-IR- Database Guide
-IR- Database: Indiana Register

TITLE 345 INDIANA STATE BOARD OF ANIMAL HEALTH

Proposed Rule
LSA Document #21-268

DIGEST

Amends 345 IAC 1-1.5-2 to include factors that may be considered when the state veterinarian is approving forms that qualify as official certificates of veterinary inspection. Amends 345 IAC 1-3-1.5 to clarify the definition of "certificate of veterinary inspection" (CVI). Amends 345 IAC 1-3-7.5 to remove the requirement for a pre-entry permit for cattle and bison moving into Indiana if an electronic CVI has been filed with the board prior to the date of movement. Amends 345 IAC 1-3-11 to remove the requirement for a pre-entry permit for swine moving into the state if an electronic CVI has been filed with the board prior to the date of movement. Amends 345 IAC 1-3-16.5 to clarify reporting requirements for swine moving within a production system. Amends 345 IAC 1-3-31.5 to clarify pre-entry permit requirements for fish moving into Indiana and revise the entities that may issue documentation that certifies the fish have tested negative for the viral hemorrhagic septicemia (VHS) virus. Effective 30 days after filing with the Publisher.




SECTION 1. 345 IAC 1-1.5-2 IS AMENDED TO READ AS FOLLOWS:

345 IAC 1-1.5-2 Certificates of veterinary inspection

Authority: IC 15-17-3-21
Affected: IC 15-17-10-13

Sec. 2. (a) The following qualify as official certificates of veterinary inspection for purposes of IC 15-17 and this title:
(1) A printed or electronic form that meets the following requirements:
(A) The form meets the requirements of IC 15-17 and this rule.
(B) The form is approved by the state veterinarian. When approving printed and electronic forms, the state veterinarian may deny a request for approval of a form that does not:
(i) contain required information; or
(ii) meet security or compatibility standards for state electronic information management systems.
The state veterinarian shall publish a list of approved forms.
(C) The form is issued and signed by a veterinarian who holds the following qualifications:
(i) The veterinarian is accredited by the United States Department of Agriculture under 9 CFR, Subchapter J.
(ii) The veterinarian is licensed to practice veterinary medicine in the state.
(2) A printed or electronic form that is approved by the principal animal health official of another state if the following requirements are met:
(A) The state veterinarian determines that the form meets the requirements for a CVI in IC 15-17 and this title.
(B) The form is issued and signed by a veterinarian who holds the following qualifications:
(i) The veterinarian is accredited by the United States Department of Agriculture (USDA) under 9 CFR, Subchapter J.
(ii) The veterinarian is licensed to practice veterinary medicine in the state of origin.
(3) A printed or electronic form that is approved by the United States Department of Agriculture if the following requirements are met:
(A) The state veterinarian determines that the form meets the requirements for a CVI in IC 15-17 and this title.
(B) The form is issued and signed by a veterinarian who holds the following qualifications:
(i) The veterinarian is accredited by the United States Department of Agriculture (USDA) under 9 CFR, Subchapter J.
(ii) The veterinarian is licensed to practice veterinary medicine in the state of origin.
(4) A printed or electronic form that is approved by the principal animal health official of another country if the following requirements are met:
(A) The state veterinarian determines that the form meets the requirements for a CVI in IC 15-17 and this title.
(B) The form is recognized by the United States Department of Agriculture.
(C) The form is issued and signed by a veterinarian that is recognized by USDA as authorized to prepare official animal health documents for moving animals into the United States.

(b) A CVI that meets the requirements of this rule must be used whenever a CVI is required by IC 15-17 or this title. However, if a statute or rule requires a specific form for a CVI, the more specific requirement shall control over the general requirements in this rule.

(c) Official certificates of veterinary inspection must include the following information:
(1) The species of animals covered by the CVI.
(2) The number of animals covered by the CVI.
(3) The purpose for which the animals are to be moved.
(4) The address at which the animals were loaded for movement.
(5) The address to which the animals are destined.
(6) The names of the consignor and the consignee and their addresses if different from the address at which the animals were loaded or the address to which the animals are destined.

(d) Unless a rule adopted by the board provides an exception, the CVI must list the official identification number of each animal or group of animals moved that is required to be officially identified. Listing of identification numbers may be accomplished according to the requirements in subsection (f). If animals moving under a GIN also have individual official identification, only the GIN must be listed on the CVI. If an animal is identified with an official identification number that adheres to the animal identification number (AIN) system, the AIN number is the only form of identification that must be recorded.

