8 CCR 1201-16 Part 8 - Statement of Basis, Specific Statutory Authority and Purpose
STATEMENT OF BASIS AND PURPOSE
This rule is adopted by the Colorado State Agricultural Commission pursuant to Section 35-50-101, C.R.S. (1998).
The purposes of this rule are to define requirements for the importation into Colorado of breeding sheep and for public sheep and goat sales and define the procedures which will be applicable for scrapie infected, source and trace flocks.
FACTUAL ISSUES ENCOUNTERED IN DEVELOPING THESE RULES.
Science has shown that scrapie transmission is primarily as result of a scrapie infected ewe's placenta and amniotic fluid at parturition taken in orally by a scrapie susceptible animal. Further, science has shown that a ewe with a resistant gene R at the 171 codon will not pass the scrapie infective agent when she was intentionally exposed to the infective agent.
The most promising strategy for the control and eradication of scrapie is the use of resistant genotype ram to assure that all progeny contains at least one resistant gene, regardless what the dam's genotype. Using homogeneous resistant rams RR in an infected or source flock will virtually eliminate scrapie transmission. Scrapie infected or source flocks that embrace the resistant genotype strategy as part of the flock plan should be permitted to sell animals that are either QR or RR genotype. However, it is important that all susceptible animals be restricted until eliminated from such flocks by euthanasia and disposal and that only homozygous resistant rams be used for breeding in such flocks, thus assuring that all progeny will be scrapie resistant and that the scrapie agent will not be introduced into other flocks through the movements of scrapie susceptible animals.
Rule concept: Sheep or goats originating from a scrapie infected or source flock both intra and interstate shall be allowed to sell in Colorado if the genotype is confirmed to be QR or RR at the 171 codon.
The seller of such sheep shall be responsible to have such sheep genotyped, but an accredited veterinarian or state or federal animal health official must have taken the specimen and submitted it to an official laboratory.
At the discretion of the State Veterinarian a second genotyping sample may be required at the owner's expense. If there is a discrepancy in test results indicating a QQ genotype, the animal shall not be sold in Colorado.
This rule is adopted by the Commissioner of Agriculture and approved by the Colorado State Agriculture Commission pursuant to Section 35-50-105(3), C.R.S. (2005).
The rule is designed to address the control and eradication of scrapie. Scrapie is a transmissible, degenerative disease affecting the central nervous system of sheep and goats. It is usually transmitted to a susceptible sheep at birth. Goat transmission is not understood as yet. This rule defines the requirements for importing breeding sheep and goats into Colorado, sets forth identification requirements for the transfer of ownership or the exhibition of sheep and goats, and establishes disease protocols for sheep and goat flocks/herds infected with scrapie. This rule is necessary to bring Colorado's standards into compliance with federal scrapie rules so that Colorado can be deemed to be a scrapie-compliant state. This in turn affects Colorado's ability to qualify for grants under various federal disease control programs and allows less stringent interstate movement. Genetic testing has shown that ewes with certain resistant genes will not transmit scrapie to their offspring. These genetic tests refer to both a gene type indicated by a capital letter ("R, Q, A or V") and to a marker or "codon" indicating the location on a strand of genetic material ("codon 171 or 136"). This rule sets forth the combinations of genotypes and codons that are used to determine an animal's susceptibility to scrapie infection. It is necessary to understand these terms in order to understand the scope of the rule. This rule uses these terms in order to track the federal program addressing scrapie control and eradication in sheep and goats.
Scrapie in sheep is transmitted primarily due to the oral ingestion by a susceptible animal of an infected ewe's placenta and amniotic fluid at birth. However, testing shows that a ewe with a resistant gene R at the 171 codon will not pass the scrapie infective agent after being intentionally exposed to the infective agent.
In addition, a gene at a second codon may be necessary to provide resistance to a "valine" strain of scrapie. The valine strain although uncommon at present, may be transmitted by a QR individual. Therefore, if valine strain is found, animals with the QR genotype at codon 171 must be tested at codon 136 and have AA to be classed as resistant animals. If they have AV at codon 136, they could be susceptible.
