Chapter 901:1-13 Scrapie

901:1-13-01 Definitions.

As used in this chapter:

(A) "Administrator" means the head of the animal and plant health inspection service of the United States department of agriculture and any individual authorized by the administrator to act for the administrator.

(B) "Animal" means a sheep or goat.

(C) "Approved laboratory" means the national veterinary services laboratories and any other laboratory authorized by the administrator to conduct, on one or more tissues, approved tests for scrapie.

(D) "Area veterinarian in charge" means a veterinarian employed by the United States department of agriculture, animal and plant health inspection service (USDA, APHIS) to supervise and perform animal health work in Ohio.

(E) "Designated scrapie/TSE epidemiologist" means a state or federal epidemiologist designated by the United States department of agriculture, animal and plant health inspection service to make decisions about the use and interpretation of diagnostic tests, field investigation data and the management of scrapie affected flocks.

(F) "Electronic implant" means any radio-frequency identification implant device approved for use in the scrapie program by the administrator to be applied to animals other than RR sheep that are not removed from an exposed flock.

(G) "Exposed animal" means:

(1) An animal that has been in a flock or herd at the same time as another animal in the flock or herd that has been determined to be scrapie-positive unless the animal:

(a) Has either had limited contact with the scrapie-positive animal, or

(b) Has been determined by a designated scrapie epidemiologist to be a low risk animal.

(2) An animal that resided on the premises of a scrapie source or infected flock or herd before the flock or herd completes the requirements of a flock plan.

(H) "Exposed flock" means a flock that contains an exposed or suspect female animal; or a flock or herd that once contained either an exposed or suspect female animal and the animal was neither tested for scrapie nor tested and found negative for scrapie.

(I) "Flock" means:

(1) All animals kept on a single farm or in a single feedlot; and

(2) All animals under either common ownership or common supervision on two or more farms or feedlots when any animals move between the farms or feedlots; or

(3) Multiple flocks/herds may be maintained on a single premises if a state or APHIS representative determines, based on examination of the flock records and inspection of the farm/feedlot, that:

(a) There is no interchange of animals between the flocks;

(b) The flocks never commingle and are kept at least thirty 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;

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

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

(e) The flocks do not share equipment without cleaning and disinfection in accordance with the guidelines published in 9 CFR 54.7 .

(J) "Flock Plan" means a written flock management agreement signed by the owner, the accredited veterinarian (if one is employed) and a state or federal representative in which each participant agrees to undertake specific actions to control/eradicate scrapie from an exposed, infected or source flock.

(K) "Infected flock" means any flock in which a state or federal representative has determined that a scrapie-positive female animal has resided unless an epidemiologic investigation conducted by a state or federal representative shows that the animal did not lamb or abort in the flock. A flock will no longer be considered an infected flock after it has completed the requirements of a flock plan.

(L) "Non-compliant flock" means:

(1) Any source or infected flock whose owner declines to enter into a flock plan or post exposure management and monitoring plan agreement within sixty 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 sixty days of notification, or as mutually agreed, or whose owner fails to submit required samples as directed in the post exposure management and monitoring plan;

(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 five 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 CFR 79 within the last five years.

(M) "Official eartag" means an identification eartag approved by the United States department of agriculture, animal and plant health inspection service as being sufficiently tamper resistant for the intended use and providing unique identification for each animal. An official eartag may conform to the alphanumeric national uniform ear-tagging system or another system approved by APHIS, or it may bear an APHIS approved premises identification number that either contains a unique animal identification number or is used in conjunction with the producer's livestock production numbering system to provide a unique identification number.

(N) "Post exposure management and monitoring plan (PEMMP)" means a written agreement signed by the owner, an accredited veterinarian (if one is employed) and a State or federal representative in which each participant agrees to undertake specific actions to reduce the risk of the occurrence of scrapie and to monitor for the occurrence of scrapie in the flock for at least five years after the last high-risk or scrapie-positive animal is removed or exposed to a scrapie-positive animal.

(O) "Scrapie positive animal" means an animal for which an approved test for scrapie has been conducted with positive results by the national veterinary services laboratory or another laboratory authorized by the administrator to conduct scrapie tests in accordance with 9 CFR 54 through any of the following methods:

(1) Histopathologic examination of CNS tissues from the animal for characteristic microscopic lesions of scrapie;

(2) Protease-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 dead animal. The method must have been approved by the administrator for use on that tissue;

(3) Biassay;

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

(5) Any other test method approved by the administrator in accordance with 9 CFR 54.10 .

(P) "Source flock/herd" means a flock or herd in which an animal born into the flock or herd was diagnosed as scrapie positive within seventy-two months of birth.

(Q) "Suspect animal" means:

(1) An animal which exhibits symptoms suggestive of scrapie; or,

(2) An animal, not designated as positive for scrapie, that tests positive to a live animal screening test for scrapie.

