Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-1-7 - Tuberculosis or Brucellosis in Cattle7.1. No person other than an accredited veterinarian, a qualified official of the United States Department of Agriculture or agents of the Commissioner may perform any activity for the control or eradication of brucellosis or tuberculosis. 7.2. Each laboratory performing tests for brucellosis or tuberculosis shall report, in writing, to the Commissioner, the results on all tests for brucellosis and tuberculosis as soon as the test results are received. Each report shall contain a description of the animal including the animal's tattoo or ear tag number and any other marks of identification, the sex, the age, the breed, the complete test results, the name and address of the owner of the animal, the place where the animal was located when tested, and the name and address of the person testing the animal. 7.3. The test results for brucellosis will be evaluated with other factors such as the age of the animal, the vaccination status, if any, and the herd conditions when the Commissioner is determining if an animal is a reactor. An animal tested at a public market may be considered a reactor when both the buffered plate antigen at a 1/25 dilution of serum and the standard card test results are positive. 7.4. The Commissioner may quarantine any female animal who has not had a calf when found to be a progeny of a cow that is a reactor to brucellosis until the animal has had a calf and a subsequent negative test for brucellosis. 7.5. The Commissioner shall quarantine any nursing bull calf found in this state that is a progeny of a cow that is a reactor to brucellosis until that animal has been castrated or the Commissioner gives a special permit for the movement of that animal. 7.6. The Commissioner shall mark any animal found to be infected with tuberculosis or brucellosis by placing an ear tag supplied by APHIS in the left ear of the animal and branding the animal high on the left hip near the tail head with the capital letter "B" for brucellosis or the capital letter "T" for tuberculosis in letters not less than 2 inches high and 12 inches wide. The Commissioner may accept the use of hot brands for this purpose. 7.7. Any person owning any animal infected with or exposed to tuberculosis or brucellosis that is under quarantine may apply to the Commissioner for a permit to move the animal to slaughter. The application shall include the complete description of the animal, the place where the owner wishes to have the animal slaughtered and any other information that the Commissioner may require to determine if he or she should grant a permit. 7.7.a. If the Commissioner grants a permit to move to slaughter and issues a VS FORM 1-27 for this purpose, the permit shall specify all conditions for movement under which the permit is approved, including the requirement that the slaughter take place under the supervision of an authorized Federal or State meat plant veterinarian. The Commissioner shall require the authorized Federal or State meat plant veterinarian supervising the slaughter to provide him or her immediately with a post-mortem report on the animal in the case where the animal was found to be a reactor to tuberculosis.7.8. The Commissioner shall pay an indemnity to the owner of any bison or bovine animal that has been found to be infected with either brucellosis or tuberculosis or to be a reactor to these diseases under the following conditions: 7.8.a. Funds for the payment of indemnities are available to the Commissioner; 7.8.b. The animal was located in this state when it was when found to be infected or when found to be a reactor;7.8.c. The animal was tested for brucellosis using an APHIS approved test by veterinarians employed by APHIS or by the Commissioner or for tuberculosis using an APHIS approved test by an accredited veterinarian; 7.8.d. The animal had been vaccinated for brucellosis within the age limits prescribed by the Commissioner, as specified in section 9 of this rule, and the animal was at least 20 months of age, if it was a dairy type breed, or at least 24 months of age, if it was a beef type breed when found to be infected or when found to be a reactor;7.8.e. The animal was not vaccinated for brucellosis as an adult nor maintained in a herd where vaccination for brucellosis of any animal in the herd has occurred at an age other than that specified in section 9 of this rule; 7.8.f. The animal has been quarantined, branded, issued a certificate of appraisal by the Commissioner and slaughtered under the supervision of a Federal or State meat plant veterinarian;7.8.g. The owner of the animal has allowed a quarantine to be placed on all the animals remaining under his or her ownership, signed an agreement with the Commissioner listing all cattle owned by him or her and agreed to testing for brucellosis or tuberculosis on all cattle listed in the agreement. The owner has further agreed to destroy any animal found to be infected within 15 days of the date that the Commissioner issues a certificate of appraisal for any animal found to be infected; 7.8.h. The owner of the animal has agreed to comply with W. Va. Code §§ 19-9-28 through 19-37 and with the provisions of this rule; 7.8.i. The owner of the animal has agreed to make any further additions to the herd in compliance with the provisions of W. Va. Code § 19-9-1 et seq. and with section 6 of this rule; 7.8.j. The owner of the animal has cleaned and disinfected all premises where the animal was located while it was infected;7.8.k. The owner has not been negligent nor carelessly exposed any animals under his or her care to brucellosis or tuberculosis, and the owner has not purchased any animal that he or she knew or had reason to believe that had a communicable disease;7.8.l. The owner of the animal is not any governmental agency or a political sub-division of this state;7.8.m. The owner of the animal or his or her agent has not been previously found to have engaged in any fraudulent attempt to obtain an indemnity for any animal; and 7.8.n. The owner of the animal has sold the animal at the highest possible price. 7.9. The Commissioner will issue a certificate of appraisal based on the purebred value of the animal only when the purebred registration certificate is submitted to the Commissioner prior to making the appraisal. If the animal is less than three (3) years of age, the Commissioner may amend the appraisal within 30 days after the original certificate was issued when the breed association submits the registration certificate for the animal. All other certificates of appraisal shall appraise the cattle at a value of a non-purebred, or grade, animal. 7.10. The Commissioner shall require that any herd that has been released from a brucellosis quarantine after the reactor animals in the herd have been removed, be retested for brucellosis at 9 and at 12 months after the quarantine is lifted.