[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: 9CFR78.9]

[Page 298-304]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 78_BRUCELLOSIS--Table of Contents
 
   Subpart B_Restrictions on Interstate Movement of Cattle Because of 
                               Brucellosis
 
Sec. 78.9  Cattle from herds not known to be affected.

    Male cattle which are not test eligible and are from herds not known 
to be affected may be moved interstate without further restriction. 
Female cattle which are not test eligible and are from herds not known 
to be affected may be moved interstate only in accordance with Sec. 
78.10 of this part and this section. Test-eligible cattle which are not 
brucellosis exposed and are from herds not known to be affected may be 
moved interstate only in accordance with Sec. 78.10 and as follows:
    (a) Class Free States/areas. Test-eligible cattle which originate in 
Class Free States or areas, are not brucellosis exposed, and are from a 
herd not known to be affected may be moved interstate from Class Free 
States or areas only as specified below:
    (1) Movement to recognized slaughtering establishments. (i) Such 
cattle may be moved interstate directly to a recognized slaughtering 
establishment or directly to a specifically approved stockyard and then 
directly to a recognized slaughtering establishment without restriction 
under this subpart.
    (ii) Such cattle may be moved interstate from a farm of origin 
directly to an approved intermediate handling facility and then directly 
to a recognized slaughtering establishment if accompanied by a permit.
    (iii) Such cattle may be moved interstate from other than a farm of 
origin directly to an approved intermediate handling facility and then 
directly to a recognized slaughtering establishment if such cattle are 
accompanied by a permit.
    (2) Movement to quarantined feedlots. Such cattle may be moved 
interstate without restriction under this subpart directly to a 
quarantined feedlot, or directly to a specifically approved stockyard 
and then directly to a quarantined feedlot, or directly to a 
specifically approved stockyard and then directly to an approved 
intermediate handling facility and then directly to a quarantined 
feedlot, or directly to an approved intermediate handling facility and 
then directly to a quarantined feedlot.
    (3) Movement other than in accordance with paragraphs (a)(1) and (2) 
of this section. Such cattle may be moved interstate other than in 
accordance with paragraphs (a)(1) and (2) of this section only if:
    (i) Such cattle are moved interstate from a farm of origin directly 
to a specifically approved stockyard; or
    (ii) Such cattle are moved interstate from a farm of origin or 
returned interstate to a farm of origin in the course of normal ranching 
operations, without change of ownership, directly to or from another 
premises owned, leased, or rented by the same individual; or
    (iii) Such cattle are moved interstate accompanied by a certificate 
which states, in addition to the items specified in Sec. 78.1, that the 
cattle originated in a Class Free State or area.
    (b) Class A States/areas. Test-eligible cattle which originate in 
Class A States or areas, are not brucellosis exposed, and are from a 
herd not known to be affected may be moved interstate from Class A 
States or areas only as specified below:
    (1) Movement to recognized slaughtering establishments. (i) Such 
cattle may be moved interstate from a farm of origin or nonquarantined 
feedlot directly to a recognized slaughtering establishment or directly 
to a specifically approved

[[Page 299]]

