West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01 - Animal Disease Control › Section 61-1-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Accredited
				Veterinarian" means any veterinarian accredited by APHIS and approved by the
				Animal Health Official of the state where the veterinarian is doing business.
3.2. "Animal" means a bird, fish,
				reptile, or mammal other than man.
3.3. "APHIS" means the Animal and Plant
				Health Inspection Service or its successor agency of the United States
				Department of Agriculture.
3.4.
				"Approved E.I.A. and/or Pseudorabies Laboratory" means any United States
				Department of Agriculture l aboratory approved for conducting an official
				E.I.A. (Coggins') test and/or an official pseudorabies test.
3.5. "Approved Livestock Market" means a
				livestock market with an Accredited Veterinarian or Animal Health Official on
				site to monitor the health of livestock offered for sale to the general public.
				The market shall not require a CVI for arriving interstate livestock.
3.6. "Biologicals" mean products
				intended for diagnostic or therapeutic purposes in animals other than man.
3.7.  "Boar" means any male swine
				used for or intended to be used for breeding purposes.
3.8. "Brucellosis or Bang's Disease" means an
				infectious disease in bovine animals caused by any member of the Genus
				Brucella. Any animal is considered infected with brucellosis if it has a
				positive reaction to any APHIS approved test for brucellosis, or if any member
				of the Genus Brucella has been found in the body or its secretions or
				discharges, or if it has been treated with a live culture of Brucella.
3.9. "Calves" mean bovine animals
				which have not reached the usual age of maturity for the particular breed.
3.10. "Camelids" means llama,
				alpaca or camel of any age.
3.11.
				"Cattle" means bison or bovine animals of any age.
3.12. "Certificate of Veterinary Inspection
				(CVI)" means an official form issued by an accredited veterinarian in the state
				of origin and approved by the Animal Health Official of the state of origin
				listing all animals (with an accurate description and official identification)
				covered by the certificate that have been examined by the person issuing the
				form, stating the nature of the examination and the findings of the health of
				the animals covered by the certificate. In addition, the CVI shall contain the
				names and address of the consignor and the consignee of the animals, the
				vaccinations that the animals may have received and the dates that the
				vaccinations occurred. The CVI is void thirty (30) days after
				issuance.
3.13. "Certified
				Brucellosis Free Herd" means a herd which is certified as free from brucellosis
				by the Commissioner and APHIS.
3.14. "Cervidae" means a deer or elk of any
				age.
3.15. "Commissioner" means
				the Commissioner of the West Virginia Department of Agriculture or his or her
				agent. Employees of the Veterinary Services of APHIS have the authority to act
				as agents of the commissioner.
3.16. "Communicable disease" means all the
				diseases listed in W. Va. Code §
									19-9-1(e)
				and the diseases avian influenza, Exotic Newcastle Disease, Scrapie and any
				disease defined by USDA/APHIS.
3.17. "Equine" means an animal that is a
				member of the Equine genus including horses, ponies, mules, asses, donkeys, and
				zebras.
3.18. "E.I.A. Reactor"
				means an equine one (1) year of age or older who has had two (2) consecutive
				positive tests for E.I.A. performed in an approved E.I.A. laboratory and one
				(1) additional positive test performed in a United States Department of
				Agriculture. The animal may not show clinical signs of the disease.
3.19. "Exposed E.I.A. Animal" means any
				equine that is or has been stabled or commingling within 200 yards of any other
				equine that has had a positive E.I.A. (Coggins') test and may include an animal
				which has had the same handler as the equine that has had the positive E.I.A.
				(Coggins') test.
3.20. "Farm" means
				a contiguous parcel of land operated as a unit. Parcels of land owned by a
				farmer, but separated by other farms are considered separate farms.
3.21. "Feeder pig" means any immature swine
				used for or intended to be used exclusively for feeding for
				slaughter.
3.22. "Feral swine"
				means populations or individuals of swine that are unrestrained and have
				adapted to living in the wild or are free-roaming in the environment, excluding
				wild boar.
3.23. "Fur bearing
				animal" means a mink, weasel, muskrat, beaver, opossum, skunk, civet cat
				(commonly called polecat), otter, red fox, gray fox, wildcat, bobcat, bay lynx,
				raccoon or fisher.
3.24.
				"Histopathology service" means the preparation and staining tissue for
				microscopic viewing for the detection of abnormalities which may be indicative
				of a disease or condition.
3.25.
				"Honor Flock" means a flock of breeding sheep for which the owner has completed
				required online or mail-in certification via the State Veterinarian's offices,
				or that has been inspected on the farm by WVDA Animal Health personnel or an
				accredited veterinarian and found to be free of communicable diseases,
				specifically sore mouth and foot rot. This certificate is good for one (1) year
				from the date of issuance. Honor flock sheep must pass inspection at entrance
				to exhibitions and may be rejected from the event if there are signs of
				communicable disease, parasitism, injury, or other conditions perceived
				detrimental for animal health and welfare.
3.26. "Honor herd" means a herd of breeding
				goats for which the owner has completed required online or mail-in
				certification via the State Veterinarian's offices, or that has been inspected
				on a farm by WVDA Animal Health personnel or an accredited veterinarian and
				found to be free of communicable diseases, specifically sore mouth and foot
				rot. This certificate is good for one year from the date of issuance. Honor
				herd goats must pass inspection at entrance to exhibitions and may be rejected
				from the event if there are signs of communicable disease, parasitism, injury,
				or other conditions perceived detrimental for animal health and welfare.
