CHAPTER 3a. TEMPORARY GUIDELINES FOR
THE IMPORTATION AND INTRASTATE
TRANSPORTATION OF CERVIDS AND CAMELIDS—
STATEMENT OF POLICY

 This chapter is intended to provide owners, transporters, keepers and potential purchasers of cervids or camelids with guidelines as to those procedures or protocols which the Department intends to apply to ensure that these animals do not introduce dangerous transmissible diseases into the domestic animal population of this Commonwealth, or spread the diseases once they have been detected within this Commonwealth. This chapter is not exhaustive, and does not circumscribe or limit the Department’s authority to take action to protect the health of domestic animals, to allow exceptions to the procedures or protocols set forth in this chapter or to otherwise exercise its discretion under the Domestic Animal Law.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Accredited cervid herd—A herd of cervids with respect to which all of the following are correct:

   (1)  The herd has passed at least three consecutive official tuberculosis tests of all animals 12 months of age and older conducted at intervals of no less than 9 months and no more than 15 months.

   (2)  The herd shows no evidence of bovine tuberculosis.

   (3)  The herd meets the standards set forth in the most recent edition of the Uniform Methods and Rules for Tuberculosis Eradication in Cervidae, developed by the Animal and Plant Health Inspection Service of USDA.

   Brucellosis—An infectious disease of animals and man caused by Brucella abortus, Brucella suis, Brucella melitensis or Brucella ovis.

   Brucellosis-monitored cervid herd—A cervid herd raised under range conditions in which sufficient numbers of sexually intact animals 6 months of age or older have been tested to provide a 95% probability of detecting a 2% brucellosis prevalence in the herd.

   Camelid—An animal that belongs to the Family Camelidae. A llama is an example of a camelid.

   Certified brucellosis-free cervid herd—A herd of cervids with respect to which all of the following are correct:

     (i)   All animals 12 months of age or older have passed at least three consecutive official brucellosis tests conducted at intervals of no less than 9 months and no more than 15 months.

     (ii)   The herd shows no evidence of brucellosis.

     (iii)   The herd meets the standards set forth in the most recent edition of the Uniform Methods and Rules for Brucellosis in Cervidae, developed by the Animal and Plant Health Inspection Service of USDA.

   Cervid—An animal that belongs to the Family Cervidae. Deer and elk are examples of cervids.

   Department—The Department of Agriculture of the Commonwealth.

   Domestic animal—An animal maintained in captivity.

   Domestic Animal Law—3 Pa.C.S. § §  2301—2389.

   Qualified herd—A herd of cervids with respect to which all of the following are correct:

     (i)   The herd has undergone at least one complete official negative tuberculosis test of all animals 12 months of age and older within the past 12 months.

     (ii)   The herd is not classified as an accredited herd.

     (iii)   The herd shows no evidence of tuberculosis.

     (iv)   The herd meets the standards of the Uniform Methods and Rules (UMR) for Tuberculosis Eradication in Cervidae, published by the USDA.

   Tuberculosis—An infectious disease of cattle, bison, sheep, goats, swine, horses, cervidae, camelids and man caused by Mycobacterium bovis, M. avium or M. tuberculosis.

   Tubercullosis-monitored cervid herd—A herd of cervids with respect to which all of the following are correct:

     (i)   Identification records are maintained for animals over 12 months of age that are slaughtered and inspected for tuberculosis at an approved State or Federal slaughter facility or an approved laboratory, so that each slaughtered animal can be identified to the herd.

     (ii)   The number of animals slaughtered and inspected for tuberculosis at an approved State or Federal slaughter facility or an approved laboratory shall be evenly distributed over a 3-year period, at a rate to provide a 95% probability of detecting a 2% tuberculosis prevalence in the herd.

   USDA—The United States Department of Agriculture.

 (a)  Identification required. A person may not import camelids or cervids into this Commonwealth unless each animal is individually identified by a unique ear tag issued or approved by the state or country of origin, by a permanent tag or unique mark approved by the Department or by some other device or means of identification approved by the Department.

 (b)  Health requirements.

   (1)  General. Camelids and cervids may only be imported into this Commonwealth if the importation is done in compliance with § §  3.3, 3.4 and 3.6 (relating to requirements for importation; health certificates for imported animals; and vehicular sanitation). For purposes of this chapter, the term ‘‘animal’’ as defined in §  3.1 (relating to definitions), shall be construed to include camelids and cervids held in captivity.

   (2)  Cervids. As a condition of importation, each cervid shall be accompanied by a written certification from a USDA-accredited veterinarian of the state or country of origin that the animal identified in that document originated from a herd that is not known to be infected with an infectious or contagious, or both, disease and that the specific test requirements of the Department have been met. This certification shall be dated and issued no more than 30 days prior to the importation of the subject cervid into this Commonwealth. The specific test requirements are as follows:

     (i)   Brucellosis. At least one of the following conditions shall be met for cervids 12 months of age or older to be imported into this Commonwealth:

       (A)   The cervids are brucellosis test-negative, according to USDA recommended protocol, no more than 30 days prior to importation.

       (B)   The cervids originate from a brucellosis-monitored cervid herd and be test negative within 90 days prior to importation.

       (C)   The cervids originate from a certified brucellosis-free cervid herd.

     (ii)   Tuberculosis. At least one of the following conditions shall be met for cervids to be imported into this Commonwealth:

       (A)   The cervids are accompanied by a certificate verifying that they were classified negative to two consecutive USDA-approved tuberculosis tests, which were conducted at least 90 days apart, with the most recent test having been conducted within 90 days prior to importation, and that the cervids were isolated from all other members of the herd during the testing period.

