Swine Brucellosis

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 51 and 78

[Docket No. 94-007-1]

Swine Brucellosis

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the brucellosis indemnity regulations to

provide for payment at fair market value for whole herds of swine

depopulated because of brucellosis. This action is necessary to

eliminate in an expeditious manner all swine herds known to be affected

with brucellosis. This action will also help ensure that swine

brucellosis is eradicated in the United States within the next 5 years,

thus saving the Federal government millions of dollars in program

costs. This action will also help eliminate the human health risk

associated with swine brucellosis. We are also amending the regulations

concerning interstate movement of swine to require that all

brucellosis-exposed swine from herds known to be affected with the

disease be identified with an eartag before being moved interstate from

the herd. This action will allow all handlers of swine to take

precautions in handling swine potentially infected with brucellosis.

DATES: Interim rule effective March 17, 1994. Consideration will be

given only to comments received on or before May 16, 1994.

ADDRESSES: Please send an original and three copies of your comments to

Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,

Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please

state that your comments refer to Docket No. 94-007-1. Comments

received may be inspected at USDA, room 1141, South Building, 14th

Street and Independence Avenue SW., Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday, except holidays. Persons wishing to

inspect comments are requested to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. Joseph F. Annelli, National Swine

Epidemiologist, Swine Health Staff, Veterinary Services, APHIS, USDA,

suite 204, Presidential Building, 6565 Belcrest Road, Hyattsville, MD

20782, (301) 436-7767.

SUPPLEMENTARY INFORMATION:

Background

Brucellosis is a serious infectious disease of swine, cattle,

bison, and other species, including humans, caused by bacteria of the

genus Brucella. Brucellosis in swine is characterized by abortion,

infertility, orchitis, posterior paralysis, and lameness. To help

prevent the spread of the disease, and to further its eradication, the

regulations in 9 CFR part 51 provide for payment of Federal indemnity

to owners of certain animals destroyed because of brucellosis. The

payment of indemnity is intended to provide owners with a financial

incentive for promptly destroying animals infected with or exposed to

brucellosis. Because the continued presence of brucellosis in a herd

seriously threatens the health of animals in that herd and possibly

other herds, the prompt destruction of brucellosis-affected swine is

critical if brucellosis eradication efforts in the United States are to

succeed.

Under the regulations in Sec. 51.3(b)(2) prior to the effective

date of this interim rule, indemnity payments for herd depopulation

were made only for breeding swine destroyed because of brucellosis, and

were based on a maximum ``per head'' rate of $150 per head for

registered, inbred, or hybrid swine, and $65 per head for all other

breeding swine. In this interim rule, we are amending the regulations

to provide that in the case of whole herd depopulation of swine,

indemnity payments shall be paid for all swine in the herd, not just

for breeding swine, and at a fair market value determined by the

Administrator of the Animal and Plant Health Inspection Service

(APHIS), based on an appraisal conducted by an independent appraiser

assigned by the Administrator, except that indemnity payments, plus any

salvage, must not exceed the appraised value of each animal.

Because brucellosis is primarily transmitted through sexual

contact, swine other than breeding swine have not been considered to be

significantly at risk for transmitting brucellosis to other swine.

Consequently, indemnity has not been paid for ``feeder'' or

``finishing'' pigs. Recently, however, the infection of 30 humans with

brucellosis through the handling of swine other than breeding swine at

a packing plant in North Carolina has indicated that such swine do pose

a significant risk of transmitting brucellosis to swine and humans.

In response to the occurrence of brucellosis among workers at the

packing plant, the State of North Carolina has ordered that the plant

may obtain swine only from validated brucellosis-free States, or from

validated brucellosis-free herds in States other than validated

brucellosis-free States. Although, at this time, the infection of

humans and the North Carolina order involve only one packing plant, if

the problem were to broaden and occur at other packing plants in North

Carolina, or to occur in additional States, additional individuals

could suffer significant hardship from brucellosis infections, and

packing plants and owners of herds other than validated brucellosis-

free herds could experience severe economic disruption.

The United States Animal Health Association (USAHA), a nationwide

association of State veterinarians and industry members, recently

passed a resolution requesting that the Department establish the goal

of the complete eradication of swine brucellosis in the United States

by the end of 1996. This resolution was supported by the National Pork

Producers Council (NPPC) and the American Meat Institute (AMI).