stockyard and then directly to a recognized slaughtering establishment 
without restriction under this subpart.
    (ii) Such cattle may be moved interstate from a farm of origin 
directly to an approved intermediate handling facility without 
restriction under this subpart.
    (iii) Such cattle from other than a farm of origin or nonquarantined 
feedlot may be moved interstate directly to a recognized slaughtering 
establishment or directly to a specifically approved stockyard and then 
directly to a recognized slaughtering establishment if identity to the 
Class A State or area is maintained by means of identification tag 
numbers appearing on sale records showing the consignor or by penning 
cattle from the farm or State or area apart from other animals.
    (iv) Such cattle from other than a farm of origin may be moved 
interstate accompanied by a permit.
    (A) Directly to an approved intermediate handling facility and then 
directly to a recognized slaughtering establishment; or
    (B) Directly to a specifically approved stockyard and then directly 
to an approved intermediate handling facility and then directly to a 
recognized slaughtering establishment.
    (2) Movement to quarantined feedlots. (i) Such cattle may be moved 
interstate from a farm of origin directly to a quarantined feedlot, or 
directly to a specifically approved stockyard and then directly to a 
quarantined feedlot, or directly to a specifically approved stockyard 
and then directly to an approved intermediate handling facility and then 
directly to a quarantined feedlot, or directly to an approved 
intermediate handling facility and then directly to a quarantined 
feedlot, if the identity of the farm of origin of the cattle is 
maintained by means of identification tag numbers appearing on sale 
records showing the consignor or by penning cattle from the farm of 
origin apart from other animals.
    (ii) Such cattle from other than a farm of origin may be moved 
interstate directly to a quarantined feedlot or directly to a 
specifically approved stockyard and then directly to a quarantined 
feedlot if identity to the Class A State or area is maintained by means 
of identification tag numbers appearing on sale records showing the 
consignor or by penning cattle from one farm or State or area apart from 
other animals.
    (3) Movement other than in accordance with paragraphs (b)(1) and (2) 
of this section. Such cattle may be moved interstate other than in 
accordance with paragraphs (b)(1) and (2) of this section only if:
    (i) Such cattle originate in a certified brucellosis-free herd and 
are accompanied interstate by a certificate which states, in addition to 
the items specified in Sec. 78.1, that the cattle originated in a 
certified brucellosis-free herd; or
    (ii) Such cattle are negative to an official test within 30 days 
prior to such interstate movement and are accompanied interstate by a 
certificate which states, in addition to the items specified in Sec. 
78.1, the test dates and results of the official tests; or
    (iii) Such cattle are moved interstate from a farm of origin 
directly to a specifically approved stockyard and are subjected to an 
official test upon arrival at the specifically approved stockyard prior 
to losing their identity with the farm of origin; or
    (iv) Such cattle are moved interstate from a farm of origin or 
returned interstate to a farm of origin in the course of normal ranching 
operations, without change of ownership, directly to or from another 
premises owned, leased, or rented by the same individual.
    (c) Class B States/areas. Test-eligible cattle which originate in 
Class B States or areas, are not brucellosis exposed, and are from a 
herd not known to be affected may be moved interstate from Class B 
States or areas only under the conditions specified below:
    (1) Movement to recognized slaughtering establishments. (i) Such 
cattle may be moved interstate from a farm of origin or a nonquarantined 
feedlot directly to a recognized slaughtering establishment without 
restriction under this subpart.
    (ii) Such cattle may be moved interstate from a farm of origin 
directly to an approved intermediate handling facility without 
restriction under this subpart.

[[Page 300]]

    (iii) Such cattle may be moved interstate from a nonquarantined 
feedlot directly to an approved intermediate handling facility and then 
directly to a recognized slaughtering establishment if they are 
accompanied by a permit or ``S'' brand permit.
    (iv) Such cattle may be moved interstate from a farm of origin or a 
nonquarantined feedlot directly to a specifically approved stockyard and 
then to a recognized slaughtering establishment if:
    (A) They are negative to an official test conducted at the 
specifically approved stockyard and are accompanied to slaughter by a 
certificate or ``S'' brand permit which states, in addition to the items 
specified in Sec. 78.1, the test dates and results of the official 
tests; or
    (B) They originate from a certified brucellosis-free herd and 
identity to the certified brucellosis-free herd is maintained; or
    (C) They are ``S'' branded at the specifically approved stockyard, 
accompanied by an ``S'' brand permit, and moved directly to a recognized 
slaughtering establishment; or
    (D) They are moved from the specifically approved stockyard 
accompanied by an ``S'' brand permit and in vehicles closed with 
official seals applied and removed by an APHIS representative, a State 
representative, an accredited veterinarian, or an individual authorized 
for this purpose by an APHIS representative.

