Code of Vermont Rules
Agency 20 - DEPARTMENT OF AGRICULTURE, FOOD AND MARKETS
Sub-Agency 022 - LIVESTOCK DIVISION
Chapter 009 - CONTAGIOUS DISEASES IN DOMESTIC ANIMALS
Section 20 022 009 - CONTAGIOUS DISEASES IN DOMESTIC ANIMALS

Universal Citation: VT Code of Rules 20 022 009

Current through August, 2024

Section 1201 Examination, Quarantine and Other Control Measures Upon Report of Disease

When the commissioner is informed by a veterinarian that a contagious disease exists, he shall make or cause to be made an examination of the suspected animals. If necessary, he may quarantine such animals or the town or place in which such animals are located and shall take such other measures for the extermination of the disease as may seem necessary for the public good.

Section 1202 Regulations by Selectmen and Boards of Aldermen

Selectmen and boards of aldermen may make and enforce such regulations as they deem proper to prevent the spread of infectious or contagious diseases among domestic animals within their respective towns and cities, and shall inquire into all such cases coming to their knowledge and forthwith report the same to the governor. A person who knowingly violates or refuses to obey such regulations shall be fined $ 100.00.

Section 1203 Report of Contagious Disease to Commissioner

(a) Whenever a veterinarian or officer engaged in the inspection of animal 5 for the protection of the public health believer an animal to be affected with contagious disease, he shall forthwith report same to the Commissioner of Agriculture. A contagious disease shall include but not be limited to the following: anthrax, hog cholera, rabies and glanders.

(b) When the Commissioner of Agriculture receives a report as provided in subsection (a) of this section, he shall make the examinations and laboratory tests he deems necessary. If such examinations and laboratory tests show an animal to be affected with anthrax, hog cholera, rabies or glanders, he shall take action as authorized by section 1201 of these regulations.

(c) A person who violates a provision of this section shall be imprisoned not more than six months or fined not more than $ 200.00 nor less than $ 25.00.

Section 1205 Disinfection of Vehicles

(a) A person, firm, or corporation hauling diseased livestock, including cattle that have reacted to the tuberculin and Bang's abortion tests, and cattle that have been found to be diseased with mastitis, before hauling any healthy cattle, shall cause the truck trailer or other conveyance to be thoroughly cleaned by removing all litter, manure or refuse from such conveyance and shall cause such conveyance to be disinfected in a manner prescribed by regulations made and issued by the Commissioner of Agriculture.

(b) A person, firm or corporation who violates a provision of subsection (a) of this section shall be imprisoned not more than six months or fined not more than $ 200.00 nor less than $ 10.00.

Section 1206 Disinfection of Exhibition Barns and Sheds

When the secretary or executive officer of an agricultural society or fair at which cattle are exhibited fails to disinfect the stock barns and cattle sheds in accordance with the regulations made by the Commissioner of Agriculture not more than fifteen nor less than seven days before an exhibition is held, he shall be fined not more than $ 100.00.

Section 1206 Scrapie Disease Control

I. Definitions as used in section 1206 of rule 20-022-009 inclusive.
a. "Approved laboratory" has the meaning ascribed to it in 9 C.F.R. § 79.1. A laboratory approved by the APHIS administrator in accordance with § 54.11 of 9 C.F.R to conduct one or more scrapie tests, or genotypes tests, on one or more tissues.

b. "APHIS" is the Animal Plant Health Inspection Service of the United States Department of Agriculture.

c. "Breeding animal" means any sexually intact goat or sheep that is not moving through slaughter channels to slaughter.

d. "C.F.R" refers to the code of federal regulations. 9 C.F.R § 79 is titled Scrapie in Sheep and Goats.

e. "Consistent State" is one whose intrastate identification, reporting, and movement restrictions for infected and source flocks and high-risk animals are consistent with the APHIS standards for State scrapie programs.

f. "Exposed animal" has the meaning ascribed to it in 9 C.F.R. § 79.1.
(1) Any animal that has been in the same flock at the same time as a scrapie-positive female animal, excluding limited contacts: or

(2) Any animal born in a flock after a scrapie-positive animal was born into that flock or lambed in that flock, if born before that flock completes the requirements of a flock plan; or

(3) Any animal that was commingled with a scrapie-positive female animal during or up to 30 days after she lambed, kidded, or aborted, or while a visible vaginal discharge was present, or that was commingled with any other scrapie-positive female animal for 24 hours or more, including during activities such as shows and sales or while in marketing channels; or

(4) Any animal in a noncompliant flock.

g. "Exposed flock" has the meaning ascribed to it in 9 C.F.R. § 79.1. Any flock in which a scrapie-positive animal was born or lambed. Any flock that currently contains a female high-risk, exposed, or suspect animal, or that once contained a female high-risk, exposed, or suspect animal that lambed in the flock and from which tissues were not submitted for official testing and found negative. A flock that has completed a post-exposure management and monitoring plan following the exposure will no longer be an exposed flock.

h. "Flock" has the meaning ascribed to it in 9 C.F.R. § 79.1. All animals that are maintained on a single premise and all animals under common ownership or supervision on two or more premises with animal interchange between the premises. Changes in ownership of part or all of a flock do not change the identity of the flock or the regulatory requirements applicable to the flock. Animals maintained temporarily on a premise for activities such as shows and sales or while in marketing channels are not a flock. More than one flock may be maintained on a single premises if:
(1) The flocks are enrolled as separate flocks in the SFCP; or