Additionally, the USAHA passed a second resolution, supported by NPPC

and AMI, requesting that the Department move to depopulate immediately

all herds of swine known to be affected with brucellosis by paying fair

market value for all swine in the affected herds. (Under Sec. 51.1, a

herd known to be affected is defined as any herd in which any animal

has been classified as a brucellosis reactor and which has not been

released from quarantine.)

We compared the probable outcome of following the USAHA resolutions

with that of continuing the existing eradication program, and concluded

that eradication of swine brucellosis can be accomplished more quickly,

with significantly less expense, by beginning now to pay fair market

value for whole herd depopulation.

This change in the indemnity regulations is warranted now due to

the success of the existing swine brucellosis eradication program.

During the life of the program, the prevalence of swine brucellosis has

been reduced from 15 percent of the nation's swine herds to 0.014

percent. Currently, only 34 herds nationwide are known to be affected

with brucellosis. Because the number of herds known to be affected is

small, paying fair market value for whole herd depopulation is

feasible.

When undertaking whole herd depopulation, herd owners, where it is

possible, will be required either to dispose of the swine through means

other than slaughter (e.g., through burial, incineration, rendering,

etc.) on the premises where the animals are held or penned at the time

the indemnity is approved, or to move their swine for disposal to

another location when movement to the location is approved, in advance,

by an APHIS representative. Paying fair market value for whole herd

depopulation, as provided for in this interim rule, will enable herd

owners to dispose of swine through means other than slaughter (e.g.,

through burial, incineration, rendering, etc.). (The flat rates

provided for under the existing regulations assume that the herd owner

will also receive salvage value at slaughter.) Disposing of swine

through such alternate means will help eliminate the danger of

spreading brucellosis to swine, as well as help protect packing plant

workers from the danger posed by brucellosis-infected swine.

Prior to the effective date of this interim rule, Sec. 51.6 of the

regulations required that swine for which indemnity was paid under the

regulations be slaughtered at a slaughtering establishment. In order to

allow for alternative means of destruction, we are amending

Sec. 51.6(c) in this interim rule to provide that in the case of

indemnity paid for whole herd depopulation, swine may be destroyed on

the premises where the animals are held or penned at the time the

indemnity is approved, or may be moved for destruction to another

location when movement to the location is approved in advance by an

APHIS representative. We are also providing that in cases where the

swine are destroyed other than at a slaughtering establishment, the

carcasses of the swine shall be disposed of by burial, incineration, or

other disposal means authorized by applicable State law, and are

requiring that destruction and disposition of animals destroyed other

than at a slaughtering establishment be performed in the presence of an

APHIS representative.

As noted above, in paying fair market value for whole herd

indemnity, every effort will be made to dispose of swine by means other

than slaughter. In some cases, however, when a packing plant is willing

to handle swine from herds known to be affected, when it has been

notified of the arrival of the swine, and when appropriate precautions

are taken to protect the plant's workers, slaughter may be a feasible

means of disposing of the animals. As noted above, in such cases, the

indemnity paid, plus any salvage, must not exceed the appraised value

of the swine.

Although, under the provisions of this interim rule, average

indemnity costs for the Federal government will increase from $1,760

per herd to $9,030 per herd, the total cost for indemnity is expected

to increase only slightly over the life of the program, and total

program costs are expected to decrease substantially. According to

APHIS projections, the eradication program as provided for prior to

this interim rule would have required over 30 more years to accomplish

total eradication, with projected costs of almost $600,000 for

indemnity and $18 million for surveillance. In contrast, because the

provisions of this interim rule will allow for the quick depopulation

of herds known to be affected with brucellosis, and therefore increase

program effectiveness, total eradication is expected to be accomplished

in 5 years, with projected costs of $850,000 for indemnity and $10.5

million for surveillance. Thus, the total cost of eradication will be

reduced from $18.6 million to $11.35 million, and the time necessary to

achieve eradication shortened by more than 25 years.

Identification of Exposed Swine From Herds Affected With Brucellosis

The regulations in 9 CFR part 78 govern, among other things, the

interstate movement of swine affected with brucellosis. Under these

regulations, the interstate movement of brucellosis reactor swine and

exposed swine is subject to certain restrictions. Among the

restrictions on the movement of reactor swine is the requirement that

such swine be individually identified by attaching to the left ear a

metal tag bearing a serial number and the inscription, ``U.S.

