Cal. Code Regs. Tit. 3, § 795.62 - Swine Pseudorabies-Mandatory Herd Eradication
(a)
Hold Order. The Secretary shall place all swine on any premises suspected of
being infected with or having been exposed to pseudorabies through either
domestic or feral sources of the disease under a hold order. The Secretary
shall serve either the owner or owner's agent with a hold order that specifies
that the animals are to be held on the premises where found or at another
location as the Secretary may deem necessary.
(1) Upon receipt of a written permit for
movement of animals, swine from a herd under a hold order may only move
directly to a location specified in the permit.
(2) It shall be a violation for an owner or
owner's agent to sell, loan, trade, barter, or otherwise move swine under a
hold order from the identified premises without written permission of the
Secretary.
(b) Herd Plan.
A herd plan for the eradication of pseudorabies from an infected herd shall be
prepared by the owner in cooperation with the Department not later than sixty
days after the date of the hold order. Herds currently under a hold order for
Pseudorabies shall prepare a herd plan not later than 60 days after the
effective date of this regulation.
(1) The
Secretary shall conduct an epidemiological investigation of the infected herd
and premises to determine the actions necessary to eradicate the disease from
the herd.
(2) The owner of an
infected herd may request the participation of a licensed, accredited
veterinarian in the epidemiological investigation and the preparation of the
herd plan. The cost of the services of the participating veterinarian shall be
at the owner's expense.
(3) The
herd plan shall be based on one of the strategies outlined in the Livestock
Conservation Institute's "Swine Pseudorabies Eradication Guidelines", Copyright
1990, or other such strategy as approved by the Secretary. The herd plan shall
specify the methods and actions necessary to eradicate pseudorabies from the
infected herd, and may include herd management practice, modification of
facilities, separation from feral swine, cleaning and disinfection of premises,
and vaccination procedures. The herd plan shall schedule tasks and
accomplishments to provide a realistic probability of eradicating pseudorabies
from the affected herd within 24 months of the date of the hold order, or not
later than 24 months from the effective date of this regulation. Upon a showing
of good cause the 24 month period may be extended by the Secretary.
(4) The herd plan required by (b)(3) shall
constitute an agreement between the owner of the infected herd and the
Secretary. Failure to enter into a herd plan within the time specified in (b)
constitutes a violation.
(c) Expenses. If the owner elects to use
pseudorabies vaccine, the expense of the pseudorabies vaccine shall be the
responsibility of the owner of the infected herd. The use of pseudorabies
vaccine is subject to the Secretary's approval.
(d) Testing. Within 24 months of the date of
the hold order, the Secretary may provide for blood sample collection and
laboratory testing for pseudorabies virus. For the purposes of this section,
the following definitions apply:
(1) "Official
pseudorabies epidemiologist" is a State or Federal veterinarian designated by
the State animal health official and veterinarian in charge to investigate and
diagnose suspected pseudorabies in livestock. The official pseudorabies
epidemiologist is expected to have had special training in the diagnosis and
epidemiology of pseudorabies which will provide the unique qualifications
demanded by the position.
(2)
"Official pseudorabies serological test" - Any official test approved by the
Administrator of Animal and Plant Health Inspection Service, United States
Department of Agriculture for diagnosis of pseudorabies in swine, conducted in
a laboratory approved by the Administrator, and listed in Section
9 of the Code of Federal
Regulations (CFR), Part 85.1, to determine the presence or absence of
pseudorabies antibodies.
(3)
"Official random-sample test (95/10)" - A sampling procedure utilizing official
pseudorabies serological tests which provides a 95-percent probability of
detecting infection in a herd in which at least 10 percent of the swine are
seropositive for pseudorabies. Each segregated group of swine on an individual
premises must be considered a separate herd and sampled as follows: Less than
100 head-test 25, 100-200 head-test 27, 201-999 head-test 28, 1,000 and
over-test 29.
(4) "Official
random-sample test (95/5)" - A sampling procedure utilizing official
pseudorabies serologic tests which provides a 95-percent probability of
detecting infection in a herd in which at least 5 percent of the swine are
seropositive for pseudorabies. Each segregated group of swine on an individual
premises must be considered a separate herd and sampled as follows: Less than
100 head-test 45, 100-200 head-test 51, 201-999 head-test 57, 1,000 and
over-test 59.
(e)
Compliance. If an owner fails or refuses to participate in the development and
execution of the herd plan required by (b), (b)(3), and (b)(4), to comply with
the provisions of the herd plan or to eradicate pseudorabies from the herd
within 24 months, the owner shall be in violation of these regulations. The
owner may appeal to the Secretary for an extension beyond the 24 month
period.
(f) Procedures For Release
of Hold Order. The Secretary shall release the herd of swine from the hold
order when no livestock or other animals on the premises have shown clinical
signs of pseudorabies after removal of positive swine and at least one of the
four following conditions has been met:
(1)
All swine were removed from the premises; the premises were cleaned and
disinfected under official supervision with a disinfectant approved for such
use by United States Department of Agriculture, Animal and Plant Health
Inspection Service, Veterinary Services; and the premises have been maintained
free of swine for 30 days or a period of time determined adequate by an
official pseudorabies epidemiologist.
(2) All swine positive to an official
pseudorabies serological test have been removed from the premises. All
remaining swine, except suckling pigs, were subjected to an official
pseudorabies serological test and found negative 30 days or more after removal
of all positive swine.
(3) All
swine positive to an official pseudorabies serological test have been removed
from the premises; all breeding swine that remain in the herd and an official
random sample (95/10) of grower-finishing swine over 2 months of age are
subjected to an official pseudorabies serological test and found negative 30
days or more after removal of positive swine. A second test of grower-finishing
swine at least 30 days after the first test is required for so long as the
State is in Stage III or IV of the United States Department of Agriculture,
Swine Pseudorabies Eradication Program.
(4) All swine present on the date the hold
order was imposed have been removed, and there have been no clinical signs in
the herd for at least 6 months. Two successive official random sample (95/10)
tests of the breeding herd (95/5 for Stage III States), and two successive
official random sample (95/10) tests of progeny at least 4 months of age,
conducted at least 90 days apart, have been determined by the official
pseudorabies epidemiologist to reveal no infection. Herds released from the
hold order by this provision are required to be tested by an official random
sample (95/10) test one year after release of the hold order. This provision
shall remain in effect for so long as the State is in Stage III of the United
States Department of Agriculture, Swine Pseudorabies Eradication
Program.
(g) The
Secretary may require additional herd tests prior to release of the hold order
if pseudorabies is present on neighboring farms or if reintroduction of
infection into the herd is suspected.
Notes
Note: Authority cited: Sections 407, 9561, 9568, 9569 and 10781, Food and Agricultural Code. Reference: Sections 408, 9163, 9165, 9531, 9565, 9566 and 9567, Food and Agricultural Code.
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