Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-1-8 - Animal Importation8.1. A person shall not import any animal into this state in violation of the provisions of W. Va. Code § 19-9-1 et seq. or this rule. Any animal that is imported into this state in violation of W. Va. Code § 19-9-1 et seq. or this rule is subject to quarantine at the expense of the owner of the animal. Animals imported into this state for the sole purpose of exhibition at a fair or festival or for sale at a purebred consignment sale are subject to the provisions of section 8 of this rule in addition to those of this section.8.2. Except for the provisions of this section, no person may import any animal into this state that is infected with a communicable disease, that has recently been exposed to a communicable disease, or that is from an area under a state or federal quarantine. 8.3. A person shall not import any animal into this state for breeding purposes or that is to be included in a dairy herd without a valid CVI.8.4. The Commissioner may require that an animal that is imported into this state for sale at a public market or for exhibition at a fair or festival in this state have a valid CVI issued by an accredited veterinarian when the protection of the public and/or animal health of this state warrants this requirement. 8.5. The animal health official of the state of origin of the animal to be imported into this state should forward the CVI to the Commissioner, in care of the Animal Health Division, prior to the importation of the animal. 8.5.a. The Commissioner will not accept an CVI unless the name of the consignor and the consignee of the animal, an accurate description or identity of the animal, the general health status and any other information that is required by the provisions of this rule are listed on the certificate.8.6. The Commissioner may decline to accept the CVI of any animal, and thus prevent the importation of the animal, under the provisions of W. Va. Code § 19-9-25.8.7. The Commissioner may require that an animal have a special permit issued by him or her prior to importation into this state as specified by this section. 8.7.a. When the Commissioner requires that the animal to be imported have a special permit, the owner or cosigner of the animal shall apply to the Commissioner for the permit. The application shall state the name of the owner, the description of the animal, the place of origin and the destination of the animal. The application may cover the importation of more than one animal if the origin and the destination are the same.8.7.b. A person shall not import an animal that requires a special permit for entry without a valid special permit and may not import an animal in any manner that is contrary to the provisions of the permit issued. 8.7.c. The Commissioner will not issue a special permit for any animal that is not consigned to a legal resident of this state. 8.7.d. The Commissioner will issue a special permit for a period not to exceed fifteen (15) days after the date of issue. 8.8. The Commissioner may allow any animal that does not have, or that has not been exposed to a communicable disease, to be imported into this state for immediate slaughter without an CVI. The commissioner will allow an animal to be imported into this state for immediate slaughter when that animal has a communicable disease or has been exposed to a communicable disease only under the provisions of this section. 8.9. Nursing animals may be imported into this state on the dam's test or status, except where otherwise specified. 8.10. Any person in possession of any animal that is imported into this state shall maintain the CVI on the waybill that shall accompany the animal at all times. 8.11. All owners and operators of common carriers, railway cars, trucks and any other conveyance may not move livestock into this state or through this state unless the common carrier, railway car, truck or other conveyance: 8.11.a. is maintained in a sanitary condition, or 8.11.b. has been thoroughly cleaned and sanitized after use for the transportation of any animal that has been exposed to or that has any communicable disease. In the case where any animal that has been exposed to or has tuberculosis, the owner or operator of that conveyance shall maintain proof with the waybill that the cleaning and sanitizing of the conveyance has occurred under official supervision. 8.12. Cattle. 8.12.a. A person shall not import into this state any bison or bovine animal that is affected with or has been exposed to scabies.8.12.b. The Commissioner may require bison or bovine animals that are not capable of reproducing to have had a tuberculosis test prior to entry. 8.12.c. The Commissioner shall allow any bison or bovine animal infected with brucellosis or tuberculosis to enter this state only for slaughter and only when a VS FORM 1-27 has been issued for that animal.8.12.d. A person shall not import any bison or bovine animal into this state that has been infected with or has been exposed to brucellosis or tuberculosis without a valid special permit issued by the commissioner. 