Reactor,'' or a metal tag bearing a serial number designated by the

State animal health official for identifying brucellosis reactors.

Although part 78 does require that exposed swine moved interstate

be accompanied by a permit, it does not require that exposed swine from

a herd known to be affected with brucellosis be identified with a metal

eartag. However, because some swine originating in a herd known to be

affected are likely to be the offspring of infected sows, and because

the swine in the herd may be in extended contact with infected swine,

they are at increased risk of being infected with brucellosis. Because

of this increased risk, we consider it necessary to provide that such

swine can be readily identified prior to slaughter. In order to better

monitor the movement of exposed swine to ensure that they are destroyed

and are not diverted into herds not affected with brucellosis, we are

amending Sec. 78.32 to require that exposed swine from a herd known to

be affected with brucellosis may be moved interstate from the herd only

if identified in the same manner as reactor swine. This identification

will facilitate the monitoring of such swine until they are

slaughtered, thus protecting against the spread of brucellosis by such

animals. An additional benefit of such identification is that it will

alert packing plants to the arrival of reactor swine, allowing them to

take appropriate handling precautions.

Immediate Action

The Administrator of the Animal and Plant Health Inspection Service

has determined that there is good cause for publishing this interim

rule without prior opportunity for public comment. Immediate action is

necessary to eliminate a public health risk, avert a potentially

serious economic impact on swine marketing, reduce government expenses,

and significantly shorten the time necessary for the eradication of

swine brucellosis.

Because prior notice and other public procedures with respect to

this action are impracticable and contrary to the public interest under

these conditions, we find good cause under 5 U.S.C. 553 to make it

effective upon publication in the Federal Register. We will consider

comments that are received within 60 days of publication of this rule

in the Federal Register. After the comment period closes, we will

publish another document in the Federal Register. It will include a

discussion of any comments we receive and any amendments we are making

to the rule as a result of the comments.

Executive Order 12866 and Regulatory Flexibility Act

The Department has reviewed this rule under Executive Order 12866.

The 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.

This interim rule provides for indemnity payment for whole herd

depopulation of swine herds known to be affected with brucellosis.

Prior to the effective date of this interim rule, indemnity for herd

depopulation was paid only for breeding swine infected with or exposed

to the disease, and was based on a maximum ``per head'' rate of $150

per head for registered, inbred, or hybrid swine, and $65 per head for

all other breeding swine.

At present 34 swine herds in the United States are known to be

affected with brucellosis. This number represents 0.014 percent of the

235,840 swine herds in this country. Of the 34 herds, 18 are in Florida

and 12 are in Texas. Louisiana, Mississippi, South Carolina, and

Oklahoma have 1 each. The 34 herds known to be affected are all

independently owned, and all of the farmers are considered ``small

entities'' (annual gross receipts of $0.5 million or less, according to

Small Business Administration size standards).

APHIS cannot require that farmers depopulate their herds, so it is

impossible to determine exactly how many owners will accept indemnity

for whole herd depopulation. Because several herds are in the final

stages of brucellosis ``cleanup,'' these farmers may not choose to

depopulate their entire herds.

At the time of this writing, current market values for the

different classes of swine are:1 Sows, $160; boars, $150; gilts,

$160; feeder pigs, $100; and suckling pigs, $20.

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\1\These values do not include potential salvage values received

at the time of slaughter.

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If owners choose to depopulate their entire herds, under the

regulations they could start new operations with a more productive

swine herd after a standard minimum of 30 days of ``downtime'' for

elimination of the Brucella bacteria from the premises through cleaning

and disinfecting. Noninfected sows tend to produce more piglets than do

infected sows.

This interim rule also requires that all exposed swine in a herd

known to be affected with brucellosis must be identified with a metal

eartag before being moved interstate from the herd known to be

affected. We estimate that the cost of applying eartags to exposed

swine in the average herd known to be affected will be less than $50.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action will

not have a significant economic impact on a substantial number of small

entities.

Executive Order 12372

This program/activity is listed in the Catalog of Federal Domestic

Assistance under No. 10.025 and is subject to Executive Order 12372,

which requires intergovernmental consultation with State and local

officials. (See 7 CFR part 3015, subpart V.)

