Tuberculosis and Brucellosis in Cattle and Bison; Identification Requirements

SUMMARY: We are proposing to amend the tuberculosis and brucellosis

regulations by requiring brands for certain cattle and bison to be

placed on the hip rather than the jaw. This action would reduce

distress to cattle and bison that need to be identified with a brand by

moving the brand to a less sensitive location, but would allow them to

continue to be clearly identified. We are also proposing to allow

certain cattle and bison to be moved interstate to slaughter without

branding if they are accompanied directly to slaughter by an Animal and

Plant Health Inspection Service or State representative or are moved in

vehicles closed with official seals. This proposed rule responds to

increasing public concern that branding on the jaw causes unnecessary

distress to cattle and bison.

DATES: Consideration will be given only to comments received on or

before June 16, 1995.

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

Docket No. 95-006-1, Regulatory Analysis and Development, PPD, APHIS,

Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please

state that your comments refer to Docket No. 95-006-1. 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. J.D. Kopec, Senior Staff

Veterinarian, Cattle Diseases and Surveillance, VS, APHIS, Suite 3B08,

4700 River Road Unit 36, Riverdale, MD 20737-1231; (301) 734-6188.

SUPPLEMENTARY INFORMATION:

Background

Bovine tuberculosis is a serious communicable disease of cattle,

bison, and other species, including humans, caused by Mycobacterium

bovis. Tuberculosis causes weight loss, general debilitation, and

sometimes death.

Brucellosis, also called Bang's disease or undulant fever, is a

serious infectious disease of cattle, bison, and other species,

including humans, caused by bacteria of the genus Brucella. Brucellosis

in cattle and bison is characterized by the birth of weak or stillborn

calves, slow breeding, abortion, and loss of milk production.

In accordance with the regulations in 9 CFR parts 50, 51, 77, and

78 (referred to below as the regulations), the Animal and Plant Health

Inspection Service (APHIS) administers programs designed to control and

eradicate tuberculosis and brucellosis in cattle and bison. As part of

these programs, hot-iron branding on the jaw and on the tailhead is

used to identify certain cattle and bison. Specifically, hot-iron

branding on the jaw is required or allowed in the following cases: (1)

To identify cattle or bison that have contracted or been exposed to

tuberculosis or brucellosis; (2) to identify certain cattle or bison to

be moved interstate to slaughter because of tuberculosis or

brucellosis; and (3) to identify adult cattle or bison that have been

immunized against brucellosis.

There has been increasing public concern that hot-iron branding on

the jaw may cause undue distress to cattle and bison. A number of

animal rights groups and other members of the public have requested

that APHIS remove hot-iron branding on the jaw from our regulatory

programs. In response to their concerns, we are in this document

proposing to remove hot-iron branding on the jaw from the regulations

in 9 CFR parts 50, 51, 77, and 78. In places where branding is required

to be on the jaw, we would move the required location of the brand to

high on the hip near the tailhead. In places where the regulations

offer an owner the option of branding either on the jaw or on the hip,

we would remove the option of branding on the jaw, but would retain the

brand on the hip.

We also considered proposing identification options such as freeze

branding, by requiring that the cattle and bison be identified by a

brand or by another distinct, permanent, and legible mark. We chose not

to propose these options. A limitation of freeze branding is that the

brand takes a minimum of 18 to 21 days to become visible. In order that

we may continue to prevent the spread of tuberculosis and brucellosis,

it is imperative that exposed and affected animals be instantly

recognizable from the time of their identification until they are

slaughtered, so that they are not commingled with healthy animals. In

most cases, exposed or affected cattle or bison would be identified,

shipped, and slaughtered before the freeze brand becomes visible. To

date, an acceptable alternative to hot-iron branding has not been found

for marking exposed or affected cattle or bison that satisfies the

criteria of being instantly visible upon application, as well as

distinct, permanent, and legible. Until an acceptable alternative is

developed, we have chosen to continue to require that branding of

cattle and bison under the brucellosis and tuberculosis regulations be

with a hot iron. We believe that moving the location of the brand from

the jaw to the hip would reduce distress to cattle and bison, but would

allow them to continue to be identified distinctly, permanently,

legibly, and instantly.

We are, however, proposing several alternatives to branding certain

cattle and bison that are to be moved interstate for slaughter. We

would allow brucellosis reactor and exposed cattle or bison moving

directly to slaughter to be moved without branding if they are

accompanied directly to slaughter by an APHIS or State representative.