(e) A CVI may not be issued for an animal that is not officially identified if official identification is required. If the animals are not required to be officially identified under a rule adopted by the board, the CVI must state the exemption that applies. If the animals are required to be officially identified but the identification number does not have to be recorded on the CVI, the CVI must state that all animals to be moved under the CVI are officially identified.

(f) As an alternative to typing or writing individual animal identification on a CVI, another document may be used to provide this information under the following conditions:
(1) The document must be either a:
(A) state or United States Department of Agriculture form that requires individual identification of animals; or
(B) printout of official identification numbers generated by a computer or other means approved by the state veterinarian.
(2) A legible copy of the document must be stapled to the original and each copy of the CVI.
(3) Each copy of the document must identify each animal to be moved with the CVI, but any information pertaining to other animals, and any unused space for recording animal identification, must be crossed out in ink.
(4) The following information must be written in ink in the identification column on the original CVI and each copy of the CVI and must be circled or boxed, also in ink, so that no additional information can be added:
(A) The name of the attached document.
(B) Either the unique serial number on the document or, if the document is not imprinted with a serial number, both the names of the person who prepared the document and the date the document was signed.

(g) A veterinarian completing a CVI for animals located in Indiana must file a copy of the CVI with the board not more than seven (7) calendar days after the document is completed. However, if a statute or rule requires a different time frame for submission of documents, the more specific requirement shall control over the general requirements in this rule.

(h) An accredited veterinarian issuing a CVI or other interstate movement document in accordance with this section must keep a copy of the CVI or alternate documentation. Such documents must be kept for at least three (3) years, but the retention period for documents relating to:
(1) cattle;
(2) bison;
(3) sheep;
(4) goats;
(5) cervids; and
(6) equines;
is five (5) years.
(Indiana State Board of Animal Health; 345 IAC 1-1.5-2; filed Sep 29, 2006, 8:56 a.m.: 20061025-IR-345050315FRA; errata filed Oct 3, 2008, 3:30 p.m.: 20081022-IR-345080767ACA; filed Aug 22, 2014, 4:04 p.m.: 20140917-IR-345140057FRA; readopted filed Oct 16, 2014, 9:43 a.m.: 20141112-IR-345140300RFA; readopted filed Jul 14, 2020, 1:42 p.m.: 20200812-IR-345200230RFA)


SECTION 2. 345 IAC 1-3-1.5 IS AMENDED TO READ AS FOLLOWS:

