Section .0100 ‑ Animal Disease: Quarantine

Link to law: http://reports.oah.state.nc.us/ncac/title 02 - agriculture and consumer services/chapter 52 - veterinary/subchapter b/subchapter b rules.html
Published: 2015

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SUBCHAPTER 52B ‑ ANIMAL DISEASE

 

SECTION .0100 ‑ ANIMAL DISEASE: QUARANTINE

 

 

02 NCAC 52B .0101          QUARANTINE NOTICES

(a)  The original of the quarantine notice shall be

personally given to the owner or person in charge of the animals or poultry

being quarantined, one copy of quarantine notice shall be mailed to the office

of the State Veterinarian and one copy retained by the regulatory official

issuing the quarantine.

(b)  No poultry or other animals under quarantine shall be

moved from the premise for any purpose except on a written permit from the

State Veterinarian or his authorized representative.

(c)  The quarantine shall not be lifted or cancelled until

there is no longer a threat of exposure to poultry or other animals as

determined by the State Veterinarian or his authorized representative.  The

necessity for cleaning and disinfection of premises prior to release of

quarantine shall be determined by the State Veterinarian or his authorized

representative.

(d)  Written permits to move poultry or other animals which

are affected with or exposed to a contagious and/or infectious disease or which

originate in a quarantined area, into North Carolina may be issued by the State

Veterinarian or his authorized representative under the following conditions:

(1)           The animals or poultry are to be used for

research purposes under conditions which will prevent exposure to other

livestock and poultry;

(2)           Animals affected with or exposed to

brucellosis, tuberculosis, and/or other diseases designated by the State Veterinarian

which are consigned to a state or federal inspected slaughter house for

immediate slaughter; such livestock shall be identified in a manner acceptable

to the State Veterinarian or his authorized representative;

(3)           For the movement of swine in accordance

with the North Carolina Pseudorabies Program.

 

History Note:        Authority G.S. 106‑307.3 through

106‑307.5;

Eff. April 1, 1984;

Amended Eff. December 1, 1989.

 

 

02 NCAC 52B .0102          QUARANTINE

PLACARD

The person issuing the quarantine shall give public notice

of such quarantine by posting or placarding the entrance to any part of the

premises on which the animals are held with a suitable quarantine sign, said

animal or animals to be maintained by the owner or person in charge, as

provided by law at the owner's expense.  The quarantine sign shall be furnished

by the department and shall read as follows:

 

QUARANTINE NOTICE

 

It has been determined that the______________on these

premises are affected with or exposed to____________.  Therefore, said

___________are quarantined in accordance with the law and regulations of the

North Carolina Department of Agriculture.

 

(Signature)

 

State Veterinarian

 

 

Persons who willfully or maliciously destroy this public

notice are liable to prosecution to the full extent of the law.  A copy of the

livestock sanitary laws and regulations may be obtained upon request to State

Veterinarian, Raleigh, North Carolina.

 

History Note:        Authority G.S. 106‑307.3 through

106‑307.6; 106‑400; 106‑401;

Eff. April 1, 1984.

 

 

 

 

SECTION .0200 ‑ ADMISSION OF LIVESTOCK TO NORTH CAROLINA

 

02 NCAC 52B .0201          HEALTH REGULATIONS IN GENERAL

(a)  No animal, including poultry or birds of any species,

that is affected with, or exposed to, within the contagious period of, any

infectious, contagious, or communicable disease, or which originates from a

quarantine area affecting such animal, shall be transported or in any manner

moved into the state until written permission for such importation has been

obtained from:

State Veterinarian of

North Carolina

North Carolina

Department of Agriculture and Consumer Services

Raleigh, North

Carolina  27611

Those diseased or exposed animals which are approved by the

Animal and Plant Health Inspection Service, Veterinary Services, United States

Department of Agriculture for interstate shipment for immediate slaughter are

exempt from this provision; however, any vehicle used to transport such

diseased or exposed animals must be cleaned and disinfected immediately after

use and prior to transporting other animals.

(b)  All livestock (including the American buffalo or bison

which for the purpose of this Section shall be considered as beef cattle)

transported or otherwise moved into the state shall be accompanied by a health

certificate, and permit when required, which shall be attached to the waybill

or shall be in the possession of the driver of the vehicle or person in charge

of the livestock.

(c)  A copy of the health certificate approved by the chief

livestock sanitary official of the state of origin shall be forwarded within 30

days of issuance to:

State Veterinarian

472 Agriculture

Building

Post Office Box 26026

Raleigh, North

Carolina  27611

(d)  Livestock entering North Carolina without a proper

health certificate, and permit when required, shall be quarantined and held at

the owner's risk and expense until released by the State Veterinarian.

 

History Note:        Authority G.S. 106‑307.4; 106‑307.5;

106‑317; 106-348; 106‑540;

Eff. April 1, 1984;

Amended Eff. July 18, 2002; April 1, 1997.

 

02 NCAC 52B .0202          OFFICIAL HEALTH CERTIFICATES: PERMITS

(a)  An official health certificate is a legible record made

on an official form from the state of origin, or from the Animal and Plant

Health Inspection Service, Veterinary Services, United States Department of

Agriculture.  All health certificates must be issued and signed by

veterinarians accredited in the state of origin, veterinarians employed by the

Animal and Plant Health Inspection Service, Veterinary Services, United States

Department of Agriculture, or graduate veterinarian employed by the state of

origin.

(b)  The health certificate shall contain the names and

addresses of the consignor and consignee, the origin of the animals, their

final destination and an accurate description or identification of the animals

(age, sex, breed and tag, tattoo or brand number).  It shall also indicate the

health status of the animals listed including dates and results of required

tests and dates of pertinent vaccinations.  Health certificates shall be void after

30 days except those for cattle and hogs entering the state for exhibition

purposes; these shall be valid for 60 days from the date of issuance and the

requirements for negative brucellosis or tuberculosis tests within 30 days of

entry into the state shall be interpreted to mean within 60 days.  Requests for

permits to be issued in accordance with these Regulations should be directed

to:

State Veterinarian of

North Carolina

472 Agriculture

Building

Post Office Box 26026

Raleigh, North

Carolina  27611

All animals entering the state under permit shall be

consigned to a resident of the state or to a legal entity authorized by law to

do business within the state.  All permits shall expire 15 days after the date

of issuance.

 

History Note:        Authority G.S. 106‑307.5; 106‑317;

106‑540;

Eff. April 1, 1984.

 

 

 

02 NCAC 52B .0203          DUTIES OF OWNERS: CUSTODIANS: AND

CARRIERS

(a)  All livestock not required to be accompanied by health

certificates, test certificates or permits by the provisions of these

Regulations shall be accompanied by a waybill, or owner‑shipper certificate

stating the following:

(1)           the point from which the animals are moved

interstate;

(2)           the specific unloading destination

(including street address and number if any) of the animals;

(3)           the number of animals covered by the

document;

(4)           the name and address of the owner or

shipper; and

(5)           the identification of the animals.

(b)  Owners, custodians and carriers shall not unload

livestock or other animals including poultry except at locations indicated on

health certificates, waybills, invoices, or owner‑shipped certificates. 

Any deviation of unloading site shall be accompanied by a written permit issued

by the State Veterinarian or his agent.