3.27. "Immediate slaughter" means
				movement to a slaughter facility for humane processing no longer than thirty
				days (30) after importation into the state or entering slaughter-only channels
				at an approved livestock market.
3.28. "Indemnity" means money paid by the
				commissioner to the owner of an animal found to be a reactor for a communicable
				disease which cannot be cured or controlled by isolation and adequate or proper
				veterinary treatment. The amount of the indemnity will be the difference
				between the sale price of the animal and the value of the animal in the
				certificate of appraisal.
3.29.
				"Laboratory services" means those procedures done in the laboratory.
3.30 "National Poultry Improvement Plan
				(NPIP)" means a cooperative federal-state-industry mechanism for controlling
				certain poultry diseases as set forth in the National Poultry Improvement Plan
				and Auxiliary Provisions set forth in Title (44) of the Code of Federal
				Regulations Parts 145 through 147 and part 56 published March 22, 2011.
3.31. "Non-reactor" means an
				animal showing a negative reaction noted by a specific titer to a test.
3.32. "Official pseudorabies
				serologic test" means an official pseudorabies test conducted on swine serum to
				detect the presence or absence of pseudorabies antibodies.
3.33. "Official Pseudorabies Test" means any
				test for the diagnosis of pseudorabies approved by the United States Department
				of Agriculture and conducted in an approved laboratory.
3.34. "PCR" means Polymerace Chain Reaction.
3.35. "Person" means any
				individual, partnership, association, fiduciary, firm, company, corporation or
				any organized group of persons whether incorporated or not. The term extends to
				the agents, servants, officers and employees of the person. 3.36. "Poultry"
				means domesticated fowl, including chickens, turkeys, ostriches, emus, rheas,
				cassowaries, waterfowl, and game birds (except doves and pigeons) that are bred
				primarily to produce eggs and meat.
3.37. "Poultry sale" means a sale of various
				poultry breeds by lot or individual at a location where comingling of poultry
				takes place.
3.38. "Pseudorabies
				or Aujesky's disease ("mad itch") means an infectious and contagious disease of
				swine and certain other warm-blooded animals.
3.39. "Quarantine Pen" means a
				partitioned-off space within the livestock sale facility where animals can be
				placed at the discretion of the State Veterinarian or his or her designee and
				have no direct contact with any other non-diseased or affected animals.
3.40. "Ratite" means any group of
				flightless birds having a flat breastbone without the keel-like prominence
				characteristic of most flying birds. This includes, but is not limited to the
				emu, ostrich, and rhea.
3.41.
				"Reactor" means any animal that responds to a test for a particular disease
				showing a positive titer above that which is considered a negative or suspect
				reaction for a particular disease.
3.42. "Restricted vaccines" means vaccines
				containing live, modified-live or infectious agents for any disease known to be
				a public health hazard, or that is for diseases not yet known to occur in this
				State or are capable of causing harm to man or animals when misused.
3.43. "Sow" means any female swine used for
				or intended to be used for breeding purposes.
3.44. "Stocker cattle" means sexually intact
				cattle not consigned to slaughter.
3.45. "Suspect" means an animal that shows a
				titer to a particular test that makes it uncertain whether the animal has been
				exposed or has the particular disease.
3.46. "Test" means an examination made to
				determine the presence or absence of antibodies to a disease or an
				incriminating reaction to an antigen or other activities to determine whether
				or not an animal has a particular disease.
3.47. "Trichomoniasis" means a venereal
				disease of cattle caused by the organism Tritrichomonas foetus.
3.48. "Tuberculosis" means an infectious
				disease caused by Mycobacterium bovis, commonly known as the tubercle bacillus.
3.49. "User fees" means those fees
				collected from users of the laboratory's services.
3.50. "Vaccine" means any biological that is
				a preparation of live, modified-live or killed infectious agents or a
				preparation of tissue that is administered to produce or artificially increase
				immunity to a particular disease.
3.51. "Vaccination" means the inoculation of
				an animal with a vaccine.
3.52.
				"Veterinarian" means any veterinarian employed by a state or federal agency,
				any veterinarian in this state that is recognized by the West Virginia
				Veterinary Medical Association, any licensed veterinarian, or any livestock
				technician employed by the commissioner.
3.53. "Virgin Bull" means sexually intact
				male cattle which have not serviced a cow and which are not more than eighteen
				(18) months of age as determined by the presence of the two permanent central
				incisors in wear or by the birth date on breed registry papers certified by the
				breeder; or not more than 30 months of age and certified by both the breeder
				based on the birth date and confirmed by a veterinarian that the bull facility
				is sufficient to prevent contact with female cattle. The certification by the
				breeder is valid for 60 days and may be transferred within that timeframe with
				an original signature of the consignor.
3.54. "Wild animal" means any mammal native
				to the State of West Virginia, occurring either in a natural state or in
				captivity. The term does not include mice and rats.
3.55. "Wild bird" means any bird native to
				the state, or migrating through this state and includes any imported foreign
				game bird, such as a pheasant, partridge, quail, grouse or waterfowl regardless
				of whether the birds are held in captivity or not. The term does not include a
				chicken, duck, goose, guinea fowl, peafowl, turkeys, common canary, exotic
				finches, ring doves or psittacidae.
3.56. "Wildlife" means any wild bird, wild
				animal, game animal, fur-bearing animal, fish (including minnows), amphibians,
				aquatic turtles or any aquatic animal used as fish bait, whether dead or alive.