345 IAC 1-3-1.5 Definitions

Authority: IC 15-17-3-21

Sec. 1.5. The definitions in IC 15-17-2 and the following definitions apply throughout this rule:
(1) "Animal identification number" or "AIN" means a numbering system for the official identification of individual animals in the United States that provides a nationally unique identification number for each animal. The AIN consists of fifteen (15) digits, with the first three (3) being the country code (840 for the United States or a unique country code for a U.S. territory that has such a code and elects to use it in place of the 840 code). The AIN beginning with the 840 prefix may not be applied to animals known to have been born outside the United States.
(2) "Approved livestock facility" means a stockyard, livestock market, buying station, concentration point, or any other premises licensed or approved by the board.
(3) "Approved official health certificate" or "approved certificate of veterinary inspection" means an official certificate of veterinary inspection endorsed or approved by the chief livestock health official of the state of origin.
(4) "Approved slaughtering establishment" means any slaughtering facility where domestic animals are slaughtered and processed for human consumption under any of the following:
(A) The federal Meat Inspection Act (21 U.S.C. 601 et seq.).
(B) The federal Poultry Products Inspection Act (21 U.S.C. 451 et seq.).
(C) The Indiana Meat and Poultry Inspection Act (IC 15-17-5).
(5) "Approved tagging site" means a premises authorized by the United States Department of Agriculture or the state veterinarian where livestock may be officially identified on behalf of their owner or the person in possession, care, or control of the animals when they are brought to the premises.
(6) "Approved vaccine" means a vaccine that is:
(A) approved by the board for use in Indiana; and
(B) manufactured under license granted by the Veterinary Biologics Division, United States Department of Agriculture.
(7) "Aquaculture" has the meaning set forth at IC 15-11-7-1.
(8) "Baby calves" means calves of all breeds that are:
(A) without dams; and
(B) under two hundred (200) pounds in weight.
(9) "Board" means the Indiana state board of animal health created under IC 15-17.
(10) "Breeding swine" means a sexually intact swine that is at least six (6) months of age and is not moving in slaughter channels.
(11) "Catch and release fishing activities" means fishing for pleasure or recreational purposes, including tournaments, organized fishing competitions, fishing derbies, or other types of contests where individuals catch, sort, and release live fish into the same waterbody where caught, except any fish used or intended to be used as live bait.
(12) "Certificate of veterinary inspection", "CVI", "official health certificate", or "health certificate" means a printed or electronic form that meets the requirements for a certificate of veterinary inspection in 345 IAC 1-1.5.
(13) "Cervid" or "cervidae" means all members of the cervidae family, such as the following:
(A) Deer.
(B) Elk.
(C) Moose.
(D) Caribou.
(E) Reindeer.
(F) Related species and hybrids thereof.
(14) "Chronic wasting disease" or "CWD" means a transmissible spongiform encephalopathy of cervids.
(15) "Class A", "Class B", or "Class C" state or zone means the state or zone is designated or classified by the United States Department of Agriculture as a brucellosis "A", brucellosis "B", or brucellosis "C" area.
(16) "Commuter herd" means a herd of cattle or bison moved interstate during the course of normal livestock management operations and without change of ownership directly between two (2) premises, as provided in a commuter herd agreement.
(17) "Commuter herd agreement" means a written agreement between the owner or owners of a herd of cattle or bison and the animal health officials in the states of origin and destination specifying the conditions required for the interstate movement from one (1) premises to another in the course of normal livestock management operations and specifying the time period, up to one (1) year, that the agreement is effective. A commuter herd agreement may be renewed annually.
(18) "Dairy cattle" means all cattle, regardless of age or sex or current use, that are of a breed or breeds used to produce milk or other dairy products for human consumption, including, but not limited to, the following:
(A) Ayrshire.
(B) Brown Swiss.
(C) Holstein.
(D) Jersey.
(E) Guernsey.
(F) Milking Shorthorn.
(G) Red and Whites.
(19) "Directly" means moved in a means of conveyance, without stopping to unload while en route, except for stops of less than twenty-four (24) hours to feed, water, or rest the animals being moved, and with no commingling of animals at such stops.
(20) "Domestic animal" has the meaning set forth in IC 15-17-2-26.
(21) "Equine infectious anemia" or "EIA" means the infectious disease equine infectious anemia caused by a lentivirus, equine infectious anemia virus (EIAV).
(22) "Equine infectious anemia test" means the official test for the detection of EIA as defined in 345 IAC 6-1.1.
(23) "Exhibition" means a fair, show, or competition of limited duration that congregates animals from multiple sources on a premises.
(24) "Feeder pigs" means swine under six (6) months of age that are not slaughter swine.
(25) "Flock-based number system" means a combination of a flock identification number (FIN) with a producer's unique livestock production numbering system to provide a nationally unique identification number for an animal.
(26) "Flock identification number" or "FIN" means a nationally unique number assigned by a state or federal animal health authority to a group of animals that are managed as a unit on one (1) or more premises and are under the same ownership.
(27) "Game birds" means domesticated fowl such as:
(A) pheasants;
(B) partridge;
(C) quail;
(D) grouse; and
(E) guineas;
but not doves and pigeons.
