[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR77.24]

[Page 259-260]
 
                  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. 77.24  Modified accredited advanced States or zones.

    (a) The following are modified accredited advanced States: None.
    (b) The following are modified accredited advanced zones: None.
    (c) 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,

[[Page 260]]

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 advanced States 
or zones and its being reclassified as modified accredited.
    (d) If tuberculosis is diagnosed within a modified accredited 
advanced 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 modified accredited.
    (e) Modified accredited advanced State or zone status must be 
renewed annually. To qualify for renewal of a modified accredited 
advanced State or zone status, a State must submit an annual report to 
APHIS certifying that the State or zone complies with all the provisions 
of the ``Uniform Methods and Rules--Bovine Tuberculosis Eradication'' 
regarding modified accredited advanced States. The report must be 
submitted to APHIS each year between October 1 and November 30.
    (f) To qualify for accredited-free status, a modified accredited 
advanced State or zone must demonstrate to the Administrator that it 
complies with the provisions of the ``Uniform Methods and Rules--Bovine 
Tuberculosis Eradication,'' has zero percent prevalence of affected 
captive cervid herds, and has had no findings of tuberculosis in any 
captive cervids in the State or zone for the previous 5 years. Except 
that: The requirement of freedom from tuberculosis is 2 years from the 
depopulation of the last affected herd in States or zones that were 
previously accredited-free and in which all herds affected with 
tuberculosis were depopulated, 3 years in all other States or zones that 
have depopulated all affected herds, and 3 years in States or zones that 
have conducted surveillance that demonstrates that other livestock herds 
and wildlife are not at risk of being infected with tuberculosis, as 
determined by the Administrator based on a risk assessment conducted by 
APHIS.

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