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Ohio Laws and Rules
As used in rules 901:1-12-01 to 901:1-12-05 of the Administrative Code.
(A) “Johne’s disease” means a disease of animals caused by the bacteria mycobacterium paratuberculosis.
(B) “Official test” means a test for johne’s disease conducted by a laboratory operated by or approved by the Ohio department of agriculture.
(C) “Sample” means any material submitted with an approved form, for an official test, and collected under the supervision of a licensed accredited veterinarian, an employee of the Ohio department of agriculture, or an employee of the United States department of agriculture, veterinary services.
(D) “Negative animal” means any animal classified negative to an official test for johne’s disease.
(E) “Positive animal” means any animal classified positive to an official test for johne’s disease.
(F) “Suspect animal” means any animal tested for, but not classed positive or negative by an official test for johne’s disease.
(G) “Identification” means ear permanent tattoos, U.S.D.A. uniform series eartag, electronic identification, or registration numbers when accompanied by identification documentation.
(H) “Johne’s vaccine” means a biological product used to immunize livestock for johne’s disease.
(I) “Herd plan” means a voluntary written agreement between the owner or bailee of an animal or animals classified as positive for johne’s disease and the Ohio department of agriculture.
(J) “Herd” means all animals under common ownership or supervision that are grouped on a single premises or grouped on multiple premises and having contact between the animals on those separate premises.
(K) “Ohio johne’s status herd” means a herd of cattle whose owner or bailee is voluntarily complying with the Ohio department of agriculture guidelines for establishing the status based on prevelance of johne’s disease in the herd.
(L) “Director” means the director of the Ohio department of agriculture or his duly authorized representative.
R.C. 119.032 review dates: 07/28/2003 and 07/20/2008
Promulgated Under: 119.03
Statutory Authority: 941.03, 941.31 (A)
Rule Amplifies: 941.03, 941.31 (A), (B), (C), (D), (E)
Prior Effective Dates: 2/26/96
Unless authorized by the Ohio department of agriculture, no person shall remove, alter or deface any identification, either permanent or temporary, applied to any animal being tested or examined for johne’s disease.
R.C. 119.032 review dates: 07/28/2003 and 07/20/2008
Promulgated Under: 119.03
Statutory Authority: 941.31
Rule Amplifies: 941.03, 941.03 (C)
Prior Effective Dates: 2/26/96
(A) No person, firm, corporation, or association shall import into Ohio, have in their possession, or keep, buy, sell, offer for or expose for sale, barter, exchange, give away, or otherwise dispose of, any johne’s vaccine without written permission from the Ohio department of agriculture.
(B) No person, firm, corporation, or association shall manufacture or produce in Ohio any johne’s vaccine without written permission from the Ohio department of agriculture.
(C) No person shall administer johne’s vaccine in Ohio unless he is a licensed accredited veterinarian.
(D) A licensed accredited veterinarian shall:
(1) Administer johne’s vaccine only after the herd has tested positive for johne’s disease and with prior written permission of the department, or with compelling reasons along with written permission from the Ohio department of agriculture waiving the need for a positive test for johne’s disease; and,
(2) Use johne’s vaccine only in a herd with a herd plan; and,
(3) Not vaccinate any animals prior to completion of the negative tuberculin herd test; and,
(4) Not vaccinate any animal over thirty-five days of age; and,
(5) Ensure all vaccinated animals have permanent individual identification, (i.e. eartag, tattoo, etc.).
(6) Each vaccinated animal shall be marked with a tattoo to show it has been vaccinated. The tattoo should be located inside the left ear and shall consist of three characters as follows:
(a) A, B, C, or D for the respective quarter of the year; and,
(b) J for johne’s; and,
(c) 0 through 9 for the last digit of the year of vaccination; and,
(7) Submit a report of the vaccination including owner’s name, identification of the animals, and the date of vaccination to the division of animal industry within seven days on a form approved by the department.
(E) No person, firm, corporation, or association shall import into Ohio any animal which has been vaccinated for johne’s disease, by any method, without a special permit issued by the Ohio department of agriculture as provided in paragraph (b) of rule 901:1-17-02 of the Administrative Code.
