts.
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    State. Any State or Territory of the United States, the District of 
Columbia, Puerto Rico, Guam or the Northern Mariana Islands.
    State animal health official. The State animal health official who 
is responsible for the livestock and poultry disease control and 
eradication programs in the official's State or his designated 
representative.
    State representative. A person regularly employed in animal health 
work of a State and who is authorized by such State to perform the 
function involved under a Cooperative Agreement with the United States 
Department of Agriculture.
    Swine not known to be infected with or exposed to pseudorabies. Any 
swine from a herd of swine in which no animal has been classified as a 
reactor to an official pseudorabies test, or has been diagnosed as 
having pseudorabies or suspected of having pseudorabies by a 
veterinarian; or any swine from a herd of swine which has been released 
from quarantine or has met the requirements of release from quarantine 
in accordance with the definition of known infected herd in Sec. 85.1.
    Veterinarian in charge. The veterinary official of Veterinary 
Services, Animal and Plant Health Inspection Service, United States 
Department of Agriculture, who is assigned by the Administrator to 
supervise and perform official animal health work of the Animal and 
Plant Health Inspection Service in the State concerned.
    Veterinary Services. Veterinary Services, Animal and Plant Health 
Inspection Service, United States Department of Agriculture.
    Veterinary Services representative. A person employed by Veterinary 
Services, Animal and Plant Health Inspection Service, United States 
Department of Agriculture, who is authorized to perform the function 
involved.

(Approved by the Office of Management and Budget under control number 
0579-0069)

[44 FR 10309, Feb. 16, 1979; 44 FR 12159, Mar. 6, 1979, as amended at 48 
FR 57472, Dec. 30, 1983; 50 FR 42145, Oct. 18, 1985; 50 FR 47350, Nov. 
15, 1985; 52 FR 45935, Dec. 3, 1987; 54 FR 21049, May 16, 1989; 55 FR 
19251, May 9, 1990; 55 FR 49592, Nov. 29, 1990; 58 FR 68507, Dec. 28, 
1993; 59 FR 67613, Dec. 30, 1994; 60 FR 26355, May 17, 1995; 62 FR 
27937, May 22, 1997; 63 FR 17316, Apr. 9, 1998; 66 FR 21063, Apr. 27, 
2001]

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