Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-1-10 - Requirements for West Virginia Fairs, Festivals and Purebred Consignment Sales10.1. General. 10.1.a. A person shall not import any animal into the state of West Virginia for showing at a fair, festival, show or sale without a valid CVI that has been received by the Commissioner at least 5 days prior to the importation of the animal. 10.1.b. The Commissioner shall permit a nursing animal to be moved based on the test status of the dam. 10.2. Cattle. 10.2.a. A person shall not import an animal into this state for the purpose of exhibition without a valid CVI. 10.2.b. A person shall not import an animal into this state for the purpose of exhibition without a special permit when the Commissioner requires that a special permit be issued due to a disease outbreak in the state of origin. 10.2.c. The Commissioner recommends that no bovine or bison animal that is affected with warts, pinkeye, or ringworm be exhibited in this state. 10.2.d. Tuberculosis. 10.2.d.1. The Commissioner may prohibit any person from showing any bovine or bison originating within this state unless the animal:10.2.d.1.A. is from a United States Department of Agriculture Accredited Tuberculosis Free Herd; 10.2.d.1.B. is from a herd that has had a complete negative tuberculosis herd test within the 12 months prior to the show;10.2.d.1.C. will not be sold at the show and is less than 24 months of age; 10.2.d.1.D. has had a negative tuberculosis test within the calendar year of the exhibition but prior to the date of exhibition; or 10.2.d.1.E. will be shown in a slaughter class.10.2.d.2. The Commissioner may prohibit any person from showing any bovine or bison originating from without this state unless the animal meets all the requirements of paragraph 9.2.d.1. of this rule except that: 10.2.d.2.A. the animal has had a negative tuberculosis test within 3 months prior to the date of exhibition, when a test is required; and, 10.2.d.2.B. animals shown in slaughter classes must have an individual test and meet the requirements of subdivisions 7.12.e. and 7.12.f. of this rule, except that the negative tuberculosis test must be within 3 months prior to importation into this state. 10.2.d.3. A person shall not offer any bovine or bison for sale at a purebred consignment sale or exhibit at shows, fairs, and festivals unless that animal meets the requirements set forth in subdivisions 8.12.e., 8.12.f. and 18.12.f. of this rule. 10.2.e. Brucellosis. 10.2.e.1. A person shall not exhibit any animal, except steers, at a fair, festival or show that originates from a herd that is under quarantine for brucellosis. 10.2.e.2. A person shall not exhibit an animal at a fair, festival or show that requires a CVI when that certificate does not show the animal to be a verifiable progeny of a particular herd. 10.2.e.3. The Commissioner may prohibit any person from exhibiting an animal at a fair, festival or show unless that animal originates from a herd: 10.2.e.3.A. that is a United States Department of Agriculture Certified Brucellosis Free Herd; 10.2.e.3.B. that is from a United States Department of Agriculture Certified Brucellosis Free State. 10.2.e.3.C. that has had a complete negative brucellosis test within the 12 months prior to the exhibition of that animal; 10.2.e.3.D. in West Virginia and has had a negative brucellosis test within the calendar year of the exhibition but prior to the exhibition. No individual test is required for official vaccinates that are less than 20 months of age for dairy type breeds, or 24 months of age for beef type breeds; or 10.2.e.3.E. from a state other than West Virginia and has had a negative brucellosis test within 1 month prior to the exhibition except for official vaccinates that are less than 20 months of age for dairy type breeds, or 24 months of age for beef type breeds, in which case no individual test is required. 10.2.e.4. A person shall not offer any bovine or bison for sale at a purebred consignment sale or exhibit at a show, fair or festival unless that animal meets the requirements of subdivision 7.12.j. of this rule. 10.3. Goat. 10.3.a. A person shall not import any goat for the purpose of showing at an exhibition without a valid CVI and the Official USDA Scrapie Identification. 10.3.b. A person shall not import an animal into this state for the purpose of exhibition without a special permit when the commissioner requires that a special permit be issued due to a disease outbreak in the state of origin. 10.3.c. A person shall not import any goat showing signs of caseous lymphadenitis. 10.3.d. The Commissioner may require that any goat being imported into this state follow the same rules for tuberculosis and brucellosis as set forth in subdivision 9.2.d. and 9.2.e. of this rule for cattle. 10.3.e. The Commissioner recommends that no goat be exhibited in this state that is affected with warts, pinkeye, or ringworm.10.3.f. A person may not exhibit any goat, which is capable of breeding, that does not have a valid Certificate of Veterinary Inspection (CVI) issued within 30 days of event entry or that is not certified from an Honor Herd as designated by the Commissioner. 