Scrapie: Sheep and Goats Less Than 1 Year of Age Moved to Slaughter

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 54 and 79

[Docket No. 93-050-2]

Scrapie: Sheep and Goats Less Than 1 Year of Age Moved to

Slaughter

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the scrapie regulations to allow sheep and

goats less than 1 year of age from scrapie-infected or source flocks to

move interstate to slaughter, without being permanently identified with

an indelible ``S'' mark, if they are accompanied by a permit and moved

in a sealed means of conveyance. We are also providing that the

diagnosis of scrapie necessary to categorize a flock as an infected

flock, source flock, or trace flock must have been made after March 31,

1989, and are providing that flank tattoos and ear tattoos are

acceptable forms of identification for certain sheep and goats moved

interstate. These changes will provide safeguards necessary to guard

against the interstate spread of scrapie, while eliminating

unnecessarily restrictive marking and identification requirements.

EFFECTIVE DATE: May 31, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. Dan Harpster, Senior Staff

Veterinarian, Miscellaneous Diseases Staff, Veterinary Services, APHIS,

USDA, room 701, Federal Building, 6505 Belcrest Road, Hyattsville, MD

20872, (301) 436-6954.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 79 (referred to below as the

regulations) contain provisions restricting the interstate movement of

sheep and goats because of scrapie. Scrapie is a progressive

degenerative disease of the central nervous system of sheep and goats.

The disease develops slowly, with an incubation period lasting from

months to years. The regulations are designed to prevent the interstate

transmission of scrapie.

On November 12, 1993, we published in the Federal Register (58 FR

59955-59959, Docket No. 93-050-1) a proposal to amend the regulations

to allow sheep and goats less than 1 year of age from scrapie-infected

or source flocks to move interstate to slaughter, without being

permanently identified with an indelible ``S'' mark, if they are

accompanied by a permit and are moved in sealed means of conveyance. We

also proposed to provide that the diagnosis of scrapie necessary to

categorize a flock as an infected flock, source flock, or trace flock

must have been made after March 31, 1989, and proposed to make flank

tattoos and ear tattoos acceptable forms of identification for certain

sheep and goats moved interstate.

We solicited comments concerning our proposal for a 60-day comment

period ending January 11, 1994. We received four comments by that date,

from a member of the lamb industry, a veterinary medical association,

and two sheep industry associations. One commenter supported the entire

proposal. One commenter raised issues beyond the scope of the proposal.

The other two commenters supported the proposal with one

qualification. Both indicated that our proposal stated that flank

tattoos and ear tattoos should be considered acceptable forms of

identification because electronic implant devices are ``unavailable.''

The commenters stated that, rather than being unavailable, electronic

implant devices enjoy widespread acceptance and usage. Both commenters

stated that such devices offer more consistency and are more likely to

be permanent than other forms of identification. One of the commenters

recommended that the Animal and Plant Health Inspection Service (APHIS)

coordinate the distribution and application of electronic implants for

the voluntary scrapie flock certification program.

We are making no changes based on these comments. We agree with the

commenters that electronic implant devices are in many ways superior to

either flank tattoos or ear tattoos. However, at present, electronic

implant devices are cost-prohibitive for many owners.

In addition to this problem, there does not yet exist an

internationally recognized set of standards for electronic implant

devices. Therefore, a reader capable of reading one type of electronic

implant device might not be able to read another. Although APHIS is

committed to purchasing electronic implant readers as part of the

voluntary scrapie flock certification program, we do not consider such

purchases advisable until one reader can be used on several different

companies' implants. For these reasons, we consider it appropriate at

this time to allow forms of identification other than electronic

implant devices.

Therefore, based on the rationale set forth in the proposed rule

and in this document, we are adopting the provisions of the proposal as

the final rule.

Executive Order 12866 and Regulatory Flexibility Act

This rule has been determined to be not significant for purposes of

Executive Order 12866 and therefore has not been reviewed by the Office

of Management and Budget.

The changes we are making include allowing the interstate movement

to slaughter of sheep and goats less than 1 year of age from scrapie-

infected flocks or source flocks that do not meet the requirements of

Sec. 79.2 (a)(1) through (a)(7) of the regulations, if the animals are

moved in a sealed means of conveyance and accompanied by a permit. This

approach will be less restrictive and more efficient than allowing

these animals to be moved interstate only if the animals have been

identified with an ``S'' mark to the left jaw.

Although the change applies to both sheep and goats, at present no

goats are being moved interstate with an ``S'' mark.

There are approximately 92,500 sheep farms in the United States,

with approximately 11 million sheep. The large majority of these are

small entities. Ninety-nine percent of the sheep farms in this country

each have annual sales totalling less than $500,000, and approximately

77,000 have fewer than 100 sheep.

The number of farms and animals that will be affected by this

change is relatively small. There are approximately 81 infected or

source flocks in this country, with only about 4,050 animals. All of

these flocks are on what are considered small farms. The total number

of farms affected will be less than .1 percent of the total number of

sheep farms in the United States.