Statutory Authority
This rule is amended and adopted pursuant to the Commissioner's authorities found at § 35-50-105(3)(a), (c), (f), (h), and (p), C.R.S.
Purpose
The purpose of this rule-making is to update matters related to the requirements for importation into Colorado of breeding sheep and for public sheep and goat sales and to define the procedures that will be applicable for scrapie-infected source and trace flocks.
Factual and Policy Issues
Language was updated to bring it into conformity with national disease prevention terms, definitions, and standards; the introduction section was deleted in order to bring this rule into conformity with other CDA rules; grammatical and syntactic changes were made to Part 1, including bringing the definitions into conformity with national disease prevention definitions; and language was removed that was formerly required on the CVI, this language is no longer required because facilities that have had positive scrapie animals are on a post exposure management program that would prohibit shipping of livestock from previously positive premises. Information was updated pertaining to identification for sheep intended for exhibition; and information related to flock plans was added in order to provide clarity for users of the rule with regard to the steps they must take once their premises are placed under quarantine and before any such quarantine will be released into either a flock plan or Post-Exposure Management and Monitoring Plan. Part 5 was removed and incorporated into Part 4 as there was a lot of overlap between these two Parts. The State Veterinarian can contact the owner of any scrapie exposed animals pertaining to the disposition of the exposed animals. Information was added about Livestock Markets; Part 7 was deleted; information regarding testing of infected flocks was moved to Part 4.3.6; and the rule has been renumbered to bring uniformity within the rule to its numbering convention.
Statutory Authority
This rule is amended and adopted pursuant to the Commissioner's authorities found at § 35-50-105(3)(a), (c), (f), (h), and (p), C.R.S.
Purpose
The revisions to these Rules incorporate changes as a result of the Department's Regulatory Efficiency Review Process, as well as to bring this rule into alignment with recent updates to federal rules and regulations pertaining to the importation of sheep and goats.
Factual and Policy Issues
In 2021, USDA-APHIS revised its rule, "Importation of Sheep, Goats, and Certain Other Ruminants," effective January 3, 2022. Because Colorado is a scrapie-compliant state, the Department of Agriculture needed to update this rule set to comport its rule to USDA's 2021 amendments to maintain Colorado's compliance. USDA's revisions provided revised definitions and introduced new, key terms. This rule change updates language in the rule to bring it into conformity with national disease prevention terms, definitions, and standards, and it clarifies the identification requirements for Canada and Mexico-origin sheep and goats that are imported into Colorado.
Specific Purpose of the Rulemaking
In Part 1.1 the reviewers added a definition for "administrator."
In Part 1.7, the reviewers added a definition for "country mark," which is a new term for this rule.
In Part 1.17 the reviewers added a definition for "goat."
In Part 1.30 the reviewers added a definition for "sheep."
In Part 2.1 additional language was added to clarify that all breeding sheep and goats imported into Colorado, whether interstate or international, must be accompanied by a CVI and CDA-issued import permit.
In Part 2.5 new language was added to require a permanent country mark and other official ID for all sheep and goats imported from Canada or Mexico.
In Part 3.2 new language was added to clarify that all wether sheep and goats over 18 months of age must be identified with official identification for purposes of transfer of ownership or for exhibition in Colorado.
In Part 4.1 additional language was added to clarify that the state veterinarian must conduct an investigation within seven days upon notice of a scrapie infection in a flock.
Part 4.1.2 was expanded to include language that the USDA will determine a designation of infected or source flock within 15 days.
A new Part 5.2 was added to stipulate that the State Veterinarian will conduct tracebacks of scrapie-positive animals and trace outs of high-risk and exposed animals and report any out-of-State traces to the appropriate State within 45 days of receipt of notification of a scrapie-positive animal.
Notes
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