No animal, including poultry or bird of any species, which is affected with, or has recently been exposed to any infectious, parasitic, or transmissible disease, or animals originating in a herd or area under quarantine, or animals which do not meet the import requirements as set forth below, may be brought into Maryland without written permission for the importation from the Secretary. Application for this permission shall be made in writing by the person wishing to import the animals, at least 10 days before the anticipated movement. Issuance of all permits for importation will be at the discretion of the Secretary. All animals imported under special permits and all animals that do not meet the requirements of these regulations are subject to a period of quarantine, and are required to undergo, at the owner's risk and expense, such test or tests as the Secretary may prescribe. “Department” means Maryland Department of Agriculture. “Secretary” means the Secretary of Agriculture or the Secretary’s designee. Definition. An official certificate of health is a legible certificate made on an official form issued and approved by the chief animal health official of the state of origin, or the U.S. Department of Agriculture. Preparation. Health certificates shall be prepared by veterinarians in the employ of the state of origin, by those in the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, by accredited veterinarians or licensed graduate veterinarians. The veterinarians shall be approved by the recognized animal health official of the state of origin. How Used. Livestock and poultry imported into Maryland shall be accompanied by an approved health certificate or permit, which shall be attached to the waybill or shall be in the possession of the driver of the vehicle or the person in charge of the livestock. A health certificate or permit will be void after 30 days. Contents. The health certificate shall contain the name and address of the consignor and the consignee, with an accurate description or identification of the livestock. It shall give appropriate dates and descriptions, by name, of current disease tests specifically required, and shall give the health status of the herd of origin, when required. A copy of the approved certificate shall be forwarded to the Department. Sanitation of Conveyances. All trucks, railway cars, and other conveyances, used for the transportation of livestock and poultry, shall be maintained in a sanitary condition. The owners and operators of railway cars, trucks, and other conveyances, that have been used for intrastate or interstate movements of any livestock or poultry infected with, or exposed to, an infectious or transmissible disease, shall be required to have the cars, trucks, and other conveyances and crates, coops, and boxes thoroughly cleaned and disinfected, under official supervision. Proper notice of cleaning and disinfection or certification shall be attached to the waybill or be in the possession of the operator of the truck or other conveyances. Tuberculosis Requirements. Cattle, which originate directly or indirectly from herds where infection with Mycobacterium bovis (Bovine Tuberculosis) has been known to exist within the past 3 years, may not be imported into the State, except for immediate slaughter. Cattle for dairy and breeding purposes, feeder cows, heifers and bulls of beef breeds, including calves and cattle for exhibition purposes, may be imported into Maryland provided they meet the following requirements: Cattle originating directly from accredited tuberculosis free states—no tuberculosis test required; Cattle originating from modified accredited tuberculosis free states: Originating directly from accredited tuberculosis free herds—no tuberculosis test required, Originating directly from herds tested negative within the previous 12 months and provided the animals to be moved were included in the herd test or were natural additions under 1 year old—no tuberculosis test required, Cattle over 6 months old not qualifying under §A(2)(b)(i) or A(2)(b)(ii), above, require a negative tuberculin test within 60 days before import. Steers, except those for exhibition purposes, and spayed heifers are exempt from the requirements in §§A(2)(a) and A(2) (b), above. Brucellosis (Bang's Disease) Requirements. Cattle from herds which contain brucellosis suspects, or from herds under quarantine or restriction of any kind, are not eligible for entry without a prior written permit from the Secretary. Cattle for dairy and breeding purposes, feeder cows, heifers and bulls or beef breeds, including calves and cattle for exhibition purposes, may be imported into Maryland, provided they meet the following requirements: Cattle originating from herds not under restriction in certified brucellosis free states—no brucellosis test required; Cattle from all states not certified brucellosis free: Originating directly from certified brucellosis free herds—no brucellosis test required, All other cattle except steers shall originate directly from qualified herds* shall comply with one of the following: Be official vaccinates under 24 months old with vaccination dates recorded on the interstate certificate, Be under 6 months old, Be tested negative within 30 days before entry into Maryland. In all brucellosis procedures and policies not stated above, the latest edition of “Recommended Uniform Methods and Rules” shall apply. Health Certificates. Cattle conforming to the preceding tuberculosis and brucellosis requirements will be accompanied by a health certificate issued by an accredited veterinarian or