8.12.d.1. The special permit that the commissioner issues for an animal exposed to brucellosis or tuberculosis shall require that the animal be quarantined for not less than ninety (90) days after importation and shall be retested after that time at the owner's expense to determine that the animal is not infected with, or a reactor to, brucellosis or tuberculosis. 8.12.e. A person shall not import any bovine into this state that is from a herd that has been under quarantine for tuberculosis during the 12 months previous to the importation unless that animal has had a negative tuberculosis test no more than 2 months prior to importation into this state.8.12.f. The Commissioner may allow any bison or bovine animal imported for breeding purposes or for use in a dairy herd to be imported into this state with an CVI and: 8.12.f.1. may enter without a tuberculosis test on the animal when that animal comes from a herd that has been completely tested for tuberculosis and found to contain no reactors within 12 months prior to the importation, or when the animal comes from a herd that is accredited as Tuberculosis Free by APHIS, or from a state designated as being tuberculosis free by APHIS, or8.12.f.2. with a negative tuberculosis test no more than 2 months prior to importation into this state. 8.12.g. The Commissioner may require that any female animal that has not had a calf, but that has been vaccinated for brucellosis and comes from a herd of unknown brucellosis status, may not be imported into this state until a special permit has been issued. The special permit shall require that the animal be quarantined until after the animal's first parturition and a subsequent negative test result for the presence of brucellosis. 8.12.h. The Commissioner may allow any bovine to be imported for immediate slaughter, or to a public stockyard without a CVI or a special permit. However, the Commissioner shall require any bovine that has been vaccinated for brucellosis at an age older than 240 days be issued a VS FORM 1-27 prior to the importation of the animal for the purpose of immediate slaughter. 8.12.i. A person shall not import for feeding purposes any bison or bovine animal that has been infected with tuberculosis or brucellosis. 8.12.i.1. The Commissioner shall require that any bison or bovine animal that has been infected with tuberculosis or brucellosis be imported into this state only with a valid VS FORM 1-27 issued by APHIS and only for movement directly to slaughter. 8.12.j. The Commissioner may prohibit any person from importing any bovine into this state for breeding or milking purposes from any state that is designated a "Free" or "Class A"or equivalent state as designated by the United States Department of Agriculture unless the following conditions are met: 8.12.j.1. The animal is: 8.12.j.1.A. verifiable progeny of a herd that is a United States Department of Agriculture Certified Brucellosis Free Herd. The latest complete herd test date and results shall be noted on the CVI; or8.12.j.1.B. from a "Free" state and has been tested and found to be free of brucellosis within 1 (1) month of importation into this state. Officially vaccinated dairy type animals less than 20 months of age and officially vaccinated beef type animals less than 24 months of age are exempt from the test required; or 8.12.j.1.C. testing may be waived if originating from a brucellosis-free state, or8.12.j.1.D. from a "Class A" state or equivalent and shall be:8.12.j.1.D.1. from a herd that has had a complete herd test for brucellosis not more than 12 months and not less than 3 (3) months prior to the importation; or 8.12.j.1.D.2. from a herd that has had a negative milk ring test not more than 6 (6) months and not less than 180 days prior to entry; and 8.12.j.1.D.3. each individual animal shall have had a negative brucellosis test no more than 30 days prior to entry, except for official vaccinates of dairy breeds that are less than 20 months of age, or for official vaccinates of beef breeds that are less than 24 months of age where the brucellosis test is not required. 8.12.k. A person shall not import into this state any bovine under 18 months of age that is capable of reproducing for feeding purposes without a CVI, some form of permanent identification, and without allowing the Commissioner to place the animal under quarantine until it is slaughtered or moved out of this state. The Commissioner shall require any animal that is capable of reproducing that is over 18 months of age that is imported into this state, to meet all the requirements of cattle imported for breeding cattle. 8.12.l. All bulls imported for breeding purposes must be PCR negative for trichomoniasis within 60 days of importation. Virgin bulls are exempt per definition. 8.13. Goats. 