(2) A State or APHIS representative determines, based upon examination of flock records, that:
(i) There is not interchange of animals between the flocks;

(ii) The flocks never commingle and are kept as least 30 feet apart at all times or are separated by a solid wall through, over, or under which fluids cannot pass and through which contact cannot occur;

(iii) The flocks have separate flock records and identification;

(iv) The flocks have separate lambing facilities, including buildings and pastures, and a pasture or building used for lambing by one flock is not used by the other flock at any time; and

(v) The flocks do not share equipment without cleaning and disinfection in accordance with § 54.7(e) of 9 C.F.R. Additional guidance on acceptable means of cleaning and disinfection is also available in the Scrapie Flock Certification Program standards and the Scrapie Eradication Uniform Methods and Rules.

i. "High risk animal" has the meaning ascribed to it in 9 C.F.R. § 79.1. A sexually intact animal, excluding male sheep that have tested RR at codon 171 and AA at codon 136 using an official genotype test, that is:
(1) The progeny of a scrapie-positive dam; or

(2) Born in the same flock during the same lambing season as progeny of a scrapie-positive dam, unless the progeny of the scrapie-positive dam are from separate contemporary lambing groups; or

(3) Born in the same flock during the same lambing season that a scrapie-positive animal was born, or during any subsequent lambing season, if born before the flock completes the requirements of a flock plan; or

(4) An exposed female sheep that has not tested QR, HR or RR at codon 171 using an official genotype test.

j. "Inconsistent state" has the meaning ascribed to it in 9 C.F.R. § 79.1. Any State other than a Consistent State.

k. "Infected flock" has the meaning ascribed to it in 9 C.F.R. § 79.1. The flock of origin of a female animal that a State or APHIS representative has determined to be a scrapie-positive animal; or any flock in which a State or APHIS representative has determined that a scrapie-positive female animal has resided unless an epidemiologic investigation conducted by a State or APHIS representative shows that the animal did not lamb or abort in the flock. A flock will no longer be considered an infected flock after is has completed the requirements of a flock plan.

l. "Livestock dealer" means a person going from place to place buying, selling or transporting livestock, or operating a livestock auction or sales ring, either on their own account or on commission except, state breed associations recognized as such by the secretary ( 6 VSA § 761(2) ).

m. "Noncompliant flock" has the meaning ascribed to it in 9 C.F.R. § 79.1.
(1) Any source or infected flock whose owner declines to enter into a flock plan or post-exposure management and monitoring plan agreement within 30 days of being so designated, or whose owner is not in compliance with either agreement;

(2) Any exposed flock whose owner fails to make animals available for testing within 60 days of notification, or as mutually agreed, or whose owner fails to submit required postmortem samples;

(3) Any flock whose owner has misrepresented, or who employs a person who has misrepresented, the scrapie status of an animal or any other information on a certificate, permit, owner statement, or other official document within the last 5 years; or

(4) Any flock whose owner or manager has moved, or who employs a person who has moved, an animal in violation of 9 C.F.R. within the last 5 years.

n. "Official scrapie identification" means a method of identification approved by the United States Department of Agriculture as set forth in 9 C.F.R. § 79.2. Identification mark or device approved by APHIS for use in the Scrapie Eradication Program. Examples are listed in 9 C.F.R. § 79.2(a)(2).

o. "Secretary" means the Vermont Secretary of Agriculture, Food, and Markets.

p. "Scrapie" means a non-febrile, transmissible, insidious degenerative disease affecting the central nervous system of goats and sheep.

q. "Scrapie-positive animal" has the meaning ascribed to it in 9 C.F.R. § 79.1. An animal for which a diagnosis of scrapie has been made by the National Veterinary Services Laboratories or another laboratory authorized by the Administrator to conduct scrapie tests in accordance with 9 C.F.R., through:
(1) histopathological examination of central nervous system (CNS) tissues from the animal for characteristic microscopic lesions of scrapie;

(2) The use of proteinase-resistant protein analysis methods including but not limited to immunohistochemistry and/or western blotting on CNS and/or peripheral tissue samples from a live or a dead animal for which a given method had been approved by the Administrator for use on that tissue;

(3) Bioassay;

(4) Scrapie associated fibrils (SAF) detected by electron microscopy; or

(5) Any other test method approved by the Administrator in accordance with § 54.10 of 9 C.F.R..

r. "Slaughter channels" has the meaning ascribed to it in 9 C.F.R. § 79.1. Animals in slaughter channels include any animal that is sold, transferred, or moved directly to a slaughter facility, to an individual for custom slaughter, or for feeding for the express purpose of improving the animals' condition for movement to slaughter. Any sexually intact animal that is commingled with breeding animals or that has been bred is not in slaughter channels. When selling animals for slaughter, owners should note on the bill of sale that the animals are sold only for slaughter.

