8 Colo. Code Regs. § 1201-19, pt. 5

Current through Register Vol. 47, No. 22, November 25, 2024

Part 5 - Bovine Tuberculosis

5.1. Definitions

5.1.1. "Accredited herd" means a herd that has met the minimum standards for accreditation or reaccreditation as defined in Parts 5.13 and 5.14 of this rule.

5.1.2. "Adjacent herd" means a group or groups of animals having potential direct contact with the affected herd. Herds separated by a single fence are considered adjacent herds.

5.1.3. "Affected herd" means a herd of cattle, bison or dairy goats that contains an animal that tests positive to Mycobacterium bovis through histopathology, polymerase chain reaction (PCR) assay, or bacterial isolation.

5.1.4. "Annual tests" means those tests conducted at intervals of not less than ten (10) months nor more than fourteen (14) months.

5.1.5. "Bovine Tuberculosis" means a disease in cattle, bison or dairy goats caused by Mycobacterium bovis.

5.1.6. "Caudal Fold Tuberculin (CFT) Test" means the intradermal injection of 0.1 milliliter of USDA bovine purified protein derivative (PPD) tuberculin into either side of the caudal fold, with reading by visual observation and palpation seventy-two (72) hours (+ or - 6 hours) following injection.

5.1.7. "Commission firm" means a person, partnership or corporation that buys and/or sells livestock as a third party and reports to the seller and/or to the buyer details of the transactions. This includes any such person or group regardless of whether or not a fee is charged for the services.

5.1.8. "Comparative Cervical Tuberculin (CCT) Test" means the intradermal injection of 0.1 milliliter biologically balanced bovine PPD tuberculin and avian PPD tuberculin at separate sites in the cervical area and a determination as to the probable presence of bovine tuberculosis (M. bovis) by comparing the responses of the two (2) tuberculins seventy-two (72) hours (+ or - 6 hours) following injection.

5.1.9. "Dairy goats" means domestic caprine (genus Capra) kept for the purpose of producing milk for human consumption.

5.1.10. "Dealer" means any person, firm or partnership engaged in the business of buying or selling cattle, bison, or dairy goats in commerce, either on his or her own account or as the employee or agent of the vendor and/or purchaser or any person engaged in the business of buying or selling cattle, bison, or dairy goats in commerce on a commission basis. The term shall not include a person who:

(1) buys or sells cattle, bison, or dairy goats as a part of his or her own bona fide breeding, feeding or dairy operation;

(2) is not engaged in negotiating the transfer of cattle, bison, or dairy goats; or,

(3) receives cattle, bison, or dairy goats exclusively for immediate slaughter on his or her own premise.

5.1.11. "Exposed animals" means cattle, bison, or dairy goats that have had direct contact or are epidemiologically linked to bovine tuberculosis.

5.1.12. "Feedlot" means a confined dry lot area for the finish feeding of animals on a concentrated feed with no facilities for pasturing or grazing.

5.1.13. "Herd" means a group of cattle, bison, or dairy goats maintained on common ground or two (2) or more groups of cattle, bison, or dairy goats under common ownership or supervision that are geographically separated but can have an interchange or movement without regard to health status. (A group is construed to mean one (1) or more animals.)

5.1.14. "Herd plan" means a herd management and testing plan designed by the State Veterinarian and the herd owner that will control and eventually eradicate bovine tuberculosis from an affected, adjacent, or exposed herd.

5.1.15. "Natural additions" means animals born and raised in a herd.

5.1.16. "Negative animal" means any test-eligible animal that tests negative to an official tuberculosis test.

5.1.17. "No Gross Lesion (NGL) Animal" means any test-eligible animal that does not reveal a lesion(s) of bovine tuberculosis upon postmortem inspection.

5.1.18. "Official Tuberculosis Test" means any test for tuberculosis conducted on cattle or bison in accordance with this Part and the Uniform Methods and Rules (UM&R) for Bovine Tuberculosis Eradication. The official tuberculin tests are the caudal fold test, the comparative cervical test, the single cervical test or any other test that is approved by the USDA.

5.1.19. "Reactor" means any cattle, bison, or dairy goat that shows a response to an official single cervical, comparative cervical or other supplemental tuberculosis test and is classified as a reactor by the testing veterinarian or Designated Tuberculosis Epidemiologist, or any suspect animal that is classified a reactor upon slaughter inspection or necropsy after histopathological examination, PCR assay, and/or culture of selected tissues collected by the Federal or State veterinarian performing or supervising the slaughter inspection or necropsy.

5.1.20. "Responder" means any livestock officially skin tested for tuberculosis that has a visible or palpable response at the site of tuberculin injection.

5.1.21. "Single cervical tuberculin test" means the intradermal injection of 0.1 milliliter USDA bovine single cervical PPD tuberculin in the cervical (neck) region with reading by visual observation and palpation in seventy-two (72) hours (+ or - 6 hours) following injection.