 

History Note:        Authority G.S. 106‑307.5; 106‑317;

106‑540;

Eff. April 1, 1984.

 

 

 

02 NCAC 52B .0204          IMPORTATION REQUIREMENTS: BRUCELLOSIS

(a)  All cattle imported into North Carolina are subject to

the following requirements:

(1)           all cattle shall be identified by ear tag,

or tattoo;

(2)           cattle originating from any certified brucellosis-free

State, as defined in 9 Code of Federal Regulations (CFR) 78.1, may enter North

Carolina provided the following is recorded on the official health certificate:

(A)          individual identification of each animal; and

(B)          brucellosis status of the State of origin;

(3)           no cattle shall be accepted (other than

those consigned to immediate slaughter) which have been adult vaccinated, in

accordance with the current edition of the Uniform Methods and Rules for

Brucellosis Eradication of the United States Department of Agriculture-Animal

and Plant Health Inspection Service, against brucellosis or originate from

infected, exposed or quarantined herds.

(b)  In addition to the requirements of Paragraph (a) of

this Rule, cattle imported from brucellosis class A states, as defined in 9 CFR

78.1, shall comply with the following:

(1)           all females and bulls eight months of age

and older must test negative for brucellosis within 30 days prior to entry into

North Carolina, except:

(A)          dairy heifers under 20 months of age that are vaccinated

against brucellosis;

(B)          heifers of the beef breeds less than 24 months of

age that are vaccinated against brucellosis; or

(C)          cattle originating from any certified, brucellosis‑free

herd, as defined in 9 CFR 78.1, provided the following is recorded on the

official health certificate:

(i)            individual identification of each animal;

(ii)           herd certification number;

(iii)          date of last herd test; and

(2)           cattle from class A states which originate

from the farm of origin and move directly to a state or federally licensed

stockyard or to a farm in North Carolina in compliance with this Rule are not

required to be tested between 45 and 120 days after entry.  However, retests

may be performed by a representative of the State Veterinarian at no expense to

the owner.  Eligible cattle which have been commingled in a stockyard prior to

importation must, in addition to the requirements of this Rule, test negative

for brucellosis between 45 and 120 days after arrival in this state.

(c)  In addition to the requirements of Paragraph (a) of

this Rule, cattle imported from class B states, as defined in 9 CFR 78.1, shall

comply with the following:

(1)           a permit must be issued to the person

importing the cattle by the State Veterinarian of North Carolina prior to

entry;

(2)           all females and bulls eight months of age

or older must test negative within 30 days prior to entry into North Carolina except:

(A)          dairy heifers under 20 months of age that are

vaccinated against brucellosis;

(B)          heifers of the beef breeds less than 24 months of

age that are vaccinated against brucellosis;

(C)          cattle originating from any certified brucellosis‑free

herd, as defined in 9 CFR 78.1, provided that the following is recorded on the

official health certificate:

(i)            individual identification of each animal;

(ii)           herd certification number; and

(iii)          date of last herd test;

(3)           all cattle shall be quarantined upon

arrival and must test negative between 45 and 120 days after arrival in order

to be released from quarantine.

 

History Note:        Authority G.S. 106‑307.5;

Eff. April 1, 1984;

Amended Eff. August 1, 2004; May 1, 1992; June 1, 1988; December 1, 1987.

 

02 NCAC 52B .0205          IMPORTATION REQUIREMENTS: CATTLE FEVER

TICK AND SCABIES

(a)  No cattle infested with ticks (Boophilus annulatus, B.

microplus, or Rhipicephalus evertsi evertsi) or exposed to such infestation

shall be shipped, trailed, driven, or otherwise imported into the state for any

purpose.

(b)  No cattle affected with scabies shall be shipped,

trailed, driven or otherwise imported into the state for any purpose.  No

cattle recently exposed to scabies or from an area quarantined on account of

scabies shall be imported into the state except in accordance with the

regulations of the Animal and Plant Health Inspection Service, Veterinary

Services, United States Department of Agriculture.

 

History Note:        Authority G.S. 106‑307.5; 106‑361;

106‑400;

Eff. April 1, 1984.

 

 

 

02 NCAC 52B .0206          IMPORTATION REQUIREMENTS: EQUINE

(a)  Horses, ponies, mules, asses, zebras, and all other

equine species may be imported into the state when accompanied by an official

health certificate giving an accurate description of them and certifying that

as determined by a physical examination they are free from any evidence of an

infectious or transmissible disease and have not been exposed to any infectious

or transmissible disease, and attesting that any animal over six months of age

has passed a negative official test, as defined in 2 NCAC 52B .0401, for equine

infectious anemia within 12 months prior to entry, provided that stallions

imported into North Carolina from any country where contagious equine metritis

(CEM) is recognized by the U.S. Department of Agriculture to exist must also

comply with requirements of Paragraph (c) of this Rule. The EIA test form shall

list one horse only.  Equine without a current EIA test may be imported into

the state for direct shipment to a livestock market or equine sale that is

approved to provide EIA testing, pursuant to 2 NCAC 52B .0410.

(b)  No health certificate will be required for horses,

ponies, mules and asses which are consigned to a race track or entering the

state temporarily for the purpose of exhibition, provided such animals are

accompanied by certificates verifying a negative test for equine infectious

anemia within 12 months prior to entry.

(c)  Any stallion imported into North Carolina from any

country where CEM is recognized by the U.S. Department of Agriculture to exist

shall be accompanied by a written permit from the State Veterinarian, and shall

be placed under quarantine by a representative of the State Veterinarian upon

arrival.  Prior to being used for breeding, he shall be treated by or under the

direct supervision of an accredited veterinarian licensed to practice in North

Carolina, according to the procedure prescribed in the Federal Register/Vol.

45, No. 3/Friday, January 4, 1980/Rules and Regulations/Pages 1003 through 1006

(9 C.F.R., Part 92).

(d)  For the purpose of Paragraph (c) of this Rule the

following shall apply:

(1)           Stallion.  A male horse other than gelding;

(2)           Breeding.  Natural or artificial

insemination of a mare;

(3)           CF test.  A complement‑fixation test

on equine serum for the detection of specific antibodies of the CEM bacterium.

 

History Note:        Authority G.S. 106‑307.5; 106‑405.17;

S.L. 1999-237, s. 13.6;

Eff. April 1, 1984;

Amended Eff. December 1, 1987;

Temporary Amendment Eff. October 1, 1999;

Amended Eff. April 1, 2001.

 

02 NCAC 52B .0207          IMPORTATION REQUIREMENTS: SWINE

(a)  All swine imported into the state, except by special

permit or for immediate slaughter, shall be accompanied by a health certificate

issued by a state, federal, or accredited veterinarian stating that they are

free from any signs of an infectious or communicable disease and are not known

to have been exposed to same.  The health certificate shall contain the ear tag

or tattoo number of each animal.  The health certificate must show the

pseudorabies status of both the herd and state or area of origin.  Swine

imported for feeding or breeding purposes shall be moved in clean and

disinfected trucks or other conveyances.  "Accredited veterinarian"

means a veterinarian accredited pursuant to Title 9, Part 161 of the Code of

Federal Regulations.

