Current through Register Vol. 47, No. 17, September 10, 2024
14.1. Introduction
The State Veterinarian, as designee of the Commissioner of
Agriculture, has reasonable evidence to conclude that HPAI H5N1 clade 2.3.4.4b
has been detected in dairy cattle in various parts of the United States,
including Colorado, Kansas, Idaho, Michigan, New Mexico, North Carolina, Ohio,
South Dakota, and Texas.
HPAI is a communicable disease known to infect poultry and
waterfowl, both domestic and wild, with occasional spillover to mammals
including dairy cattle. Further, HPAI may be zoonotic, representing a threat to
humans who may come into contact with its pathogens. HPAI is a reportable
animal disease in the state of Colorado in any species.
On April 24, 2024, the Animal and Plant Health Inspection
Services (APHIS), United States Department of Agriculture, issued a federal
order to prevent the spread of HPAI, which order is incorporated herein by
reference. This incorporated material may be obtained at a reasonable charge or
examined by contacting the Animal Health Division, Colorado Department of
Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021. Further, the
incorporated material may be examined at no cost on the Internet at:
https://www.aphis.usda.gov/sites/default/files/dairy-federal-order.pdf.
HPAI has also been positively identified in the state of
Colorado in both poultry and dairy cattle. This emergency rule will protect the
health, safety, and welfare of Colorado's poultry and livestock industries and
of Colorado's residents by limiting the opportunity for the spread of HPAI in
Colorado.
14.2. Emergency
Implementation of Disease Control to Prevent the Spread of HPAI
14.2.1. Definitions
14.2.1.1. "Dairy Cattle" means all cattle
used for the primary purpose of milk production including, but not limited to,
Ayrshire, Brown Swiss, Holstein, Jersey, Guernsey, Milking Shorthorn, and Red
and Whites.
14.2.1.2. "Lactating
Dairy Cattle" means female dairy cattle currently in one of the lactation
phases (i.e., early, mid, and late) of their current production
cycle.
14.2.2.
Implementation. As of the date of this emergency rule, the following testing
protocols are mandatory.
14.2.2.1. Prior to
interstate movement, lactating dairy cattle are required to receive a negative
test for Influenza A virus at an approved National Animal Health Laboratory
Network (NAHLN) laboratory.
14.2.2.1.1. This
sample must be collected by an accredited veterinarian, a state-licensed
veterinarian, or a sample collector approved by the appropriate state animal
health official.
14.2.2.1.2. Sample
collection and testing must take place no more than seven (7) days prior to
interstate movement.
14.2.2.1.3.
The lactation status and negative test results for any lactating dairy cattle
must be recorded on the Certificate of Veterinary
Inspection.
14.2.2.2.
Nonclinical, lactating dairy cattle moving interstate directly to slaughter do
not need a pre-movement test but must move on a CVI or other documentation of
movement approved by the sending and receiving state animal health officials
and provided to the sending and receiving state animal health
officials.
14.2.2.3. Clinically
affected lactating dairy cattle or lactating dairy cattle from herds that test
positive for HPAI are ineligible for interstate movement.
14.2.2.4. Owners of herds in which dairy
cattle test positive for HPAI are required to provide epidemiological
information, including animal movement tracing, to state animal health
officials and USDA.
14.2.2.5.
Testing for HPAI in cattle may only be completed at a National Animal Health
Laboratory Network (NAHLN) laboratory. Any positive result must be reported to
the State Veterinarian's Office.
14.3. Violation of This Emergency Rule
14.3.1. Any violation of this rule may result
in referral to the Colorado Office of the Attorney General or the local
district attorney and subject the violator to penalties, including civil
penalty, criminal prosecution, or enforcement through the state's district
courts (or any combination thereof).