5.1.22. "Suspect" means any cattle, bison, or dairy goats that have been classified as a suspect by a comparative cervical or other official supplemental test.

5.1.23. "Tuberculin" means a product that is approved by and produced under USDA license for injection into cattle, bison, or dairy goats for the purpose of detecting bovine tuberculosis.

5.2. Authority to Require Test

5.2.1. The State Veterinarian upon epidemiological evidence resulting in reliable information that tuberculosis may exist in any bovine, bison, or any other animal, may require tuberculosis testing to be performed on such animals.

5.2.2. Should the owner or caretaker refuse or neglect to comply with the instructions of the accredited veterinarian, the State Veterinarian or his/her duly authorized representative or authorized agent, said animals shall be placed under a hold order to prohibit the movement of any animals from said premises.

5.2.2.1. The hold order shall be issued by an authorized agent of the Colorado Department of Agriculture showing the boundaries of the area or premises affected, the animals restricted, and the conditions.

5.2.2.2. The livestock shall be held under a hold order until testing has been completed at which time animals will be released from the hold order or quarantined based on the test results.

5.2.3. The State Veterinarian may supervise or provide oversight on any tuberculosis testing conducted by an accredited veterinarian.

5.3. Personnel Authorized to Apply Tuberculosis Tests

5.3.1. Tuberculosis tests shall be applied by a veterinarian employed as a state or federal regulatory veterinarian or by an accredited veterinarian.

5.4. Reporting of Tests

5.4.1. A TB test report shall be submitted within ten (10) days of the date of the test to the USDA. The report shall include the official USDA test form of all tuberculin tests, including the date of injecting and palpating; individual identification of each animal by official eartag number, official animal identification number, individual permanent numerical brand, or registration tattoo; age, sex, and breed; a record of the size of the response, if required, and test interpretation.

5.5. Approved Laboratories

5.5.1. The official laboratory for all tuberculosis diagnostic purposes shall be the National Veterinary Services Laboratories (NVSL), Ames, Iowa.

5.6. Identification

5.6.1. All animals tested shall be officially identified as specified in Part 5.4.1. at the time of the initial test.

5.6.2. All premises where testing for tuberculosis occurs shall have a PIN.

5.7. Initial Diagnostic Tests

5.7.1. The caudal fold test, or any other screening test approved by the USDA, is the official tuberculosis test for routine use in individual cattle, bison, or dairy goats in herds of such animals where the tuberculosis status of the animals is unknown.

5.7.2. Animals that respond to the caudal fold test shall be placed under a hold order until the responding animals are tested with a supplemental test.

5.7.3. No animal with a response to a caudal fold test is eligible for intrastate or interstate movement unless said animal is subsequently classified "negative for M. bovis" based on an official comparative cervical test or other new testing technology as stated in Section XII.D. or accompanied by a VS Form 1-27 permit and consigned direct to slaughter with no diversion from the approved destination, or by special permit granted by the State Veterinarian.

5.8. Caudal Fold Test Interpretation

5.8.1. When testing herds not known to be infected with Mycobacterium bovis, Accredited Veterinarians using the caudal fold test shall classify the animals as responders if the test produces a response. The animal(s) shall be retested by a state or federal veterinarian.

5.8.2. Decisions regarding tuberculosis test interpretations will be based upon the professional judgment of the testing veterinarian in accordance with policies established by the cooperating state and federal officials.

5.8.3. The injection site on each animal shall be observed and palpated. Observation without palpation is not acceptable and shall constitute a violation of these Rules.

5.9. Supplemental Diagnostic Tests

5.9.1. The comparative cervical test (CCT), or any other test approved by the USDA and State Veterinarian, is the official tuberculosis test for retesting of responders.

5.9.2. The CCT shall be applied only by a state or federal regulatory veterinarian and shall not be used in known infected herds.

5.9.3. The CCT shall not be used as a primary test for animals of unknown status.

5.9.4. The Gamma Interferon test may be used as a confirmatory test when approved by the State Veterinarian.

5.10. Classification of Supplemental Testing in Cattle, Bison, and Goats

5.10.1. Animals classified as reactors shall not be retested or reclassified.

5.10.2. Animals classified as suspects to the comparative cervical test shall be reclassified as reactors when included in a herd test that results in the confirmation of bovine tuberculosis in the herd.

5.10.3. Animals classified as reactor shall have, and suspects may have, a post-mortem examination performed and witnessed by a regulatory veterinarian. Appropriate tissue samples shall be submitted for laboratory examination at the NVSL. If the animal fails to demonstrate infection based on the lack of gross or microscopic evidence of bovine tuberculosis or other approved diagnostic tests, the animal and possibly the herd may be considered free of bovine tuberculosis.

5.10.4. In the event new technology and advancements provide alternative testing procedures, which are approved by the USDA, the State Veterinarian may alter testing procedures listed above to utilize the new approved methods and tests.