10.4. Equine. 10.4.a. A person shall not exhibit any equine from any band that is under quarantine for any communicable disease. 10.4.b. A person shall not exhibit any equine showing signs of any infectious or communicable disease. 10.4.c. The officials of the exhibition are responsible to see that all equines shown meet the requirements of this subsection. 10.4.d. A person shall not exhibit any equine originating from outside this state without a valid CVI that shows the test results for an E.I.A. test. 10.4.e. A person shall not exhibit any equine originating from this State or another state without a negative approved APHIS E.I.A. test within 12 months prior to the exhibition. All tests shall be performed according to USDA standards. 10.4.e.1. For purposes of this section the negative E.I.A. test must have been performed in an approved United States Department of Agriculture laboratory.10.4.f. Equine Interstate Event Permit. 10.4.f.1. This document is a signed Memorandum of Agreement between West Virginia and certain other states, whose numbers may vary, that allows the unencumbered interstate movement of equines between those states that are a signatory to said document. The permit shall contain, at a minimum, the following information: 10.4.f.1.A. Name of the Commissioner of Agriculture and the State Veterinarian and the appropriate phone number; title of permit; permit number; owner's name, address and phone number; West Virginia interstate health certificate number and date; date permit was issued and expires; equine's name, breed, sex, color, and age; EIA negative test date, lab name that performed the test, and accession number; three (3) digital color photos showing front and each side view of equine or other means of permanent identification, as may be required by the Commissioner.10.4.f.1.B. Permits will expire six (6) months from the date it is written. 10.4.f.1.C. Enforcement: Permit holders are subject to the laws of West Virginia as well as the laws of those other states who are a signatory to this Memorandum of Agreement.10.4.f.1.D. Permit holders are required to keep the permit and a log of all events attended by the equine that is described on the permit, in their possession during all equine activities, shows or sales.10.4.f.1.E. Certain states that are signatories to this agreement may have certain exceptions that are not the same in all states. 10.5. Sheep and Lambs. 10.5.a. A person shall not exhibit any sheep or lamb that is capable of breeding that does not have a valid Certificate of Veterinary Inspection (CVI) issued within 30 days of event entry, or that does not have a certificate that the animal originates from an Honor Flock as designated by the Commissioner. 10.5.b. The Commissioner shall inspect all sheep or lambs in the market class for the presence of any infectious disease when the animal is exhibited. The Commissioner may refuse to allow an animal to be shown based on the results of the examination. 10.6. Swine. 10.6.a. Certificates of veterinary inspection are required for all swine entering the State. The Commissioner may require any out-of-state swine entering and exhibiting in West Virginia to be from an APHIS declared Pseudorabies-free state, a Pseudorabies monitored herd or have been tested negative for Pseudorabies within 30 days prior to entry when applicable. The qualified Pseudorabies negative number and test dates must appear on the health certificate. Swine from West Virginia may move freely within the State without Pseudorabies testing.10.6.b. The Commissioner may prohibit any person from exhibiting any swine originating within this state that is capable of breeding, that has not had an examination by a veterinarian within 5 days prior to the exhibition, and has been found to be free from any symptoms of infectious disease. 10.6.b.1. For purposes of this section, the commissioner shall accept a serum neutralization test or other pseudorabies test approved by APHIS. 10.6.c. The Commissioner may require a statement from the animal health official of the state of origin that the animal did not originate from an area where pseudorabies is known to be present.10.7. Birds. 10.7.a. The provisions of subsection 8.19 of this rule apply to the exhibition of both resident and imported birds in this state. 10.7.b. The management of the exhibit shall maintain records of the documents required by this section including the names and addresses of all exhibitors and the number of birds exhibited by those persons for a period of 2 years after the show and shall provide the records to the Commissioner upon request. 10.7.c. The management of the exhibit shall deny entry to all birds of a particular owner when any one of the birds of that owner tests positive for any disease determined by the National Poultry Improvement Plan to be detrimental to poultry health. 10.7.d. The owner of any bird found to test positive for any disease that the National Poultry Improvement Plan determines to be detrimental to poultry health shall submit the bird to the commissioner who will necropsy the bird and sample the tissues for recovery of the organism.