Code of Vermont Rules › Agency 20 - DEPARTMENT OF AGRICULTURE, FOOD AND MARKETS › Sub-Agency 022 - LIVESTOCK DIVISION › Chapter 006 - BRUCELLOSIS TESTING-HERD DISPERSAL › Section 20 022 006 - BRUCELLOSIS TESTING-HERD DISPERSAL

Current through June, 2024
Section
			 1405
A person shall not sell or cause to be sold cattle 12
				months of age or over, except for immediate slaughter, or ship or
				cause to be shipped any cattle which have not been blood tested for
				Brucellosis disease within 30 days prior to such sale or shipment.
				This regulation shall apply only to herd dispersal sales.
Action I
Prior to dispersal of any herd of cattle, the owner
				or custodian shall file a Herd Disclosure Statement with the
				Commissioner of Agriculture, on a form prescribed by the
				Commissioner, certifying that there has been a complete herd blood
				test at owner's expense for brucellosis disease of all test-eligible
				cattle together with a listing of all herd additions including the
				conveyor, date of acquisition, ear tag numbers and/or registration
				numbers, tatoos and retest records or interstate imports, for the
				(90) day period immediately prior to the herd blood test. The owner
				or custodian will certify that he has no knowledge of abortion within
				his herd unless the aborting animal(s) together with fetuses, if any,
				have been examined and blood tested by a Vermont licensed, accredited
				veterinarian, and the abortions determined not to have been caused by
				Brucellosis disease. This paragraph does not permit either commission
				auctions or livestock dealers to disperse any acquired, leased or
				mortgaged herd without first complying with the requirements of the
				Herd Disclosure Statement prior to any dispersal or movement of such
				herds to any premise by or on behalf of the dealer acquiring such
				herd or to whom the herd is to be consigned, nor does it exempt the
				assembling of cattle into herds within 30 days of herd dispersal
				unless all provisions of paragraphs 2 or 3 are complied with as to
				all cattle.
EMERGENCIES:
Upon petition to the Commissioner and for good cause
				shown, the Commissioner may exempt the owner or custodian of cattle
				from one or more of the requirements of these regulations, provided
				that at least one blood test must be performed and determined to be
				negative prior to dispersal. Emergencies will only be deemed to be
				circumstances beyond the control of the owner or custodian, such as
				an act of God or force majeure. Self-created hard-ships, through
				delay in compliance or otherwise, may not constitute an
				emergency.
Cattle sold or disposed of in violation of this
				regulation shall be subject to seizure and/or confiscation by the
				Commissioner of Agriculture or his authorized agent.
Action II
A new rule entitled "Blood Testing for Brucellosis;
				Identification of Slaughter Cattle" is added to read as appears on
				pages 1 & 2.
All blood samples are to be run and interpreted at
				the Department of Agriculture offical[official] Burcellosis
				Laboratory. The herd dispersal shall take place within (30) days
				after the blood test, and there shall be no herd additions after the
				blood test and prior to the completion of the dispersal.
For herds shipping milk in commercial channels, in
				addition to the requirements of paragraph 1, the Herd Disclosure
				Statement shall include the name of the milk handler, his address and
				farmer's patron number, total number of cattle to be dispersed and
				the number of test-eligible cattle. Such herds shall have had (3)
				consecutive negative Burcella Ring Tests at not less than (90) day
				intervals and determined to be negative on herd blood test for
				Brucellosis. There shall have been no herd additions within 30 days,
				prior to the blood test unless the additions originate and move
				directly, without exposure to any other cattle, from herds qualifying
				for dispersal under paragraph 2 and 3 of this regulation. All testing
				records are to be substantiated by Department of Agriculture
				records.
For herds not shipping milk in commercial channels,
				the Herd Dislosure Statement shall include in addition to the
				requirements in paragraph 1, the number of cattle to be dispersed,
				the number of test-eligible cattle and a declaration that there have
				been no herd additions within 30 days immediately prior to the Herd
				test unless they originate and move directly, without exposure to any
				other cattle, from herds qualifying for dispersal under paragraph 2
				of this regulation. Department of Agriculture records must
				substantiate that the herd blood test prior to dispersal has been
				determined to be negative for Brucellosis disease.
Dairy herds with either Brucella Ring Test or Market
				Cattle Identification suspicious tests and all other herds with
				Market Cattle Identification suspicious tests which demonstrate no
				brucellosis infection on herd test are required, prior to filing a
				Herd Disclosure Statement, to have a second herd blood test at
				owner's expense of all test-eligible cattle not less than (30) days
				from the initial test which, if determined to be negative, will
				qualify on the Herd Disclosure Statement. Individual cattle must also
				be retested in not less than 30 days prior to sale. When, in the
				opinion of the Commissioner, a question of the health status of such
				herds still exists based on the tests, additional blood tests and/or
				supplementary tests may be required.
Any herd addition within 90 days prior to herd test
				which cannot be certified as to its source of acquisition shall move
				directly to slaughter after first being blood tested.
Conveyance of cattle by any means other than
				significant dispersal or auction may take place only if each animal
				conveyed has been blood tested, at owner's expense, negative for
				brucellosis not more than (30) days before delivery to the conveyee.
				Cattle consigned for immediate slaughter are exempt from this test
				requirement.
Cattle consigned or sold for slaughter purposes shall
				be ear notched with "V" at the tip of the left ear, or marked with a
				bright yellow paint spray behind the left shoulder of a circular
				design approximately (12) inches in diameter; or blood tested
				negative for brucellosis. The ear notch, when used, shall be not less
				than 3/4 inches in all dimensions.
Sales may be affected by commission auctions and
				licensed, bonded livestock dealers where sales are made from sales
				barns and all cattle to be sold have met the 30 day blood test
				requirements or slaughter identification requirement of this
				regulation prior to purchased by or consignment to the dealer for
				sale. This paragraph does not permit either commission auctions or
				livestock dealers to disperse any acquired, leased or mortgaged herd
				without first complying with the requirements of the Herd Disclosure
				Statement prior to any dispersal or movement of such herds to any
				premise by or on behalf of the dealer acquiring such herd or to whom
				the herd is to be consigned, nor does it exempt the assembling of
				cattle into herds within 30 days of herd dispersal unless all
				provisions of paragraphs 2 and 3 are complied with as to all
				cattle.
EMERGENCIES:
Upon petition to the Commissioner and for good cause
				shown, the Commissioner may exempt the owner or custodian of cattle
				from one or more of the requirements of these regulations, provided
				that at least one blood test must be performed and determined to be
				negative prior to dispersal.
Emergencies will only be deemed to be circumstances
				beyond the control of the owner or custodian, such as an act of God
				or force majeure. Self-created hardships, through delay in compliance
				or otherwise, may not constitute an emergency.
Cattle sold or disposed of in violation of this
				regulation shall be subject to seizure and/or confiscation by the
				Commissioner of Agriculture or his authorized agent.