Standards for Accredited Veterinarian Duties

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 160 and 161

[Docket No. 94-027-2]

Standards for Accredited Veterinarian Duties

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are allowing, under certain conditions, accredited

veterinarians to issue official animal health documents up to 30 days

after inspection for animals in herds or flocks under regular health

maintenance programs. For all other animals, we will allow accredited

veterinarians to issue official animal health documents up to 10 days

following inspection. Last, we are requiring that all official animal

health documents be valid for only 30 days following inspection,

regardless of the date of issuance. We will continue to require that

accredited veterinarians issue official animal health documents only

for animals that they have inspected.

These actions will extend the time period allowed between

inspection and the issuance of official animal health documents. We

believe these actions will both alleviate the burden placed by the

current time requirement on accredited veterinarians and reduce the

costs of health inspection for the livestock industry, without

significantly increasing animal disease risk.

EFFECTIVE DATE: September 5, 1995.

FOR FURTHER INFORMATION CONTACT: Dr. J. A. Heamon, Senior Staff

Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River

Road Unit 43, Riverdale, MD 20737-1231; (301) 734-6954.

SUPPLEMENTARY INFORMATION:

Background

In accordance with 9 CFR parts 160, 161, and 162 (referred to below

as the regulations), some veterinarians are accredited by the Federal

Government to cooperate with the Animal and Plant Health Inspection

Service (APHIS) in controlling and preventing the spread of animal

diseases throughout the country and internationally. Accredited

veterinarians use their professional training in veterinary medicine to

perform certain regulatory tasks.

On March 10, 1995, we published in the Federal Register (60 FR

13084-13086, Docket No. 94-027-1) a proposal to amend the regulations

to allow, under certain conditions, accredited veterinarians to issue

official animal health documents for animals in herds or flocks under

regular health maintenance programs for up to 30 days after inspection.

For all animals not part of a regular health maintenance program, we

proposed to allow accredited veterinarians to issue official animal

health documents for up to 10 days following inspection. We further

proposed to require that all official animal health documents be valid

for only 30 days following the date of inspection, regardless of the

date of issuance. Finally, we proposed to add definitions of issue and

regular health maintenance program.

We solicited comments concerning our proposal for 60 days ending

May 9, 1995. We received seven comments by that date. They were from a

swine breeding stock company, two national veterinary associations, a

pork industry association, a Federal veterinarian, and two State

agriculture agencies. Four of the commenters supported the proposed

rule, although one of those commenters appeared to have some

reservations about one aspect of the proposal. The remaining three

commenters expressed concerns regarding specific aspects of the

proposed rule. The concerns and reservations of those commenters are

discussed below.

One commenter supported our proposal to allow an accredited

veterinarian to issue an official animal

[[Page 39841]]

health document up to 10 days after his or her inspection of animals in

a herd or flock not under a regular health maintenance program. The

commenter acknowledged that the increase from 7 to 10 days would

provide some additional time for laboratory results to be received, but

stated that even 10 days may not be sufficient time to receive the

results of some required tests. The commenter did not, however, cite

recurring difficulties with any specific tests. We recognize that

laboratory delays beyond an accredited veterinarian's control can

occur, but we are unaware of any widespread problems that consistently

delay the issuance of animal health documents. The regulations in

Sec. 161.3(k) already provide that an accredited veterinarian may issue

an origin health certificate for export use without including test

results from a laboratory if the APHIS Veterinarian-in-Charge

determines that such an action is necessary to save time in order to

meet an export schedule and agrees to add the test results to the

certificate at a later time. If, in the future, it becomes necessary to

address persistent delays in laboratory reporting, similar provisions

could be proposed for the issuance of other animal health documents.