(b)  Breeding swine and all other swine being shipped to a

breeding swine premise shall originate from a "Validated Brucellosis‑Free"

herd or a "Validated Brucellosis‑Free" State and shall

originate from a "Qualified Pseudorabies‑Negative" herd,

Qualified-Negative Gene-Altered Vaccinated Herd (QNV) or Pseudorabies Stage IV

or V (Free) State.  Breeding swine and all other swine being shipped to a

breeding swine premise originating from Stage II, II/III or III areas or states

must also be isolated and test negative to a statistical 95/5 sample test using

a pseudorabies serological test approved pursuant to Title 9, Part 85.1 of the

Code of Federal Regulations between 30 and 60 days after arrival and before

being added to the herd.

(c)  All feeder swine imported into the state from a

Pseudorabies Stage II, II/III, or III state or area shall be accompanied by a

permit for entry issued by the State Veterinarian within 30 days prior to

entry.  The permit number and the date of issuance shall be shown on the health

certificate.  The feeder swine in the shipment must have been vaccinated for

pseudorabies using a USDA-licensed pseudorabies vaccine with gI deletion and

must have tested negative on a statistical (95/2) test within 30 days prior to

shipment, and they shall be isolated and quarantined until slaughtered.  In

addition, the swine must be tested on statistical (95/2) test between 30 and 45

days after arrival.  The swine must originate from a Qualified Negative herd or

a pseudorabies monitored herd that has tested negative on a statistical (95/10)

test within 30 days prior to shipment.  Feeder swine from a pseudorabies-free

state or area may be imported in accordance with Paragraph (a) of this Rule.

(d)  Healthy swine for feeding purposes may move directly

from a farm of origin in a contiguous state on which they have been located for

not less than 30 days to a livestock market or stockyard in North Carolina that

has been state‑federal approved for handling feeder swine, without the

health certificate required herein, provided such swine are accompanied by

proof of the pseudorabies status of the herd of origin.  Such swine shall be

inspected by a state or federal inspector or approved accredited veterinarian

prior to sale at the market.

(e)  Healthy swine may be shipped into the state for

immediate slaughter without a health certificate provided they go directly to a

slaughtering establishment under State or Federal inspection, or to a state‑federal

approved livestock market or stockyard for sale to a slaughtering establishment

under State or Federal inspection for immediate slaughter only.

(f)  Swine from a pseudorabies-quarantined herd or swine

which have been in contact with pseudorabies-quarantined swine may be imported

into the state for immediate slaughter only under the following conditions:

(1)           the swine must be accompanied by a shipping

permit (Veterinary Services Form 1-27) issued by a veterinarian accredited

pursuant to 9 CFR 161, or a state or federal animal health employee, consigning

the swine only to a slaughtering establishment under state or federal

inspection;

(2)           the vehicle transporting the swine must be

sealed after loading with an official USDA or state of origin seal.  The seal

number must be recorded on the VS Form 1-27.  The seal can be broken or removed

only by an NCDA&CS or a USDA employee or other individual authorized by the

State Veterinarian; and

(3)           the vehicle used to transport the swine

must be cleaned and disinfected immediately after unloading the swine and prior

to using the vehicle to transport other livestock.

(g)  Sporting swine:

(1)           For purposes of this Rule:

(A)          "Sporting swine" means any domestic or

feral swine intended for hunting purposes and includes the progeny of these

swine whether or not the progeny are intended for hunting purposes; and

(B)          "Feral swine" means any swine that have

lived any part of its life free roaming.

(2)           No person shall import sporting swine into

North Carolina unless:

(A)          The swine have not been fed garbage within their

lifetime; and the herd of origin is validated brucellosis free and qualified

pseudorabies negative; and

(B)          The swine have not been members of a herd of swine

known to be infected with brucellosis or pseudorabies within the previous 12

months; and

(C)          The individual animals six months of age or over

have a negative brucellosis and pseudorabies test within 30 days of movement;

and

(D)          The swine have not been a part of a feral swine

population or been exposed to swine captured from a feral swine population

within the previous 12 months; and

(E)           The swine are accompanied by a health certificate

or certificate of veterinary inspection identifying each animal by ear tag,

breed, age, sex, the state of origin, and certifying that the swine meet the

import requirements of North Carolina.

Note:  Violation of this Rule is a Class 2 misdemeanor under

G.S. 106-307.6.

 

History Note:        Authority G.S. 106‑307.5; 106‑316.1;

106‑317; 106‑318;

Eff. April 1, 1984;

Amended Eff. February 1, 1996; May 1, 1992; June 1, 1989;

January 1, 1989;

Temporary Amendment Eff. April 3, 2000; February 21,

2000; April 30, 1999;

Amended Eff. April 1, 2001; July 1, 2000.

 

02 NCAC 52B .0208          IMPORTATION REQUIREMENTS: GOATS

 

History Note:        Authority G.S. 106‑307.5; 106‑396;

Eff. April 1, 1984;

Amended Eff. January 1, 2005; April 1, 2001;

Repealed Eff. April 1, 2008.

 

02 NCAC 52B .0209          IMPORTATION REQUIREMENTS: SHEEP AND

GOATS

(a)  All sheep and goats imported into North Carolina,

regardless of age, must be officially identified prior to leaving the farm of

origin (see "official scrapie identification" in Subparagraph (c)(2)

of this Rule), except:

(1)           Sheep and goats less than 12 months of age

moving directly to slaughter;

(2)           Sheep and goat wethers.

(b)  Sheep and goats consigned for the purpose of immediate

slaughter to a livestock market licensed under G.S. 106, Article 35, or to a

slaughtering establishment with state or federal inspection may be imported

without a health certificate. A waybill or certificate marked for immediate

slaughter must accompany such shipments.  No sheep or goats consigned for

immediate slaughter may be removed from slaughter channels.

(c)  Sheep and goats not consigned for the purpose of

immediate slaughter must be accompanied by an official health certificate from

the state of origin signed by a veterinarian accredited in that state as

follows:

(1)           The health certificate covering the

importation of sheep and goats shall include a report of inspection indicating

the sheep and goats are not under quarantine and are free from signs of any

infectious or communicable disease.

(2)           The health certificate shall contain a

statement that the flock of origin has not had scrapie diagnosed within the

past 42 months.  The health certificate shall include United States Department

of Agriculture-approved scrapie identification, age, sex, breed and markings

for each animal.  Official scrapie identification shall consist of one of the

following:

(A)          Official ear tags which are approved by the United

States Department of Agriculture, Animal and Plant Health Inspection Service

for use in the Scrapie Eradication Program or the Scrapie Flock Certification

Program;

(B)          Electronic implants which are approved for use in

animals participating in a scrapie flock certification program and accompanied by a certificate of veterinary inspection or owner

statement that includes the implant numbers and name of the chip manufacturer;

or which are used in animals registered with a national registry association

and the implant number is recorded by the registry on the registration

certificate accompanying the animal.  The animal shall be accompanied by an

implant reader which can read the implant in the animal;

(C)          Legible official registry tattoos that have been

recorded in the record of a sheep or goat registry association when the animal

is accompanied by either a registration certificate or certificate of

veterinary inspection upon which the tattoo number is recorded.

