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MBAH Regulations

Organization of the Board of Animal Health

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Chapter 01

Public Records Request Procedure

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Chapter 02

Procedure for Oral Proceedings on Rule-Making

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Chapter 03

Procedure for Issuing Declaratory Opinion

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Chapter 04

Animal Care Fund

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Chapter 05

Anthrax

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Chapter 06

Chronic Wasting Disease

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Chapter 07

Disposition of Dead Animals

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Chapter 08

Livestock Dealers

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Chapter 09

Livestock Sales

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Chapter 10

Equine Infectious Anemia

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Chapter 11

Exotic Livestock

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Chapter 12

Entry Requirements

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Chapter 13

Poultry

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Chapter 14

Psittacosis Control

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Chapter 15

Reportable Diseases

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Chapter 16

Scrapie Eradication

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Chapter 17

Swine

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Chapter 18

Animal Rabies Control

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Chapter 19

Bovine Trichomoniasis Control

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Chapter 20

Approved Veterinarians

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Chapter 21

Quarantine and Stand-still Orders

Regulations – Chapter 06 – Chronic Wasting Disease

Background

100

Chronic Wasting Disease (CWD) is a progressive neurological, debilitating disease that belongs to a family of diseases known as Transmissible Spongiform Encephalopathies (TSEs), or prion diseases. CWD attacks the brains of infected animals, causing the animals to become emaciated, display abnormal behavior, lose bodily functions and subsequently die.

(Adopted November 20, 2002.)

Source: Miss. Code Ann . §69-15-3.

101

Definitions:

1. Chronic Wasting Disease (CWD). Chronic Wasting Disease is a transmissible spongiform encephalopathy that affects certain members of the cervidae family. To date it has been diagnosed in white-tailed deer, black-tailed deer, elk and mule deer.

2. Exotic Cervidae. Exotic cervidae include all members of the cervidae family that are not indigenous to Mississippi . Therefore all members of the cervidae family are considered exotic with the exception of white-tailed deer.

3. Chronic Wasting Disease Susceptible Species. White-tailed Deer, Elk, Red Deer , Mule Deer and Black-tailed Deer and crosses of those animals are considered CWD susceptible animals.

4. Approved Identification. Official individual identification under this paragraph shall consist of permanent identification such as a tattoo or electric identification device, a USDA official eartag, a chronic wasting disease registration tag or another form of official individual identification which the board approves in writing.

(Adopted November 20, 2002.)

Source: Miss. Code Ann . §69-15-3.

Registering CWD Susceptible Animal Herds

102.01

Current MBAH regulations require registration of all exotic livestock facilities. All owners of exotic livestock, including CWD susceptible species, must be permitted by the Mississippi Board of Animal Health (MBAH).

(Adopted November 20, 2002.)

102.02

Herds kept at separate locations. A person keeping CWD susceptible animals at more than one location shall obtain a separate registration certificate for each location.

(Adopted November 20, 2002.)

102.03

Separate herds kept at same location. A single herd registration covers all CWD susceptible animals kept at the same location, except that a person may register separate herds at the same location if all the following apply:

  1. There is medically significant separation of the herds, and adequate fencing and facilities to maintain that separation at all times.
  2. The person files a separate registration application
  3. NOTE: This category would apply to individuals wishing to have a breeding facility for shipping live animals and also have a hunting facility at the same location. In this instance, the breeding facility would also have to be enrolled in the CWD Monitoring Program, while the hunting enclosure would only test harvested animals.

(Adopted November 20, 2002.)

Source: Miss. Code Ann . §69-15-3.

Duties of Herd Owners

103

A person keeping CWD susceptible cervids must comply with this rule. The person must keep complete herd records, including records related to animals entering or leaving the herd. The person may not add a cervid to the herd unless the cervid is imported in compliance with this rule, or moved from another registered herd in compliance with this rule. MBAH may deny, suspend or revoke a registration certificate for cause, including violations of this rule.

(Adopted November 20, 2002.)

Source: Miss. Code Ann . §69-15-3.