(28) "Group/lot identification number" or "GIN" means the identification number used to uniquely identify a "unit of animals" of the same species that is managed together as one (1) group throughout the preharvest production chain. When a GIN is used, it is recorded on documents accompanying the animals moving interstate. It is not necessary to have the GIN attached to each animal.
(29) "Hatchery" means hatchery equipment on one (1) premises operated or controlled by any person, company, or corporation for the hatching of poultry.
(30) "Hatching eggs" means eggs of poultry for hatching purposes, including embryonated eggs.
(31) "Immediate slaughter" means livestock that are designated for slaughter must be slaughtered within seven (7) days of first consignment.
(32) "Johne's disease" means an infectious communicable disease that primarily affects:
(A) cattle;
(B) sheep;
(C) goats; and
(D) other domestic, exotic, and wild ruminants;
also known as paratuberculosis, caused by Mycobacterium paratuberculosis.
(33) "Location-based number system" means a combination of a state issued LID or a PIN with a producer's unique livestock production numbering system to provide a nationally unique and herd-unique identification number for an animal.
(34) "Location identification number" or "LID" means a nationally unique number issued by a state animal health authority to a location as determined by the state in which it is issued. The LID number may be used in conjunction with a producer's own unique livestock production numbering system to provide a nationally unique and herd-unique identification number for an animal. It may also be used as a component of a group/lot identification number (GIN).
(35) "National Poultry Improvement Plan" or "NPIP" means the National Poultry Improvement Plan and Auxiliary Provisions adopted by the board in 345 IAC 4-4-1.
(36) "National Uniform Eartagging System" or "NUES" means a numbering system for the official identification of individual animals in the United States that provides a nationally unique identification number for each animal.
(37) "Official eartag" means an identification tag approved by the state veterinarian that bears an official identification number for individual animals. All official eartags applied to animals must bear the official eartag shield. The official eartag must be tamper resistant and have a high retention rate in the animal.
(38) "Official eartag shield" means the shield-shaped graphic of the U.S. Route Shield with "U.S." or the state postal abbreviation or Tribal alpha code imprinted within the shield.
(39) "Official identification number" means a nationally unique number that is permanently associated with an animal or group of animals and that adheres to one (1) of the following systems:
(A) National Uniform Eartagging System (NUES).
(B) Animal identification number (AIN).
(C) Location-based number system.
(D) Flock-based number system.
(E) Any other numbering system approved by the state veterinarian for the official identification of animals.
(40) "Officially identified" means identified by a means of an official identification device or method approved by the state veterinarian under 345 IAC 1-2.6.
(41) "Official test" means a disease detection test approved by the state veterinarian conducted in a laboratory approved by the state veterinarian.
(42) "Owner-shipper statement" means a statement signed by the owner or shipper of the livestock being moved that contains the following information:
(A) The location from which the animals are moved.
(B) The destination of the animals.
(C) The number of animals covered by the statement.
(D) The species of animals covered.
(E) The name and address of the owner at the time of the movement.
(F) The name and address of the shipper.
(G) The identification of each animal, unless a rule adopted by the board specifically provides that the identification does not have to be recorded.
(43) "Permit" means a permit for importation of domestic animals issued by the state veterinarian.
(44) "Poultry" means domesticated fowl, including the following:
(A) Chickens.
(B) Turkeys.
(C) Ostriches.
(D) Emus.
(E) Rheas.
(F) Cassowaries.
(G) Waterfowl.
(H) Game birds.
The term does not include doves and pigeons.
(45) "Premises identification number" or "PIN" means a nationally unique number assigned by the state veterinarian to a livestock production unit that is, in the judgment of the state veterinarian, a geographically distinct location from other premises.
(46) "Quarantine" means a law or an order restricting or prohibiting the movement of animals:
(A) onto or off of a premises; or
(B) into or out of an area.
(47) "State veterinarian" means the state veterinarian appointed under IC 15-17-4 or an authorized agent.
(48) "VHS" means viral hemorrhagic septicemia.
(49) "VHS-affected or at-risk region" means a state, province, or other region designated by the state veterinarian as affected or at-risk for VHS based upon current data related to the prevalence of the pathogen in the region.
(50) "VHS-susceptible species of live fish" means those species designated by the state veterinarian that are known to be carriers of the VHS pathogen and that present a significant risk to the aquatic resources of the state.
(51) "Waterfowl" means domesticated fowl that normally swim, such as ducks and geese.
(Indiana State Board of Animal Health; 345 IAC 1-3-1.5; filed Jan 8, 1986, 2:52 p.m.: 9 IR 990; filed Dec 2, 1994, 3:52 p.m.: 18 IR 855; filed Oct 11, 1996, 2:00 p.m.: 20 IR 738; errata filed Jan 2, 1997, 4:00 p.m.: 20 IR 1124; filed Jan 6, 1999, 4:22 p.m.: 22 IR 1477; errata filed Mar 31, 1999, 9:36 a.m.: 22 IR 2534; filed Jan 4, 2001, 1:59 p.m.: 24 IR 1334; readopted filed May 2, 2001, 1:45 p.m.: 24 IR 2895; filed Sep 29, 2006, 8:56 a.m.: 20061025-IR-345050315FRA; readopted filed Feb 9, 2007, 9:42 a.m.: 20070307-IR-345060512RFA; errata filed Oct 3, 2008, 3:30 p.m.: 20081022-IR-345080767ACA; readopted filed Aug 7, 2013, 8:32 a.m.: 20130904-IR-345130236RFA; filed Aug 22, 2014, 4:04 p.m.: 20140917-IR-345140057FRA; filed Dec 4, 2014, 2:06 p.m.: 20141224-IR-345140235FRA; readopted filed Jul 14, 2020, 1:42 p.m.: 20200812-IR-345200230RFA)


