[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR77.39]

[Page 254-257]
 
                  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. 77.39  Other interstate movements.

    (a) Herds containing a suspect--(1) The suspect. (i) A captive 
cervid classified as a suspect on the SCT test must be quarantined until 
it is slaughtered or retested by the CCT test or the BTB test and found 
negative for tuberculosis. Retesting must be as follows:
    (A) The first CCT test must be administered within the first 10 days 
following the SCT test or, if not, must be administered at least 90 days 
after the SCT test. If the CCT test is administered within 10 days of 
the SCT test, the injection must be on the side of the neck opposite the 
injection for the SCT test.
    (B) The sample for the first BTB test may not be taken until at 
least 12 days after the injection for the SCT test. It is recommended 
that the sample be taken within 30 days following the injection for the 
SCT test.
    (ii) A captive cervid classified as a suspect on the first CCT test 
or the

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first BTB test must be quarantined until the following has occurred:
    (A) A suspect on the first CCT test is tested with a second CCT test 
at least 90 days after the first CCT test and is found negative for 
tuberculosis; or
    (B) A suspect on the first BTB test is tested with a second BTB test 
and is found negative for tuberculosis. It is recommended that the 
captive cervid be tested with the second BTB test within 60 days 
following the injection for the SCT test.
    (2) The remainder of the herd. Any herd containing a suspect to an 
official tuberculosis test must be quarantined until the suspect is 
retested by the CCT test or the BTB test and found negative for 
tuberculosis, or the suspect is inspected at slaughter or necropsied and 
found negative for tuberculosis after histopathology and culture of 
selected tissues. If the suspect is found negative for tuberculosis upon 
testing, or after slaughter inspection or necropsy and histopathology 
and culture of selected tissues, the herd may be released from 
quarantine and will return to the herd classification status in effect 
before the herd was quarantined. If the suspect is classified as a 
reactor upon testing, or after slaughter inspection or necropsy and 
histopathology and/or culture of selected tissues, the herd may be 
released from quarantine only in accordance with paragraph (b) of this 
section for herds containing a reactor.
    (b) Herds containing a reactor. The following requirements apply to 
herds containing a reactor, except for herds that have received captive 
cervids from an affected herd. Herds that have received captive cervids 
from an affected herd must be quarantined and tested in accordance with 
paragraph (e) of this section.
    (1) The reactor. Captive cervids classified as reactors must be 
quarantined.
    (2) The remainder of the herd. Any herd containing reactors must be 
quarantined until the reactors are slaughtered or necropsied in 
accordance with Sec. 77.40 and:
    (i) If, upon slaughter inspection or necropsy, any reactors exhibit 
lesions compatible with or suggestive of tuberculosis, found by 
histopathology, without the isolation of M. bovis, the remainder of the 
herd may be released from quarantine in accordance with the provisions 
of paragraph (c) of this section.
    (ii) If M. bovis is isolated from any reactors, the remainder of the 
herd will be considered an affected herd, and will be subject to the 
provisions for affected herds in paragraph (d) of this section.
    (iii) If upon slaughter inspection or necropsy all reactors exhibit 
no gross lesions (NGL) of tuberculosis and no evidence of tuberculosis 
infection is found by histopathology and culture of M. bovis on 
specimens taken from the NGL animals, the remainder of the herd may be 
released from quarantine, and captive cervids from the herd may be moved 
interstate in accordance with the herd classification status in effect 
before the herd was quarantined if one of the following conditions is 
met:
    (A) The remainder of the herd is given a whole herd test and is 
found negative for tuberculosis.
    (B) The remainder of the herd is given a whole herd test, and all 
reactors to the whole herd test exhibit no gross lesions (NGL) of 
tuberculosis upon slaughter inspection or necropsy and no evidence of 
tuberculosis infection is found by histopathology or culture of M. bovis 
on specimens taken from the NGL animals.
    (iv) If no evidence of tuberculosis is found in any reactor upon 
slaughter inspection or necropsy, but it is not possible to conduct a 
whole herd test on the remainder of the herd, the herd will be 
evaluated, based on criteria such as the testing history of the herd and 
the State history of tuberculosis infection, by the DTE to determine 
whether the herd may be released from quarantine.
    (c) Herds found to have only lesions of tuberculosis. A herd in 
which captive cervids with lesions compatible with or suggestive of 
tuberculosis are found by histopathology without the isolation of M. 
bovis may be released from quarantine and return to the herd 
classification status in effect before the herd was quarantined, with 
the concurrence of the DTE, if the herd tests negative to tuberculosis 
on a whole herd test conducted 90 days following the removal of the 
lesioned captive cervid, provided the herd has not been exposed