One commenter disagreed with our proposal to require that all

official animal health documents be valid for only 30 days following

the date of inspection, regardless of the date of issuance. The

commenter felt that this restriction would place an unfair limitation

on certificates made near the end of the 30-day inspection period,

noting that a certificate issued on day 28 or 29 would only be valid

for a day or two. The commenter envisioned a scenario in which a

shipment of animals could be in transit at the time their certificate

expired, thus leaving the animals without valid documentation. The

commenter suggested that a certificate should be valid for at least 7

days after issuance, provided the certificate was issued during the 30-

day inspection period. We believe that the difficulties envisioned by

the commenter are not likely to occur due to the time frames associated

with inspections and the issuance of animal health documents. Livestock

facilities participating in a regular health maintenance program are

usually large operations with an established distribution and

transportation network in place, which lends a measure of

predictability to the facility's shipping activities. We believe that

the operator of such a facility would ensure that the health documents

for a shipment of animals would be valid for a long enough period of

time to complete the movement of those animals. If not, the next

scheduled visit by the accredited veterinarian serving the facility

would likely be only a few days in the future, and a new set of

documents could be secured following that visit, thus allowing adequate

time to move the shipment of animals. A document issued by an

accredited veterinarian for animals that are not part of a regular

health maintenance program would have to be issued no later than 10

days following inspection, so that document would be valid for at least

20 days following its issuance; in such a case, making the document

valid for at least 7 days after issuance would be unnecessary.

Another commenter also objected to our proposal to require that all

official animal health documents be valid for only 30 days following

the date of inspection, regardless of the date of issuance. This

commenter's objection was threefold: (1) The requirement would be a

negative influence on regional approaches to animal movements within

the United States and North America; (2) the requirement constitutes a

centralization of regulation at a time when decentralization should be

the goal; and (3) the requirement interferes with provisions that most,

if not all, States have set concerning the length of time a health

document remains valid. The commenter did not, however, provide any

explanation or examples to elucidate his objections. We have made no

changes in this final rule in response to that comment because the

standards for accredited veterinarians contained in the regulations

apply only to an accredited veterinarian's work with APHIS, even though

it is common for federally accredited veterinarians to work on State

programs in addition to their work with APHIS on Federal and

cooperative State/Federal programs. Thus, the 30-day post-inspection

limit on the validity of a health document would apply to an official

certificate or document issued in connection with an APHIS program

activity such as pre-export inspection, tuberculosis, brucellosis, or

pseudorabies, but not to a State document issued by an accredited

veterinarian in connection with a State-level program.

Finally, one commenter was concerned that the proposed definition

of issue and removal of the words ``or sign'' from the phrase ``issue

or sign'' would have the effect of creating a loophole that would allow

an accredited veterinarian to legally pre-sign a number of blank animal

health documents that could be filled out later by someone other than

the accredited veterinarian. The commenter stated that an accredited

veterinarian should be responsible for reviewing all animal health

documents for accuracy before they are signed and then issued. We do

not believe that the changes will create the loophole envisioned by the

commenter for two reasons: First, the proposed definition of issue--

``the distribution by an accredited veterinarian of an official animal

health document that he or she has signed''--clearly indicates that an

accredited veterinarian must sign a document before it is distributed.

Our second reason builds on the first, in that proposed Sec. 161.3(b)

states that an accredited veterinarian may not issue--i.e., sign and

distribute--or allow the use of any certificate, form, record, or

report until and unless the document has been accurately and fully

completed. We believe, therefore, that these provisions ensure that an

accredited veterinarian is responsible for the accuracy of all animal

health documents he or she issues.

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

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

a final rule.

Executive Order 12866 and Regulatory Flexibility Act

This rule has been reviewed under Executive Order 12866. The rule

has been determined to be not significant for the purposes of Executive

Order 12866 and, therefore, has not been reviewed by the Office of

Management and Budget.

We are amending the regulations to allow, under certain conditions,

accredited veterinarians to issue official animal health documents for

animals in herds or flocks under regular health maintenance programs

for up to 30 days after inspection. For inspection of other animals, we

are allowing up to 10 days between the inspection of animals and the

issuance of official animal health documents.

Until the effective date of this final rule, the regulations in

Sec. 161.3(a) require accredited veterinarians, when issuing or signing

a certificate, form, record, or report regarding any animal, to have

inspected the animal within 7 days. That requirement places an economic

burden on large livestock facilities that sell and ship animals

continuously. That is, large livestock facilities are currently

required to have their animals inspected frequently, in order for

veterinarians to issue, in a timely manner, the health documents

required for the frequent sale and shipment of

[[Page 39842]]

animals. Such frequent visits can be expensive.