SECTION 3. 345 IAC 1-3-7.5 IS AMENDED TO READ AS FOLLOWS:

345 IAC 1-3-7.5 Movement of cattle and bison into Indiana

Authority: IC 15-17-3-13; IC 15-17-3-21
Affected: IC 15-17-15-12

Sec. 7.5. (a) Except as provided in subsection (b), a person responsible for moving cattle and bison of the following types into Indiana must officially identify the animals under 345 IAC 1-2.6-3:
(1) All sexually intact cattle and bison at least eighteen (18) months of age.
(2) All female dairy cattle of any age and all dairy bulls and steers born after March 11, 2013.
(3) Cattle and bison of any age used for:
(A) rodeos;
(B) shows;
(C) exhibitions; or
(D) other recreational events.

(b) The following types of movements of cattle and bison are exempt from the identification requirements in subsection (a):
(1) The cattle and bison are moved as a commuter herd with a copy of the commuter herd agreement.
(2) The cattle and bison are moved directly from a location in one (1) state through another state to a second location in the original state.
(3) The cattle and bison are moved into the state directly to an approved tagging site and are officially identified before commingling with cattle and bison from other premises, or identified by the use of backtags or other methods that will ensure that the identity of the animal is accurately maintained until tagging so that the official eartag can be correlated to the person responsible for shipping the animal to the approved tagging site.
(4) The cattle and bison are moved directly to an approved slaughtering establishment or directly to not more than one (1) approved livestock facility and then directly to an approved slaughtering establishment, where they are harvested within three (3) days of arrival and:
(A) they are moved with a backtag approved by the United States Department of Agriculture; or
(B) a backtag approved by the United States Department of Agriculture is applied to the cattle or bison at the approved slaughtering establishment or approved livestock facility.
(5) The movement has been authorized by the state veterinarian to be conducted with a different form of identification than what is required in subsection (a) to facilitate disease control.

(c) A person responsible for moving cattle and bison into Indiana must ensure that the animals are accompanied by the following documentation:
(1) Except as provided in this subsection and subsection (d), a pre-entry permit must be obtained from the state veterinarian. The permit number shall be recorded:
(A) on the certificate of veterinary inspection associated with the permitted animals; or
(B) if a certificate of veterinary inspection is not required, the owner-shipper statement accompanying the shipment.
The certificate of veterinary inspection or owner-shipper statement with the correct permit number must be in possession of the person in charge of the animals during movement. A pre-entry permit is not required when, prior to moving the animals into the state, a certificate of veterinary inspection in an electronic form is submitted to the state veterinarian.
(2) Except as provided in subsection (d), a CVI must be prepared for the animal that meets the requirements of 345 IAC 1-1.5-2. A CVI issued in accordance with this section must be issued within the thirty (30) days immediately prior to the date of movement. An animal may be moved with another form of documentation, such as an owner-shipper statement, provided that it is authorized by the state veterinarian or another rule adopted by the board.

(d) The following movements of cattle and bison may occur without a permit or CVI:
(1) Animals that are moved directly to an approved slaughtering establishment, or directly to an approved livestock facility and then directly to an approved slaughtering establishment. The animals must be accompanied by an owner-shipper statement, but animals may be moved to an approved livestock facility without an owner-shipper statement if the information required to be present on this statement is obtained by the facility upon arrival.
(2) Animals that are moved directly to an approved livestock facility and do not move interstate from the facility unless accompanied by a CVI. The animals must be accompanied by an owner-shipper statement, unless the information required to be present on this statement is obtained by the facility upon arrival.
(3) Animals that are moved from the farm of origin for veterinary medical examination or treatment and returned to the farm of origin without change in ownership.
(4) Animals that are moved directly through the state en route to another state.
(5) Animals that are moved directly from a location in one (1) state through another state to a second location in the original state.
(6) Animals that are moved as a commuter herd with a copy of the approved commuter herd agreement.
(7) Animals that have been approved by the state veterinarian to be moved into the state with another form of documentation to facilitate disease control.