(3)           Sheep and goats not consigned for the

purpose of immediate slaughter that originate from United States Department of

Agriculture-certified and accredited free states are exempt from brucellosis

and tuberculosis testing requirements.  Sheep and goats that do not originate

from a United States Department of Agriculture-certified and accredited free

state shall have a negative brucellosis test within 30 days prior to import and

shall have a negative tuberculosis test within 60 days prior to import unless

they originate from a United States Department of Agriculture-certified and

accredited free herd.

(4)           Dairy goats and sheep over six months of

age and sexually intact imported from out-of-state shall have a negative

brucellosis test within 30 days prior to import and shall have a negative

tuberculosis test within 60 days prior to import unless they originate from a

United States Department of Agriculture-certified and accredited free herd.

(5)           The brucellosis and tuberculosis testing

requirements of this Rule does not apply to sheep and goats entering the state

for only exhibition purposes, coming from states or herds that are United

States Department of Agriculture-certified and accredited free, when

accompanied by an official health certificate which includes a United States

Department of Agriculture-approved scrapie identification.  Such animals shall

remain in the state for exhibition purposes for no more than 30 days from the

date of issuance of the health certificate.

 

History Note:        Authority G.S. 106-307.5; 106-348;

106-396;

Eff. April 1, 1984;

Amended Eff. April 1, 2008; January 1, 2005; April 1,

2001; May 1, 1992; December 1, 1989.

 

02 NCAC 52B .0210          IMPORTATION REQUIREMENTS: AVIAN

SPECIES

 

History Note:        Authority G.S. 106‑539; 106‑540;

106‑543;

Eff. April 1, 1984;

Temporary Amendment Eff. August 13, 1993 for a period of

180 days or until the permanent rule becomes effective, whichever is sooner;

Amended Eff. January 1, 1994;

Repealed Eff. July 1, 2010.

 

02 NCAC 52B .0211          IMPORTATION REQUIREMENTS: DOGS

 

History Note:        Authority G.S. 106‑374;

Eff. April 1, 1984;

Repealed Eff. October 1, 1987.

 

 

 

02 NCAC 52B .0212          IMPORTATION REQUIREMENTS: WILD ANIMALS

(a)  A person shall obtain a permit from the State

Veterinarian before importing any of the following animals into this State:

(1)           Skunk;

(2)           Fox;

(3)           Raccoon;

(4)           Ringtail;

(5)           Bobcat (includes Lynx and other North and

South American felines as cougars, jaguars, etc.);

(6)           Coyote;

(7)           Marten;

(8)           Brushtail Possum (Trichosurus vulpecula).

(b)  Permits for the importation into this State of any of

the animals listed in Paragraph (a) of this Rule shall be issued only if the

animal(s) will be used in a research institute, or for exhibition by a USDA

licensed exhibitor, or organized entertainment as in zoos or circuses.

(c)  Camelids, bison, and other bovidae other than domestic

cattle may be imported into the State if accompanied by an official health

certificate issued by a licensed, accredited veterinarian, as defined in 02

NCAC 52B .0401, which states that:

(1)           all animals six months of age or older have

tested negative for brucellosis within 30 days prior to importation; and

(2)           all animals six months of age or older have

tested negative for tuberculosis within 60 days prior to importation; and

(3)           the herd of origin has had no brucellosis

or tuberculosis diagnosed within the past 12 months.

The requirements of this Paragraph shall not apply to

llamas, vicunas, alpacas, and guanacos from other states that are tuberculosis

Accredited-Free and brucellosis Certified-Free, when accompanied by an official

health certificate.

(d)  Any species or hybrid of a mammal not otherwise covered

in the Administrative Code that is found to exist in the wild or naturally

occurs in the wild must be accompanied by a valid certificate of veterinary

inspection.

 

History Note:        Authority G.S. 106‑317; 106‑400;

Eff. April 1, 1984;

Amended Eff. July 1, 1998; February 1, 1996; May 1, 1992;

Temporary Amendment Eff. February 18, 2002;

Temporary Amendment Expired August 1, 2002 (See Rule

.0213);

Amended Eff. August 1, 2002.

 

02 NCAC 52B .0213          IMPORTATION REQUIREMENTS: CERVIDAE

(a)  No cervidae may be imported into North Carolina from a

herd located in a county in which Chronic Wasting Disease (CWD) has been

diagnosed or from a county which is contiguous to a county in which CWD has

been diagnosed.

(b)  All cervidae entering North Carolina must be

accompanied by all of the following:

(1)           an official health certificate issued

within 30 days prior to arrival;

(2)           individual identification, such as a

bangle-type ear tag, with lettering two inches or greater that can be viewed

from a distance and noted on the health certificate;

(3)           an importation permit issued by the North

Carolina State Veterinarian.  The request for an importation permit must be

made by a licensed, accredited veterinarian, as defined in 02 NCAC 52B .0401,

and must be accompanied by a copy of the official health certificate and a copy

of the captivity permit issued by the North Carolina Wildlife Resources

Commission;

(4)           the following statement must also appear on

the health certificate:  "All cervidae on this certificate originate from

a Chronic Wasting Disease (CWD) monitored or certified herd in which these

animals have been kept for at least one year or were natural additions.  There

has been no diagnosis, signs, or epidemiological evidence of CWD in this herd

or any herd contributing to this herd for the previous five years.";

(5)           proof of a negative test for brucellosis

for all animals six months of age or older within 30 days prior to arrival. 

The herd of origin must have had no diagnosis of brucellosis in the 12 months

preceding shipment; and

(6)           proof of a negative single cervical test

for tuberculosis for animals six months of age or older conducted within 60

days prior to arrival if the animal originates from a tuberculosis accredited

or qualified herd.  If the animal is six months of age or older and originates

from a herd of unknown status, two negative single cervical tests for

tuberculosis will be required with the second being greater than 90 days from

the initial test and within 60 days prior to arrival.  If the animal is less

than six months of age and from a herd of unknown status, one negative single

cervical test will be required.  The herd of origin and commingled susceptible

species must have had no diagnosis of tuberculosis in the 36 months preceding

shipment.

 

History Note:        Authority G.S. 106-307.5; 106-317;

106-400;

Eff. August 1, 2002.

 

_

 

SECTION .0300 ‑ BRUCELLOSIS REGULATIONS

 

 

02 NCAC 52B .0301          QUALIFICATIONS OF PERSONS CONDUCTING

BRUCELLOSIS TEST

Brucellosis

testing of cattle, swine, goats or other livestock shall be conducted only by

an accredited veterinarian or an employee of the veterinary division of the

North Carolina Department of Agriculture or Animal and Plant Health Inspection

Services, Veterinary Services, United States Department of Agriculture.  The

sale of brucellosis test antigen to any individual, firm or corporation not in

possession of a written permit from the State Veterinarian, or the possession

of said antigen by any person not in possession of such a permit, is

prohibited.

 

History Note:        Authority G.S. 106‑390; 106‑396;

Eff. April 1, 1984.