Importing CWD Susceptible Animals Into Mississippi

104

Under current rules, no person may import a deer, elk or other cervid into Mississippi without a permit from MBAH. Additionally it is illegal to import white-tail deer into Mississippi . A veterinarian acting on behalf of the importer, may apply for an import permit. This rule clarifies that MBAH will not issue an import permit until a certificate of veterinary inspection has been completed by a federally accredited veterinarian. The certificate must identify the herd of origin and the herd of destination, and list the identity of each cervid to be imported, and must certify:

  1. This cervid/These cervids originate from a herd enrolled in a state-approved chronic wasting disease herd certification program and were born in the herd or kept in the herd for at least one year For 2002 and 2003 the herd must have been enrolled in the state sponsored herd for at least one year. For 2004 the herd must have been enrolled in a state sponsored plan for at least 2 years. For 2005 the herd must have been enrolled for at least 3 years. For 2006 the herd must have been enrolled for at least 4 years. For 2007 and after the herd must have been enrolled in a state plan for at least 5 years.
  2. This herd is not in a state where Chronic Wasting Disease has been diagnosed.

(Adopted November 20, 2002.)

Source: Miss. Code Ann . §69-15-3.

Moving Live CWD Susceptible Animals From Herds In Mississippi

105.01

CWD Susceptible Animals may only move within the state if they originate from a herd that has been granted a CWD Herd Monitored Status from the State Veterinarian’s Office, and are identified with an approved method of identification.

(Adopted November 20, 2002.)

105.02

These requirements do not apply to any of the following:

  1. A CWD susceptible animals moved directly to slaughter if it is tested for chronic wasting disease.
  2. White-tailed deer moved by or under the control of MWF&P.

(Adopted November 20, 2002.)

Source: Miss. Code Ann . §69-15-3.

Mandatory Testing In Mississippi

106

This rule requires chronic wasting disease testing of red deer , elk and elk hybrids. There is no test available for live CWD susceptible animals. Tests must be conducted on brain tissue collected from dead CWD susceptible animals. This rule requires herd owners to have all the following tested for chronic wasting disease:

  1. All CWD susceptible animals at least 16 months old that are shipped to slaughter.
  2. All CWD susceptible animals at least 16 months old whose carcasses (or any part of whose carcasses) leave the herd premises i.e. hunting enclosures. A yearly surveillance plan may be adopted, with written permission from the State Veterinarian, that will substitute for testing of each hunted animal.
  3. A herd owner enrolled in Mississippi ‘s herd monitoring program (see below) must also test CWD susceptible animals at least 16 months old that die on the herd premises, even if their carcasses do not leave the herd premises. No live CWD susceptible animals may be shipped from a herd unless that herd is enrolled in the monitoring program.
  4. NOTE: A herd owner may collect and ship antler velvet without testing the live CWD susceptible animals from which the velvet was collected. But if a CWD susceptible animals dies from handling related to velvet collection, the CWD susceptible animals must be tested for chronic wasting disease.

(Adopted November 20, 2002.)

Source: Miss. Code Ann . §69-15-3.

When Oral Proceedings Will Be Scheduled on Proposed Rules

107

This rule spells out standards for official chronic wasting disease testing in this state. Under this rule:

  1. Test samples must be collected by a MBAH-certified veterinarian, a MBAH employee, an employee of the Animal and Plant Health Inspection Service of the United States department of agriculture (APHIS), or another person approved by MBAH. The person must complete training approved by MBAH.
  2. Test samples must be collected according to standard veterinary procedure, and tested at a laboratory approved by MBAH or APHIS. All test results shall be reported to the State Veterinarian’s Office.
  3. Veterinarians and others must report to MBAH if test results are positive for chronic wasting disease. This reporting requirement applies to voluntary tests, as well as required tests. Persons receiving positive test results must report within one day, and confirm the report in writing within 10 days.

(Adopted November 20, 2002.)

Source: Miss. Code Ann . §69-15-3.

Quarantine and Condemnation

108

Under this regulation, if a CWD susceptible animals tests positive for chronic wasting disease, MBAH will quarantine the herd. MBAH will conduct an epidemiological evaluation to determine the appropriate disposition of CWD susceptible. MBAH may condemn CWD susceptible animals exposed to the disease, and may direct the disposition of their carcasses. The herd owner may apply for statutory indemnity payments.

(Adopted November 20, 2002.)

Source: Miss. Code Ann . §69-15-3.

CWD Monitoring Status Program

109.01

This rule establishes a herd monitoring program for chronic wasting disease and applies only to CWD susceptible animals. This program supplements the mandatory testing requirements described above. No live CWD susceptible animals may be shipped from a herd unless that herd is enrolled in the monitoring program (see above). A herd owner who wishes to enroll in the program must do all the following:

  1. Complete an application form.
  2. Provide a report of a herd census completed not more than 30 days before the application date. The census report must include all the following:
    1. The number, species and sex of CWD susceptible animals in the herd.
    2. The number of CWD susceptible animals at least one year old.
    3. The number of CWD susceptible animals less than one year old.
    4. The official individual identification (ear tag number or other approved identification) of each CWD susceptible animals that is at least one year old.