It costs approximately $0.50 to brand a lamb. This amount will be

saved by those farms that choose to ship animals according to the

regulations. This compares to the average market value for a finished

market lamb of $65.

We are also providing that the diagnosis of scrapie necessary to

categorize a flock as an infected flock, source flock, or trace flock

must have been made after March 31, 1989. This change excludes from

such categorizations flocks that completed a 42-month surveillance

period prior to October 1, 1992, and in which scrapie has not been

diagnosed since. This change clarifies our intent as to the definitions

in question and will have no economic effect.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this rule will not

have a significant economic impact on a substantial number of small

entities.

Executive Order 12778

This rule has been reviewed under Executive Order 12778, Civil

Justice Reform. This rule: (1) Preempts all State and local laws and

regulations that are in conflict with this rule; (2) has no retroactive

effect; and (3) does not require administrative proceedings before

parties may file suit in court challenging this rule.

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.

3501 et seq.), the information collection or recordkeeping requirements

included in this final rule have been submitted for approval to the

Office of Management and Budget.

List of Subjects

9 CFR Part 54

Animal diseases, Goats, Indemnity payments, Sheep.

9 CFR Part 79

Animal diseases, Quarantine, Sheep, Transportation.

Accordingly, 9 CFR parts 54 and 79 are amended as follows:

PART 54--CONTROL OF SCRAPIE

1. The authority citation for part 54 continues to read as follows:

Authority: 21 U.S.C. 111, 114, 114a, 134a-134h; 7 CFR 2.17,

2.51, and 371.2(d).

2. Section 54.1 is amended as follows:

a. The definitions of infected flock, source flock, and trace flock

are revised to read as set forth below.

b. The definitions of Veterinary Services and Veterinary Services

representative are removed.

c. The words ``a Veterinary Services'' are removed and ``an APHIS''

are added in their place in the following places:

i. The definition of affected animal;

ii. The definition of flock plan, first sentence; and

iii. The definition of scrapie-exposed animals.

d. The definition of Area Veterinarian in Charge is amended by

removing the words ``Veterinary Services'' and ``the Animal and Plant

Health Inspection Service'' and adding ``APHIS'' in their place.

e. In the definition of flock plan, the second sentence is amended

by removing the words ``Veterinary Services'' and adding ``APHIS'' in

their place.

Sec. 54.1 Definitions.

* * * * *

Infected flock. Any flock in which an APHIS representative or a

State representative has determined an animal to be a scrapie-positive

animal after March 31, 1989. A flock will no longer be an infected

flock after it has completed the requirements of a flock plan.

* * * * *

Source flock. A flock in which an APHIS representative or a State

representative has determined that at least two animals were born that

were diagnosed as scrapie-positive animals at an age of 54 months or

less. In order for the flock to be a source flock, the second scrapie-

positive diagnosis must have been made within 60 months of the first

scrapie-positive diagnosis and after March 31, 1989. A flock will no

longer be a source flock after it has completed the requirements of a

flock plan.

* * * * *

Trace flock. A flock in which an APHIS representative or a State

representative has determined that one animal was born that was

diagnosed as a scrapie-positive animal at an age of 54 months or less.

In order for the flock to be a trace flock, the scrapie-positive

diagnosis must have been made after March 31, 1989. A flock will no

longer be a trace flock after it has completed the requirements of a

flock plan.

* * * * *

PART 79--SCRAPIE IN SHEEP AND GOATS

3. The authority citation for part 79 is revised to read as

follows:

Authority: 21 U.S.C. 111-114a, 115, 117, 120, 121, 123-126,

134b, 134f; 7 CFR 2.17, 2.51, and 371.2(d).

Sec. 79.1 [Amended]

4. In Sec. 79.1, definition of flock plan, the second sentence is

amended by removing the words ``Veterinary Services'' and adding

``APHIS'' in their place.

5. Section 79.1 is amended by removing the definition of Veterinary

Services representative; by revising the definitions of infected flock,

source flock, and trace flock; and by adding Animal and Plant Health

Inspection Service, APHIS representative, and permit in alphabetical

order to read as follows:

Sec. 79.1 Definitions.

* * * * *

Animal and Plant Health Inspection Service (APHIS). The Animal and

Plant Health Inspection Service of the United States Department of

Agriculture.

APHIS representative. An individual employed by APHIS who is

authorized to perform the function involved.

* * * * *

Infected flock. Any flock in which an APHIS representative or a

State representative has determined an animal to be a scrapie-positive

animal after March 31, 1989. A flock will no longer be an infected

flock after it has completed the requirements of a flock plan.

Permit. An official document (VS Form 1-27) issued by an APHIS

representative that indicates the following: the shipper's or

consignor's name and address; the consignee's name and address; the

State where the permit was issued; points of origin and destination of

the animals being moved interstate; purpose of the movement; number and

species of animals covered by the permit; whether the animals are from

an infected flock or a source flock; transportation vehicle license

number or other identification number; and seal number.

