W. Va. Code R. § 61-19-20

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-19-20 - Animal health

20.1. All animals in the herd shall be maintained in a healthy condition.

20.2. All animals' milk for processing milk or milk products shall be from herds under a brucellosis eradication program which meets one of the following conditions, or eradication program for animals' health:

20.2.1. The herd is located in a Certified Brucellosis-Free Area as defined by the United States Department of Agriculture and enrolled in the testing program for the areas;

20.2.2. The herd is located in a Modified Certified Brucellosis Area as defined by the United States Department of Agriculture and enrolled in the testing program for the areas;

20.2.3. The herd meets United States Department of Agriculture requirements for an individually certified herd;

20.2.4. The herd is participating in a milk ring testing program which is conducted on a continuing basis at intervals of not less than every three (3) months or more than every six (6) months with individual blood tests on all animals in herds showing suspicious reactions to the milk ring test; or

20.2.5. The herd has an individual blood agglutination test annually with an allowable maximum grace period not exceeding two (2) months.

20.3. All animals' milk for manufacturing milk products shall be from herds which are located in a Modified Accredited Tuberculosis Area as determined by the United States Department of Agriculture. A Modified Accredited Tuberculosis Area requires all dairy herds to be tested every six (6) years with an allowable maximum grace period of two (2) months. Herds located in an area that fails to maintain accredited status shall be accredited by the United States Department of Agriculture as tuberculosis free or shall pass an annual tuberculosis test.

20.4. For diseases other than brucellosis and tuberculosis the Commissioner may require any physical, bacteriological, or chemical tests he or she determines necessary. The diagnosis of other diseases in dairy animals shall be based upon the findings of a licensed veterinarian or a veterinarian in the employ of the Commissioner. Any producer owning a diseased animal disclosed by the test shall dispose of the animal as the Commissioner directs.

20.5. Regardless of location or other herd status, a milk producer whose herd:

20.5.1. Has a suspicious milk ring test result shall have the entire herd blood tested within thirty days after the date of the laboratory test.

20.5.2. Is identified as the origin of a brucellosis reactor animal shall have the entire herd blood tested within thirty days after the laboratory tests, unless the test requirement has been waived by an epidemiological investigation conducted by the director.

20.5.3. Is identified as the origin of a tuberculosis reactor or suspect, shall follow all statutes, rules, and recommendations of the Commissioner concerning the testing and disposition of animals in the herd.

W. Va. Code R. § 61-19-20