s. "Source flock" has the meaning ascribed to it in 9 C.F.R. § 79.1. A flock in which a State or APHIS representative has determined that at least one animal was born that was diagnosed as a scrapie-positive animal at an age of 72 months or less. The determination that an animal was born in a flock will be based on such information as the presence of official identification on the animal traceable to the flock, the presence of other identification on the animal that is listed on the bill of sale, or other evidence, such as registry records, to show that a scrapie-positive animal was born in the flock, combined with the absence of records indicating that the animal was purchased from outside and added to the flock. If DNA from the animal was previously collected by an accredited veterinarian and stored at an approved genotyping laboratory, or in DNA collection and storage are required for breed registration and the breed registration has appropriate safeguards in place to ensure the integrity of the banking process, the owner may request verification of the animals identity based on DNA comparison if adequate records and identification have been maintained by the owner and the repository to show that the archived DNA is that of the animal that has been traced to the flock. The owner will be responsible for all costs for the DNA comparison. A flock will no longer be a source flock after it has completed the requirements of a flock plan.

t. "Suspect animal" has the meaning ascribed to it in 9 C.F.R. § 79.1. An animal will be designated a suspect animal in accordance with § 79.4 if it is (1) A sheep or goat that exhibits any of the following possible signs of scrapie and that has been determined to be suspicious for scrapie by an accredited veterinarian of a State or APHIS representative: Weight loss despite retention of appetite; behavioral abnormalities; pruritis (itching); wool pulling; biting at legs or side; lip smacking; motor abnormalities such as incoordination, high stepping gait of forelimbs, bunny hop movements of rear legs, or swaying of back end, increased sensitivity to noise and sudden movement; tremor, "star gazing," head pressing, recumbency, or other signs of neurological disease or chronic wasting. (2) A sheep or goat that has tested positive for scrapie or for the proteinase resistant protein associated with scrapie on a live-animal screening test or any other test, unless the animal is designated a scrapie-positive animal. (3) A sheep or goat that has tested inconclusive or suggestive on an official test for scrapie.

u. "Test-positive animal" means a goat or sheep that tests positive to an official test for scrapie.

v. "Uniform Methods and Rules" means the Scrapie Eradication Uniform Methods and Rules, published by the Animal and Plant Health Inspection Service of the United States Department of Agriculture on June 1, 2005 (with periodic revisions), which is hereby adopted by reference. A copy of this publication may be obtained free of charge at the Internet address http://aphisweb.aphis.usda.gov/vs/nahps/scrapie/umr.pdf [File Link Not Available]

II. Identification Requirements
a. A person who presents a goat or sheep at an exhibition, show or fair shall provide for the goat or sheep official scrapie identification to its flock of birth.
i. Goats and sheep born prior to the adoption of this rule will be required to be identified with official scrapie identification to its current flock, if flock of birth is unknown.

b. A person who transfers ownership of a goat or sheep within Vermont shall provide for the goat or sheep official scrapie identification to its flock of birth.

c. Sheep less than 18 months of age in slaughter channels and all goats in slaughter channels are not required to be identified.
i. Sheep greater than 18 months of age in slaughter channels are required to be identified with official scrapie identification.4

d. A person shall not remove a goat or sheep from slaughter channels unless the animal:
i. Has official scrapie identification to its flock of birth;

ii. Is not from an inconsistent state; and

iii. Is not an:
1. Exposed animal;

2. Animal from an infected flock; or

3. Animal from a source flock.

III. Record Keeping Requirement
a. Persons who apply official identification
i. A person who applies official identification must maintain the following records:
1. date the identification was applied;

2. number of sheep and goats identified;

3. identification numbers applied; and

4. the name and address of the flock of birth, if different from the current flock.

ii. Livestock dealers (including markets, auctions, slaughter plants and consignment sales), extension personnel, or accredited veterinarians who apply official identification that is not assigned to the producer must maintain the following records:
1. date the identification was applied;

2. number of sheep and goats identified;

3. serial tag numbers applied; and

4. the name and address of the flock where the animal currently or most recently resided.

iii. Livestock dealers and slaughter plants shall record the official scrapie identification numbers of the goats and sheep that they handle including the date, name and address from whom acquired and to whom delivered.

b. Record Retention and availability. All business records relating to sheep and goat movements must be maintained for at least five years after the person has sold or otherwise disposed of the sheep or goat and be available for inspection and copying at any reasonable time by any authorized agent of the secretary.

IV. Discovery
A. Flocks or animals with scrapie disease, or having been exposed to, will be subjected to methods of control set forth in the scrapie uniform methods and rules (UMR).

V. Enforcement

The secretary may take the following action to ensure compliance with this section of these rules:

a. A person who is required but who fails to comply under these rules shall be sent a written letter of warning which shall include a brief description of the alleged violation of these rules and include a request that the violations to the rule be addressed within 30 days of the date of the letter;

b. If, after the expiration of the 30 day period described above, a person who is required respond, but who fails to address the violations, may receive a cease and desist order from the secretary requiring the person to comply;

c. Violations of a cease and desist order issued under this section may be enforced through an proposed administrative penalty not to exceed $ 1,000.00 pursuant to 6 V.S.A. § 15(a);

d. Administrative penalties issued under this section shall comply with the provisions regarding notice and an opportunity for a hearing as set forth in 6 V.S.A. § 16.

Section 1241 Pleuropneumonia; Measures by Towns

(a) At a meeting held for that purpose, a town may establish regulations, appoint officers or agents, and raise and appropriate money to arrest and prevent the spread of pleuropneumonia among cattle.