Allowing veterinarians additional time to issue official animal

health documents following inspection will enable those veterinarians

to inspect animals less frequently. Therefore, this rule will

economically benefit large livestock facilities.

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 rule have been approved by the Office of Management

and Budget (OMB), and there are no new requirements. The assigned OMB

control number is 0579-0032.

List of Subjects

9 CFR Part 160

Veterinarians.

9 CFR Part 161

Reporting and recordkeeping requirements.

Accordingly, 9 CFR parts 160 and 161 are amended as follows:

PART 160--DEFINITION OF TERMS

1. The authority citation for part 160 continues to read as

follows:

Authority: 15 U.S.C. 1828; 21 U.S.C. 105, 111-114, 114a, 114a-1,

115, 116, 120, 121, 125, 134b, 134f, 612, and 613; 7 CFR 2.17, 2.51,

and 371.2(d).

2. Section 160.1 is amended by adding, in alphabetical order, the

following definitions:

Sec. 160.1 Definitions.

* * * * *

Issue. The distribution by an accredited veterinarian of an

official animal health document that he or she has signed.

* * * * *

Regular health maintenance program. An arrangement between an

accredited veterinarian and a livestock producer whereby the

veterinarian inspects every animal on the premises of the producer at

least once every 30 days.

* * * * *

PART 161--REQUIREMENTS AND STANDARDS FOR ACCREDITED VETERINARIANS

AND SUSPENSION OR REVOCATION OF SUCH ACCREDITATION

3. The authority citation for part 161 continues to read as

follows:

Authority: 15 U.S.C. 1828; 21 U.S.C. 105, 111-114, 114a, 114a-1,

115, 116, 120, 121, 125, 134b, 134f, 612, and 613; 7 CFR 2.17, 2.51,

and 371.2(d).

4. Section 161.3 is amended as follows:

a. By revising paragraphs (a) and (b) to read as set forth below.

b. In paragraph (c), by removing the phrase ``or sign'' in the

first sentence.

c. In paragraph (k), by removing the phrase ``or sign'' in the

first sentence.

Sec. 161.3 Standards for accredited veterinarian duties.

* * * * *

(a) An accredited veterinarian shall not issue a certificate, form,

record or report which reflects the results of any inspection, test,

vaccination or treatment performed by him or her with respect to any

animal, other than those in regular health maintenance programs, unless

he or she has personally inspected that animal within 10 days prior to

issuance.

(1) Following the first two inspections of a herd or flock as part

of a regular health maintenance program, an accredited veterinarian

shall not issue a certificate, form, record or report which reflects

the results of any inspection, test, vaccination or treatment performed

by him or her with respect to any animal in that program, unless he or

she has personally inspected that animal within 10 days prior to

issuance.

(2) Following the third and subsequent inspections of a herd or

flock in a regular health maintenance program, an accredited

veterinarian shall not issue a certificate, form, record or report

which reflects the results of any inspection, test, vaccination or

treatment performed by him or her with respect to any animal in that

program, unless he or she has personally inspected that animal within

30 days prior to issuance.

(b) An accredited veterinarian shall not issue, or allow to be

used, any certificate, form, record or report, until, and unless, it

has been accurately and fully completed, clearly identifying the

animals to which it applies, and showing the dates and results of any

inspection, test, vaccination, or treatment the accredited veterinarian

has conducted, except as provided in paragraph (c) of this section, and

the dates of issuance and expiration of the document. Certificates,

forms, records, and reports shall be valid for 30 days following the

date of inspection of the animal identified on the document. The

accredited veterinarian shall distribute copies of certificates, forms,

records, and reports according to instructions issued to him or her by

the Veterinarian-in-Charge.

* * * * *

Done in Washington, DC, this 27th day of July 1995.

Lonnie J. King,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-19181 Filed 8-3-95; 8:45 am]

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