The official seal numbers must be recorded on the accompanying ``S'' 
brand permit.
    (v) Such cattle may be moved interstate from a farm of origin or a 
nonquarantined feedlot directly to a specifically approved stockyard and 
then to an approved intermediate handling facility and then directly to 
a recognized slaughtering establishment if:
    (A) They are negative to an official test conducted at the 
specifically approved stockyard and are accompanied by an ``S'' brand 
permit which states, in addition to the items specified in Sec. 78.1, 
the test dates and results of the official tests; or
    (B) They originate from a certified brucellosis-free herd, identity 
to the certified brucellosis-free herd is maintained, and they are 
accompanied by an ``S'' brand permit; or
    (C) They are ``S'' branded at the specifically approved stockyard, 
accompanied by an ``S'' brand permit, and moved directly to an approved 
intermediate handling facility; or
    (D) They are accompanied by an ``S'' brand permit and moved in 
vehicles closed with official seals applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative. The 
official seal numbers must be recorded on the accompanying ``S'' brand 
permit.
    (vi) Such cattle from other than a farm of origin or a 
nonquarantined feedlot may be moved interstate to a recognized 
slaughtering establishment only if:
    (A) They are negative to an official test within 30 days prior to 
such interstate movement and are accompanied by a certificate or ``S'' 
brand permit which states, in addition to the items specified in Sec. 
78.1, the test dates and results of the official tests; or
    (B) They originate from a certified brucellosis-free herd and 
identity to the certified brucellosis-free herd is maintained; or
    (C) They are ``S'' branded, accompanied by an ``S'' brand permit, 
and moved directly to a recognized slaughtering establishment; or
    (D) They are accompanied by an ``S'' brand permit and moved in 
vehicles closed with official seals applied and removed by an APHIS 
representative, a State representative, an accredited veterinarian, or 
by an individual authorized for this purpose by an APHIS representative.

The official seal numbers must be recorded on the accompanying ``S'' 
brand permit.
    (vii) Such cattle from other than a farm of origin or a 
nonquarantined feedlot may be moved interstate to an approved 
intermediate handling facility and then directly to a recognized 
slaughtering establishment only if:
    (A) They are negative to an official test within 30 days prior to 
such interstate movement and are accompanied by a permit or ``S'' brand 
permit which

[[Page 301]]

states, in addition to the items specified in Sec. 78.1, the test dates 
and results of the official tests; or
    (B) They originate from a certified brucellosis-free herd, identity 
to the certified brucellosis-free herd is maintained, and they are 
accompanied by an ``S'' brand permit; or
    (C) They are ``S'' branded, accompanied by an ``S'' brand permit, 
and moved directly to an approved intermediate handling facility; or
    (D) They are accompanied by an ``S'' brand permit and moved in 
vehicles closed with official seals applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative. The 
official seal numbers must be recorded on the accompanying ``S'' brand 
permit.
    (2) Movement to quarantined feedlots. (i) Such cattle may be moved 
interstate from a farm of origin directly to:
    (A) A quarantined feedlot if such cattle are ``S'' branded upon 
arrival at the quarantined feedlot; or
    (B) A specifically approved stockyard and then directly to a 
quarantined feedlot or directly to an approved intermediate handling 
facility and then directly to a quarantined feedlot, if the cattle are 
``S'' branded upon arrival at the specifically approved stockyard and 
are accompanied to the quarantined feedlot by an ``S'' brand permit; or
    (C) An approved intermediate handling facility and then directly to 
a quarantined feedlot, if the cattle are ``S'' branded upon arrival at 
the approved intermediate handling facility and are accompanied to the 
quarantined feedlot by an ``S'' brand permit; or
    (D) A quarantined feedlot, a specifically approved stockyard and 
then directly to a quarantined feedlot, or an approved intermediate 
handling facility and then directly to a quarantined feedlot if the 
cattle are accompanied by an ``S'' brand permit and moved in vehicles 
closed with official seals applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative. The 
official seal numbers must be recorded on the accompanying ``S'' brand 
permit.
    (ii) Such cattle from other than a farm of origin may be moved 
interstate to a quarantined feedlot if:
    (A) They are negative to an official test within 30 days prior to 
such movement and are accompanied by a certificate which states, in 
addition to the items specified in Sec. 78.1, the test dates and 
results of the official tests; or
    (B) They are ``S'' branded, accompanied by an ``S'' brand permit, 
and moved directly to a quarantined feedlot; or
    (C) They are accompanied by an ``S'' brand permit and moved in 
vehicles closed with official seals applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative. The 
official seal numbers must be recorded on the accompanying ``S'' brand 
permit.
    (3) Movement other than in accordance with paragraphs (c)(1) and (2) 
of this section. Such cattle may be moved interstate other than in 
accordance with paragraphs (c)(1) and (2) of this section only if:
    (i) Such cattle originate in a certified brucellosis-free herd and 
are accompanied interstate by a certificate which states, in addition to 
the items specified in Sec. 78.1, that the cattle originated in a 
certified brucellosis-free herd; or
    (ii) Such cattle are negative to an official test within 30 days 
prior to interstate movement, have been issued a permit for entry, and 
are accompanied interstate by a certificate which states, in addition to 
the items specified in Sec. 78.1, the test dates and results of the 
official tests; or
    (iii) Such cattle are moved interstate from a farm of origin 
directly to a specifically approved stockyard and are subjected to an 
official test upon arrival at the specifically approved stockyard prior 
to losing their identity with the farm of origin; or
    (iv) Such cattle are moved interstate from a farm of origin or 
returned interstate to a farm of origin in the course of normal ranching 
operations, without change of ownership, directly to or from another 
premises owned, leased or rented by the same individual, and (A)