(e) The official identification number of cattle or bison must be recorded on the CVI or alternate documentation unless the cattle or bison are:
(1) moved from an approved livestock facility directly to an approved slaughtering establishment; or
(2) sexually intact cattle or bison under eighteen (18) months of age or steers or spayed heifers.
This exception does not apply to sexually intact dairy cattle of any age or to cattle or bison used for rodeo, exhibition, or recreational purposes.

(f) Cattle and bison moved into Indiana must meet the following disease control requirements:
(1) Brucellosis control requirements in 345 IAC 2-6.
(2) Tuberculosis control requirements in 345 IAC 2.5-3.
(3) Johne's disease control requirements in 345 IAC 2-8.
(Indiana State Board of Animal Health, 345 IAC 1-3-7.5; filed Aug 22, 2014, 4:04 p.m.: 20140917-IR-345140057FRA; readopted filed Jul 14, 2020, 1:42 p.m.: 20200812-IR-345200230RFA)


SECTION 4. 345 IAC 1-3-11 IS AMENDED TO READ AS FOLLOWS:

345 IAC 1-3-11 Moving swine into Indiana

Authority: IC 15-17-3-21
Affected: IC 15-17

Sec. 11. (a) Except as provided in subsection (c), a person moving swine into the state must officially identify the swine under the requirements in 345 IAC 1-2.6-4.

(b) A person moving swine into the state must identify the swine at the earliest of the following:
(1) The point of first commingling the swine with swine from any other source.
(2) Upon unloading the swine at a livestock market.
(3) Before transfer of ownership.
(4) Before arrival at the animal's final destination.

(c) A person may move swine into the state without individually and uniquely identifying each animal if one (1) of the following sets of procedures are followed:
(1) Using the procedures in section 16.5 of this rule.
(2) The swine are kept as a group during movement to their final destination and the following requirements are met:
(A) The animals were born on the same premises.
(B) The animals were raised on the same premises.
(C) They are moved directly to a slaughter establishment from the place where they were raised.
(D) They are not commingled with swine from any other premises prior to arriving at the slaughter establishment.
(E) Approved identification is applied to the swine at the slaughter establishment or the animals are slaughtered one after another as a group and not mixed with other swine at slaughter.

(d) Except as provided in this subsection and subsection (e), swine transported into Indiana must be accompanied by the following documentation:
(1) A permit must be obtained from the state veterinarian. The permit number shall be recorded:
(A) on the certificate of veterinary inspection associated with the permitted animals; or
(B) if a certificate of veterinary inspection is not required, the owner-shipper statement accompanying the shipment.
The certificate of veterinary inspection or owner-shipper statement with the correct permit number must be in possession of the person in charge of the animals during movement. A pre-entry permit is not required when, prior to moving the animals into the state, a certificate of veterinary inspection in an electronic form is submitted to the state veterinarian.
(2) A CVI must be prepared for the animal that meets the requirements of 345 IAC 1-1.5-2. A CVI issued under this section must be issued within the thirty (30) days immediately prior to the date of movement. An animal may be moved with another form of documentation, such as an owner-shipper statement, when authorized by the state veterinarian to facilitate disease control.

(e) The following types of movements of swine are exempt from the documentation requirements in subsection (d):
(1) Swine moving within a production system under the requirements in section 16.5 of this rule.
(2) Swine moving direct to slaughter, or to a licensed livestock market for resale as direct to slaughter, under the requirements in section 10 of this rule.
(3) Swine that are moved directly to an approved livestock facility and accompanied by an owner-shipper statement, unless the information that is required to be present on the statement is obtained by the facility upon arrival.
(4) Swine moving directly through the state en route to another state.

(f) Swine moving into Indiana must be in compliance with the following disease control requirements:
(1) Brucellosis control in 345 IAC 3-4.
(2) Pseudorabies control in 345 IAC 3-5.1.

