[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR77.26]

[Page 236-237]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 77_TUBERCULOSIS--Table of Contents
 
                        Subpart C_Captive Cervids
 
Sec.  77.26  Modified accredited States or zones.

    (a) States listed in paragraph (b) of this section must submit to 
APHIS \1\ by October 23, 2001 data demonstrating that the State complies 
with the UMR or the State will be redesignated as nonaccredited. If a 
State does submit surveillance data by October 23, 2001 that meets the 
UMR standards, and that APHIS believes qualifies the State for a 
classification other than modified accredited, APHIS will initiate 
rulemaking to change the State's classification.
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    \1\ Send the information to National Animal Health Programs, 
Veterinary Services, APHIS, 4700 River Road, Unit 42, Riverdale, 
Maryland 20737-1231.
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    (b) The following are modified accredited States: Alabama, Alaska, 
Arizona, Arkansas, California, Colorado,

[[Page 237]]

Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, 
Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, 
Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, 
Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North 
Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto 
Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, 
Utah, Vermont, the Virgin Islands of the United States, Virginia, 
Washington, West Virginia, Wisconsin, and Wyoming.
    (c) The following are modified accredited zones: None.
    (d) If any livestock other than captive cervids are included in a 
newly assembled herd on a premises where a tuberculous herd has been 
depopulated, the State or zone must apply the herd test requirements 
contained in the ``Uniform Methods and Rules--Bovine Tuberculosis 
Eradication'' (January 22, 1999, edition), which is incorporated by 
reference at Sec.  77.1, for such newly assembled herds to those other 
livestock in the same manner as to captive cervids. Failure to do so 
will result in the removal of the State or zone from the list of 
modified accredited States or zones and its being reclassified as 
accreditation preparatory.
    (e) If tuberculosis is diagnosed within a modified accredited State 
or zone in an animal not specifically regulated by this part and a risk 
assessment conducted by APHIS determines that the outbreak poses a 
tuberculosis risk to livestock within the State or zone, the State or 
zone must implement a tuberculosis management plan, approved jointly by 
the State animal health official and the Administrator, within 6 months 
of the diagnosis. The management plan must include provisions for 
immediate investigation of tuberculosis in animals held for exhibition 
and in livestock and wildlife; the prevention of the spread of the 
disease to other animals held for exhibition and to livestock and 
wildlife; increased surveillance for tuberculosis in animals held for 
exhibition and wildlife; eradication of tuberculosis from individual 
herds; a timeline for tuberculosis eradication; and performance 
standards by which to measure yearly progress toward eradication. If a 
State or zone does not implement such a plan within the required 6 
months, the State or zone will be reclassified as accreditation 
preparatory.
    (f) Modified accredited State or zone status must be renewed 
annually. To qualify for renewal of a modified accredited State or zone 
status, a State must submit an annual report to APHIS certifying that 
the State or zone complies with the provisions of the ``Uniform Methods 
and Rules--Bovine Tuberculosis Eradication.'' The report must be 
submitted to APHIS each year between October 1 and November 30.
    (g) To qualify for modified accredited advanced status, a modified 
accredited State or zone must demonstrate to the Administrator that it 
complies with the provisions of the ``Uniform Methods and Rules--Bovine 
Tuberculosis Eradication'' and that tuberculosis has been prevalent in 
less than 0.01 percent of the total number of captive cervids in the 
State or zone for the most recent 2 years. Except that: The 
Administrator, upon his or her review, may allow a State or zone with 
fewer than 30,000 herds to have up to 3 affected herds for each of the 
most recent 2 years, depending on the veterinary infrastructure, 
livestock demographics, and tuberculosis control and eradication 
measures in the State or zone.

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