Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-1-3 - Definitions3.1. "Accredited Veterinarian" means any veterinarian accredited by APHIS and approved by the Animal Health Official of the state where the veterinarian is doing business. 3.2. "Animal" means a bird, fish, reptile, or mammal other than man. 3.3. "APHIS" means the Animal and Plant Health Inspection Service or its successor agency of the United States Department of Agriculture.3.4. "Approved E.I.A. and/or Pseudorabies Laboratory" means any United States Department of Agriculture l aboratory approved for conducting an official E.I.A. (Coggins') test and/or an official pseudorabies test.3.5. "Approved Livestock Market" means a livestock market with an Accredited Veterinarian or Animal Health Official on site to monitor the health of livestock offered for sale to the general public. The market shall not require a CVI for arriving interstate livestock. 3.6. "Biologicals" mean products intended for diagnostic or therapeutic purposes in animals other than man. 3.7. "Boar" means any male swine used for or intended to be used for breeding purposes.3.8. "Brucellosis or Bang's Disease" means an infectious disease in bovine animals caused by any member of the Genus Brucella. Any animal is considered infected with brucellosis if it has a positive reaction to any APHIS approved test for brucellosis, or if any member of the Genus Brucella has been found in the body or its secretions or discharges, or if it has been treated with a live culture of Brucella. 3.9. "Calves" mean bovine animals which have not reached the usual age of maturity for the particular breed. 3.10. "Camelids" means llama, alpaca or camel of any age. 3.11. "Cattle" means bison or bovine animals of any age. 3.12. "Certificate of Veterinary Inspection (CVI)" means an official form issued by an accredited veterinarian in the state of origin and approved by the Animal Health Official of the state of origin listing all animals (with an accurate description and official identification) covered by the certificate that have been examined by the person issuing the form, stating the nature of the examination and the findings of the health of the animals covered by the certificate. In addition, the CVI shall contain the names and address of the consignor and the consignee of the animals, the vaccinations that the animals may have received and the dates that the vaccinations occurred. The CVI is void thirty (30) days after issuance.3.13. "Certified Brucellosis Free Herd" means a herd which is certified as free from brucellosis by the Commissioner and APHIS.3.14. "Cervidae" means a deer or elk of any age. 3.15. "Commissioner" means the Commissioner of the West Virginia Department of Agriculture or his or her agent. Employees of the Veterinary Services of APHIS have the authority to act as agents of the commissioner.3.16. "Communicable disease" means all the diseases listed in W. Va. Code § 19-9-1(e) and the diseases avian influenza, Exotic Newcastle Disease, Scrapie and any disease defined by USDA/APHIS. 3.17. "Equine" means an animal that is a member of the Equine genus including horses, ponies, mules, asses, donkeys, and zebras.3.18. "E.I.A. Reactor" means an equine one (1) year of age or older who has had two (2) consecutive positive tests for E.I.A. performed in an approved E.I.A. laboratory and one (1) additional positive test performed in a United States Department of Agriculture. The animal may not show clinical signs of the disease. 3.19. "Exposed E.I.A. Animal" means any equine that is or has been stabled or commingling within 200 yards of any other equine that has had a positive E.I.A. (Coggins') test and may include an animal which has had the same handler as the equine that has had the positive E.I.A. (Coggins') test.3.20. "Farm" means a contiguous parcel of land operated as a unit. Parcels of land owned by a farmer, but separated by other farms are considered separate farms. 3.21. "Feeder pig" means any immature swine used for or intended to be used exclusively for feeding for slaughter.3.22. "Feral swine" means populations or individuals of swine that are unrestrained and have adapted to living in the wild or are free-roaming in the environment, excluding wild boar. 3.23. "Fur bearing animal" means a mink, weasel, muskrat, beaver, opossum, skunk, civet cat (commonly called polecat), otter, red fox, gray fox, wildcat, bobcat, bay lynx, raccoon or fisher. 3.24. "Histopathology service" means the preparation and staining tissue for microscopic viewing for the detection of abnormalities which may be indicative of a disease or condition.3.25. "Honor Flock" means a flock of breeding sheep for which the owner has completed required online or mail-in certification via the State Veterinarian's offices, or that has been inspected on the farm by WVDA Animal Health personnel or an accredited veterinarian and found to be free of communicable diseases, specifically sore mouth and foot rot. This certificate is good for one (1) year from the date of issuance. Honor flock sheep must pass inspection at entrance to exhibitions and may be rejected from the event if there are signs of communicable disease, parasitism, injury, or other conditions perceived detrimental for animal health and welfare. 3.26. "Honor herd" means a herd of breeding goats for which the owner has completed required online or mail-in certification via the State Veterinarian's offices, or that has been inspected on a farm by WVDA Animal Health personnel or an accredited veterinarian and found to be free of communicable diseases, specifically sore mouth and foot rot. This certificate is good for one year from the date of issuance. Honor herd goats must pass inspection at entrance to exhibitions and may be rejected from the event if there are signs of communicable disease, parasitism, injury, or other conditions perceived detrimental for animal health and welfare. 