tering establishments specifically approved for the purposes of § 78.5; paragraphs (b) and (c) of § 78.12; and §§ 78.18 and 78.19 are published in the FEDERAL REGISTER. Information with respect to these slaughtering establishments may also be obtained from the Division and from the Federal Inspectors and State Inspectors.

[28 F.R. 5960, June 13, 1963, as amended, 29 F.R. 1559, Jan. 30, 1964]

§ 78.16

Director of Division may designate areas and approve stockyards and slaughtering establishments.

(a) The Director of Division is hereby authorized to amend § 78.13 to designate additional States, or political subdivisions or portions thereof, as modified certified brucellosis areas when he determines that the areas come within the definition in § 78.1(i), and to delete any such area from the list of modified certified brucellosis areas when he determines that the area no longer comes within such definition.

(b) The Director of Division is hereby authorized to amend § 78.14 to add the names of additional stockyards at, which Federal inspection is maintained for the inspection of livestock for communicable diseases and to delete the name of any stockyard at which such Federal inspection is no longer maintained. He is further authorized to specifically approve stockyards for the purposes of the regulations in this part and to promulgate notices listing such stockyards in accordance with § 78.14(b) when he determines that the inspection and handling of livestock at such stockyards are adequate to effectuate the purposes of the regulations and the Division and the State in which such stockyards are loIcated have entered into a memorandum of understanding setting forth certain standards for such stockyards. The Director may withdraw approval and remove any stockyard from the said list when he finds that the inspection or handling of livestock at such stockyard is no longer adequate to effectuate the purposes of such regulations, or when he determines that there is not full compliance with all provisions of the standards involved, or when such memorandum of understanding between the Division and the State within which such stockyard is located has been terminated. The Director of Division is further authorized to specifically approve slaughtering establishments for the purposes of the regu

The

lations in this part and to promulgate notices listing such slaughtering establishments in accordance with § 78.15(b) when he determines that the inspection and handling of livestock or carcasses or products thereof at such slaughtering establishments are adequate to effectuate the purposes of the regulations. Director may remove any slaughtering establishment from the said list when he finds that the inspection or handling of livestock or carcasses or products thereof at such slaughtering establishment is no longer adequate to effectuate the purposes of such regulations.

[28 F.R. 5960, June 13, 1963, as amended, 28 F.R. 11450, Oct. 25, 1963]

Subpart E-Restrictions on Movement of Bison Because of Brucellosis

SOURCE: The provisions of this Subpart E appear at 29 F.R. 1559, Jan. 30, 1964; 29 F.R. 1719, Feb. 5, 1964.

Bison which have reacted to a test recognized by the Secretary of Agriculture for brucellosis may be moved interstate under this subpart, in accordance with the requirements of § 78.5(a), (b), and §§ 78.7 through 78.9, for immediate slaughter directly to a slaughtering establishment operating under the provisions of the Meat Inspection Act of March 4, 1907 (34 Stat. 1260; 21 U.S.C. 71 et. seq.), or a slaughtering establishment specifically approved under § 78.16 (b) for the purposes of § 78.5.

§ 78.19 Movement of bison for immediate slaughter.

Bison not known to be affected with brucellosis may be moved interstate under this subpart for immediate slaughter directly to a slaughtering establishment operating under the provisions of the Meat Inspection Act of March 4, 1907 (34 Stat. 1260; 21 U.S.C. 71 et seq.), or a slaughtering establishment specifically approved under § 78.16(b).

(b) Bison of the following classes. from herds not known to be affected with brucellosis, may be moved interstate under this subpart if accompanied by a certificate issued by a State or Federal inspector or an accredited veterinarian showing (1) the brucellosis status of the herd of origin (brucellosis-free or unknown); (2) whether or not the animals have been officially vaccinated against brucellosis; (3) the eartag number, brand or other positive identification of each animal; (4) the name and address of the consignor and that of the consignee of the animals; and (5) the destination of the animals:

(i) Bison which have been subjected to a blood agglutination brucellosis test or other brucellosis test recognized by the Secretary of Agriculture, under the supervision of a Federal or State veterinary official or an accredited veterinarian, within 30 days prior to the date of movement interstate, and found negative. If reactors to the test are found among animals so tested, the exposed animals may be moved interstate only under the provisions of § 78.19.

