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§ 795.62. Swine Pseudorabies-Mandatory Herd Eradication.

3 CA ADC § 795.62Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 3. Food and Agriculture
Division 2. Animal Industry
Chapter 2. Livestock Disease Control (Refs & Annos)
Article 8. Swine Disease Programs
3 CCR § 795.62
§ 795.62. Swine Pseudorabies-Mandatory Herd Eradication.
(a) Hold Order. The Secretary shall place all swine on any premises suspected of being infected with or having been exposed to pseudorabies through either domestic or feral sources of the disease under a hold order. The Secretary shall serve either the owner or owner's agent with a hold order that specifies that the animals are to be held on the premises where found or at another location as the Secretary may deem necessary.
(1) Upon receipt of a written permit for movement of animals, swine from a herd under a hold order may only move directly to a location specified in the permit.
(2) It shall be a violation for an owner or owner's agent to sell, loan, trade, barter, or otherwise move swine under a hold order from the identified premises without written permission of the Secretary.
(b) Herd Plan. A herd plan for the eradication of pseudorabies from an infected herd shall be prepared by the owner in cooperation with the Department not later than sixty days after the date of the hold order. Herds currently under a hold order for Pseudorabies shall prepare a herd plan not later than 60 days after the effective date of this regulation.
(1) The Secretary shall conduct an epidemiological investigation of the infected herd and premises to determine the actions necessary to eradicate the disease from the herd.
(2) The owner of an infected herd may request the participation of a licensed, accredited veterinarian in the epidemiological investigation and the preparation of the herd plan. The cost of the services of the participating veterinarian shall be at the owner's expense.
(3) The herd plan shall be based on one of the strategies outlined in the Livestock Conservation Institute's “Swine Pseudorabies Eradication Guidelines”, Copyright 1990, or other such strategy as approved by the Secretary. The herd plan shall specify the methods and actions necessary to eradicate pseudorabies from the infected herd, and may include herd management practice, modification of facilities, separation from feral swine, cleaning and disinfection of premises, and vaccination procedures. The herd plan shall schedule tasks and accomplishments to provide a realistic probability of eradicating pseudorabies from the affected herd within 24 months of the date of the hold order, or not later than 24 months from the effective date of this regulation. Upon a showing of good cause the 24 month period may be extended by the Secretary.
(4) The herd plan required by (b)(3) shall constitute an agreement between the owner of the infected herd and the Secretary. Failure to enter into a herd plan within the time specified in (b) constitutes a violation.
(c) Expenses. If the owner elects to use pseudorabies vaccine, the expense of the pseudorabies vaccine shall be the responsibility of the owner of the infected herd. The use of pseudorabies vaccine is subject to the Secretary's approval.
(d) Testing. Within 24 months of the date of the hold order, the Secretary may provide for blood sample collection and laboratory testing for pseudorabies virus. For the purposes of this section, the following definitions apply:
(1) “Official pseudorabies epidemiologist” is a State or Federal veterinarian designated by the State animal health official and veterinarian in charge to investigate and diagnose suspected pseudorabies in livestock. The official pseudorabies epidemiologist is expected to have had special training in the diagnosis and epidemiology of pseudorabies which will provide the unique qualifications demanded by the position.
(2) “Official pseudorabies serological test” - Any official test approved by the Administrator of Animal and Plant Health Inspection Service, United States Department of Agriculture for diagnosis of pseudorabies in swine, conducted in a laboratory approved by the Administrator, and listed in Section 9 of the Code of Federal Regulations (CFR), Part 85.1, to determine the presence or absence of pseudorabies antibodies.
(3) “Official random-sample test (95/10)” - A sampling procedure utilizing official pseudorabies serological tests which provides a 95-percent probability of detecting infection in a herd in which at least 10 percent of the swine are seropositive for pseudorabies. Each segregated group of swine on an individual premises must be considered a separate herd and sampled as follows: Less than 100 head-test 25, 100-200 head-test 27, 201-999 head-test 28, 1,000 and over-test 29.
(4) “Official random-sample test (95/5)” - A sampling procedure utilizing official pseudorabies serologic tests which provides a 95-percent probability of detecting infection in a herd in which at least 5 percent of the swine are seropositive for pseudorabies. Each segregated group of swine on an individual premises must be considered a separate herd and sampled as follows: Less than 100 head-test 45, 100-200 head-test 51, 201-999 head-test 57, 1,000 and over-test 59.
(e) Compliance. If an owner fails or refuses to participate in the development and execution of the herd plan required by (b), (b)(3), and (b)(4), to comply with the provisions of the herd plan or to eradicate pseudorabies from the herd within 24 months, the owner shall be in violation of these regulations. The owner may appeal to the Secretary for an extension beyond the 24 month period.
(f) Procedures For Release of Hold Order. The Secretary shall release the herd of swine from the hold order when no livestock or other animals on the premises have shown clinical signs of pseudorabies after removal of positive swine and at least one of the four following conditions has been met:
(1) All swine were removed from the premises; the premises were cleaned and disinfected under official supervision with a disinfectant approved for such use by United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services; and the premises have been maintained free of swine for 30 days or a period of time determined adequate by an official pseudorabies epidemiologist.
(2) All swine positive to an official pseudorabies serological test have been removed from the premises. All remaining swine, except suckling pigs, were subjected to an official pseudorabies serological test and found negative 30 days or more after removal of all positive swine.
(3) All swine positive to an official pseudorabies serological test have been removed from the premises; all breeding swine that remain in the herd and an official random sample (95/10) of grower-finishing swine over 2 months of age are subjected to an official pseudorabies serological test and found negative 30 days or more after removal of positive swine. A second test of grower-finishing swine at least 30 days after the first test is required for so long as the State is in Stage III or IV of the United States Department of Agriculture, Swine Pseudorabies Eradication Program.
(4) All swine present on the date the hold order was imposed have been removed, and there have been no clinical signs in the herd for at least 6 months. Two successive official random sample (95/10) tests of the breeding herd (95/5 for Stage III States), and two successive official random sample (95/10) tests of progeny at least 4 months of age, conducted at least 90 days apart, have been determined by the official pseudorabies epidemiologist to reveal no infection. Herds released from the hold order by this provision are required to be tested by an official random sample (95/10) test one year after release of the hold order. This provision shall remain in effect for so long as the State is in Stage III of the United States Department of Agriculture, Swine Pseudorabies Eradication Program.
(g) The Secretary may require additional herd tests prior to release of the hold order if pseudorabies is present on neighboring farms or if reintroduction of infection into the herd is suspected.

Credits

Note: Authority cited: Sections 407, 9561, 9568, 9569 and 10781, Food and Agricultural Code. Reference: Sections 408, 9163, 9165, 9531, 9565, 9566 and 9567, Food and Agricultural Code.
History
1. New section filed 9-12-95; operative 10-12-95 (Register 95, No. 37).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 3, § 795.62, 3 CA ADC § 795.62
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