(g) A person may not transport any of the following swine into the state:
(1) Swine that originate from a herd that has been fed garbage as defined in 345 IAC 1-2.1-1.
(2) Feral swine.
(Indiana State Board of Animal Health; Reg 76-1, Title IV, Sec 1; filed Aug 10, 1976, 10:29 a.m.: Rules and Regs. 1977, p. 133; filed May 2, 1983, 10:02 a.m.: 6 IR 1043; filed Sep 1, 2000, 2:03 p.m.: 24 IR 6; readopted filed May 2, 2001, 1:45 p.m.: 24 IR 2895; filed Dec 19, 2002, 12:05 p.m.: 26 IR 1524; readopted filed Feb 9, 2007, 9:42 a.m.: 20070307-IR-345060512RFA; readopted filed Aug 7, 2013, 8:32 a.m.: 20130904-IR-345130236RFA; filed Aug 22, 2014, 4:04 p.m.: 20140917-IR-345140057FRA; readopted filed Jul 14, 2020, 1:42 p.m.: 20200812-IR-345200230RFA)


SECTION 5. 345 IAC 1-3-16.5 IS AMENDED TO READ AS FOLLOWS:

345 IAC 1-3-16.5 Interstate movement of swine within a production system

Authority: IC 15-17-3-21
Affected: IC 15-17-3-13

Sec. 16.5. (a) For the purposes of this section the following apply:
(1) A swine production health plan for a swine production system must be designed to maintain the health of the swine and detect signs of communicable disease and must meet the following requirements:
(A) The plan must be in writing.
(B) The plan must identify all premises that are part of the swine production system that are in the state and that receive swine from outside the state or send swine out of the state.
(C) The plan must provide for inspections of identified premises by the swine production system accredited veterinarian at intervals not greater than thirty (30) days.
(D) The plan must describe the swine production system record keeping system.
(E) The plan must be signed by an official of each swine production system identified in the plan, the swine production system accredited veterinarian or veterinarians, a United States Department of Agriculture official, the state veterinarian, and a state animal health official from each state in which the swine production system has premises.
(2) A swine production system is a swine production enterprise that consists of multiple sites of production that are connected by ownership or contractual relationships, between which swine move while remaining under the control of a single owner or a group of contractually connected owners. However, slaughter plants and livestock markets are not part of a swine production system.

(b) A person may move swine into the state without a permit and certificate of veterinary inspection required under section 11 of this rule and without individual animal identification if the following requirements are met:
(1) The animals may not be moved to a livestock market or concentration point.
(2) The animals must be moved only to another premises identified in a valid swine production health plan for that swine production system. The swine production health plan for the swine production system must be approved by the state veterinarian and allow for the movement.
(3) The swine production system accredited veterinarian must have found the swine to be free from signs of any communicable disease during the most recent inspection of the originating premises. The inspection must have been within the thirty (30) days prior to movement.
(4) Prior to the movement, the person moving swine must deliver a report of the proposed movement to the swine production system accredited veterinarian for the premises of origin, the state animal health official for the state of origin, and the state veterinarian.
(5) During movement and after arriving at the destination premises, the swine may not be commingled with other swine in a manner that prevents identification of the premises of origin for each animal. Permanent marking of animals, physical separation, and any other effective means may be used to identify the premises of origin.
(6) The swine production system must keep the following records for not less than three (3) years:
(A) A copy of each swine production health plan signed by the producer.
(B) All interstate swine movement reports issued by the producer.
(C) All reports issued by the swine production system accredited veterinarian that document the health status of the swine on the premises.
(D) Records that will allow a state or federal official to trace any animal on the premises back to its previous premises.
(7) The swine health production system must allow state and federal officials access to the premises upon request to inspect animals and review records.
(8) Once each month each swine production system must send the state veterinarian a written summary of the number of animals moved into the state in the past month, the premises from which they were moved, and the premises to which they were moved.

(c) The following procedures apply to the cancellation of, or withdrawal from, a swine production health plan:
(1) A swine production system may withdraw one (1) or more of its premises from the swine production health plan by giving written notice to all parties signing the plan. The withdrawal shall be effective on the date specified in the notice.
(2) The state veterinarian may cancel the board's participation in a swine production health plan by giving written notice to all parties signing the plan. The state veterinarian may cancel state approval if the state veterinarian determines that it is necessary or helpful to protect animal or public health, or if the swine production system violates a law enforced by the board. The cancellation shall be effective on the date specified in the notice.
(Indiana State Board of Animal Health; 345 IAC 1-3-16.5; filed Dec 19, 2002, 12:05 p.m.: 26 IR 1527; readopted filed Feb 9, 2007, 9:42 a.m.: 20070307-IR-345060512RFA; readopted filed Aug 7, 2013, 8:32 a.m.: 20130904-IR-345130236RFA; filed Aug 22, 2014, 4:04 p.m.: 20140917-IR-345140057FRA; readopted filed Jul 14, 2020, 1:42 p.m.: 20200812-IR-345200230RFA)