We would also allow brucellosis reactor and exposed cattle or bison

moving interstate in slaughter channels (e.g, to a quarantined feedlot,

a specifically approved stockyard, or an approved intermediate handling

facility, and then to slaughter) to be moved without branding if they

are moved in vehicles closed with official seals applied and removed by

an APHIS representative, a State representative, an accredited

[[Page 26378]] veterinarian, or an individual authorized for this

purpose by an APHIS representative. For movement in sealed vehicles,

cattle and bison moving interstate to slaughter because of brucellosis

would have to be accompanied by a permit or ``S'' brand permit, and the

official seal numbers would have to be recorded on the accompanying

permit or ``S'' brand permit. (Permit and ``S'' brand permit are

defined in the regulations, and, in accordance with the definitions,

must list: The points of origin and destination, the number of animals

covered, the purpose of movement, and one of several possible

identification numbers.)

We would allow tuberculosis exposed cattle and bison moving

directly to slaughter to be moved without branding if they are

accompanied directly to slaughter by an APHIS or State representative.

We would allow tuberculosis exposed cattle or bison moving interstate

in slaughter channels to be moved without branding if they are moved in

vehicles closed with official seals applied and removed by an APHIS

representative, a State representative, an accredited veterinarian, or

an individual authorized for this purpose by an APHIS representative.

For tuberculosis reactor cattle and bison, we would allow the same

movement without branding as for tuberculosis exposed cattle and bison,

but we would require that the reactors be identified by a permanent and

legible ``TB'' tattooed on the left ear, and by spraying the left ear

with yellow paint. Unlike brucellosis reactor cattle and bison,

tuberculosis reactor cattle and bison can only be sold for consumption

if the meat is cooked. Presently, there are only four slaughtering

facilities in the United States that have the capacity to cook the

meat, so this option is not available to the majority of cattle and

bison owners. Consequently, most tuberculosis reactor cattle and bison

sent to slaughter constitute a monetary loss of $500 or more to the

owner. Such monetary loss could provide an incentive to substitute less

valuable tuberculosis-free animals for more valuable infected animals,

or to otherwise divert valuable tuberculosis infected animals from

slaughter channels, impeding tuberculosis eradication efforts in the

United States. We believe that requiring tuberculosis reactors to have

their left ear tattooed with a ``TB'' and spray painted yellow would

make it difficult for these reactors to be diverted.

These options would provide owners of cattle and bison with an

alternative to branding, while helping to ensure that brucellosis- and

tuberculosis-affected cattle and bison are handled and moved to

slaughter in a manner that prevents dissemination of these diseases.

Miscellaneous

The branding requirements in the regulations are currently

inconsistent, providing different size specifications and different

descriptions for the location of the brand. This proposed rule would

revise the branding requirements not only to remove the option for

branding on the jaw, but to make the descriptions consistent. All

brands would be required to be positioned high on the left hip near the

tailhead and to be at least 5 by 5 centimeters (2 by 2 inches) in size.

Executive Order 12866 and Regulatory Flexibility Act

This proposed rule has been reviewed 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.

We do not anticipate that this proposed rule would have an economic

impact on any entities, large or small. Cattle and bison that have

contracted or been exposed to tuberculosis or brucellosis, or that have

been immunized against brucellosis, are already required to be

identified by a brand; this rule would simply change the location of

the brand. Under the tuberculosis and brucellosis eradication programs,

the Animal and Plant Health Inspection Service (APHIS) and cooperating

States bear the costs of branding cattle and bison, and changing the

location of the brand would not result in any change in costs to APHIS

or the States. Further, although branding is generally done on the

ranch or farm where the cattle or bison are located, no new equipment

would be necessary for branding the cattle or bison on the hip, so

there would be no new costs to the owner of the animals.

This rule would also allow certain cattle and bison to be moved

interstate to slaughter without branding if they are accompanied

directly to slaughter by an APHIS or State representative, or if they

are moved in vehicles closed with official seals applied and removed by

an APHIS representative, State representative, accredited veterinarian,

or an individual authorized for this purpose by an APHIS

representative. Such movement would be a voluntary alternative to

branding, and would not impose any additional costs to owners of cattle

or bison that are to be moved interstate.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action would

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

entities.

Executive Order 12778

This proposed rule has been reviewed under Executive Order 12778,

Civil Justice Reform. If this proposed rule is adopted: (1) All State

and local laws and regulations that are in conflict with this rule will

be preempted; (2) no retroactive effect will be given to this rule; and

(3) administrative proceedings will not be required before parties may

file suit in court challenging this rule.