(b) The selectmen may perform all acts and make all rules and regulations for and in behalf of the town, necessary to carry into effect the powers conferred on the town by this section, until the team otherwise orders at a meeting held for that purpose.

Section 1242 Sheep - Disease Sheep Running at Large; Penalty

If sheep are infected with the hoof ail, foot rot or with the scab, the owner or keeper thereof shall restrain them from running at large in the public highways or commons and keep them in an enclosure. If he, knowing them to be so diseased, knowingly permits them to go at large upon a common or public highway, or if such sheep, while so disease, are found in an enclosure other than that of such owner or keeper, he shall be fined $ 10.00 and shall also be liable to the party injured for the damages sustained to be recovered in an action of tort on this statute.

Section 1243 Forfeiture of Sheep

If sheep infected with the hoof ail, foot rot or scab are found at large upon a common public highway or lane, or lands not owned or occupied by their owner or keeper, through the neglect of such owner or keeper, such sheep shall become forfeit to any person who takes them up. The owner of such sheep shall not have an action at law or equity for their recovery.

Section 1244 Horses - Penalty for Watering, Feeding or Hitching Diseased Horses

A person who knowingly waters or causes to be watered at a public trough or watering place, or who feeds or causes to be fed at a public stable or horse shed, or offers for hitching therein, a horse afflicted with the glanders or any other malignant disease, shall be fined not more than $ 20.00 nor less than $ 10.00 for each offense.

Section 1245 Examination and Disposition by Selectmen

The selectmen of the town in which a horse, disease as described in section 1244 of this title, is owned shall, upon complaint, or may, if aware of the fact, make an examination of the case and if necessary employ a veterinarian at the expense of the town. If it appears that the horse has the glanders or any other malignant disease, they shall cause the same to be killed at the owner's expense to be recovered in an action of tort on this statute in the name of the town. For these services the selectmen shall receive the same compensation from the town as for other town duties.

Section 1246 Glanders - State Test on Owner's Application

An owner of horses may make application to the Commissioner for a state test of his stock for glanders. The Commissioner shall forthwith send him an application form and agreement calling for information about the horses as he may require and prescribing as a condition of such test the observance on the part of the owner of measures deemed necessary by the Commissioner to keep the disease of glanders from spreading.

Section 1247 Examination for Glanders; Cost

As soon as possible after the receipt of an application and agreement the Commissioner in person, or by his agent, shall make a thorough physical examination of the animals and may subject them to the mallein test. The state shall pay the cost of the examination and test under the provisions of this section, except in the case of horses tested for glanders which do not respond to the test, and in that case the cost of the test shall be paid by the owner.

Section 1281 Testing of Suspected Herd; Entry on Premises; Disposal of Diseased Animals

When the Commissioner has reason to believe that tuberculosis exists in a herd of cattle and that there is a menace to the health of other herds of cattle or the health of cattle or the health of human beings, he may enter upon the premises of the owner of the herd, in person or by his agent and may make or cause to be made a thorough examination of the herd. In his discretion, he may order the tuberculin test to be applied. In case any animals are found to be diseased, the procedure provided by sections 1331-1338 of these regulations shall be followed.

Section 1282 Tags

An animal tested by tuberculin under the provisions of this chapter and which passes the test satisfactorily to the Commissioner or his agent shall have a numbered tag placed in its ear, unless the animal is already so tagged, or the number may be tattooed in the animal's ear. Tags for such purpose shall be furnished by the Commissioner at the expense of the state. Such tags shall be numbered and marked as he directs.

Section 1283 Misuse or Removal of Tag

A person who, without authority from the Commissioner, inserts or causes to be inserted in or removes or causes to be removed from the ear of an animal the numbered tag, or otherwise misuses or causes such tags to be misused shall be imprisoned not more than one year or fined not more than $ 300.00, or both.

Section 1284 Reports of Tuberculin Tests

All tuberculin tests shall be reported to the livestock Commissioner by the person applying the test. The report shall be made within five days from the time the test is completed and shall contain the records and information the Commissioner may require.

Section 1285 Retests; Loss of Accredited Standing; Suspected Herds

When any area loses its accredited standing or any herd is believed to be infected, the Commissioner may make retests from time to time as he deems necessary.

Section 1286 Area Tests - Retests in Modified Accredited Tuberculosis-Free Areas; Expenses of Tests

When all the cattle in any county have been tested and such county has been declared an officially "modified accredited tuberculosis-free area," three years after the county was declared a "modified accredited tuberculosis-free area," the Department of Agriculture shall apply retests in the area as shall be necessary to maintain its standing. Further area retesting shall be made at such intervals as the Commissioner may deem necessary to protect the work already done and to preserve the areas standing as a "modified accredited tuberculosis-free area" under the specifications and regulations of the United States Secretary of Agriculture and the agreements among the various states. The area retest shall be made at the expense of the state. The above shall apply only to area retests and the necessary retesting in infected herds. All other testing, except as provided in section 1285 of this title, shall be done at owner's expense.

Section 1287 Moving Cattle in Testing Area

Cattle shall not be brought into any town after a tuberculin test has commenced or moved from one part of town to another, except in compliance with regulations prescribed by the Commissioner.