       (B)   The cervids originate from an accredited cervid herd.

       (C)   The cervids originate from a qualified herd and have tested negative for tuberculosis within 90 days prior to importation. If the qualifying herd test was administered within this 90-day period and the results are test-negative, no additional test is required.

       (D)   The cervids originate from a tuberculosis-monitored cervid herd and have tested negative for tuberculosis within 90 days prior to importation.

       (E)   The cervids are less than 12 months of age, originate and were born in an accredited cervid herd, a qualified herd or a tuberculosis-monitored cervid herd and have not been exposed to cervids from a lower status with respect to tuberculosis risk.

   (3)  Camelids. As a condition of importation, each camelid shall be accompanied by a written certification from a USDA-accredited veterinarian of the state or country of origin that the animal identified in that document originated from a herd that is not known to be infected with an infectious or contagious, or both, disease and that the specific test requirements of the Department have been met. This certification shall be dated and issued no more than 30 days prior to the importation of the subject camelid into this Commonwealth. The specific test requirements are as follows:

     (i)   Brucellosis. Camelids 12 months of age or older shall be brucellosis test-negative, according to USDA recommended protocol, no more than 60 days prior to importation.

     (ii)   Tuberculosis. Camelids 12 months of age or older shall be negative to a USDA approved tuberculosis test no more than 90 days prior to importation.

 (a)  Identification required. A cervid that is transported from one location within this Commonwealth to another location within this Commonwealth for sale, exhibition or commingling with other domestic animals shall be individually identified by a unique ear tag issued or approved by the Department, or by a permanent tattoo or unique mark approved by the Department, or by some other device or means of identification used with the advance written approval of the Department.

 (b)  Health requirements. As a condition of intrastate transportation of cervids for sale, exhibition or commingling with other domestic animals, each cervid that is 12 months of age or older shall be accompanied by the written certification of a USDA-accredited veterinarian that the animal identified in that document is brucellosis test-negative and tuberculin test-negative, according to USDA recommended protocols, no more than 180 days prior to movement.

 (c)  Exemptions. A cervid shall be exempt from the identification and health requirements of subsections (a) and (b) if the cervid is moved intrastate directly to slaughter, a hunting preserve for purposes of being shot or to an exhibition where there are no other hoof stock.

 (a)  Bovine tuberculosis-related quarantines. If the Department imposes a quarantine as a result of the suspected presence of bovine tuberculosis in a herd containing camelids or cervids, or on the basis that a herd containing camelids or cervids has been exposed to bovine tuberculosis, one of the following minimum requirements shall be met as a precondition to the release of the quarantine:

   (1)  Exposed or infected animals have been removed from the quarantined premises, a sanitation protocol approved by the Department has been completed and no susceptible domestic animals have been on the premises for at least 30 days after completion of the sanitation protocol. In a newly assembled herd on premises where a tuberculous herd has been depopulated, two annual whole-herd tests shall be given. The first test is to be given approximately 6 months after assembly of the new herd. If the premises has been vacated for 1 year, these requirements may be waived at the Department’s discretion.

   (2)  Tuberculin test reactors have been removed from the quarantined premises, and the animals remaining at the quarantined premises have been tuberculin test-negative, according to USDA protocol, on at least three separate tests of all the animals on the quarantined premises. The first test of the animals on the premises shall be conducted at least 90 days after the last reactor has been removed from the quarantined premises. The second and third tests shall be conducted at least 180 days following the immediately preceding test.

 (b)  Brucellosis-related quarantines. If the Department imposes a quarantine as a result of the suspected presence of brucellosis in camelids or cervids, or on the basis that camelids or cervids have been exposed to brucellosis, one of the following minimum requirements shall be met as a precondition to the release of the quarantine:

   (1)  Exposed or infected animals have been removed from the quarantined premises, a sanitation protocol approved by the Department has been completed and no animals have been on the premises for at least 30 days after completion of the sanitation protocol.

   (2)  Brucellosis test reactors have been removed from the quarantined premises, and the animals remaining at the quarantined premises have been brucellosis test-negative, according to USDA protocol, on at least two separate tests of the animals on the quarantined premises. The first test of the animals on the premises shall be conducted at least 30 days after the last reactor has been removed from the quarantined premises. The second test shall be conducted at least 180 days following the immediately preceding test. Additionally, a postquarantine test shall be conducted 6 to 12 months after release from quarantine.

   The provisions of this §  3a.6 amended May 19, 2000, effective May 20, 2000, 30 Pa.B. 2482. Immediately preceding text appears at serial pages (228067) to (228068).

 (a)  Refusal to allow testing. If an owner or consignee refuses to allow the Department to conduct testing of camelids or cervids, those animals shall be held in quarantine at the expense of the owner until released by the Department.

 (b)  Epidemiological examination. If camelids or cervids have been infected with a dangerous transmissible disease, or have been exposed to such a disease, the epidemiological investigation shall determine the herd of origin of each quarantined animal and the disposition of animals removed from the quarantined premises within either the 3 years immediately preceding the date that the quarantine was imposed or from the last occasion when the entire herd was test-negative for the particular disease involved, whichever period is shorter.

 This chapter does not supplant, supersede or otherwise effect responsibility imposed under 34 Pa.C.S. § §  101—2965 (relating to the Game and Wildlife Code) or another statute or regulation of the Commonwealth or the Federal government.