[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: 9CFR79.2]

[Page 303-308]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 79_SCRAPIE IN SHEEP AND GOATS--Table of Contents
 
Sec. 79.2  Identification of sheep and goats in interstate commerce.

    (a) No sheep or goat that is required to be individually identified 
or premises identified by Sec. 79.3 may be sold, transported, received 
for transportation, or offered for sale or transportation in interstate 
commerce unless each sheep or goat is identified in accordance with this 
section.
    (1) The sheep or goat must be identified to its flock of origin and, 
for an animal born after January 1, 2002, to its flock of birth, by the 
owner of the flock or his or her agent; at whichever of the following 
points in commerce comes first, Except that; animals born after January 
1, 2002, may be moved interstate direct to slaughter without 
identification to flock of birth until June 1, 2003, and animals that 
cannot be identified to their flock of origin because Consistent States 
have exempted them from flock of origin identification in intrastate 
commerce in accordance with Sec. 79.6(a)(10)(i) may be moved interstate 
with only individual animal identification traceable to the State of 
origin and to the owner of the animals at the time they were so 
identified:
    (i) The point of first commingling of the sheep or goats in 
interstate commerce with sheep or goats from any other flock of origin;
    (ii) Upon unloading of the sheep or goats in interstate commerce at 
any livestock market, except a market described in paragraph (a)(1)(iii) 
of this section;

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    (iii) Upon leaving a livestock market that has been approved in 
accordance with this chapter to handle sheep and goats in interstate 
commerce and that has agreed to act as an agent for the owner to apply 
official identification to the animals. In such cases the animals must 
be:
    (A) Moved to the market and maintained until officially identified 
in distinguishable groups identifiable to their flocks of origin and 
when required their flock of birth by means of partitions or other such 
maintenance; and,
    (B) Accompanied by an owner statement that contains the information 
needed to officially identify the animals to their flock of origin and, 
when required, their flock of birth;
    (iv) Upon transfer of ownership of the sheep or goats in interstate 
commerce;
    (v) In the case of animals shipped directly to slaughter at a 
slaughter plant that has agreed to act as an agent for the owner to 
apply official identification to the animals, upon arrival of the sheep 
or goats in interstate commerce at the slaughter plant. In such cases 
the animals must be:
    (A) Moved to the slaughter plant and maintained until officially 
identified in distinguishable groups identifiable to their flocks of 
origin and when required their flock of birth by means of partitions or 
other such maintenance; and,
    (B) Accompanied by an owner statement that contains the information 
needed to officially identify the animals to their flock of origin and, 
when required, their flock of birth. If the slaughter plant has agreed 
to allow APHIS to conduct slaughter sampling, animals need not be 
identified if they arrive at the plant on days that an APHIS designated 
sampler is not available at the plant to collect samples; or
    (vi) Prior to moving a sheep or goat across a State line, unless the 
animals are moving to an approved livestock market in accordance with 
paragraph (a)(1)(iii) of this section or to an approved slaughter plant 
in accordance with paragraph (a)(1)(v) of this section.
    (2) The sheep or goats must be identified by one of the following 
means of identification, and must remain so identified until they reach 
their final destination:
    (i) Electronic implants for animals required to be identified by the 
SFCP, when used in a flock participating in the SFCP and when 
accompanied by a certificate or owner statement that includes the 
electronic implant numbers and the name of the chip manufacturer;
    (ii) Official eartags, including tags approved for use in the SFCP 
or APHIS-approved premises identification number eartags when combined 
with a unique animal identification number;
    (iii) United States Department of Agriculture backtags or official 
premises identification backtags that include a unique animal 
identification number, when used on sheep or goats moving directly to 
slaughter and when applied within 3 inches of the poll on the dorsal 
surface of the head or neck;
    (iv) Legible official registry tattoos that have been recorded in 
the book of record of a sheep or goat registry association when the 
animal is accompanied by either a registration certificate or a 
certificate of veterinary inspection. These tattoos may also be used as 
premises identification if they contain a unique premises prefix that 
has been linked in the National Scrapie Database with the assigned 
premises identification number of the flock of origin;
    (v) Premises identification eartags or tattoos, if the premises 
identification method includes a unique animal number or is combined 
with a flock eartag that has a unique animal number and the animal is 
accompanied by an owner statement;
    (vi) Premises identification when premises identification is allowed 
by Sec. 79.3 and the animal is accompanied by an owner statement; or
    (vii) Any other official identification method or device approved by 
the Administrator.
    (3) The owner of the flock of origin is responsible for the 
identification of animals required to be identified by this section. No 
person who buys or sells, for his or her own account or as