Section 1288 Entry on Premises; Quarantine on Refusal of Test; Regulations

The Commissioner, his agent, or any person appointed or authorized to assist in the work of applying tuberculin tests as provided in sections 1285 and 1286 of this title, may enter a barn, stable, yard, pasture or other building or inclosure where cattle may be, for the purpose of making inspection and applying tuberculin test. If a person refuses to allow cattle owned or kept by him to be tested as provided in this section, the Commissioner or his agent shall quarantine all barns, stables, yards, pastures or other buildings and premises where cattle are kept. The expense of the quarantine shall be paid by the owner or person in charge of such animals. The Commissioner may issue rules and regulations requiring the observance on the part of owners of cattle of measures deemed necessary by the commissioner to keep herds free from tuberculosis.

Section 1289 Removal During Quarantine

During quarantine no cattle or swine shall be removed from or placed on or in premises or buildings covered by the quarantine, except for purposes of immediate slaughter and then only with the consent and under regulations of the Commissioner.

Section 1290 Pasteurization of Milk and Cream During Quarantine

During quarantine, no milk or cream from cattle covered by quarantine shall be sold, exchanged battered or given away to be used for any food purposes whatsoever, until the milk or cream has been first pasteurized in accordance with regulations prescribed by the Commissioner and approved by the state Health Commission. No other dairy products shall be traded, sold, exchanged, bartered or given away unless thay [they] have been made from milk or cream pasteurized as provided in this section.

Section 1291 Effective Period of Quarantine

Such quarantine shall remain in effect until the owner of the animals has had all animals tested at his own expense by a veterinarian approved by the Commissioner and until any reactors found by the test have been removed and slaughtered as provided in sections 1337 and 1338 of this title.

Section 1292 Duties of Department and Owner

The Department of Agriculture shall provide necessary equipment, supplies and inspectors for tests under the provisions of section 1285 of this title and make all arrangments [arrangement] necessary for the carrying on and completion of area tests authorized by section 1286 of this title, except, however, that the owner of cattle which are to be tested under an area test upon the day or days set for such test shall have all cattle stabled or confined in pens in a manner convenient for making the test and shall furnish sufficient help to assist a veterinarian and notice in writing requiring the action shall be given by the Commissioner or his agent at least ten days previous to the day or days set for the test.

Section 1331 Appraisal of Animals Killed

The value of all animals killed by order of the Commissioner or his agent shall be first appraised by the owner and the Commissioner or his agent. In the event of a disagreement as to the amount of the appraisal, a third disinterested person shall be selected to act with them and appraise the animals. In making that appraisal, the fact that the animals have been condemned for disease shall not be considered, but in no case shall the appraisal for a single animal exceed the sum of $ 175.00 except horses, oxen and registered cattle, in which cases the limit of appraisal shall be $ 250.00, and a certificate of registration of the registered cattle shall be furnished the livestock Commissioner or his agent at the time of appraisal.

Section 1332 Amount of Indemnity; Salvage

The owner shall receive the net salvage from the sale of each animal in accordance with the provisions of sections 1337 and 1338 of these regulations. The state shall pay the owner, subject to the provisions of section 1334 of these regulations, two-thirds of the difference between the salvage and the appraised value, less sums received by the owner from the United States Department of Agriculture, for cattle killed as a result of tests made in accordance with the provisions of sections 1285 and 1286 of these regulations.

Section 1333 Disinfection of Premises; Payment of Indemnity

(a) Barns, buildings or enclosures in which diseased animals have been kept shall be cleaned at the expense of the owner, but the Commissioner shall disinfect and inspect the premises where reactors are found if tuberculin tests are made in accordance with the provisions of sections 1285 and 1286 of these regulations except that the owner shall pay for disinfectant used.

(b) Directions for disinfection shall be given by the Commissioner or his agent. Disinfection shall be approved by the Commissioner. Within sixty days thereafter, he shall make out and approve in writing an account stating the number of animals, the appraised value of each and the amount to be paid the owner therefor. Upon presentation of the account, the Auditor of Accounts shall issue his warrant in favor of the owner for the amount to be paid him under the provisions of section 1332 of these regulations.

Section 1334 Exceptions to Right to Indemnity

An owner of condemned animals shall not be entitled to receive indemnity from the state in the following cases:

(1) If animals imported from another state were not, at the time of their importation, imported and examined in accordance with the provisions of section 1461 of these regulations and 6 V.S.A. sections 1462-1464, and pronounced free from disease;

(2) Animals brought into this state contrary to any of the provisions of law;

(3) Animals which have been negligently or willfully exposed to contagious or infectious disease;

(4) When infected premises have not been disinfected according to regulations and the satisfaction of the Commissioner of Agriculture in a manner which would prevent the spread of disease;

(5) When the Commissioner finds that owner has violated the uniform method and rules adopted by the state and the United States Secretary of Agriculture for the eradication of tuberculosis;

(6) When any condemned animals cannot be checked by the Commissioner as proper additions to an owner's herd;

(7) When condemned animals have not been handled and slaughtered in accordance with the provisions of sections 1337 and 1338 of these regulations.

(8) If condemned animals are not slaughtered within thirty days from the time of test;

(9) When animals are not tested by a veterinarian approved by the Commissioner or are not tested under such Commisioner's direction.