Paperwork Reduction Act

This proposed rule contains no information collection or

recordkeeping requirements under the Paperwork Reduction Act of 1980

(44 U.S.C. 3501 et seq.).

List of Subjects

9 CFR Part 50

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

and recordkeeping requirements, Tuberculosis.

9 CFR Part 51

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

recordkeeping requirements.

9 CFR Part 77

Animal diseases, Bison, Cattle, Reporting and recordkeeping

requirements, Transportation, Tuberculosis.

9 CFR Part 78

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

recordkeeping requirements, Transportation.

Accordingly, 9 CFR parts 50, 51, 77, and 78 would be amended as

follows:

PART 50--ANIMALS DESTROYED BECAUSE OF TUBERCULOSIS

1. The authority citation for part 50 would continue to read as

follows:

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

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

2. In Sec. 50.6, paragraphs (a) and (b) would be revised to read as

follows:

Sec. 50.6 Identification of animals to be destroyed because of

tuberculosis.

* * * * *

(a) Reactor cattle and bison. Reactor cattle and bison shall be

identified by [[Page 26379]] branding the letter ``T,'' at least 5 by 5

centimeters (2 by 2 inches) in size, high on the left hip near the

tailhead and by attaching to the left ear an approved metal eartag

bearing a serial number and the inscription ``U.S. Reactor'', or a

similar State reactor tag. Reactor cattle and bison may be moved

interstate to slaughter without branding if they are permanently

identified by the letters ``TB'' tattooed legibly on the left ear, they

are sprayed on the left ear with yellow paint, and they are either

accompanied by an APHIS or State representative or moved directly to

slaughter in vehicles closed with official seals. Such official seals

must be applied and removed by an APHIS representative, State

representative, accredited veterinarian, or an individual authorized

for this purpose by an APHIS representative.

(b) Exposed cattle and bison. Exposed cattle and bison shall be

identified by branding the letter ``S,'' at least 5 by 5 centimeters (2

by 2 inches) in size, high on the left hip near the tailhead and by

attaching to the left ear an approved metal eartag bearing a serial

number. Exposed cattle and bison may be moved interstate to slaughter

without branding if they are either accompanied by an APHIS or State

representative or moved directly to slaughter in vehicles closed with

official seals. Such official seals must be applied and removed by an

APHIS representative, State representative, accredited veterinarian, or

an individual authorized for this purpose by an APHIS representative.

* * * * *

PART 51--ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS

3. The authority citation for part 51 would continue to read as

follows:

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

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

4. In Sec. 51.5, paragraph (b) would be revised to read as follows:

Sec. 51.5 Identification of animals to be destroyed because of

brucellosis.

* * * * *

(b) Except as in paragraph (b)(4), cattle and bison to be destroyed

because of brucellosis shall be individually identified prior to moving

interstate by attaching to the left ear a metal tag bearing a serial

number and the inscription ``U.S. Reactor,'' or a similar State reactor

tag, and must be:

(1) ``B'' branded (as defined in Sec. 78.1); or

(2) Accompanied directly to slaughter by an APHIS or State

representative; or

(3) Moved in vehicles closed with official seals applied and

removed by an APHIS representative, State representative, accredited

veterinarian, or an individual authorized for this purpose by an APHIS

representative. The official seal numbers must be recorded on the

accompanying permit.

(4) Reactor and exposed cattle and bison in herds scheduled for

herd depopulation may be moved interstate without eartagging or

branding if they are identified by USDA approved backtags and either

accompanied directly to slaughter by an APHIS or State representative

or moved directly to slaughter in vehicles closed with official seals.

Such official seals must be applied and removed by an APHIS

representative, State representative, accredited veterinarian, or an

individual authorized for this purpose by an APHIS representative.

* * * * *

PART 77--TUBERCULOSIS

5. The authority citation for part 77 would continue to read as

follows:

Authority: 21 U.S.C. 111, 114, 114a, 115-117, 120, 121, 134b,

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

6. In Sec. 77.5, the heading would be amended by removing the word

``comtaining'' and adding the word ``containing'' in its place, and

paragraphs (a)(1) and (b)(1) would be revised to read as follows:

Sec. 77.5 Interstate movement of cattle and bison that are exposed,

reactors, or suspects, or from herds containing suspects.