SECTION 6. 345 IAC 1-3-31.5 IS AMENDED TO READ AS FOLLOWS:

345 IAC 1-3-31.5 Movement of fish into Indiana

Authority: IC 15-17-3-21

Sec. 31.5. (a) Except as provided in subsection (b), a person responsible for moving VHS-susceptible species of live fish into the state must ensure that the following requirements are met:
(1) A pre-entry permit must be obtained from the state veterinarian. An application for a pre-entry permit must be submitted to the board on a form provided by the state veterinarian and includes the following information:
(A) Name of the owner of the facility of origin.
(B) Owner contact information.
(C) Location of the facility of origin.
(D) Name and contact information for the fish health inspector for the facility of origin.
(E) Name and contact information for the owner of the destination of the fish.
(F) Address of the destination of the fish.
(G) Name, contact information, and IDNR permit information for the fish hauler.
(H) Size, quantity, and species of fish in the proposed movement.
(I) Anticipated date or window for movement.
(J) Signature and affiliation of applicant attesting to the accuracy of the information provided.
A copy of the permit, or a CVI bearing the permit number, must be in possession of the person in charge of the fish during movement.
(2) An individual who has obtained a pre-entry permit under this subdivision may provide the destination information required in subdivision (1)(E) and (1)(F) by submitting a fish destination report within thirty (30) days of the end of the pre-entry permit period. A fish destination report is submitted to the board on a form provided by the state veterinarian and includes the following information:
(A) Name and address of the pre-entry permit holder.
(B) Pre-entry permit number and expiration date.
(C) The location, owner and contact information, dates, species, and numbers of fish for each destination.
(D) Signature attesting to accuracy of information from person holding the pre-entry permit.
(2) (3) VHS-susceptible species of live fish moved into the state from a VHS-affected or at-risk region must be transported with documentation from the appropriate state, tribal, a licensed and accredited veterinarian or federal authority for aquatic animal health stating a laboratory that certifies the fish are originate from a group of fish or facility certified as having that has tested negative for the VHS virus according to either of the following standards:
(A) United States Fish and Wildlife Service, Animal Fisheries Society-Fish Health Section (USFWS/AFS-FHS) Standard Procedures for Aquatic Animal Health Inspections section of the Suggested Procedures for the Detection and Identification of Certain Finfish and Shellfish Pathogens 2012 Edition, American Fisheries Society, Fish Health Section, Bethesda, Maryland (commonly referred to as the AFS Blue Book).
(B) World Health Organization for Animal Health (OIE) Manual of Diagnostic Tests for Aquatic Animals, Seventh Edition (2012), Chapter 2.3.9, and the Aquatic Code, Sixteenth Edition (2013), Chapter 10.9, OIE, Paris, France.
A laboratory that certifies fish under this subdivision must be proficient in performing VHS tests according to the AFS Blue Book or OIE standards.

(b) VHS-susceptible species of live fish that are transported directly to a:
(1) slaughter facility to be processed for human consumption; or
(2) research and diagnostic laboratory;
are not required to be tested as required in subsection (a) if appropriate waste water discharge controls are in place at the receiving facility to prevent the possible spread of disease.

(c) The following types of movements of VHS-susceptible species of live fish are exempt from the permit and testing requirements in subsection (a):
(1) The fish are the subject of catch and release fishing activities.
(2) The fish are being transported directly through the state en route to another state.
(3) The state veterinarian has approved the movement to occur without a permit or VHS testing in order to facilitate disease control.

(d) A person moving VHS-susceptible species of fish into the state under the requirements of this section must keep a copy of the movement documents for at least two (2) years.

(e) The state veterinarian may deny a permit required under subsection (a) when a determination is made that the transport of the fish would present a significant risk to the health of the aquatic resources of the state.
(Indiana State Board of Animal Health; 345 IAC 1-3-31.5; filed Dec 4, 2014, 2:06 p.m.: 20141224-IR-345140235FRA; readopted filed Jul 14, 2020, 1:42 p.m.: 20200812-IR-345200230RFA)



Posted: 08/18/2021 by Legislative Services Agency

DIN: 20210818-IR-345210268PRA
Composed: Dec 07,2022 9:26:37AM EST
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