Section 1335 Reactors to Tuberculin or Mallein Test

If any animals react to a tuberculin or mallein test, they shall be condemned and disposed of, after appraisal in the manner provided in these regulations. If the Commissioner or his agent by physical examination or autopsy believes an animal to be diseased with tuberculosis, the animal shall be condemned and disposed of after appraisal in the manner provided in sections 1331-1339. If post mortem examination shows the animal to have been diseased with tuberculosis and the Commissioner deems it advisable, indemnity may be paid the same as though the animal had been tested and condemned.

Section 1336 Violation of Test Agreement

When an owner signs an agreement under which he receives a test at the expense of the state and thereafter violates the terms of the agreement, any indemnity paid by the state and all expenses incurred by the state in making such tests shall be recoverable into the state treasury in an action of tort on this regulation. He shall forfeit his right to further tests at the expense of the state for cattle reacting to the test until the sums have been paid.

Section 1337 Disposal of Reactors to Tuberculin Test; Licensing Slaughterhouses and Dealers

(a) With the approval of the Governor, the Commissioner may arrange for the dispostion [disposition] of animals reacting to the tuberculin test at any slaughterhouse where all animals slaughtered are inspected and passed upon by a veterinarian approved by the Commissioner.

(b) The Commissioner may make regulations governing the handling, sale and disposal of tuberculous animals as he deems necessary to protect the interests of the owner or shipper of the animals. He may license slaughterhouses to purchase condemned animals under regulations as he deems necessary to safeguard the public health. He may license dealers under suitable regulations who may handle on a commission basis animals condemned as tuberculous for delivery for immediate slaughter as required by the Commissioner. He may give owners of animals condemned as tuberculous permission under suitable regulations to sell the condemned animals to dealers or slaughterhouses licensed in accordance with the terms of this regulation. All regulations promulgated under sections 1331-1338 shall be approved by the Governor.

(c) A person shall not trade, sell, exchange, barter, give away or otherwise dispose of an animal that has reacted to the tuberculin test, except as provided in subsections (a) and (b) of this section. Failure on the part of the owner to produce such animal or evidence of legal disposal upon request of the livestock commissioner or his agent shall be deemed prima facie violation of the provisions of this section.

Section 1338 Payments; Reports; Branding Condemned Animals; Suspension and Revocation of Licenses

All payments for animals sold shall be made to the owner of the animal at the time it was condemned.

Veterinarians, licensees, slaughterhouses, agents and dealers shall make reports to the Commissioner as he may require. When the tuberculin test is completed, the Commissioner or his agent shall forthwith brand each condemned animal with a letter "T" on the left jaw and shall insert in the ear of each animal a numbered tag. A record of the number shall be kept by the Commissioner.

For any violation of the provisions of this section or subsection (a) or (b) of section 1337 of this title or of the regulations prescribed by the Commissioner by virtue of sections 1331-1338, by a licensee or by an agent of a licensee, the license granted may be immediately suspended and may be revoked for cause upon hearing.

Section 1401 Slaughter of Infection or Exposed Animals

All cattle and other domestic animals which are infected with or have been exposed to foot and mouth disease or vesicular exanthema of swine or other virulent contagious disease shall be destroyed when the Commissioner of Agriculture deems it necessary for the protection of health of cattle or of the domestic animals and in the public interest. Such animals shall be destroyed and their carcasses disposed of as the Commissioner shall direct.

Section 1402 Reimbursement as to Foot and Mouth Disease and Vesicular Exanthema

The owner of animals which are found by the Commissioner to be infected with or exposed to foot and mouth disease, vesicular exanthema' of swine or other virulent contagious disease shall, if the animals are slaughtered in accordance with the provisions of these regulations and as directed by the Commissioner, be reimbursed to the extent that federal and state funds are available, as provided in section 1403 of these regulations.

Section 1403 Appraisal

The value of all animals killed under the provisions of these regulations shall be first appraised by the owner thereof and the Commissioner of Agriculture or his agent. In the event of disagreement as to the amount of the appraisal, a third disinterested person shall be selected by them to act with them and appraise the animals and a determination of a majority as to the appraised value shall be final. Swine shall be appraised at their market value.

In making such appraisal, the fact that the animal have been condemned for disease shall not be considered, but in no case shall the appraisal for a single animal exceed the sum of $ 200.00 except oxen and registered cattle, in which case the limit of appraisal shall be $ 300.00, and a certificate of registration of the registrated animals shall be furnished the Commissioner or his agent at the time of appraisal.

Section 1404 Payment

Within sixty days after the slaughter of animals condemned under the provisions of these regulations, the state shall pay the owner the appraised value less any sum received as salvage, less the sum to be received by the owner from the United States Secretary of Agriculture.

Section 1473 Nonresident Veterinarians

Except for the purposes expressed at 6 V.S.A. §§ 1471 and 1472, a nonresident veterinarian shall not retest tuberculosis-free or certified Bang's disease-free herds in this state.