(ii) Officially vaccinated bison under 30 months of age which are not parturient (springers) or post-parturient.

(iii) Bison from a herd which has been declared free of brucellosis by the cooperating State and Federal livestock sanitary officials of the State in which the herd is located.

(iv) Bison calves under 4 months of age. § 78.21

Movement of bison from public zoo to public zoo.

Bison originating in a zoo owned by the public moving to another such zoo and handled in accordance with § 78.22 may be moved interstate without further restriction under this subpart.

§ 78.22

Handling of bison in transit.

Bison moving under §§ 78.19, 78.20, or 78.21 of this subpart shall be moved interstate only in clean vehicles, and, if unloaded in the course of such movement, shall be handled only in clean pens at stockyards, or feed, water, and rest stations.

§ 78.23 Other movements.

The Director of the Division may provide for the movement, not otherwise provided for in this subpart, of bison not known to have reacted to a test for brucellosis, under such conditions as he may prescribe to prevent the spread of

Sec.

79.1

79.3

79.4

79.5

PART 79-SCRAPIE IN SHEEP

Definitions.

General restriction.

Movement of sheep from and through a quarantined area.

Disinfection of facilities.

AUTHORITY: The provisions of this Part 79 issued under secs. 4, 5, 23 Stat. 32, as amended, secs. 1, 2, 32 Stat. 791, as amended, 792, as amended, secs. 1, 3, 33 Stat. 1264, as amended, 1265, as amended; 21 U. S. C. 111113, 120, 121, 123, 125. Interpret or apply secs. 6, 7, 23 Stat. 32, as amended, secs. 2, 4, 33 Stat. 1264, as amended, 1265, as amended; 21 U.S. C. 115, 117, 124, 126.

SOURCE: The provisions of this Part 79 appear at 28 F.R. 5960, June 13, 1963, except as otherwise noted.

As used in this part, the following terms shall have the meanings set forth in this section.

(a) Division. The term "Division” means the Animal Disease Eradication Division of the United States Department of Agriculture.

The

(b) Director of the Division. term "Director of the Division" means the Director of the Division or any other official of the Division to whom authority has heretofore been delegated or may hereafter be delegated to act in his stead.

(c) Division inspector. The term "Division inspector" means an inspector of the Division.

(d) Person. The term "person" means any person, company or corporation.

(e) Moved. The term "moved" means transported, shipped, delivered or received for transportation, driven on foot or caused to be driven on foot, by any person.

(f) State. Any State, Territory, the District of Columbia, or Puerto Rico.

(g) Interstate. From one State into or through any other State.

[28 F.R. 5960, June 13, 1963, as amended, 29 F.R. 14490, Oct. 22, 1964]

§ 79.3 General restriction.

No sheep shall be moved interstate from or through any quarantined area except as provided in the regulations in this part.

§ 79.4 Movement of sheep from and through a quarantined area.

(a) Sheep that have been directly exposed to scrapie may be moved interstate for immediate slaughter from any quarantined area under conditions prescribed in advance by a Division inspector in each instance, to an establishment approved for that purpose by the Director of the Division, if such sheep are not infected with scrapie at the time of such movement.

(b) Sheep of flocks in a quarantined area which upon inspection are found not to show evidence of being infected with scrapie, and insofar as can be determined have not been exposed thereto, may be moved interstate for any purpose. Such inspection shall be made by a Division inspector and sheep so moved shall be accompanied by a certificate from such inspector showing that the sheep are free from scrapie and other contagious or communicable diseases and insofar as can be determined such sheep have not been exposed to scrapie or other contagious or communicable diseases.