5.11. Disposition of Supplemental Test Responding Cattle, Bison and Goats

5.11.1. Suspect and reactor animals shall remain on the premises where they were disclosed until a VS Form 1-27 permit for movement has been obtained.

5.11.2. Movement for immediate slaughter will be directly to a slaughtering establishment where approved state or federal inspection is maintained within fifteen (15) days of classification.

5.11.3. Alternatively, the animals may be destroyed on-site under the direct supervision of a regulatory veterinarian to ensure that a proper post-mortem examination can be conducted and that the carcass is disposed of according to methods approved of in the tuberculosis Code of Federal Regulations.

5.11.4. Suspects to the comparative cervical test shall remain under a hold order until:

5.11.4.1. They are retested by the comparative cervical test in sixty (60) days, or

5.11.4.2. Shipped under VS Form 1-27 permit directly to slaughter.

5.12. Movement Restrictions

5.12.1. Herds where only responder or suspect animals are disclosed shall be held on the premises until retested and classified negative or shipped under a VS Form 1-27 permit directly to slaughter where a state or federal veterinarian will collect samples.

5.12.2. All herds in which reactor animals are shown to be infected through confirmatory tests shall be quarantined. Movement for immediate slaughter must be directly to an approved slaughtering establishment, under a VS Form 1-27 permit, where federal inspection is administered. Animals must be identified by official eartags or other individual unique identification as may be required by the State Veterinarian. Addition of animals shall be allowed only upon the approval of the State Veterinarian.

5.12.3. The sale of calves from quarantined herds shall be restricted. All calves that test negative to a caudal fold tuberculosis test within sixty (60) days may be permitted to move intrastate to an approved feedlot.

5.12.4. Herds in which only NGL reactor(s) occur and in which no evidence of Mycobacterium bovis infection has been disclosed may be released from quarantine.

5.13. Minimum Standards for Accreditation and Reaccreditation of Tuberculosis Accredited Cattle, Dairy Herds, or Bison Herds

5.13.1. Tuberculosis accreditation and reaccreditation is voluntary. The minimum standards for accreditation and reaccreditation of tuberculosis accredited cattle and bison herds are as follows:

5.13.1.1. All test eligible animals must test negative to two (2) consecutive official tuberculosis tests not less than ten (10) months nor more than fourteen (14) months apart. Test eligible animals include all cattle or bison twelve (12) months of age and older and all animals other than natural additions under twelve (12) months of age. Natural additions become test eligible at twelve (12) months.

5.13.1.2. All test eligible animals in the accredited herd must have an official animal ID eartag.

5.13.1.3. Accurate records on each individual animal must be kept, including disposal and/or death of each animal, natural additions and purchased additions.

5.13.1.4. Accreditation, except for a bovine dairy herd, is valid for a twelve (12) month period. The original date of accreditation will serve as the herd's official accreditation date.

5.13.1.5. Reaccreditation for all herds other than bovine dairies shall require a negative test of all test eligible herd members not less than ten (10) nor more than fourteen (14) months from the official accreditation date. All animals must be bona fide members of the herd.

5.13.2. Tuberculosis accreditation and reaccreditation for dairy herds is voluntary. The minimum standards for any voluntary accreditation or reaccreditation of a tuberculosis accredited dairy herd are as follows, and any reaccreditation must occur between 33 and 39 months of any initial accreditation:

5.13.2.1. Initial tuberculosis accreditation involves testing all cattle in the dairy herd, including any beef cattle and calves comingling, greater than 12 months of age.

5.13.2.2. All test eligible animals in the accredited herd must be officially identified.

5.13.2.3. Accurate records on each individual animal must be kept, including disposal and/or death of each animal, natural additions and purchased additions.

5.13.2.4. Accreditation is valid for three years unless tuberculosis is diagnosed in the herd after any initial accreditation. The Department may issue a TB Accreditation certificate to any bovine dairy herd owner whose herd meets these standards of TB Accreditation.

5.14. Minimum Standards for Accreditation and Reaccreditation of Tuberculosis Accredited Non-Bovine Dairy Herds

5.14.1. Minimum standards for voluntary accreditation and reaccreditation of tuberculosis accredited non-bovine dairy herds are as follows:

5.14.1.1. Testing of herds for accreditation or reaccreditation shall include all dairy animals over six (6) months of age and any dairy animals other than natural additions under six (6) months of age. All natural additions shall have an official animal ID eartag and be recorded on the test report as members of the herd at the time of the annual test.

5.14.1.2. Voluntary reaccreditation shall require a negative test of all test eligible herd members not less than ten (10) nor more than fourteen (14) months from the official accreditation date.

8 CCR 1201-19, pt. 5

37 CR 23, December 10, 2014, effective 12/30/2014

39 CR 13, July 10, 2016, effective 7/30/2016

40 CR 23, December 10, 2017, effective 12/30/2017

44 CR 10, May 25, 2021, effective 6/15/2021

46 CR 15, August 10, 2023, effective 9/15/2023