* * * * *

Source flock. A flock in which an APHIS representative or a State

representative has determined that at least two animals were born that

were diagnosed as scrapie-positive animals at an age of 54 months or

less. In order for the flock to be a source flock, the second scrapie-

positive diagnosis must have been made within 60 months of the first

scrapie-positive diagnosis and after March 31, 1989. A flock will no

longer be a source flock after it has completed the requirements of a

flock plan.

* * * * *

Trace flock. A flock in which an APHIS representative or a State

representative has determined that one animal was born that was

diagnosed as a scrapie-positive animal at an age of 54 months or less.

In order for the flock to be a trace flock, the scrapie-positive

diagnosis must have been made after March 31, 1989. A flock will no

longer be a trace flock after it has completed the requirements of a

flock plan.

* * * * *

6. Section 79.2 is amended as follows:

a. Paragraphs (a)(1) through (a)(7) are redesignated as paragraphs

(a)(2)(i) through (a)(2)(vii), respectively.

b. Paragraph (a) introductory text is revised and paragraphs (a)(1)

and (a)(2) introductory text are added to read as set forth below.

c. In newly redesignated paragraph (a)(2)(ii), the first sentence

is amended by removing the words ``Veterinary Services'' and adding

``APHIS'' in their place.

d. In newly redesignated paragraph (a)(2)(iii), the third sentence

is revised to read as set forth below.

e. Newly redesignated paragraph (a)(2)(iv) is revised to read as

set forth below.

f. Newly redesignated paragraph (a)(2)(v) is amended by removing

the words ``Veterinary Services'' and adding ``APHIS'' in their place.

g. Newly redesignated paragraph (a)(2)(vi) is amended by removing

the reference to ``paragraph (a)(4)'' and adding ``paragraph

(a)(2)(iv)'' in its place; and by removing the words ``Veterinary

Services'' and adding ``APHIS'' in their place.

h. Newly redesignated paragraph (a)(2)(vii) is amended by removing

the reference to ``paragraph (a)(2)'' and adding ``paragraph

(a)(2)(ii)'' in its place.

Sec. 79.2 General restrictions.

(a) Except as provided in paragraphs (a)(1) and (a)(2) of this

section, no scrapie-positive animal, animal from an infected flock, or

animal from a source flock may be moved interstate, unless the animal

has been permanently identified with an indelible mark in the form of

the letter ``S,'' at least 1'' by 1'', applied on the left jaw.

(1) Animals less than 1 year of age may be moved interstate to

slaughter from an infected flock or a source flock if the animals are

moved in a means of conveyance sealed by an APHIS representative and

are accompanied by a permit.

(2) High-risk animals less than 1 year of age moving in slaughter

channels and animals other than high-risk animals may be moved

interstate if the animals are from infected flocks or source flocks

meeting the following conditions:1

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\1\Owners of flocks participating in the Voluntary Scrapie Flock

Certification Program described in 9 CFR part 54 agree to follow the

``Uniform Methods and Rules--Voluntary Scrapie Flock Certification''

(the UM&R), which include, among other requirements, the conditions

in this section. Individual copies of the UM&R may be obtained from

the Administrator, c/o Sheep, Goat, Equine, and Poultry Diseases

Staff, Animal and Plant Health Inspection Service, United States

Department of Agriculture, 6505 Belcrest Road, Hyattsville, MD

20782; or from the American Sheep Industry Association, Producer

Services, 6911 S. Yosemite Street, Englewood, CO 80112-1414,

telephone (303) 771-3500.

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* * * * *

(iii) * * * The form of identification shall be an electronic

implant, flank tattoo, or ear tattoo, providing a unique identification

number that may be applied by the owner of the flock or his or her

agent in accordance with instructions by an APHIS representative, State

representative, or an accredited veterinarian.

(iv) The owner of the flock or his or her agent shall maintain, and

keep for a minimum of 5 years after an animal dies or is otherwise

removed from a flock, the following records for each animal in the

flock: The animal's individual identification number from its

electronic implant, flank tattoo, or ear tattoo, and any secondary form

of identification the owner of the flock may choose to maintain; sex;

breed; date of acquisition and source (previous flock), if the animal

was not born in the flock; and disposition, including the date and

cause of death, if known, or date of removal from the flock.

* * * * *

Secs. 79.2 and 79.3 [Amended]

7. In addition to the amendments set forth above, 9 CFR part 79 is

amended by removing the words ``a Veterinary Services'' and adding, in

their place, the words ``an APHIS'' in the following places:

a. Section 79.2, newly redesignated Sec. 79.2(a)(2)(ii), last

sentence; and newly designated (a)(2)(vii), both places they appear;

and

b. Section 79.3(b).

Sec. 79.3 [Amended]

8. In Sec. 79.3, paragraph (a) is amended by removing the words ``A

Veterinary Services'' and replacing them with the words ``An APHIS''

each time they appear.

Done in Washington, DC, this 20th day of April 1994.

Patricia Jensen,

Acting Assistant Secretary, Marketing and Inspection Services.

[FR Doc. 94-10030 Filed 4-26-94; 8:45am]

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