(a) Reactor cattle and bison. * * *

(1) Reactor cattle and bison must be individually identified by

attaching to the left ear an approved metal eartag bearing a serial

number and the inscription ``U.S. Reactor'', or a similar State reactor

tag, and must be:

(i) Branded with the letter ``T,'' at least 5 by 5 centimeters (2

by 2 inches) in size, high on the left hip near the tailhead; or

(ii) Permanently identified with the letters ``TB'' tattooed

legibly on the left ear and sprayed on the left ear with yellow paint,

and either accompanied directly to slaughter by an APHIS or State

representative or moved directly to slaughter in vehicles closed with

official seals. Such official seals must be applied and removed by an

APHIS representative, State representative, accredited veterinarian, or

an individual authorized for this purpose by an APHIS representative.

* * * * *

(b) Exposed cattle and bison. * * *

(1) Exposed cattle and bison must be individually identified by

attaching to the left ear an approved metal eartag bearing a serial

number, and must be:

(i) Branded with the letter ``S,'' at least 5 by 5 centimeters (2

by 2 inches) in size, high on the left hip near the tailhead; or

(ii) Accompanied directly to slaughter by an APHIS or State

representative; or

(iii) Moved directly to slaughter in vehicles closed with official

seals. Such official seals must be applied and removed by an APHIS

representative, State representative, accredited veterinarian, or an

individual authorized for this purpose by an APHIS representative.

* * * * *

PART 78--BRUCELLOSIS

7. The authority citation for part 78 would continue to read as

follows:

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

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

Subpart A--General Provisions

Sec. 78.1 [Amended]

8. Section 78.1 would be amended as follows:

a. In the definition for ``B'' branded, the phrase ``at least 5 sq.

cm. (2 x 2 inches) in size on the left jaw'' would be removed and

``high on left hip near the tailhead and at least 5 by 5 centimeters (2

by 2 inches) in size'' would be added in its place.

b. In the definition for Official adult vaccinate, paragraph (b)(1)

would be amended by removing ``on the right jaw or'' and by adding ``at

least 5 by 5 centimeters (2 by 2 inches) in size'' immediately after

``tailhead''.

c. In the definition for ``S'' branded, the phrase ``at least 5 sq.

cm. (2 x 2 inches) in size on the left jaw or high on the tailhead

(over the fourth to the seventh coccygeal vertebrae)'' would be removed

and ``high on left hip near the tailhead and at least 5 by 5

centimeters (2 by 2 inches) in size'' would be added in its place.

Subpart B--Restrictions on Interstate Movement of Cattle Because of

Brucellosis

9. In Sec. 78.7, paragraph (b) would be revised to read as follows:

Sec. 78.7 Brucellosis reactor cattle.

* * * * *

(b) Identification. Brucellosis reactor cattle must be individually

identified prior to moving interstate by attaching to the left ear a

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

[[Page 26380]] Reactor,'' or a metal tag bearing a serial number

designated by the State animal health official for identifying

brucellosis reactors, and must be:

(1) ``B'' branded (as defined in Sec. 78.1); or

(2) Accompanied directly to slaughter by an APHIS or State

representative; or

(3) Moved in vehicles closed with official seals applied and

removed by an APHIS representative, State representative, accredited

veterinarian, or an individual authorized for this purpose by an APHIS

representative. The official seal numbers must be recorded on the

accompanying permit.

* * * * *

10. Section 78.8 would be amended by removing the period at the end

of paragraphs (a)(3)(iii)(C), (a)(5)(iii)(C), and (b)(3)(ii) and adding

``; or'' in its place; and by adding new paragraphs (a)(3)(iii)(D),

(a)(5)(iii)(D), and (b)(3)(iii) to read as follows:

Sec. 78.8 Brucellosis exposed cattle.

* * * * *

(a) * * *

(3) * * *

(iii) * * *

(D) Moved in vehicles closed with official seals applied and

removed by an APHIS representative, State representative, accredited

veterinarian, or an individual authorized for this purpose by an APHIS

representative. The official seal numbers must be recorded on the

accompanying permit or ``S'' brand permit.

* * * * *

(5) * * *

(iii) * * *

(D) Moved in vehicles closed with official seals applied and

removed by an APHIS representative, State representative, accredited

veterinarian, or an individual authorized for this purpose by an APHIS

representative. The official seal numbers must be recorded on the

accompanying permit or ``S'' brand permit.

* * * * *

(b) * * *

(3) * * *

(iii) Moved in vehicles closed with official seals applied and

removed by an APHIS representative, State representative, accredited

veterinarian, or an individual authorized for this purpose by an APHIS

representative. The official seal numbers must be recorded on the

accompanying permit or ``S'' brand permit.