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to M. bovis during the 90 days. To maintain its herd classification 
status, the herd must test negative to two annual whole herd tests 
beginning 10-12 months after the herd is released from quarantine. If 
any captive cervids in the herd respond to one of the tests, the herd 
will be subject to the provisions of paragraph (a) or (b) of this 
section. If the herd is not given the two annual whole herd tests, it 
will become an unclassified herd.
    (d) Affected herds. A herd determined to be an affected herd must be 
quarantined until the herd has tested negative to three whole herd tests 
in succession, with the first test given 90 days or more after the last 
test yielding a reactor and the last two tests given at intervals of not 
less than 180 days. If the herd tests negative to the three whole herd 
tests, it will be released from quarantine, but will be considered an 
unclassified herd, and captive cervids may only be moved interstate from 
the herd in accordance with the movement requirements for the State or 
zone in which the herd is located. In addition, the herd must be given 
five consecutive annual whole herd tests after release from quarantine. 
(These five tests will count toward qualifying the herd for herd 
classification.) As an alternative to testing, the herd may be 
depopulated.
    (e) Herds that have received captive cervids from an affected herd. 
If a herd has received captive cervids from an affected herd, the 
captive cervids from the affected herd of origin will be considered 
exposed to tuberculosis. The exposed captive cervids and the receiving 
herd must be quarantined. The exposed captive cervids must be 
slaughtered, necropsied, or tested with the SCT test by a veterinarian 
employed by the State in which the test is administered or employed by 
USDA. The BTB test may be used simultaneously with the SCT test as an 
additional diagnostic test. Any exposed captive cervid that responds to 
the SCT test or tests ``M. bovis positive'' or ``equivocal'' on the BTB 
test must be classified as a reactor and must be slaughter inspected or 
necropsied. Any exposed captive cervid that tests negative to the SCT 
test or tests ``avian'' or ``negative'' on the BTB test will be 
considered as part of the affected herd of origin for purposes of 
testing, quarantine, and the five annual whole herd tests required for 
affected herds in paragraph (d) of this section.
    (1) If bovine tuberculosis is confirmed in any of the exposed 
captive cervids by bacterial isolation of M. bovis, the receiving herd 
will be classified as an affected herd and will be subject to the 
provisions for affected herds in paragraph (d) of this section.
    (2) If any of the exposed captive cervids are found to exhibit 
lesions compatible with or suggestive of tuberculosis, found by 
histopathology, without the isolation of M. bovis, the receiving herd 
will be subject to appropriate testing as determined by the DTE.
    (3) If all the exposed captive cervids test negative for 
tuberculosis, the receiving herd will be released from quarantine if it 
is given a whole herd test and is found negative for tuberculosis and 
will return to the herd classification in effect before the herd was 
quarantined. In addition, the receiving herd must be retested with the 
SCT test 1 year after release from quarantine in order for captive 
cervids from the herd to continue to be moved interstate. Supplemental 
diagnostic tests may be used if any captive cervids in the herd show a 
response to the SCT test.
    (f) Source herds. A herd suspected of being the source of 
tuberculous captive cervids based on a slaughter traceback investigation 
must be quarantined upon notification (by the person conducting the 
investigation) to the USDA area veterinarian in charge for the State in 
which the herd resides, and a herd test must be scheduled. If the herd 
is suspected of being the source of slaughter captive cervids having 
lesions of tuberculosis, the herd test must be done by a veterinarian 
employed by the State in which the test is administered or employed by 
USDA.
    (1) If the herd is identified as the source of captive cervids 
having lesions of tuberculosis and M. bovis has been confirmed by 
bacterial isolation from the slaughter animal, all captive cervids in 
the herd that respond to the SCT test must be classified as reactors. If 
none respond to the SCT test, the herd may be released from quarantine

[[Page 257]]

and will return to the herd classification status in effect before the 
herd was quarantined, unless the DTE judges that additional testing is 
appropriate to ensure the herd's freedom from tuberculosis.
    (2) If the herd is identified as the source of captive cervids that 
exhibit lesions compatible with or suggestive of tuberculosis, found by 
histopathology, without the isolation of M. bovis, all captive cervids 
in the herd that respond to the SCT test must be classified as suspects, 
and supplemental tests must be applied.
    (3) If the herd is not identified as the source herd, the herd will 
be released from quarantine if the herd is given a whole herd test and 
is found negative for tuberculosis. The herd will then return to the 
herd classification status in effect before the herd was quarantined.
    (g) Newly assembled herds. (1)A newly assembled herd will be 
classified as having the herd status of the herd from which the captive 
cervids originated. If the herd is assembled from captive cervids from 
more than one herd, it will be classified as having the herd status of 
the originating herd with the lowest status. A newly assembled herd will 
also assume the testing schedule of the herd status it is given. Captive 
cervids in the herd must have no exposure to captive cervids from a herd 
of lesser status than the herd of origin determining the status of the 
newly assembled herd or to any tuberculous livestock.
    (2) A herd newly assembled on premises where a tuberculous herd has 
been depopulated must be given two consecutive annual whole herd tests. 
The first test must be administered at least 6 months after the assembly 
of the new herd. If the whole herd tests are not conducted within the 
indicated timeframe, the herd will be quarantined. If the herd tests 
negative to the two whole herd tests, there are no further requirements. 
If any captive cervid in the herd responds on one of the whole herd 
tests, the herd will be subject to the provisions of paragraph (a) or 
(b) of this section. If the premises has been vacant for more than 1 
year preceding the assembly of the new herd on the premises, these 
requirements may be waived if the risk of tuberculosis transmission to 
the newly assembled herd is deemed negligible by cooperating State and 
Federal animal health officials.