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

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.