(Adopted November 20, 2002.)

109.02

The herd owner must do all the following to remain in the program:

  1. Identify each CWD susceptible animal in the herd, with official individual identification, before the CWD susceptible animal is one year old.
  2. Test every CWD susceptible animal that dies or is shipped to slaughter, if that CWD susceptible animals is at least 16 months old. This testing requirement applies, regardless of whether the carcass leaves the herd premises.
  3. Notify the herd veterinarian within 24 hours after the herd owner observes any signs or symptoms of chronic wasting disease.
  4. Continued Enrollment: File a report of an annual herd census. The herd owner must complete the annual census within 30 days before or after the enrollment anniversary date, and must file the report within 10 days after completing the census. The census report must include all the following:
    1. The number, species and sex of CWD susceptible animals in the herd.
    2. The number of CWD susceptible animals at least one year old, and the number less than one year old.
    3. The official individual identification of each CWD susceptible animals that is at least one year old.
    4. The number, species and sex of CWD susceptible animals added to the herd since the last reported herd census. The report must indicate whether these new CWD susceptible animals were born into the herd or added from another source. If CWD susceptible animals were added from another source, the report must identify the source from which they were obtained.
    5. The number of CWD susceptible animals that left the herd since the last reported herd census. The report must explain how each CWD susceptible animals left the herd, including all the following:
      1. Whether the CWD susceptible animals died on the premises, was shipped to slaughter, or was shipped live other than to slaughter.
      2. If the CWD susceptible animals was shipped live other than to slaughter, the name of the person to whom it was shipped and the place to which it was shipped.
      3. If the CWD susceptible animals died on the premises, the animal’s age and the disposition of its carcass. If the carcass left the premises, the report must identify the carcass destination or recipient. If the animal was at least 16 months old, the report must include a chronic wasting disease test report.
      4. If the CWD susceptible animal was shipped to slaughter, the animal’s age and the name and address of the slaughter establishment. If the CWD susceptible animal was at least 16 months old, the report must include a chronic wasting disease test report.
    6. Maintain all the following records for at least 5 years, and make those records available to MBAH for inspection and copying upon request:
      1. A record of each CWD susceptible animal added to the herd from another source, including:
        1. The species, age and sex of the animal.
        2. The name and address of the person from whom the animal was obtained.
        3. The address of the herd from which the animal was obtained.
      2. A record of each CWD susceptible animal leaving the herd, including all the following:
        1. Whether the animal died on the premises, was shipped to slaughter, or was shipped live other than to slaughter.
        2. If the animal was shipped live other than to slaughter, the name of the person to whom it was shipped and the place to which it was shipped.
          1. If the animal died on the premises, the apparent cause of death, the animal’s age, and the disposition of the animal’s carcass. If the carcass left the premises, the record must identify the carcass destination or recipient.
          2. If the animal was shipped to slaughter, the animal’s age and the name and address of the slaughter establishment.

(Adopted November 20, 2002.)

Source: Miss. Code Ann . §69-15-3.

Suspending Enrollment

110.01

The board may, without prior notice or hearing, suspend a herd’s enrollment in the herd monitoring program under this section if any of the following apply:

  1. A person falsifies any information in an enrollment application, or any subsequent information required for continued enrollment.
  2. A person fails to comply with requirements for continued enrollment.

(Adopted November 20, 2002.)

110.02

NOTE: If a herd is suspended from enrollment in the herd monitoring program, no live CWD susceptible animals may be moved from that herd to another herd.

(Adopted November 20, 2002.)

Source: Miss. Code Ann . §69-15-3.

Penalty

111

Any person, persons, firm or corporation violating any of the above regulations shall be guilty of the violation of the laws, rules and regulations of the Mississippi Board of Animal Health. Sections 69-15-51 through 69-15-69 established an administrative hearing procedure under the Board of Animal Health to enforce the rules and regulations of the Board of Animal Health and the statutes and laws of the State of Mississippi pertaining to the control and eradication of animal disease.

(Adopted November 20, 2002.)

Source: Miss. Code Ann . §69-15-3.