(c) The Director of the Division may authorize the movement of sheep not infected with scrapie which is not otherwise authorized by this section under such conditions as he may prescribe to prevent the spread of scrapie.

(d) Sheep may be moved in direct transit between points outside the quarantined area through any such quarantined area without restriction under this part.

§ 79.5

Disinfection of facilities.

Railroad cars, trucks, boats, and all other facilities, including facilities for feeding, watering, and resting sheep, which are used in connection with the interstate movement of sheep from a quarantined area shall be thoroughly cleaned and disinfected immediately after each such use. Sodium hydroxide (lye) at the rate of 13 ounces to 5 gallons of water, or sodium carbonate (soda ash) at the rate of 1 pound to 3 gallons of water, or sal soda at the rate of 131⁄2 ounces to 1 gallon of water, shall be used in such disinfection.

AUTHORITY: The provisions of this Part 80 issued under secs. 4, 5, 23 Stat. 32, as amended, secs. 1, 2, 32 Stat. 791, as amended, 792, as amended, sec. 3, 33 Stat. 1265, as amended, sec. 13, 65 Stat. 693; 21 U. S. C. 111113, 114a-1, 120, 121, 125. Interpret or apply secs. 6, 7, 23 Stat. 32, as amended; 21 U. S. C. 115, 117.

SOURCE: The provisions of this Part 80 appear at 28 F.R. 5961, June 13, 1963, except as otherwise noted.

The infectious

(a) Paratuberculosis. and communicable disease of domestic animals commonly known as Johne's disease and paratuberculosis.

(b) State. Any State, Territory, the District of Columbia, or Puerto Rico.

(c) Interstate. From one State into or through any other State.

(d) Person. Any person, company, or corporation.

(e) Moved. Shipped, transported or otherwise moved, or delivered or received for movement, by any person.

(f) Public stockyard. A stockyard designated in § 78.14(a) of this subchapter where trading in livestock is carried on, where yarding, feeding, and watering facilities are provided by the stockyard, transportation, or similar company, and where Federal inspection is maintained for the inspection of livestock for communicable diseases.

(g) Federal inspector. An inspector of the Agricultural Research Service, United States Department of Agriculture, responsible for the performance of the function involved.

(h) State inspector. An inspector regularly employed in livestock sanitary work of a State or political subdivision thereof, and who is authorized by such State or political subdivision to perform the function involved.

(i) Accredited veterinarian. A veterinarian approved by the United States

Department of Agriculture to perform the function involved.

(j) Specifically approved stockyard. A stockyard specifically approved with respect to brucellosis reactors pursuant to § 78.16(b) of this subchapter.

[28 F.R. 5961, June 13, 1963, as amended, 29 F.R. 14490, Oct. 22, 1964]

§ 80.2 Notice relating to existence of paratuberculosis.

On June 5, 1952, the Secretary of Agriculture issued a notice that the contagion of paratuberculosis exists in domestic animals in Puerto Rico and in each State of the Continental United States except Arizona, Maine, New Hampshire, Rhode Island, Utah, and Wyoming (17 F.R. 5260).

Domestic animals which have reacted to a test recognized by the Secretary of Agricultre for paratuberculosis may be moved interstate under this part for immediate slaughter direct to a slaughtering establishment operating under the provisions of the Meat Inspection Act of March 4, 1907 (34 Stat. 1260; 21 U.S.C. 71 et seq.), or a slaughtering establishment specifically approved with respect to brucellosis reactors pursuant to § 78.16(b) of this subchapter, or to a public stockyard or a specifically approved stockyard for sale to such a slaughtering establishment, in accordance with the following requirements:

(a) Cattle which have reacted to such a test shall be marked for identification by branding the letter "T" on the left jaw in letters not less than 2 nor more than 3 inches high, and attaching to the left ear a metal tag bearing a serial number and the inscription "U. S. B. A. I. Reacted," or "U. S. Reacted," or a similar State reactor tag. Such a metal tag. affixed to the left ear, shall be sufficient identification for reactors other than cattle.