(R) "Symptoms suggestive of scrapie" means an animal which exhibits any of the following symptoms:

(1) Weight loss despite retention of appetite,

(2) Behavioral abnormalities,

(3) Pruritus,

(4) Wool pulling,

(5) Biting at its legs or sides,

(6) Lip smacking,

(7) Motor abnormalities such as:

(a) Incoordination,

(b) High stepping gate of forelimbs,

(c) Bunny hop movement of the rear legs,

(d) Swaying of the back end.

(8) Increased sensitivity to noise and sudden movement,

(9) Star gazing,

(10) Head pressing,

(11) Recumbency,

(12) Any other signs of neurological disease or chronic wasting.

R.C. 119.032 review dates: 03/25/2010 and 03/25/2015
Promulgated Under: 119.03
Statutory Authority: 941.03
Rule Amplifies: 941.01 , 941.02 , 941.06 , 941.07 , 941.09
Prior Effective Dates: 1-10-05

901:1-13-02 Reporting requirements.

(A) An owner, custodian, or veterinarian who observes symptoms suggestive of scrapie in an animal in a flock or herd shall:

(1) Report within twenty four hours the symptoms to either a state/federal representative or, to an accredited veterinarian; or,

(2) The owner shall submit the animal, either before or after it dies, to an approved laboratory for pathological diagnosis and necropsy.

(B) Owners, veterinarians and laboratories who are aware of animals that test positive to a live animal test shall report the test results within seven days to the Ohio department of agriculture, division of animal health. The owner shall submit the animal or tissue from the animal, either before or after death to an approved laboratory for necropsy.

Effective: 12/01/2011
R.C. 119.032 review dates: 03/25/2015
Promulgated Under: 119.03
Statutory Authority: 941.03
Rule Amplifies: 941.06
Prior Effective Dates: 1-10-05

901:1-13-03 Quarantine.

(A) The following flocks and herds shall be quarantined:

(1) An infected flock or herd;

(2) A source flock or herd;

(3) A flock or herd listed by the United States department of agriculture as a non-compliant flock or herd;

(4) An exposed flock or herd in which the animal from the source flock or herd is missing;

(5) A flock in which an animal has been tested and confirmed positive for Nor98 like scrapie shall be quarantined until all animals in the flock have been identified with official individual identification. These animals may be moved off of the premises as allowed in the flock plan and post exposure monitoring plan as described in veterinary services memorandum 557.22.

(B) The following animals shall be quarantined:

(1) A suspect animal;

(2) An exposed animal upon a determination by the designated scrapie/TSE epidemiologist that without a quarantine there is a reasonable likelihood the disease could be spread by the exposed animal;

(3) Animals in an exposed flock or herd upon a determination by the designated scrapie/ TSE epidemiologist that without a quarantine there is a reasonable likelihood the disease was or could have been spread by the exposed animals.

(C) No person shall, without written permission from the Ohio department of agriculture, add to or remove an animal from a flock or herd which is quarantined.

(D) A flock or herd shall be released from quarantine after:

(1) A flock plan is completed;

(2) The flock is considered a compliant flock; or

(3) A permit is issued by the Ohio department of agriculture.

(E) An exposed animal and an animal in an exposed flock shall be released from quarantine when:

(1) The designated scrapie/TSE epidemiologist evaluates factors, including but not limited to, the genetics of the animal, the results of live animal testing, epidemiology and genetics of the source flock, and there is not a reasonable likelihood the disease will be spread by the animal; or,

(2) A permit is issued by the Ohio department of agriculture.

Effective: 05/19/2011
R.C. 119.032 review dates: 03/25/2015
Promulgated Under: 119.03
Statutory Authority: 941.03
Rule Amplifies: 941.07
Prior Effective Dates: 1-10-05

901:1-13-04 Identification.

(A) Animals shipped into or out of Ohio shall be identified by one of the following means:

(1) Electronic implants:

(a) Which are approved for use in animals participating in a scrapie flock certification program (SFCP) and when accompanied by a certificate of veterinary inspection or owner statement that includes the implant numbers and name of the chip manufacturer; or

(b) 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; and

(c) The animal is accompanied by an implant reader which can read the implant in the animal.

(2) Official ear tags which are:

(a) Approved for use in animals participating in a scrapie flock certification program; or

(b) Approved by USDA, APHIS for use in the scrapie eradication program; or

(3) United States department of agriculture backtags, when used on animals moving directly to slaughter;

(4) Tattoos that have been:

(a) Approved for use in animals participating in a scrapie flock certification program; or

(b) Approved by USDA, APHIS for use in the scrapie eradication program; or

(c) Recorded in the record book of an animal registry association when the animal is accompanied by either a certificate of registration from the association or an owner/custodian statement.

(B) Upon change of ownership, an animal shall be identified by one of the means listed in paragraphs (A)(1) to (A)(4) of this rule unless:

(1) The animal is a sheep less than eighteen months old moving in a slaughter channel;

(2) The animal is a goat of any age moving in a slaughter channel.

R.C. 119.032 review dates: 03/25/2010 and 03/25/2015
Promulgated Under: 119.03
Statutory Authority: 941.03
Rule Amplifies: 941.09
Prior Effective Dates: 1-10-05

901:1-13-05 Flock and herd plans.