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the agent of the buyer or seller, transports, receives for 
transportation, offers for sale or transportation, or otherwise handles 
sheep or goats in interstate commerce shall receive or otherwise handle 
any animal in interstate commerce that has not been identified as 
required by this section. If an animal loses its identification to its 
flock of origin while in interstate commerce it is the responsibility of 
the person who has control or possession of the animal to identify the 
animal prior to commingling it with any other animals. This shall be 
done by applying individual animal identification to the animal as 
required in paragraph (a)(2) of this section and recording the means of 
identification and the corresponding animal identification number. If 
the flock of origin cannot be determined, all possible flocks of origin 
shall be listed on the record.
    (b) Serial numbers for use in official identification will be 
assigned to each person who applies to the State animal health official 
or the area veterinarian in charge for the State in which that person 
maintains his or her place of business. Serial numbers of official 
eartags will be assigned to each accredited veterinarian or State or 
APHIS representative who requests official eartags from the State animal 
health official or the area veterinarian in charge, whoever is 
responsible for issuing official eartags in that State. The official 
responsible for issuing eartags in a State may assign serial numbers of 
official eartags to other responsible persons, such as 4-H leaders, if 
the State animal health official and the area veterinarian in charge 
agree that such assignments will improve scrapie control and eradication 
within the State. Persons assigned serial numbers may either directly 
apply eartags to animals, or may reassign eartag numbers to producers. 
If these persons reassign eartag numbers, they must maintain appropriate 
records that permit traceback of animals to their flock of origin, or 
flock of birth when required. Premises identification eartag, backtag, 
and tattoo numbers (series of alphanumeric USDA tags and backtags may be 
assigned as premises identification if they are linked to the premises 
in the National Scrapie Database) will be assigned to animal owners by 
the State animal health official or the area veterinarian in charge, 
whoever is responsible for assigning premises codes in that State. 
Persons assigned serial numbers of United States Department of 
Agriculture backtags, official sheep and goat tattoos, official eartags, 
and premises identification numbers must:
    (1) If the person assigned the numbers is a flock owner, so that the 
assigned numbers are directly linked to the flock of origin in the 
national scrapie database, record the following information on a 
document:
    (i) The premises identification number or serial numbers;
    (ii) The number of animals so identified;
    (iii) The date the animals were identified;
    (iv) For animals born after January 1, 2002, that were not born in 
the flock of origin and that are not identified to the previous flock of 
origin, the individual identification number applied and the name, 
street address, including the city and State, or the township, county, 
and State, and the telephone number, if the telephone number is 
available, of the flock of birth if known.
    (2) If the person assigned the numbers is a veterinarian, extension 
agent, auction market operator, dealer, or any person other than the 
owner of the flock of origin, record the following information on a 
document:
    (i) All serial numbers applied to a sheep or goat;
    (ii) Any other serial numbers and approved identification appearing 
on the sheep or goat;
    (iii) The street address, including the city and State, or the 
township, county, and State, of the premises where the approved means of 
identification was applied;
    (iv) The date the identification was applied;
    (v) The name, street address, including the city and State, or the 
township, county, and State, and the telephone number if the telephone 
number is available, of the owner of the flock of origin and, if 
different, the person who owns or possesses the sheep or goat, and