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 interim rule will be submitted for approval to the

Office of Management and Budget. Please send written comments to the

Office of Information and Regulatory Affairs, OMB, Attention: Desk

Officer for APHIS, Washington, DC 20503. Please send a copy of your

comments to: (1) Chief, Regulatory Analysis and Development, PPD,

APHIS, USDA, room 804, Federal Building, 6505 Belcrest Road,

Hyattsville, MD 20782, and (2) Clearance Officer OIRM, USDA, room 404-

W, 14th Street and Independence Avenue SW., Washington, DC 20250.

List of Subjects

9 CFR Part 51

Animal diseases, Cattle, Hogs, Indemnity payments, Reporting and

recordkeeping requirements.

9 CFR Part 78

Animal diseases, Bison, Cattle, Hogs, Quarantine, Reporting and

recordkeeping requirements, Transportation.

Accordingly, 9 CFR parts 51 and 78 are amended as follows:

PART 51--ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS

1. The authority citation for part 51 continues to read as follows:

Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125,

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

2. In Sec. 51.3, paragraph (b)(2), the first sentence is amended by

adding the words ``or whose whole herd'' immediately after the word

``swine'', revising the second sentence, and adding a new sentence

after the second sentence to read as follows:

* * * * *

Sec. 51.3 Payment to owners for animals destroyed.

* * * * *

(b) * * *

(2) * * *

The indemnity shall not exceed $150 per head for registered,

inbred, or hybrid breeding swine, and $65 per head for all other

breeding swine, except that in the case of whole herd depopulation,

indemnity payments shall be paid on all swine in the herd at fair

market value, as determined by the Administrator, based on an appraisal

conducted by an independent appraiser assigned by the Administrator. In

cases where indemnity is paid for whole herd depopulation, indemnity

payments, plus any salvage, must not exceed the appraised value of each

animal. * * *

3. In Sec. 51.6, paragraph (c) is revised to read as follows:

Sec. 51.6 Destruction of animals; time limit for destruction of

animals.

* * * * *

(c) Swine. The claimant shall be responsible for insuring that

swine subject to this part shall be sold under permit to a slaughtering

establishment where State or Federal Meat inspection is available, or

to a market approved by the State Animal Health Official, or to a

market approved by the Administrator, for sale to such slaughtering

establishment;5 except that in the case of indemnity for whole

herd depopulation, as provided for in Sec. 51.3, swine shall be

destroyed, if possible, on the premises where the animals are held or

penned at the time the indemnity is approved, or may be moved for

destruction to another location when movement to the location is

approved in advance by an APHIS representative. In cases where the

swine are destroyed other than at a slaughtering establishment, the

carcasses of the swine shall be disposed of by burial, incineration, or

other disposal means authorized by applicable State law. The

destruction and disposition of animals destroyed in accordance with

this section other than at a slaughtering establishment shall be

performed in the presence of an APHIS representative.

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\5\Markets are approved by the Administrator in accordance with

Sec. 76.18 of this chapter.

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* * * * *

PART 78--BRUCELLOSIS

4. The authority citation for part 78 continues to read as follows:

Authority: 21 U.S.C. 111-114a-1, 114g, 115, 117, 120, 121, 123-

126, 134b, 134f; 7 CFR 2.17, 2.51, and 371.2(d).

5. Section 78.32 is revised to read as follows:

Sec. 78.32 Brucellosis exposed swine.

(a) Brucellosis exposed swine may be moved interstate only if

accompanied by a permit and only for immediate slaughter as follows:

(1) Directly to a recognized slaughtering establishment; or

(2) Directly to a stockyard posted under the Packers and Stockyards

Act, as amended (7 U.S.C. 181 et seq.), or directly to a market agency

or dealer registered under the Packers and Stockyards Act, for sale to

a recognized slaughtering establishment.

(b) Brucellosis exposed swine from a herd known to be affected with

brucellosis may be moved interstate from the herd known to be affected

only if such swine are individually identified by attaching to the left

ear a metal tag bearing a serial number and the inscription, ``U.S.

Reactor,'' or a metal tag bearing a serial number designated by the

State animal health official for identifying brucellosis reactors.

(Approved by the Office of Management and Budget under control

number 0579-0047)

Done in Washington, DC, this 11th day of March 1994.

Patricia Jensen,

Acting Assistant Secretary, Marketing and Inspection Services.

[FR Doc. 94-6180 Filed 3-16-94; 8:45 am]

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