[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR78.40]

[Page 295-296]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 78_BRUCELLOSIS--Table of Contents
 
               Subpart E_Designation of Brucellosis Areas
 
Sec. 78.40  Designation of States/areas.


    The Administrator may amend Sec. Sec. 78.41 and 78.42 to reclassify 
States and areas as Class Free, Class A, Class B, Class C, or 
quarantined when the Administrator determines that the States or areas 
meet the appropriate

[[Page 296]]

definitions in Sec. 78.1. The Administrator may approve the division of 
a State into two brucellosis classification areas upon finding that: (a) 
The State has legislative and regulatory authority for maintaining 
separate areas; (b) The State has committed resources to enforcing the 
different requirements in each area; (c) The State has an effective 
method for monitoring and controlling movement of cattle across the 
intrastate boundary; (d) The State has defined the intrastate boundary 
by county lines or by recognizable geographic features, such as rivers 
and highways; and (e) Each area of the State meets the standards for the 
brucellosis classification requested. The Administrator may amend Sec. 
78.43 to reclassify States as validated brucellosis-free States or 
remove such status when the Administrator determines that such States 
meet or do not meet the standards of a validated brucellosis-free State 
as defined in Sec. 78.1. In the case of any reclassification to a lower 
class, reclassification as a quarantined State or area, or removal of 
validated brucellosis-free status, the State animal health official of 
the State involved will be notified of such reclassification or removal, 
and will be given an opportunity to present objections and arguments to 
the Administrator prior to the reclassification or removal taking place.

[51 FR 32580, Sept. 12, 1986, as amended at 53 FR 2222, Jan. 27, 1988; 
56 FR 54533, Oct. 22, 1991; 56 FR 55803, Oct. 30, 1991]