* * * * *

11. Section 78.9 would be amended by removing the period at the end

of paragraphs (c)(1)(v)(C), (c)(1)(vii)(C), (c)(2)(i)(C),

(c)(2)(ii)(B), (d)(1)(v)(C), (d)(1)(vii)(C), (d)(2)(i)(C), and

(d)(2)(ii)(B) and adding ``; or'' in its place; and by adding new

paragraphs (c)(1)(v)(D), (c)(1)(vii)(D), (c)(2)(i)(D), (c)(2)(ii)(C),

(d)(1)(v)(D), (d)(1)(vii)(D), (d)(2)(i)(D), and (d)(2)(ii)(C) to read

as follows:

Sec. 78.9 Cattle from herds not known to be affected.

* * * * *

(c) * * *

(1) * * *

(v) * * *

(D) They are accompanied by an ``S'' brand permit and moved in

vehicles closed with official seals applied and removed by an APHIS

representative, State representative, accredited veterinarian, or an

individual authorized for this purpose by an APHIS representative. The

official seal numbers must be recorded on the accompanying ``S'' brand

permit.

* * * * *

(vii) * * *

(D) They are accompanied by an ``S'' brand permit and moved in

vehicles closed with official seals applied and removed by an APHIS

representative, State representative, accredited veterinarian, or an

individual authorized for this purpose by an APHIS representative. The

official seal numbers must be recorded on the accompanying ``S'' brand

permit.

* * * * *

(2) * * *

(i) * * *

(D) A quarantined feedlot, a specifically approved stockyard and

then directly to a quarantined feedlot, or an approved intermediate

handling facility and then directly to a quarantined feedlot if the

cattle are accompanied by an ``S'' brand permit and moved in vehicles

closed with official seals applied and removed by an APHIS

representative, State representative, accredited veterinarian, or an

individual authorized for this purpose by an APHIS representative. The

official seal numbers must be recorded on the accompanying ``S'' brand

permit.

* * * * *

(ii) * * *

(C) They are accompanied by an ``S'' brand permit and moved in

vehicles closed with official seals applied and removed by an APHIS

representative, State representative, accredited veterinarian, or an

individual authorized for this purpose by an APHIS representative. The

official seal numbers must be recorded on the accompanying ``S'' brand

permit.

* * * * *

(d) * * *

(1) * * *

(v) * * *

(D) They are accompanied by an ``S'' brand permit and moved in

vehicles closed with official seals applied and removed by an APHIS

representative, State representative, accredited veterinarian, or an

individual authorized for this purpose by an APHIS representative. The

official seal numbers must be recorded on the accompanying ``S'' brand

permit.

* * * * *

(vii) * * *

(D) They are accompanied by an ``S'' brand permit and moved in

vehicles closed with official seals applied and removed by an APHIS

representative, State representative, accredited veterinarian, or an

individual authorized for this purpose by an APHIS representative. The

official seal numbers must be recorded on the accompanying ``S'' brand

permit.

* * * * *

(2) * * *

(i) * * *

(D) A quarantined feedlot, a specifically approved stockyard and

then directly to a quarantined feedlot, or an approved intermediate

handling facility and then directly to a quarantined feedlot if the

cattle are accompanied by an ``S'' brand permit and moved in vehicles

closed with official seals applied and removed by an APHIS

representative, State representative, accredited veterinarian, or an

individual authorized for this purpose by an APHIS representative. The

official seal numbers must be recorded on the accompanying ``S'' brand

permit.

* * * * *

(ii) * * *

(C) They are accompanied by an ``S'' brand permit and moved in

vehicles closed with official seals applied and removed by an APHIS

representative, State representative, accredited veterinarian, or an

individual authorized for this purpose by an APHIS representative. The

official seal numbers must be recorded on the accompanying ``S'' brand

permit.

* * * * *

Subpart C--Restrictions on Interstate Movement of Bison Because of

Brucellosis

12. In Sec. 78.22, paragraph (b) would be revised to read as

follows:

Sec. 78.22 Brucellosis reactor bison.

* * * * *

(b) Identification. Brucellosis reactor bison must be individually

identified [[Page 26381]] prior to moving interstate 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,

and must be:

(1) ``B'' branded (as defined in Sec. 78.1); or

(2) Accompanied directly to slaughter by an APHIS or State

representative; or

(3) Moved in vehicles closed with official seals applied and

removed by an APHIS representative, State representative, accredited

veterinarian, or an individual authorized for this purpose by an APHIS

representative. The official seal numbers must be recorded on the

accompanying permit.

* * * * *

Done in Washington, DC, this 11th day of May 1995.

Lonnie J. King,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-12150 Filed 5-16-95; 8:45 am]

BILLING CODE 3410-34-P