[[Page 302]]

The cattle being moved originate from a herd in which (1) All the cattle 
were negative to a herd blood test within 1 year prior to the interstate 
movement; (2) Any cattle added to the herd after such herd blood test 
were negative to an official test within 30 days prior to the date the 
cattle were added to the herd; (3) None of the cattle in the herd have 
come in contact with any other cattle; and (B) The cattle are 
accompanied interstate by a document which states the dates and results 
of the herd blood test and the name of the laboratory in which the 
official tests were conducted.
    (v) The State animal health officials of the State of origin and 
State of destination may waive the requirements of paragraph (c)(3)(iv) 
of this section in writing.
    (d) Class C States/areas. All female cattle and test-eligible male 
cattle which originate in Class C States or areas, are not brucellosis 
exposed, and are from a herd not known to be affected may be moved 
interstate from Class C States or areas only under the conditions 
specified below:
    (1) Movement to recognized slaughtering establishments. (i) Such 
cattle may be moved interstate from a farm of origin or a nonquarantined 
feedlot directly to a recognized slaughtering establishment without 
restriction under this subpart.
    (ii) Such cattle may be moved interstate from a farm of origin 
directly to an approved intermediate handling facility without 
restriction under this subpart.
    (iii) Such cattle may be moved interstate from a nonquarantined 
feedlot directly to an approved intermediate handling facility and then 
directly to a recognized slaughtering establishment if they are 
accompanied by a permit or ``S'' brand permit.
    (iv) Such cattle may be moved interstate from a farm of origin or a 
nonquarantined feedlot directly to a specifically approved stockyard and 
then to a recognized slaughtering establishment if:
    (A) They are negative to an official test conducted at the 
specifically approved stockyard and are accompanied by a certificate or 
``S'' brand permit which states, in addition to the items specified in 
Sec. 78.1, the test dates and results of the official tests; or
    (B) They originate from a certified brucellosis-free herd and 
identity to the certified brucellosis-free herd is maintained; or
    (C) They are ``S'' branded at the specifically approved stockyard, 
accompanied by an ``S'' brand permit, and moved directly to a recognized 
slaughtering establishment; or
    (D) They are moved from the specifically approved stockyard 
accompanied by an ``S'' brand permit and in vehicles closed with 
official seals applied and removed by an APHIS representative, a State 
representative, an accredited veterinarian, or an individual authorized 
for this purpose by an APHIS representative.

The official seal numbers must be recorded on the accompanying ``S'' 
brand permit.
    (v) Such cattle may be moved interstate from a farm of origin or a 
nonquarantined feedlot directly to a specifically approved stockyard and 
then to an approved intermediate handling facility and then directly to 
a recognized slaughtering establishment if:
    (A) They are negative to an official test conducted at the 
specifically approved stockyard and are accompanied by an ``S'' brand 
permit which states, in addition to the items specified in Sec. 78.1, 
the test dates and results of the official tests; or
    (B) They originate from a certified brucellosis-free herd, identity 
to the certified brucellosis-free herd is maintained, and they are 
accompanied by an ``S'' brand permit; or
    (C) They are ``S'' branded at the specifically approved stockyard, 
accompanied by an ``S'' brand permit, and moved directly to an approved 
intermediate handling facility; or
    (D) They are accompanied by an ``S'' brand permit and moved in 
vehicles closed with official seals applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative. The 
official seal numbers must be recorded on the accompanying ``S'' brand 
permit.
    (vi) Such cattle from other than a farm of origin or a 
nonquarantined

[[Page 303]]

feedlot may be moved interstate to a recognized slaughtering 
establishment only if:
    (A) They are negative to an official test within 30 days prior to 
such interstate movement and are accompanied by a certificate or ``S'' 
brand permit which states, in addition to the items specified in Sec. 
78.1, the test dates and results of the official tests; or
    (B) They originate from a certified brucellosis-free herd and 
identity to the certified brucellosis-free herd is maintained; or
    (C) They are ``S'' branded, accompanied by an ``S'' brand permit, 
and moved directly to a recognized slaughtering establishment; or
    (D) They are accompanied by an ``S'' brand permit and moved in 
vehicles closed with official seals applied and removed by an APHIS 
representative, a State representative, an accredited veterinarian, or 
by an individual authorized for this purpose by the APHIS 
representative.