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    (vi) For animals born after January 1, 2002, that were not born in 
the flock of origin and that are not identified to the previous flock of 
origin, the individual identification number applied and the name, 
street address, including the city and State, or the township, county, 
and State, and the telephone number if the telephone number is 
available, of the flock of birth if known.
    (vii) The serial numbers, the manufacturer, and the type and color 
of all official tags received. Usually maintaining the tag invoice will 
meet this requirement.
    (3) Maintain these records for 5 years; and
    (4) Make these records available for inspection and copying during 
ordinary business hours (8 a.m. to 5:30 p.m., Monday through Friday) 
upon request by any authorized employee of the United States Department 
of Agriculture or the State, and presentation of his or her official 
credentials.
    (5) Any person who fails to comply with these requirements shall not 
be assigned serial numbers of United States Department of Agriculture 
backtags, official sheep and goat tattoos, official eartags, or premises 
identification numbers. If a person who is not in compliance with these 
requirements has already been assigned such serial numbers, the 
Administrator may withdraw the assignment by giving notice to such 
person. After such notice the person shall be subject to criminal and 
civil penalties if he continues to use those assigned serial numbers.
    (c) No person shall apply a premises identification number or a 
brand or earnotch pattern to an animal that did not originate on the 
premises to which the number was assigned by a State or APHIS 
representative or to which the brand or earnotch pattern has been 
assigned by an official brand registry. This includes individual 
identification such as USDA tags and backtags that have been assigned to 
a premises for use as premises identification and registration tattoos 
that contain prefixes that have been assigned to a premises for use as 
premises identification. This does not preclude the owner of a flock 
from using a premises identification number tag assigned to that flock 
on an animal owned by him that resides in that flock but that was born 
or previously resided on a different premises as long as the records 
required in paragraph (b)(1)(iv) of this section are maintained.
    (d) Each person who buys or sells, for his or her own account or as 
the agent of the buyer or seller, transports, receives for 
transportation, offers for sale or transportation, or otherwise handles 
sheep or goats in interstate commerce must ensure that the animals are 
identified as required in this part and must keep records relating to 
the transfer of ownership, shipment, or handling of the sheep or goats, 
such as yarding receipts, sale tickets, invoices, and waybills.
    (1) If official individual animal identification is required, the 
records must include the number of sheep and/or goats; the breed or 
cross if known; the name, street address, including city and State, or 
the township, county, and State, and the telephone number if the 
telephone number is available, of the owner of the flock of origin and, 
if different, the person from whom the sheep or goats were purchased or 
otherwise obtained; and a copy of any documents required to accompany 
the animal including any certificate, owner statement, letter, or 
permit; and
    (i) For animals not in slaughter channels the records must include 
all serial numbers and other approved means of identification appearing 
on the sheep or goat. This requirement may usually be met by maintaining 
a copy of the certificate that accompanied the animals. The premises 
number may be recorded instead of the individual numbers in the case of 
animals identified with premises identification if:
    (A) The premises identification meets the requirements of paragraph 
(a)(2)(v) of this section for individual animal identification; or
    (B) The animals are allowed to move interstate with only premises 
identification in accordance with Sec. 79.3.
    (ii) For animals in slaughter channels that are identified with 
individual animal identification traceable to the flock of origin or 
that are identified to