8.13.a. A person shall not import any goat into this state that has been infected with or has been exposed to brucellosis or tuberculosis without a valid special permit issued by the Commissioner. 8.13.b. The Commissioner may prohibit any person from importing any goat into this state for breeding or milking purposes unless that animal has a valid CVI showing that the animal has had a negative tuberculosis test within 2 months prior to entry into this state or that the animal has been maintained in a herd that is a United States Department of Agriculture Accredited Tuberculosis Free Herd. 8.13.c. The Commissioner may prohibit any person from importing any goat into this state for breeding or milking purposes without a valid CVI showing that the animal has had a negative brucellosis test within 1 (1) month prior to entry into this state or that the animal has been maintained in a herd that is a United States Department of Agriculture Certified Brucellosis Free Herd. 8.14. Equines. 8.14.a. A person shall not import any equine, for any purpose, except for sale at an approved public market, without a valid CVI. All equines going through an approved public market must show the results of a negative approved APHIS test for Equine Infectious Anemia. The Commissioner shall accept the test result from another state if the test was conducted within 12 months prior to importation into this state. 8.15. Sheep and lambs. 8.15.a. A person shall not import any sheep or lambs into this state for any purpose other than immediate slaughter without a valid CVI showing the that flock of origin was fully examined not more than 30 days prior to entry into this state and found to be free of scabies, contagious ecthyma (sore mouth), foot rot, or any other contagious or communicable disease.8.15.b. The Commissioner shall prohibit the importation of any sheep or lambs into this state that have a condition that can be treated with full immersion in a pesticidal solution, unless that animal has been treated within 10 days prior to entry into this state. 8.16. Swine. 8.16.a. A person shall not import into this state any swine that has been vaccinated for pseudorabies. 8.16.b. A person shall not import into this state any swine that does not have a valid CVI that identifies the animal and states that the animal is free of any infectious or contagious disease. A health certificate and individual identification may, at the discretion of the Commissioner, be the minimum requirements if the swine are consigned to slaughter. 8.16.c. A person shall not import into this state any swine that are to be used for breeding purposes without an CVI showing that the animal has been: 8.16.c.1. tested negative to an official brucellosis test within 1 month prior to importation if the animal is not from a herd that has a certification from the United States Department of Agriculture as a validated brucellosis free herd and the CVI shows the date of the last brucellosis test on that herd; and 8.16.c.2. tested negative to an official pseudorabies serologic test or other official pseudorabies test within 1 month prior to importation, if the animal is not from a herd that has a certification as a qualified pseudorabies negative herd. The date of the last pseudorabies test shall be listed on the health certificate. 8.16.d. Swine shall not be imported into this State that have been fed or have had access to uncooked garbage. All persons, firms, corporations, partnerships or associations, or employees of the same, who operate a public market, concentration point, pickup station or any other kind of business where livestock is bought, sold, traded or received for resale, whether licensed by the Commissioner or not, shall not receive for resale, buy, sell or trade in any manner whatsoever any swine that they have reasons to believe have been fed or have had access to uncooked garbage. 8.17. Wildlife. 8.17.a. The Commissioner will not allow the importation of any wildlife into this state without a valid CVI and without evidence that the animal has been issued a valid "Wildlife Importation Permit" by the Division of Natural Resources, unless that animal is not required to obtain that permit by the Department of Natural Resources. 8.17.b. Cervidae and Elk. 8.17.b.1. A person shall not import any animal of the Cervidae genus, except for animals that are consigned directly to slaughter, without a valid CVI issued by an accredited veterinarian and a special permit from the Commissioner. The CVI shall indicate that the animal: 8.17.b.1.A. is from a herd that has had no tuberculosis reactors found during a complete herd test for tuberculosis on all animals 6 months of age and older within the 12 months prior to the importation; and, 8.17.b.1.B. is an animal that has had a negative tuberculosis test within 2 months prior to the importation of the animal; and 8.17.b.1.C. has had a negative brucellosis test within 1 month prior to the importation of the animal.8.17.b.2. For purposes of this section, the complete herd test for tuberculosis shall use the single cervical test as prescribed by the United States Department of Agriculture on December 31, 1990.or equivalent approved test (DPP Test Dual Path Platform Test April 2014), approved by USDA APHIS Veterinary Services. 