3.27. "Immediate slaughter" means movement to a slaughter facility for humane processing no longer than thirty days (30) after importation into the state or entering slaughter-only channels at an approved livestock market. 3.28. "Indemnity" means money paid by the commissioner to the owner of an animal found to be a reactor for a communicable disease which cannot be cured or controlled by isolation and adequate or proper veterinary treatment. The amount of the indemnity will be the difference between the sale price of the animal and the value of the animal in the certificate of appraisal. 3.29. "Laboratory services" means those procedures done in the laboratory. 3.30 "National Poultry Improvement Plan (NPIP)" means a cooperative federal-state-industry mechanism for controlling certain poultry diseases as set forth in the National Poultry Improvement Plan and Auxiliary Provisions set forth in Title (44) of the Code of Federal Regulations Parts 145 through 147 and part 56 published March 22, 2011. 3.31. "Non-reactor" means an animal showing a negative reaction noted by a specific titer to a test. 3.32. "Official pseudorabies serologic test" means an official pseudorabies test conducted on swine serum to detect the presence or absence of pseudorabies antibodies.3.33. "Official Pseudorabies Test" means any test for the diagnosis of pseudorabies approved by the United States Department of Agriculture and conducted in an approved laboratory.3.34. "PCR" means Polymerace Chain Reaction. 3.35. "Person" means any individual, partnership, association, fiduciary, firm, company, corporation or any organized group of persons whether incorporated or not. The term extends to the agents, servants, officers and employees of the person. 3.36. "Poultry" means domesticated fowl, including chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl, and game birds (except doves and pigeons) that are bred primarily to produce eggs and meat. 3.37. "Poultry sale" means a sale of various poultry breeds by lot or individual at a location where comingling of poultry takes place. 3.38. "Pseudorabies or Aujesky's disease ("mad itch") means an infectious and contagious disease of swine and certain other warm-blooded animals. 3.39. "Quarantine Pen" means a partitioned-off space within the livestock sale facility where animals can be placed at the discretion of the State Veterinarian or his or her designee and have no direct contact with any other non-diseased or affected animals. 3.40. "Ratite" means any group of flightless birds having a flat breastbone without the keel-like prominence characteristic of most flying birds. This includes, but is not limited to the emu, ostrich, and rhea. 3.41. "Reactor" means any animal that responds to a test for a particular disease showing a positive titer above that which is considered a negative or suspect reaction for a particular disease.3.42. "Restricted vaccines" means vaccines containing live, modified-live or infectious agents for any disease known to be a public health hazard, or that is for diseases not yet known to occur in this State or are capable of causing harm to man or animals when misused. 3.43. "Sow" means any female swine used for or intended to be used for breeding purposes. 3.44. "Stocker cattle" means sexually intact cattle not consigned to slaughter. 3.45. "Suspect" means an animal that shows a titer to a particular test that makes it uncertain whether the animal has been exposed or has the particular disease. 3.46. "Test" means an examination made to determine the presence or absence of antibodies to a disease or an incriminating reaction to an antigen or other activities to determine whether or not an animal has a particular disease. 3.47. "Trichomoniasis" means a venereal disease of cattle caused by the organism Tritrichomonas foetus.3.48. "Tuberculosis" means an infectious disease caused by Mycobacterium bovis, commonly known as the tubercle bacillus. 3.49. "User fees" means those fees collected from users of the laboratory's services. 3.50. "Vaccine" means any biological that is a preparation of live, modified-live or killed infectious agents or a preparation of tissue that is administered to produce or artificially increase immunity to a particular disease. 3.51. "Vaccination" means the inoculation of an animal with a vaccine. 3.52. "Veterinarian" means any veterinarian employed by a state or federal agency, any veterinarian in this state that is recognized by the West Virginia Veterinary Medical Association, any licensed veterinarian, or any livestock technician employed by the commissioner.3.53. "Virgin Bull" means sexually intact male cattle which have not serviced a cow and which are not more than eighteen (18) months of age as determined by the presence of the two permanent central incisors in wear or by the birth date on breed registry papers certified by the breeder; or not more than 30 months of age and certified by both the breeder based on the birth date and confirmed by a veterinarian that the bull facility is sufficient to prevent contact with female cattle. The certification by the breeder is valid for 60 days and may be transferred within that timeframe with an original signature of the consignor. 3.54. "Wild animal" means any mammal native to the State of West Virginia, occurring either in a natural state or in captivity. The term does not include mice and rats. 3.55. "Wild bird" means any bird native to the state, or migrating through this state and includes any imported foreign game bird, such as a pheasant, partridge, quail, grouse or waterfowl regardless of whether the birds are held in captivity or not. The term does not include a chicken, duck, goose, guinea fowl, peafowl, turkeys, common canary, exotic finches, ring doves or psittacidae.3.56. "Wildlife" means any wild bird, wild animal, game animal, fur-bearing animal, fish (including minnows), amphibians, aquatic turtles or any aquatic animal used as fish bait, whether dead or alive.