R.C. 119.032 review dates: 07/28/2003 and 07/20/2008
Promulgated Under: 119.03
Statutory Authority: 941.31 (A)
Rule Amplifies: 941.03, 941.31 (A)
Prior Effective Dates: 2/26/96
(A) All results of an “official test” for Johne’s disease shall be reported to the department of agriculture within fourteen days from the date of the receipt of the test results.
(B) The department may reclassify a “positive animal” to “suspect animal” pending further tests and examinations.
(C) Animals classified positive to an official test for Johne’s disease shall be identified by an official United States department of agriculture eartag, or other method approved by the director.
(D) Animals classified positive to an official test for Johne’s disease shall not be removed from the premises unless:
(1) The move for purposes of immediate slaughter; and
(2) The owner or bailee has written permission from the department for such movement.
(E) The owner or bailee of an animal classed positive for Johne’s disease may voluntarily submit a “herd plan” indicating the method or methods used by the owner or bailee to eliminate Johne’s disease from the herd. The plan shall be signed by both parties and list the responsibilities of the owner or bailee and the Ohio department of agriculture.
R.C. 119.032 review dates: 07/28/2003 and 07/20/2008
Promulgated Under: 119.03
Statutory Authority: 941.03
Rule Amplifies: 941.03, 941.31
Prior Effective Dates: 2/26/96
(A) To achieve an “Ohio Johne’s status herd”, all animals twenty-four months of age and older must be tested negative for Johne’s disease on a test approved by the Ohio department of agriculture.
(B) To maintain herd status, the herd must be retested in ten to fourteen months and all animals tested negative for Johne’s disease on a test approved by the Ohio department of agriculture.
(C) The licensed, accredited veterinarian performing or supervising the collection of test samples is to certify that the samples collected were from the animals identified on the test document.
(D) The owner or bailee must certify:
(1) At the initial test date that the herd has been in existence for one year or assembled from test negative herds; and,
(2) At each test date all animals twenty-four months of age and older were sampled and included in the herd test; and,
(3) At each test date a list identifying all animals previously tested but no longer in the herd; and,
(4) At each test date all animals added to the herd since the last herd test were raised on the farm, or have had a negative fecal culture for Johne’s disease within the previous twelve months, or had a negative serum antibody test within thirty days after the animal has been purchased; and
(5) At each test date a written statement certifying to the best of his/her knowledge no animals that left the herd tested positive for or were exhibiting clinical signs of Johne’s disease.
(E) An “Ohio Johne’s status herd” is further subdivided as follows:
(1) A level 1 herd is a herd which tests negative after one sampling,
(2) A level 2 herd is a herd which has two consecutive negative annual samples,
(3) A level 3 herd is a herd which has three consecutive negative annual samples.
(4) A level 4 herd is a herd which has four consecutive negative annual samples,
(5) A level 5 herd is a herd which has five consecutive negative samples,
(6) A level 5 monitored herd is a herd which has 6 or more consecutive negative annual samples.
(F) Samples to be collected are:
(1) For levels 1, 3, and 5 blood for the detection of antibodies against M. paratuberculosis,
(2) For levels 2 and 4 feces for the detection of M. paratuberculosis.
(3) For level 5 monitored any official test at the option of the owner,
(4) For vaccinated animals feces for the detection of M. paratuberculosis.
(G) If an animal tests suspect or positive for johne’s disease on an official test:
(1) A fecal sample must be submitted for said animal within forty-five days; and
(2) Failure to retest the animal within forty-five days; or, M. paratuberculosis detected in the feces will result in the loss of the Ohio johne’s herd status.
(H) The cost of sample collection and submission will be borne by the owner.
(I) The owner or bailee will present satisfactory permanent and individual identification of all animals tested.
R.C. 119.032 review dates: 07/28/2003 and 07/20/2008
Promulgated Under: 119.03
Statutory Authority: 941.03
Rule Amplifies: 941.03
Prior Effective Dates: 2/26/96