Section 1551 Definitions

The following terms as used in this act shall have the following meanings:

(1) Approved Laboratory - means a laboratory maintained by the commission;

(2) Approved Personnel - means individuals who are satisfactorily trained and approved by the commissioner of agriculture;

(3) Approved Test - means a test made in an approved laboratory;

(4) Approved veterinarians - any licensed, graduate veterinarian approved by the commissioner;

(5) Brucella antigen - means a diagnostic agent used in serological tests for the diagnosis of brucellosis;

(6) Brucellosis - means the disease caused by the organism brucella abortus and commonly known as contagious abortion;

(7) Commissioner - means the Vermont commissioner of agriculture;

(8) Extension Service - means the agricultural extension service of University of Vermont and State Agricultural College;

(9) Federal Agency - means the appropriate agency of the United States department of agriculture;

(10) Herd - means one or more animals maintained on a premise;

(11) Owner - means any individual, partnership, association or corporation who holds title to the cattle maintained under the provisions of this act;

(12) Private Test - means test at owner's expense;

(13) Properly vaccinated - means a vaccination of an animal by approved personnel under regulations prescribed by the commissioner;

(14) Reactor - means any animal which reveals a positive reaction to an approved test for brucellosis except animals under such age as designated by the commissioner which were properly vaccinated as a calf;

(15) Registered Cattle - means animals registered in any recognized cattle registry association;

(16) Vaccination - means any preparation made from or through the agency of brucella organisms.

Section 1552 Rules and Regulations

The department of agriculture is hereby directed to promulgate rules and regulations which carry out the policies and program established in this act. No major regulation shall be promulgated under this act without due notice and public hearing.

Section 1553 Plans and Policies for Educational Program

The extension service in cooperation with the department of agriculture shall, to the extent of the funds available therefore, formulate plans and policies for the establishment and operation of an educational program to acquaint the cattle owner with the objects and provisions of this act and the best methods of carrying out efficient compliance with the provisions for eradication.

Section 1554 Cooperation with the United States

The department of agriculture is hereby authorized to cooperate with and accept assistance from the federal agency in the eradication of brucellosis. During such time as the federal agency is cooperating with the state in providing funds for brucellosis eradication, anything in this act which conflicts with the requirements of the federal agency in regard to the eradication program in which the federal agency is cooperating, shall be deemed inoperative.

Section 1556 Testing

All herds shall be tested at such intervals and by such methods as the commissioner determines are required to eradicate brucellosis and prevent reinfection.

Section 1557 Vaccination

Calves in all herds shall be vaccinated against brucellosis by methods and materials approved by the commissioner.

Section 1558 Tags

An animal tested under the provisions of this act shall have an approved numbered tag placed in its right ear unless the animal is already so tagged or otherwise properly identified. An animal vaccinated with brucella abortus vaccine shall have an approved numbered tag placed in its right ear unless the animal is already tagged or otherwise properly identified, and shall be further identified, as the commissioner shall direct. All tagging and identification shall be done immediately upon completion of the test or vaccination by approved personnel under order of the commissioner. Tags shall be furnished by the state and shall be of such character and be numbered and marked as the commissioner directs.

Section 1559 Slaughter of Reactors

(a) The owner of any reactor disclosed on approved test shall cause the reactor to be slaughtered within ten days of tagging and branding under subsection (b) at slaughter establishments approved by the commisssioner to handle reactors.

(b) With the exception of official brucella vaccinated animals not over thirty months of age, any animal classified as a reactor as a result of an approved test for brucellosis shall forthwith be tagged with a reactor tag and permanently branded on the left jaw with the letter "B." This brand shall be not less than two inches by two inches.

(c) As long as funds are available for brucellosis eradication the commissioner may pay the owners of animals reacting to approved tests the same payments as those paid by the United States department of agriculture. The appraised value shall not exceed $ 175. on a grade animal or $ 250. on a registered animal.

In problem herds the commissioner may pay owners of suspect or reacting animals which are disposed of for immediate slaughter, such indemnities as in the opinion of the commissioner are in the best interest of the state of Vermont which in no case shall exceed $ 50. per head.

Section 1560 Veterinarians

The commissioner may approve such graduate and licensed veterinarians or persons under his supervision as he desires to draw blood samples and make vaccinations provided for in this act. In the event that, due to shortage of funds or for any other reasons beyond his control, the commissioner is unable to arrange for drawing of blood samples or making vaccinations, the owner of a herd shall arrange with a veterinarian to do the work at the owner's expense.

Section 1561 Laboratory Test; Fee

The commissioner may maintain a laboratory for the purpose of making approved tests for brucellosis. The laboratory shall, without charge, test such samples of blood as may be forwarded to it from authorized personnel so long as moneys are available for this purpose. The commissioner may establish a fee for testing of the samples, sufficient to cover the cost of the test. The commissioner shall report the result of all approved tests to the owners of the animals. The commissioner may make rules and regulations covering the collection and transportation of the samples and may, in his discretion, refuse to test samples collected or transported contrary to his rules or regulations. All fees collected under this section shall be covered into the state treasury.

Section 1562 Reports of Tests, Samples and Vaccinations

A person or laboratory making blood or other diagnostic tests for brucellosis, a person drawing blood samples for brucellosis, and a person who injects or otherwise administers any brucella vaccine or preparation made from or through the agencies of brucella organisms to any animal, shall make a report thereof in writing to the department of agriculture. The report shall be made within five days from the time samples were drawn or blood tests or vaccinations were made.

Section 1563 Ring Tests of Milk

The commissioner or his approved agents may enter any or all milk plants and creameries at any time and secure milk samples from patron's milk for the purpose of performing ring tests. He may also secure samples at any time for that purpose from farm bulk tanks and trucks used to transport such milk. All milk handlers and producers, their employees and agents information and reasonable assistance when requested.