 

 

 

02 NCAC 52B .0302          BRUCELLOSIS REQUIREMENTS FOR SALE OF

CATTLE AND SWINE

(a)  All cattle offered for public sale must test negative

for brucellosis within 30 days preceding the date of sale except those cattle

listed as follows:

(1)           cattle sold for immediate slaughter;

(2)           native heifers and bulls less than 18

months of age;

(3)           steers and spayed heifers;

(4)           officially brucellosis vaccinated heifers

of the dairy breeds under 20 months of age (provided that all officially

brucellosis vaccinated heifers of any breed that are parturient or post

parturient must be tested and negative for brucellosis);

(5)           officially brucellosis vaccinated heifers

of the beef breeds under 24 months of age (provided that all officially

brucellosis vaccinated heifers of any breed that are parturient or post

parturient must be tested and negative for brucellosis);

(6)           cattle originating directly from a

certified brucellosis-free herd or state; or

(7)           heifers under 12 months of age purchased

for feeding purposes; provided, however, that if the State Veterinarian

determines that the heifers originated from a herd of unknown brucellosis

status, buyers of feeder heifers under 12 months of age may be required, before

they remove such cattle from place of purchase, to sign a statement of intent

to feed those cattle not tested for brucellosis in isolation from breeding

animals.  Willful failure of a buyer of such cattle to sign a statement of

intent when requested by the State Veterinarian or his authorized

representative or willful failure to comply with such a signed statement of

intent is a violation of this Section.

(b)  All swine sold or offered for sale for breeding

purposes must originate directly from a validated brucellosis-free herd unless

they originate from a state classified as swine-brucellosis free.

(c)  Sporting swine:

(1)           For the purpose of this Rule:

(A)          "Sporting swine" means any domestic or

feral swine intended for hunting purposes and includes the progeny of these

swine whether or not the progeny are intended for hunting purposes;

(B)          "Feral swine" means any swine that have

lived any part of its life free roaming.

(2)           All sporting swine sold or offered for sale

must originate directly from a validated brucellosis-free herd.

 

History Note:        Authority G.S. 106‑389; 106‑396;

Eff. April 1, 1984;

Amended Eff. July 1, 2000; February 1, 1996; December 1,

1987.

 

02 NCAC 52B .0303          CALFHOOD VACCINATION

Official Brucellosis calfhood vaccination of heifers between

the ages of four and eight months by accredited veterinarians, employees of the

veterinary division of the North Carolina Department of Agriculture, or employees

of the Animal and Plant Health Inspection Service, Veterinary Services, United

States Department of Agriculture, is permitted.  The vaccine used must be

licensed by the Biologics Division of the U.S. Department of Agriculture and be

authorized for use in North Carolina by the State Veterinarian.  Each

vaccinated heifer shall be identified by the official vaccination tattoo and an

approved ear tag in the right ear: Provided that the State Veterinarian may

waive the ear tag requirement if other acceptable means of identifying

individual heifers are used.  The original and one copy of the brucellosis

calfhood vaccination record shall be submitted by the person doing the

vaccinating to the State Veterinarian within 10 days following vaccination. 

Officially brucellosis vaccinated cattle of the dairy breeds 20 months of age

and over, and those of the beef breeds 24 months of age and over, classified as

reactors to an official test for brucellosis shall be branded and tagged as

brucellosis reactors.  Parturient and post parturient animals reacting to the

official brucellosis test shall be branded and tagged as reactors regardless of

age.

 

History Note:        Authority G.S. 106‑389; 106‑396;

Eff. April 1, 1984;

Amended Eff. July 1, 1998.

 

 

 

02 NCAC 52B .0304          COMPULSORY TESTING

The

State Veterinarian is empowered to require the testing of cattle, goats and

swine he has reasonable grounds to believe are affected with or have been

exposed to brucellosis.  Following a ten day notice, the owner shall have his

cattle, swine or goats confined at the appointed time of the test.  He shall

provide the necessary facilities and assistance for the person making the test.

 

History Note:        Authority G.S. 106‑390; 106‑396;

Eff. April 1, 1984.

 

 

 

 

 

 

section .0400 – equine infectious anemis (eia)

 

02 NCAC 52B .0401          DEFINITIONS

The following definitions are in effect throughout this

Section:

(1)           Equine.  Any member of the equine family, including

horses, ponies, mules, asses and other equines;

(2)           Reactor.  An equine over six months of age that

reacts positively to an approved test for equine infectious anemia;

(3)           Official Test.  A test recognized by Veterinary

Services, APHIS, USDA, pursuant to 9 CFR 75.4;

(4)           Date of Test.  Date blood sample is collected from

the equine;

(5)           Licensed Accredited Veterinarian.  A veterinarian

licensed to practice in North Carolina by the North Carolina Veterinary Medical

Board and accredited by the USDA;

(6)           Exposed Equine.  An equine which the State

Veterinarian or his authorized representative has reasonable grounds to believe

has been exposed to equine infectious anemia; An equine shall be considered

exposed when in the professional judgment of a state or federally employed, or

accredited, veterinarian designated by the State Veterinarian, the equine has

been exposed.  A premises may be approved by the State Veterinarian for the

permanent quarantine of an equine which is positive to an official test for

equine infectious anemia when it can be determined that other equines will not

be exposed to the disease;

(7)           Division.  Veterinary Division of the North

Carolina Department of Agriculture and Consumer Services;

(8)           Dealer.  Any person who buys equine for his own

account for the purpose of resale, or for the account of others;

(9)           Public Place.  Any premises owned or operated by

any governmental entity, any privately owned or operated premises open to the

public, or any privately owned or operated premises where three or more equine

originating from three or more premises are gathered.

 

History Note:        Authority G.S. 106‑405.17; S.L.

1999-237, s. 13.6;

Eff. April 1, 1984;

Temporary Amendment Eff. October 1, 1999;

Amended Eff. April 1, 2001.

 

02 NCAC 52B .0402          DISPOSITION OF REACTORS

02 NCAC 52B .0403          EXPOSED HORSES

02 NCAC 52B .0404          REPORT OF TEST RESULTS

 

History Note:        Authority G.S. 106‑405.17; S.L.

1999-237, s. 13.6;

Eff. April 1, 1984;

Temporary Repeal Eff. October 1, 1999;

Repealed Eff. April 1, 2001.

 

02 NCAC 52B .0405          FEES FOR BLOOD TEST

A person submitting a blood sample to the Division to be

tested for equine infectious anemia (EIA) shall pay a fee of four dollars

($4.00) per sample.

 

History Note:        Authority G.S. 106‑405.17; S.L.

1999-237, s. 13.6;

Eff. April 1, 1984;

Amended Eff. April 1, 1985;

Temporary Amendment Eff. October 1, 1999;

Amended Eff. April 1, 2001.

 

02 NCAC 52B .0406          EIA TEST

REQUIRED

(a)  All equine more than six

months of age entering North Carolina for any purpose other than for immediate

slaughter shall be accompanied by a copy of the certificate of test from a

laboratory approved by the USDA showing the animal to be negative to an official

test for equine infectious anemia (EIA) within the past 12 months, except as

provided in 02 NCAC 52B .0410.  (See 02 NCAC 52B .0206 for other importation

requirements.)