The official seal numbers must be recorded on the accompanying ``S'' 
brand permit.
    (vii) Such cattle from other than a farm of origin or a 
nonquarantined feedlot may be moved interstate to an approved 
intermediate handling facility and then directly to a recognized 
slaughtering establishment only if:
    (A) They are negative to an official test within 30 days prior to 
such interstate movement and are accompanied by a permit or ``S'' brand 
permit which states, in addition to the items specified in Sec. 78.1, 
the test dates and results of the official tests; or
    (B) They originate from a certified brucellosis-free herd, identity 
to the certified brucellosis-free herd is maintained, and they are 
accompanied by an ``S'' brand permit; or
    (C) They are ``S'' branded, accompanied by an ``S'' brand permit, 
and moved directly to an approved intermediate handling facility; or
    (D) They are accompanied by an ``S'' brand permit and moved in 
vehicles closed with official seals applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative. The 
official seal numbers must be recorded on the accompanying ``S'' brand 
permit.
    (2) Movement to quarantined feedlots. (i) Such cattle may be moved 
interstate from a farm of origin directly to:
    (A) A quarantined feedlot if such cattle are ``S'' branded upon 
arrival at the quarantined feedlot; or
    (B) A specifically approved stockyard and then directly to a 
quarantined feedlot, or directly to an approved intermediate handling 
facility and then directly to a quarantined feedlot, if the cattle are 
``S'' branded upon arrival at the specifically approved stockyard and 
are accompanied to the quarantined feedlot by an ``S'' brand permit; or
    (C) An approved intermediate handling facility and then directly to 
a quarantined feedlot, if the cattle are ``S'' branded upon arrival at 
the approved intermediate handling facility and are accompanied to the 
quarantined feedlot by an ``S'' brand permit; or
    (D) A quarantined feedlot, a specifically approved stockyard and 
then directly to a quarantined feedlot, or an approved intermediate 
handling facility and then directly to a quarantined feedlot if the 
cattle are accompanied by an ``S'' brand permit and moved in vehicles 
closed with official seals applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative. The 
official seal numbers must be recorded on the accompanying ``S'' brand 
permit.
    (ii) Such cattle from other than a farm of origin may be moved 
interstate to a quarantined feedlot if:
    (A) They are negative to an official test within 30 days prior to 
such movement and are accompanied by a certificate which states, in 
addition to the items specified in Sec. 78.1, the test dates and 
results of the official tests; or
    (B) They are ``S'' branded, accompanied by an ``S'' brand permit, 
and moved directly to a quarantined feedlot; or
    (C) They are accompanied by an ``S'' brand permit and moved in 
vehicles closed with official seals applied and removed by an APHIS 
representative,

[[Page 304]]

State representative, accredited veterinarian, or an individual 
authorized for this purpose by an APHIS representative. The official 
seal numbers must be recorded on the accompanying ``S'' brand permit.
    (3) Movement other than in accordance with paragraphs (d)(1) or (2) 
of this section. Such cattle may be moved interstate other than in 
accordance with paragraphs (d)(1) or (2) of this section only if such 
cattle originate in a certified brucellosis-free herd and are 
accompanied interstate by a certificate which states, in addition to the 
items specified in Sec. 78.1 of this part, that the cattle originated 
in a certified brucellosis-free herd.

(Approved by the Office of Management and Budget under control number 
0579-0051)

[51 FR 32580, Sept. 12, 1986, as amended at 54 FR 1925, Jan. 18, 1989; 
56 FR 54533, 54534, Oct. 22, 1991; 56 FR 58638, Nov. 21, 1991; 59 FR 
67133, Dec. 29, 1994; 60 FR 48368, Sept. 19, 1995]