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the flock of origin with official premises identification that meets the 
requirements for individual animal identification, no additional records 
are required;
    (iii) For animals in slaughter channels that are identified with 
individual animal identification traceable to a previous flock but not 
to the flock of origin, or that are identified with official premises 
identification that meets the requirements for individual animal 
identification that is traceable to a previous flock but not to the 
flock of origin, the records must include all serial numbers and other 
approved means of identification appearing on the sheep or goat;
    (iv) For animals that are not required to be identified until they 
reach their final destination, the records must include the final 
destination.
    (2) If official premises identification is required or allowed, the 
records must include:
    (i) The premises identification number(s) and the number of animals 
identified with each premises number;
    (ii) Copies of any required documents such as the brand inspection 
certificate, an owner's statement, an accredited veterinarian's 
statement, or a health certificate;
    (iii) The name, street address, including city and State, or the 
township, county, and State, and the telephone number if the telephone 
number is available, of the owner of the flock of origin and, if 
different, the person from whom the sheep or goats were purchased or 
otherwise obtained.
    (3) Each person required to keep records under this paragraph must 
maintain the records for at least 5 years after the person has sold or 
otherwise disposed of the sheep or goat to another person, and for such 
further period as the Administrator may require by written notice to the 
person, for purposes of any investigation or action involving the sheep 
or goat identified in the records. The person must make the records 
available for inspection and copying during ordinary business hours (8 
a.m. to 5:30 p.m., Monday through Friday) by any authorized employee of 
the United States Department of Agriculture or the State, upon that 
employee's request and presentation of his or her official credentials.
    (e) No person may remove or tamper with any means of identification 
required to be on sheep or goats pursuant to this section while the 
animals are in interstate commerce, and, at the time of slaughter, 
animal identification must be maintained throughout postmortem 
inspection in accordance with regulations of the Food Safety and 
Inspection Service, U.S. Department of Agriculture, in chapter III of 
this title.
    (f) Requirements for approval of official premises and individual 
identification tags. (1) The Administrator may approve tag companies to 
produce official premises and/or individual identification tags for use 
on sheep or goats. Tags may be plastic or metal and must be an 
appropriate size for use in sheep and goats. Tags must be able to 
legibly accommodate the required alphanumeric sequences. Tags must 
resist removal and be difficult to place on another animal once removed, 
but need not be tamper-proof. Tags must be readily distinguishable as 
USDA official sheep and goat tags, must carry the alphanumeric 
sequences, symbols, or logos specified by APHIS, and must have a means 
of discouraging counterfeiting, such as use of a unique copywrited logo 
or trade mark. Tags for use only on animals in slaughter channels must 
be marked with the words ``Meat'' or ``For Slaughter Only,'' or else 
must be used in conjunction with an ear tattoo of the word ``Meat.''
    (2) Written requests for approval of official premises 
identification tags for sheep and goats should be sent to the Animal and 
Plant Health Inspection Service, Veterinary Services, National Animal 
Health Programs Staff, Attention: National Scrapie Program Coordinator, 
4700 River Road Unit 43, Riverdale, MD 20737-1235. The request must 
include:
    (i) Data supporting the durability of the tag and durability and 
legibility of the identification numbers and high retention rates of the 
tags in animals, preferably sheep and/or goats. Preference will be given 
to tags with high legibility and retention rates in sheep and goats that 
minimize injury to the ear.

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    (ii) A signed statement agreeing to:
    (A) Send official eartags only to a State or APHIS representative, 
to a flock owner at the address to which the premises number or tag 
sequence was assigned by a State or APHIS representative, or as directed 
by APHIS;
    (B) Provide a monthly report by State of all tags produced, 
including the tag sequences produced and the person's and address to 
which the tags were shipped; and
    (C) When required by APHIS, enter the sequences of tags shipped into 
the National Scrapie Database through a web page interface or other 
means specified by APHIS.
    (iii) Twenty-five sample tags. Additional tags must be submitted if 
requested by APHIS.
    (3) Approval to produce official premises and/or individual 
identification tags will be valid for 1 year and must be renewed 
annually. The Administrator may also grant approval to produce tags for 
periods of less than 1 year in cases where all of the submissions 
required by this section have not been received or evaluated but there 
is substantial evidence that the tags meet the requirements of this 
section. The Administrator may decline to renew a company's approval if 
the tags do not show adequate retention and durability in field use or 
if any of the requirements of this section are not met by the tag 
company. If a company's tags do not show adequate retention and 
durability in field use or if any of the requirements of this section 
are not met by the tag company, the approval may be withdrawn with 60 
days written notice. Any person who is approved to produce official 
premises or individual identification tags in accordance with this 
section and who knowingly produces tags that are not in compliance with 
the requirements of this section, and any person who is not approved to 
produce such tags but does so, shall be subject to such civil penalties 
and such criminal liabilities as are provided by 18 U.S.C. 1001, 7 
U.S.C. 8313, or other applicable Federal statutes. Such action may be in 
addition to, or in lieu of, withdrawal of approval to produce tags.
    (g) New types of identification. Written requests for approval of 
sheep or goat identification devices and markings not listed in 
paragraph (a)(2) of this section should be sent to the Animal and Plant 
Health Inspection Service, Veterinary Services, National Animal Health 
Programs Staff, 4700 River Road Unit 43, Riverdale, MD 20737-1235. If 
the Administrator determines that the devices and markings will provide 
a means of tracing sheep and goats in interstate commerce, a proposal 
will be published in the Federal Register to add the devices and 
markings to the list of approved means of sheep and goat identification.

[66 FR 43990, Aug. 21, 2001, as amended at 68 FR 6343, Feb. 7, 2003; 69 
FR 64650, Nov. 8, 2004]