(b) The reactors shall be accompanied to destination, in accordance with § 80.9, by a certificate issued by a Federal or State inspector or an accredited veterinarian showing: (1) That the animals have reacted to a test recognized by the Secretary of Agriculture for paratuber

culosis; (2) the reactor tag number of each animal and the name of the owner of such animal when it was tested for paratuberculosis; (3) that the animals may be moved interstate; (4) the destination to which they are to be moved; and (5) the purpose for which they are moved.

§ 80.5 Reshipment of purebred paratuberculosis reactors.

Purebred animals which have been moved interstate for breeding purposes, and which, subsequent to such movement, have reacted to a test recognized by the Secretary of Agriculture for paratuberculosis, may be reshipped interstate under this part for purposes other than immediate slaughter in accordance with the requirements set forth in paragraphs (a) and (b) of § 80.4 and with the following additional requirements:

(a) The reactors shall be returned to the point of origin, consigned to the original owner.

(b) Test charts for the original test and any subsequent retest, showing that such tests were properly conducted, shall be submitted for examination to the person who issues the certificate required by § 80.4 (b).

(c) The reactors shall not be shipped to any State without specific provision by the appropriate livestock sanitary official thereof for the segregation or quarantine of such reactors until their death by slaughter or from natural

causes.

(d) The reactors, after return to the point of origin, shall not again be moved interstate except for immediate slaughter in accordance with the provisions of § 80.4.

§ 80.6 Marking of records.

Each transportation agency moving paratuberculosis reactors in the course of their interstate movement shall plainly write or stamp upon the face of each waybill, conductor's manifest, switch order, vehicle interchange record, and similar record, which it prepares in connection with such movement, the words "Paratuberculosis Reactors" and a statement to the effect that the railroad car, boat, truck or vehicle, in which the animals are transported is to be cleaned and disinfected.

§ 80.7 Cleaning and disinfecting vehicles.

(a) Each railroad car, boat, truck, or other vehicle, in which para

tuberculosis reactors are transported interstate shall be cleaned and disinfected in accordance with the provisions of §8 71.4, 71.7, 71.9, 71.10, and 71.11 of this subchapter: Provided, however, That such vehicles may be cleaned and disinfected under the supervision of a Federal or State inspector or an accredited veterinarian: And provided, further, That if such supervision or proper cleaning and disinfection facilities are not available at the point where the animals are unloaded, upon permission first secured from the Animal Disease Eradication Division, Agricultural Research Service, United States Department of Agriculture, the vehicle may be forwarded empty to a point at which such supervision and facilities are available and there be cleaned and disinfected.

(b) Each railroad car, boat, truck, or other vehicle, from which paratuberculosis reactors moved interstate are transferred en route to destination, shall be cleaned and disinfected, by the transportation agency delivering the vehicle to such point of transfer, under the supervision of a Federal or State inspector or an accredited veterinarian, immediately after unloading of the animals and before being moved from such point of transfer, in accordance with the provisions of §§ 71.9 through 71.11 of this subchapter: Provided, however, That if such supervision or proper cleaning and disinfection facilities are not available at such point of transfer, upon having first secured permission from the Animal Disease Eradication Division, the vehicle may be forwarded empty to a point at which such supervision and facilities are available and there be cleaned and disinfected.

§ 80.8 Segregation of paratuberculosis reactors en route interstate.

Paratuberculosis reactors shall not be moved interstate in a railroad car, boat, truck, or other vehicle, containing healthy animals susceptible to paratuberculosis unless all of the animals are for immediate slaughter, or unless the reactors are kept separate from the other animals by a partition securely affixed to the sides of the vehicle.

§ 80.9 Certificates pertaining to movement of animals.

(a) Whenever the regulations in this part require a certificate in connection with the movement of animals and the animals are moved by a transportation