(b)  No equine more than six

months of age shall be sold, offered for sale, traded, given away, or moved for

the purpose of change of ownership unless accompanied by the original official

negative test for EIA administered within 12 months prior to sale or movement,

except that equine which are offered for sale at auction markets or sales may

have a blood sample drawn at the market by the market's veterinarian at the

seller's expense.  In such cases, the equine may be sold and transferred

contingent upon receipt of an official negative EIA test.  Until receipt of an

official negative EIA test, the equine must be isolated in accordance with

standards for isolation of positive reactors, pursuant to 02 NCAC 52B

.0408(c)(2).

(c)  All equine brought to or kept

at any public place for exhibition, recreation or assembly shall be accompanied

by either the original or a copy of an official negative test for EIA

administered within the previous 12 months.  The person in charge of any public

place where equine are brought or kept for exhibition, recreation or assembly

shall not permit an equine to remain on the premises without the test required

by this Rule.

(d)  A person in possession or

control of an equine in a public place shall, upon the request of an authorized

person, present the original or a copy of the test required by this Rule and

shall assist in identifying the equine.  A person in possession or control of

an equine who does not have an original or a copy of the test required by this

Rule shall remove the equine from the premises within two hours of receiving

written notification to leave from an authorized person.  As used in this Rule,

"authorized person" means the person in charge of the premises, or

the State Veterinarian or his representative.

 

History Note:        Authority G.S.

106-405.17; S.L. 1999-237, s. 13.6;

Temporary Adoption Eff. October

1, 1999;

Eff. April 1, 2001;

Amended Eff. October 1, 2004;

April 1, 2001.

 

02 NCAC 52B .0407          TESTING FOR EIA

(a)  Equine tested for equine infectious anemia (EIA) must

be completely and accurately identified by a licensed, accredited veterinarian,

using the official test form provided by the office of the State Veterinarian.

(b)  Only one form shall be utilized by the testing

veterinarian for each equine to be tested.  Any distinctive markings and their

location on the animal such as brands, tattoos, stars, snips, stockings, or

other markings shall be noted on the official chart.

(c)  Equine receiving on‑farm or private treaty test

shall not be sold or ownership otherwise transferred until the results of the

equine infectious anemia test performed on the animal are returned.  Positive

test results shall automatically result in the quarantine of the animal without

further notice at the premises of the owner or where the test was conducted.

(d)  All test results shall be reported to the office of the

State Veterinarian.  Tests conducted at a laboratory within the state shall be

reported on official forms supplied by the Division.  Licensed, accredited

veterinarians submitting samples for testing in U.S. Department of Agriculture

approved laboratories outside of North Carolina shall supply a copy of the test

record to the office of the State Veterinarian within five days upon receipt of

the test results from the testing laboratory.

(e)  The owner or manager of a market or sale shall

announce, prior to the sale or auction, that all equines not accompanied by

either the original or a copy of an official negative test for EIA will be

tested.  Each buyer of such equine at the sale or auction shall sign an

agreement to maintain such equine at a specified location until notified of the

results of the test.  Equine that prove negative to the test may move in normal

trade channels.  Owners of equine that react to the test must comply with 2

NCAC 52B .0408.

 

History Note:        Authority G.S. 106‑405.17; S.L.

1999-237, s. 13.6;

Temporary Adoption Eff. October 1, 1999;

Eff. April 1, 2001.

 

02 NCAC 52B .0408          POSITIVE REACTORS

(a)  Equine testing positive to an approved test for equine

infectious anemia (EIA) may have a confirmatory retest by a representative of

the State Veterinarian within 15 days of the initial test.  If there is no

retest within 15 days from notification, the right to retest is forfeited and

the equine shall be euthanized or branded immediately.

(b)  If not euthanized, reactors must be branded on the left

side of the neck with the characters '55A' and the official reactor number

assigned by the Division.  The owner of the reactor must submit the equine for

branding by a representative of the State Veterinarian within 15 days of the

confirmatory test.

(c)  A reactor shall be isolated, euthanized or sold for

slaughter within seven days of branding.  Reactors shall be subject to the

following disposition, at the option of the owner:

(1)           With approval of the State Veterinarian or

his designated representative, the equine may be sold for slaughter to bona

fide slaughter buyers.  EIA reactors must be permitted on VS Form 1‑27 by

a representative of the State Veterinarian for movement from farm to an

approved slaughter establishment or research facility when, in the State

Veterinarian's judgment, it can be done without risk of exposure of other

equine;

(2)           Quarantine of the infected, branded, equine

until death in an isolation facility on the owner's premises or elsewhere,

approved by an authorized representative of the State Veterinarian.  A written

quarantine will be issued for each equine.  Minimum standards for an approved

isolation facility shall be a plot or pasture located a minimum of 880 yards

from any other equine enclosure, or other equine, except another known EIA

reactor.  Owners of infected, branded equine shall not sell, barter, trade or

give away these equine except as provided in this Rule.

 

History Note:        Authority G.S. 106‑405.17; S.L.

1999-237, s. 13.6;

Temporary Adoption Eff. October 1, 1999;

Eff. April 1, 2001.

 

02 ncac 52B .0409          ADJACENT OR EXPOSED EQUINE

When an equine is found positive by an official equine

infectious anemia (EIA) test and an EIA retest by state personnel, all equine

on the same premises (farm, pasture, or stable), and all other equine located

on adjacent farms, pastures, or stables within 880 yards shall be required to

be tested by state regulatory personnel or a licensed, accredited veterinarian.

All exposed equine, as defined in 2 NCAC 52B .0401(6), shall be quarantined

until tested and found negative to the EIA test 60 days after removal of the

reactor.

 

History Note:        Authority G.S. 106‑405.17; S.L.

1999-237, s. 13.6;

Temporary Adoption Eff. October 1, 1999;

Eff. April 1, 2001.

 

02 NCAC 52B .0410          MARKET AND SALE RESPONSIBILITY

(a)  Livestock markets and all others conducting sales of

equine shall send a written request for approval of all sales to the State

Veterinarian at least two weeks prior to sale.  The State Veterinarian shall

approve the request if:

(1)           the applicant is in compliance with this

Section at the time of the application;

(2)           it appears that the applicant is able to

comply with this Section at the time of the proposed sale; and

(3)           the Veterinary Division has personnel

available to monitor the sale to determine compliance with this Section.

(b)  Livestock markets or equine sales offering to provide

equine infectious anemia (EIA) testing must employ a licensed, accredited

veterinarian.

(c)  Livestock markets or sales that have permanent

facilities, including a licensed, accredited veterinarian, may handle equine

that do not have a negative test, provided each such equine is tested as

provided in this Section.

(d)  Livestock markets and all others conducting sales of

equine shall have check‑in procedures, including at least the following:

(1)           See that the correct name and mailing

address of the owner is on the "check‑in" form, along with the

license number of the vehicle that transported the animal;

(2)           Apply a backtag or paint number at

"check‑in" and note it on the "check‑in" form;

(3)           See that all EIA test records are collected

and presented to the market veterinarian or representative of the State

Veterinarian for verification prior to the sale.

(e)  Equine shall be presented to the market or sale

veterinarian if testing is required, and assistance shall be provided for

drawing blood samples for the EIA test.

(f)  The market or sale management shall maintain records of

sales for a minimum of two years, so that animals that react positively to the

EIA test may be traced.

(g)  Those managing the sale shall not permit the sale of

equine on the premises except through the market or sale.