(A) Flock and herd depopulation plans.

(1) The owner of a flock or herd that participates in a depopulation plan shall:

(a) Report within twenty four hours suspect animals and the deaths of animals over fourteen months of age;

(b) Identify all animals with an official identification as defined in rule 901:1-13-04 of the Administrative Code;

(c) Provide epidemiological information requested by the designated scrapie/TSE epidemiologist;

(d) Authorize breed associations, registries, livestock markets and packers to release any records relating to his or her flock or herd.

(e) Remove all intact animals;

(f) Under the supervision of a state or federal representative; clean and disinfect all buildings, pens, equipment and vehicles used by the quarantined herd or flock; and,

(g) Provide facilities and personnel necessary to carry out the details of a flock or herd depopulation and make animals available for inspection and testing.

(2) An owner who repopulates a flock or herd within five years of depopulation shall either enroll the flock or herd in a scrapie flock certification program, or sign a PEMMP.

(B) Genetic based flock and herd plans.

(1) The owner of a flock or herd that participates in a genetic based flock or herd plan shall:

(a) Remove all intact QQ sheep, offspring of female positive sheep, intact goats, suspects and test-positive animals;

(b) Remove other animals if indicated by genetic results of the scrapie positive animal(s);

(c) Report within twenty four hours any suspect animals and all deaths of animals over fourteen months of age;

(d) Identify all animals with an official identification as defined in rule 901:1-13-04 of the Administrative Code;

(e) Provide epidemiological information requested by the designated scrapie epidemiologist;

(f) Authorize breed associations, registries, livestock markets and packers to release any records relating to the owner's flock or herd;

(g) Apply electronic identification to all exposed animals that are not removed from the flock or herd under the flock/herd plan except sheep with an RR at codon 171;

(h) Under the supervision of a state or federal representative, clean and disinfect all buildings, pens, equipment and vehicles used by the quarantined herd or flock;

(i) Provide facilities and personnel necessary to carry out the details of a depopulation flock or herd and make animals available for inspection and testing; and

(j) Enroll in a scrapie flock certification program or sign a PEMMP.

(C) Exposure based flock plans.

(1) The owner of a flock that participates in an exposure based flock plan shall:

(a) Depopulate the following sexually intact animals, except male sheep that have tested RR at codon 171 and AA at codon 136 using an official genotype test:

(i) The progeny of a scrapie-positive dam;

(ii) Those 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;

(iii) Those 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 that flock completes the requirements of a flock plan; and

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

(b) Depopulate any other animals that are required to be removed under a genotype plan for the flock.

(c) The owner of a flock or herd that participates in a genetic based flock or herd plan shall:

(i) Report within twenty four hours any suspect animals and all deaths of animals over fourteen months of age;

(ii) Identify all animals with an official identification as defined in rule 901:1-13-04 of the Administrative Code;

(iii) Provide epidemiological information requested by the designated scrapie epidemiologist;

(iv) Authorize breed associations, registries, livestock markets and packers to release any records relating to the owner's flock or herd;

(v) Under the supervision of a state or federal representative, clean and disinfect all buildings, pens, equipment and vehicles used by the quarantined herd or flock;

(vi) Provide facilities and personnel necessary to carry out the details of a depopulation flock or herd and make animals available for inspection and testing; and

(vii) Enroll in a scrapie flock certification program or sign a PEMMP.

(D) Post-exposure management and monitoring plan

(1) The owner of a flock or herd that participates in a post-exposure management and monitoring plan shall:

(a) Maintain, and keep for a minimum of five years after an animal dies or is otherwise removed from a flock/herd, the following records for each animal in the flock/herd:

(i) Any identifying marks or tags present on the animal including:

(a) Individual official identification;

(b) Any secondary form of identification the owner of the flock/herd may choose to maintain; and

(ii) Sex, year of birth, breed and when possible to determine, the following: sire, dam and offspring of the animal; and

(iii) Date of acquisition and previous flock/herd, if the animal was not born into the flock/herd; and

(iv) Disposition of the animal including:

(a) Date of death; and

(b) Cause of death; or

(c) Date of removal from the flock/herd; and

(d) Name and address of the person to whom the animal was transferred.

(b) Upon request by a state or APHIS representative, have an accredited veterinarian collect tissues from animals for scrapie diagnostic purposes and submit them to a laboratory designated by a state or APHIS representative.

(c) Upon request by the state or APHIS representative, must make animals in the flock and the records required to be kept as part of these plans available for inspection.

(d) Meet requirements found necessary by a designated scrapie/TSE epidemiologist to monitor for scrapie and to prevent the recurrence of scrapie in the flock and to prevent the spread of scrapie from the flock.

R.C. 119.032 review dates: 03/25/2010 and 03/25/2015
Promulgated Under: 119.03
Statutory Authority: 941.03
Rule Amplifies: 941.06 , 941.07 , 941.09 , 941.11
Prior Effective Dates: 1-10-05