8.17.b.3. A person shall not import any animal of the Cervidae genus consigned directly to slaughter without an CVI and may only import an animal that has been exposed to tuberculosis or brucellosis with a VS FORM 1-27 issued by APHIS accompanying the animal. 8.17.c. No person may import any animal into West Virginia that is to be placed in a zoo, or is of a species likely to be found in a zoo, without a valid CVI issued by an accredited veterinarian. The CVI shall state that the animal has been examined within 1 month prior to entry and found to be free of any communicable disease not known to have been exposed to any communicable disease.8.18. Dogs and Cats. 8.18.a. A person shall not import any dog or cat into this state that is over 2 months of age without a valid CVI stating that the animal over 6 months of age has had a rabies vaccination within the 12 months prior (unless the animal is between 6 and 18 months of age) to the importation. Dogs and cats must be vaccinated for rabies by 6 months of age. 8.19. Birds Other than ratites. 8.19.a. A person shall not import any bird that is from a flock that is known to be infected with pullorum/typhoid or that is from an area under quarantine for Avian Influenza or Viscerotropic Velogenic Newcastle Disease. 8.19.b. The Commissioner requires that any bird that is imported into this state be accompanied by: 8.19.b.1. a statement completed and signed by the owner of the bird upon entry into this state that the bird has been free from disease for the 30 days prior to the importation of the bird and did not originate from a flock known to be infected with pullorum/typhoid; and 8.19.b.2. a United States Department of Agriculture Form 9-2 from the tester stating that the birds have been tested for pullorum/typhoid within 3 months prior to the date of the importation; or8.19.b.3. a United States Department of Agriculture Form 9-3 from the tester indicating that the bird has originated from a flock that is not infected with pullorum/typhoid; and 8.19.b.4. a United States Department of Agriculture Form 9-3 stating that a minimum of 20 birds per flock or the entire flock of 20 birds or less has a negative test for Avian Influenza within 10 days prior to import and this applies to breeder flocks/egg production; or be a participant in the National Poultry Improvement Avian Influenza Program. The test shall be a NPIP approved procedure. 8.19.c. All other birds, except those identified below, shall be tested for pullorum/typhoid/Avian Influenza and shown to be free of disease by a tester within ten days prior to the time of importation or exhibition. The following birds are exempted from Avian Influenza and Pullorum import testing requirements, providing they originate from a state not affected by Virulent Newcastle Disease (VND) or Avian Influenza (AI): 8.19.c.1. Individual exotic pet birds; 8.19.c.2. Non-Gallinaceous birds held in collections by accredited zoos; and 8.19.c.3. Other birds not defined as poultry. 8.19.d. Imported animals not meeting the requirements of this subsection shall be placed under quarantine at the discretion of the Commissioner, until completion of required testing. 8.19.e. Birds imported into West Virginia for immediate/direct slaughter that are classified as non-commercial according to the National Poultry Improvement Plan (NPIP) are required to show that a minimum of 20 birds per flock or the entire flock of 20 birds or less has a negative test for Avian Influenza within 14 days prior to import for slaughter. Poultry imported into West Virginia for slaughter must originate from flocks participating in the NPIP or be tested negative for pullorum/typhoid with 90 days of entry for slaughter. 8.20. Ratites. 8.20.a. A person shall not import any ratite that is from a flock or farm known to be infected with any communicable disease. 8.20.b. The Commissioner requires that any ratite imported into this state be accompanied by: 8.20.b.1. an approved health certificate issued by an accredited veterinarian; 8.20.b.2. a negative AGID test for avian influenza in a federal approved laboratory within 14 days prior to shipment with test date and results listed on the health certificate; 8.20.b.3. permanent identification listed on the health certificate; and 8.20.b.4. a permit issued by the West Virginia Department of Agriculture, with the permit number listed on the interstate health certificate. 8.21. Camelids. 8.21.a. A person shall not import any camelid that is from a farm known to be infected with any communicable disease.8.21.b. The Commissioner requires that any camelid imported into this state be accompanied by an approved health certificate issued by an accredited veterinarian.