(h)  Non‑compliance with these Rules is grounds for

revocation of approval to conduct sales.

 

History Note:        Authority G.S. 106‑405.17; S.L.

1999-237, s. 13.6;

Temporary Adoption Eff. October 1, 1999;

Eff. April 1, 2001.

 

02 ncac 52B .0411          MARKET OR SALE VETERINARIANS

(a)  Market or sale veterinarians shall:

(1)           Collect blood samples of five cubic

centimeters in a blood collection tube with identification of each equine

presented for test;

(2)           Properly identify each equine tested on a

Department of Agriculture and Consumer Services form as to name, age, sex,

breed, color and markings, brands, tattoos, scars; and

(3)           Mail blood and form to an approved

laboratory by the end of the next business day following the sale.

(b)  Each market veterinarian involved in the equine

infectious anemia (EIA) program shall notify the State Veterinarian of such

involvement.

 

History Note:        Authority G.S. 106‑405.17; S.L.

1999-237, s. 13.6;

Temporary Adoption Eff. October 1, 1999;

Eff. April 1, 2001.

 

02 NCAC 52B .0412          SLAUGHTER SALES

Market or sale operators who wish to conduct a sale of

equine only for slaughter without EIA testing must sign an agreement with the

State Veterinarian to comply with the terms of this Section.

 

History Note:        Authority G.S. 106‑405.17; S.L.

1999-237, s. 13.6;

Temporary Adoption Eff. October 1, 1999;

Eff. April 1, 2001.

 

SECTION .0500 ‑ POULTRY DISEASES

 

02 NCAC 52B .0501          POULTRY DISEASES

If it shall be determined that any contagious or infectious

disease of poultry, or exposure thereto, exists in any hatchery, poultry

processing plant, or on any other place where poultry is raised, kept or

handled, the State Veterinarian, his assistants or any duly authorized

inspector, acting under the authority of the Commissioner of Agriculture is

authorized to perform any or all of the following acts:

(1)           quarantine and placard such premises and all

poultry on same premises when necessary to control the spread of contagious or

infectious diseases of poultry;

(2)           restrict the movement of poultry, baby chicks, eggs

or any other agent capable of transmitting infection;

(3)           require the cleaning and disinfecting of trucks and

other vehicles used in transporting poultry and other products;

(4)           require the cleaning and disinfecting of

hatcheries, poultry houses, slaughtering plants, coops, crates, transporting

cages, containers, egg cases, chick boxes or any other agent capable of

carrying infection;

(5)           restrict and regulate the disposition of offal and

other waste material from poultry slaughtering and processing establishments,

provide for disposal of manure from poultry houses by composting for 30 to 60

days on the farm or by burial on the farm where disease has occurred, or

dispose by method authorized by the State Veterinarian;

(6)           require the proper disposition of all dead birds.

 

History Note:        Authority G.S. 106‑540;

Eff. April 1, 1984;

Amended Eff. July 1, 1986.

 

 

 

02 NCAC 52B .0502          HEALTH REGULATIONS FOR POULTRY

EXHIBITIONS

(a)  Persons conducting and participating in poultry

exhibitions shall comply with the following:

(1)           All poultry, excluding doves and pigeons,

for exhibition in North Carolina shall originate from U.S. pullorum-typhoid clean flocks, or have a negative pullorum-typhoid test within 90 days (30 days

for out-of-state birds) of the date of exhibition.  All North Carolina owned

birds must be tested by agents of the North Carolina Department of

Agriculture.  For North Carolina birds and for out-of-state birds from U.S. pullorum-typhoid clean states, these test requirements may be satisfied by a negative

test conducted by a North Carolina Department of Agriculture agent at the time

of entry.  The fee for pullorum-typhoid testing at the exhibition is ten cents

($0.10) per bird with a minimum fee of one dollar ($1.00) per exhibitor.

(2)           Poultry for exhibition shall not have been

vaccinated with a live virus vaccine within the last 30 days preceding the

exhibition.

(3)           Each bird must be identified with a

"tamper-proof" band at the time of pullorum-typhoid test.  A copy of

the pullorum-typhoid test chart must accompany birds to exhibition.

(4)           Birds are subject to examination (including

blood test and swabs) by a representative of the North Carolina Department of

Agriculture.  Birds shall not be accepted which are infected with or showing

any clinical signs of a contagious disease, or are infested with lice or mites.

(5)           Out-of-state birds shall be admitted

provided they are from an area that is not under quarantine for an infectious

disease and have a negative antigen detection test for Avian Influenza

performed within 21 days prior to presenting for exhibition.

(6)           The secretary of each show shall furnish

the representative of the State Veterinarian with a list of names and addresses

of all exhibitors at the time of the exhibition.

(7)           The secretary of each show shall have the

requirements in this Rule printed in the show catalog or premium list.

(b)  The Commissioner may, when in the public interest to

prevent disease, suspend any poultry exhibition in North Carolina.

 

History Note:        Authority G.S. 106-540;

Eff. April 1, 1984;

Amended Eff. August 1, 2010; October 1, 1993.

 

02 NCAC 52B .0503          TRANSPORTING LIVE POULTRY

(a)  No person, firm, or corporation shall re‑use for

transporting live poultry, any coop, crate, or other container that has been

used previously for live poultry, unless said coop, crate, or other container has

been thoroughly cleaned and properly disinfected.  No person, firm, or

corporation shall transport on the public highways of this state any empty

coop, crate, or other container that has been used previously for live poultry,

except to transport such coop, crate, or other container to a designated point

for cleaning and disinfecting.

(b)  Any truck, trailer, or other conveyance used in

transporting live poultry shall be thoroughly cleaned and disinfected after the

hauling of each lot of live poultry.

(c)  Disinfectants acceptable for use under this Regulation

are limited to the chemicals approved in 9 CFR 71.10, 71.11, and 71.12.

(d)  The provisions of (a) and (b) of this Rule shall not

apply to any persons, firms, or corporations when transporting or handling only

their own poultry.

 

History Note:        Authority G.S. 106‑540;

Eff. April 1, 1984;

Amended Eff. April 1, 1985.

 

 

 

02 NCAC 52B .0504          AVIAN INFLUENZA (H5N2)

 

History Note:        Filed as a Temporary Rule Eff. January

30, 1986, for a Period of 120 Days to Expire on

May 30, 1986;

Statutory Authority G.S. 106‑307.5;

Expired Eff. May 30, 1986.

 

 

 

02 NCAC 52B .0505          AVIAN INFLUENZA (H5N2)

 

History Note:        Authority G.S. 106‑307.5;

Eff. July 1, 1986:

Repealed Eff. July 1, 2010.

 

SECTION .0600 ‑ POULTRY: HATCHERIES: PULLORUM DISEASE

 

02 NCAC 52B .0601          NATIONAL POULTRY IMPROVEMENT PLAN

(a)  All provisions for the recognition, classification,

control, and eradication of pullorum disease, fowl typhoid, and Mycoplasma

Gallisepticum (MG) as contained in the United States Department of Agriculture

National Poultry Improvement Plan and Auxiliary Provisions, as incorporated by

reference at 02 NCAC 52A .0102, shall apply to all hatcheries in this state and

provided further that egg type chicken flocks shall be treated as egg type

chicken breeding flocks for determining compliance with the provisions of this

Rule.