Section 1564 Brucella Antigen

A person may not buy, sell, own, transport or have in his possession brucella antigen without a written permit issued by the commissioner or his authorized agent. Such permits may be revoked at any time by the commissioner or his authorized agent.

Section 1565 Penalties, Various Offenses

A person shall be imprisoned not more than sixty days or fined not more than $ 200., nor less then $ 50., who, without authority from the commissioner:

(1) Inserts or causes to be inserted, or removes or causes to be removed, from the ear of any animal, a tag used in connection with disease eradication programs; or

(2) By himself or his agent misrepresents the health status of an animal for the purpose of selling, trading or other disposition.

Section 1566 Offenses not Otherwise Specified

A person who violates a provision of this chapter or regulations promulgated hereunder for which a penalty is not otherwise provided shall be subject to the penalties of section 14 of this title.

Section 1569 This Act Shall take Effect from its Passage

Section 1601 Definitions

Domestic fowl shall include all domesticated birds of all ages which furnish food, either eggs or meat. Domestic fowls are classified as domestic animals for the purpose of and within the meaning of any law relating to the importation of domestic animals and the control of any unusual disease of domestic animals.

Section 1602 Plans and Policies for Disease Control and Breed Improvement

With the approval of the Governor, the Department of Agriculture shall formulate and make available to the domestic fowl owners of this state plans and policies for the control of pullorum disease and for the purpose of breed improvement and the maintenance of flocks under the provisions of the National Poultry Improvement Plan, or under modifications of that plan which the Vermont Poultry Improvement Board may deem advisable.

Section 1603 Regulations; Collection of Information

The Department of Agriculture shall have authority to promulgate reasonable regulations relating to the pullorum testing and breed improvement in flocks under control. It shall formulate conditions under which flocks will be accepted and continued under control and the conditions under which certificates of health will be granted and continued in force. It shall also collect, record and tabulate information relative to results of work under this chapter.

Section 1604 State Supervision of Flock

An owner of domestic fowl may make application to the Department of Agriculture for the placing of his entire flock under state supervision for the purpose of controlling pullorum disease, conducting breed improvement or certifying flocks under the provisions of the national poultry improvement plan. The department shall forthwith send application forms and a copy of the regulations promulgated under this chapter upon request. If the owner desires to place his flocks under state supervision he shall sign and forward the application and agreement to the Department of Agriculture.

Section 1605 Tests and Inspections

Blood testing for pullorum and inspection for breed improvement shall be done at the time suggested by the applicant or as soon thereafter as may be consistent with an economical and efficient administration of work in the region of the applicant.

Section 1606 Laboratory Tests

The Commissioner of Agriculture is hereby authorized to maintain a laboratory for the purpose of making blood tests for pullorum disease and for doing the post mortem work necessary to establish the health status of birds submitted to the test. When all fees provided in section 1608 of these regulations have been paid, the Commissioner shall report the result of the tests to the owners of the fowls tested. The Commissioner may make rules and regulations for the collection, handling and transportation of blood samples and, in his discretion, may refuse to test samples collected or transported contrary to his instructions, rules or regulations.

Section 1607 Other Laboratory Service

The Commissioner of Agriculture may give to the residents of this state other services as he deems advisable to the extent that funds available permit.

Section 1608 Fees

The fee for inspecting fowl for breed improvement shall be one cent per bird; the fee for services, both field and laboratory, in pullorum control and eradication shall be two cents per bird, but there shall be no fee for a retest in flocks which contain sufficient reactors that the Commissioner of Agriculture requires a retest after an interval of twenty-one days, and except as herein provided the Commissioner of Agriculture shall fix the fee for making all blood tests and for inspecting fowl for breed improvement. All fees collected under this section shall be covered into the State Treasury.

Section 1609 Reactors

If a post mortem examination of one or more reactors to a blood test under section 1606 of these regulations, indicates that reactors on the premises may be carriers of pullorum disease, all reactors shall be removed from the premises and disposed of in a manner satisfactory to the Commissioner of Agriculture or his agent.

Section 1610 Vaccines

An owner of domestic fowl shall not allow the use on his premises of any vaccine or preparation containing live organisms unless an examination by an approved laboratory indicates the existence of the disease for which that vaccine or preparation is to be used, and then only on written permission of the Commissioner and in accordance with the provisions of 6 V.S.A. § 1731.

Section 1611 Blood Samples

An owner of domestic fowls to be tested or inspected under this regulation shall submit to the agent of the Commissioner of Agriculture for examination and collection of blood samples for blood test all domestic fowl five months of age or over on his premises before selling hatching eggs or baby chicks under the provisions of the National Poultry Improvement Plan or modification of that plan as the Vermont Poultry Improvement Board may make. The owner shall furnish sufficient help and equipment to assist the agent in inspecting and collecting blood samples.

Section 1612 Sanitation

An owner of domestic fowl tested or inspected under section 1605 of these regulations shall maintain general sanitation of his premises satisfactory to the Commissioner or his agent. 6 V.S.A. § 1153

The following regulations pertaining to the control of contagious diseases were first enacted as statutes by the Legislature. By Public Act No. 78, Sec. 7, passed in 1963, these statutes were repealed and the regulatory provisions of the repealed sections and regulations issued thereunder were declared to be regulations of the Commissioner.

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