(b)  All poultry and poultry products produced, sold,

offered for sale, shipped into this state, or transported within this state

shall originate from flocks that meet the requirements for the control of

pullorum, fowl typhoid and Mycoplasma Gallisepticum as expressed in the

National Poultry Improvement Plan and Auxiliary Provisions except that birds

enroute to or from a show or exhibition that complies with 02 NCAC 52B .0502

need not comply with this Paragraph.

(c)  Poultry that does not meet the standards prescribed in

Paragraph (b) of this Rule shall be subject to the provisions of 02 NCAC 52B

.0501 as applicable.

(d)  Poultry slaughtered within 24 hours after entering the

state need not comply with the provisions of this Rule, unless the poultry

originates from a quarantined flock.  Poultry originating from a quarantined

flock shall be accompanied by a permit from the State Veterinarian.

 

History Note:        Authority G.S. 106‑539; 106‑540;

106‑543;

Eff. April 1, 1984;

Amended Eff. July 1, 2005; July 1, 1986.

 

02 NCAC 52B .0602          HATCHERIES: RECORDS

Every hatchery shall keep a permanent record showing the

name and address of the flock owner of all eggs received, together with the

number of eggs and date received; also, a permanent record of all hatching

eggs, baby chicks, and turkey poults sold, with number, flock origin, date and

name and address of purchaser.  They also shall keep a permanent record of all

flock inspections and test reports.

 

History Note:        Authority G.S. 106‑540;

Eff. April 1, 1984.

 

 

 

02 ncac 52B .0603          entry of avian species into the state

of north carolina

(a) Every shipment of poultry and hatching eggs entering

this State shall be accompanied by a certificate or label showing the name and

address of the shipper and the National Poultry Improvement Plan (NPIP) Disease

Program Status of the flock of origin. The certificate or label must be

approved by the duly authorized agency of the state of origin.

(b)  Hatching Eggs, Chicks, or Poults, and any poultry under

16 weeks of age shall:

(1)           Originate from a Pullorum-Typhoid (PT)

clean flock and be accompanied by a Certificate of Veterinary Inspection (CVI)

or VS 9-3 NPIP form from the state of origin; and

(2)           Originate from a flock certified NPIP US

H5/H7 Avian Influenza (AI) Clean or US AI Clean.  Source hatcheries must handle

only eggs from NPIP US AI Clean or US H5/H7 AI Clean parent flocks.

(c)  Poultry and Ratites, 16 weeks of age and older, shall:

(1)           Originate from a P-T clean flock and have

CVI or VS 9-3 NPIP form from state of origin, or negative P-T test within 30

days prior to entry; and

(2)           Originate from flock certified NPIP H5/H7

AI Clean or US AI Clean, with CVI (issued within 5 days of entry) or VS 9-3

NPIP form from state of origin, or be accompanied by records of a negative

antigen detection AI test within 21 days prior to entering the state.  (If the

flock has more than 500 birds in number and is being tested for AI prior to

entry, the owner or his agent must test 30 samples per flock and at least 10

per house, with all pens and houses represented.)

Ratites shall also have a permit number from the NC State

Veterinarians Office.

(d)  Poultry entering NC for slaughter must be compliant

with NPIP pre-slaughter guidelines for AI testing within 21 days of entry (11

samples per flock for chickens, and six samples per flock for turkeys). 

Pre-slaughter AI test records must accompany the flock on an official

NPIP-approved laboratory form.

(e)  Pigeons, doves, birds of prey, psitticines, and song

birds shall:

(1)           have a permit number from the NC State

Veterinarian's office; and

(2)           be accompanied by a CVI issued within five

days of entry.

(f)  No hatching eggs, chicks, poults or adult domestic

poultry or ratites may enter NC if they originate in counties or areas under

quarantine for H5/H7 Avian Influenza.  Entry is not allowed for six weeks

following last AI positive test.

(g)  For conveyances or containers that have been in

AI-infected counties:

(1)           No person, firm, or corporation shall

re-use for transporting live poultry, any coop, crate, or other container that

has been used previously for live poultry, unless said coop, crate, or other

container has been cleaned and disinfected.  No person, firm, or corporation

shall transport on the public highways of this state any empty coop, crate, or

other container that has been used previously for live poultry, except to

transport such coop, crate, or other container to a designated point for

cleaning and disinfecting.

(2)           Any truck, trailer, or other conveyance

used in transporting live poultry shall be cleaned and disinfected after the

hauling of each lot of live poultry.

(3)           Disinfectants acceptable for use under this

Rule are limited to the chemicals listed in 9 CFR 71.10, 71.11 and 71.12.

 

History Note:        Authority G.S. 106-539; 106-540; 106-543;

Eff. April 1, 1984;

Amended Eff. August 1, 2010.

 

02 NCAC 52B .0604          CHICK DEALERS AND JOBBERS: FEE AND

APPLICATION

All chick dealers and jobbers shall, on or before July 1 of

each year, pay the required fee and file application with the Department of

Agriculture, on forms furnished by the department, for a permit to operate.

 

History Note:        Authority G.S. 106‑540;

Eff. April 1, 1984.

 

 

 

02 NCAC 52B .0605          CHICK DEALERS AND JOBBERS: RECORDS

All chick dealers and jobbers shall keep a permanent record

showing date, number of chicks and from whom purchased and shall keep similar

records on all chicks sold in lots of 100 or more.

 

History Note:        Authority G.S. 106‑540;

Eff. April 1, 1984.

 

 

 

02 NCAC 52B .0606          DUTY TO REPORT OUTBREAK OF DISEASE

It shall be the duty of every hatchery, chick dealer or

jobber to report promptly to the Department of Agriculture the outbreak of any

contagious or infectious disease affecting baby chicks or turkey poults in

their possession or in any flock supplying eggs to said hatchery.

 

History Note:        Authority G.S. 106‑540;

Eff. April 1, 1984.

 

 

 

02 NCAC 52B .0607          POULTRY RUNNING AT LARGE

(a)  A person owning or having legal custody of any poultry

shall not maintain poultry in any manner that creates a reasonable likelihood

that poultry will wander outside of the legal boundaries of the property on

which they are kept.

(b)  A person owning or having custody of any poultry shall

not allow said poultry to wander outside the legal boundaries of the property

on which they are kept.

 

History Note:        Authority G.S. 106‑539; 106‑540;

106‑543;

Eff. April 1, 1984.

 

 

 

 

 

02 ncac 52b .0608          poultry and ratite dealers: licensing

and records

(a)  A poultry or ratite dealer, as defined in G.S.

106-541(3), shall register with the Department of Agriculture and Consumer

Services on or before July 1 of each year on a form furnished by the

Department.

(b)  A poultry or ratite dealer shall keep records of

purchases and sales of poultry and ratites, showing the date of each purchase

or sale, the number of birds and the name and address of the seller or

purchaser on a form provided by the Department.  A poultry dealer shall also

keep records of any disease testing performed on birds under his control that

are subject to the requirements of this Section.  These records must be

available for examination upon request by the Department and shall be kept for

three years.

 

History Note:        G.S. 106-540; 106-547;

Eff. July 1, 2010.