a licensed graduate veterinarian and approved by the proper animal health official of the state of origin. The certificate shall contain: A statement certifying that the cattle are free from any evidence of an infectious, parasitic, or transmissible disease, and have not been recently exposed to the same; The tuberculosis and brucellosis status of the herd and area in which the imported cattle originate, the date and results of brucellosis and tuberculin tests when required, description, age, tag, or tattoo number, specific brand, registry name and number of each animal to be imported. The names and addresses of the owner consignor and consignee shall be clearly legible. Public Stockyards and Auctions. Cattle approved for entry into Maryland as free from tuberculosis or brucellosis may not be assembled, handled, or confined in any public stockyard, livestock auction, sales stable or yard, unless they are properly segregated in thoroughly cleaned disinfected pens to prevent their exposure to infected cattle or premises. Immediate Slaughter. Apparently healthy cattle of strictly slaughter type to be used only for immediate slaughter may be imported into the State without a health certificate or tuberculosis or brucellosis test, provided the cattle are: Accompanied by a waybill and consigned for immediate slaughter to a recognized public stockyard where federal or State veterinary inspection is maintained; Shipped to a slaughtering establishment or slaughtering center that is approved and designated by the Animal and Plant Health Inspection Service, United States Department of Agriculture, and the animal health official in the state of destination. The cattle shall be slaughtered within 10 days after arrival at destination, except when the 10 day period is extended by special permit from the Department. These animals may be imported into Maryland when accompanied by a health certificate, issued by an official veterinarian of the state of origin or of the Animal and Plant Health Inspection Service, United States Department of Agriculture, accredited veterinarian or a licensed graduate veterinarian who has been approved by the proper animal health official of the state of origin. The health certificate shall give the name and address of the consignor and consignee and an accurate description of the animal or animals and certify that the animal or animals, as determined by a physical examination, are free from any evidence of an infectious, transmissible, or parasitic disease and have not been recently exposed to any infectious, transmissible, or parasitic disease. All equines over 9 months old entering the State shall have been found negative to an official test for equine infectious anemia made within 12 months before entry and shall be accompanied by a copy of the negative test results. A copy of the approved health certificate shall be forwarded to the Department before the arrival of the animals at their destination. Equines not known to be affected with infectious, transmissible, or parasitic disease and not under restriction are exempt from the interstate health certificate requirement provided they are consigned directly to a Maryland licensed market or auction which handles equines. All goats entering the State for purposes other than immediate slaughter shall be accompanied by an approved interstate health certificate showing a negative test for tuberculosis and brucellosis conducted within 30 days before the date of entry, and that they are clinically free from symptoms of all other infectious and communicable diseases. All sheep and lambs entering the State for purposes other than immediate slaughter shall be accompanied by an approved interstate health certificate, indicating that the flock of origin was examined not more than 30 days before entry, and that the examination revealed no symptoms of scabies, contagious ecthyma, foot rot, or any other infectious or communicable disease. All dogs imported into Maryland shall be accompanied by a certificate of health issued by an accredited or a licensed graduate veterinarian and approved by the proper animal health official of the state of origin. The certificate shall state that the dog or dogs: Are free from symptoms of any infectious or communicable disease; Did not originate within an area under quarantine for rabies; and Have been vaccinated (except puppies under 4 months old) within 12 months of shipment with killed rabies vaccine or within 3 years with a modified live virus rabies vaccine. Dogs consigned directly to research facilities, licensed dealers, or both, as defined by Federal Law No. PL 89-544 are exempted from provisions of this regulation. A health certificate will not be required for dogs entering the State temporarily for exhibition purposes, provided the other stated health requirements have been fulfilled. Wild and semi-wild animals under domestication or in custody may be imported into the State, provided that a report of the number of animals is made to the Department, within 72 hours after arrival. Immediate opportunity for examination shall be afforded a representative of the Department, to determine the health status of the animals before the wild animals are released from confinement. Agriculture Article, §3-101, Annotated Code of Maryland Effective date: July, 1972 Regulation .05 amended effective January 19, 1977 (4:2 Md. R. 89) “Brucellosis exposed animal” means a bull, cow, or calf that: Is part of a herd known to be infected with brucellosis; Has been in contact with a brucellosis reactor in marketing or other channels for 24 hours or more; or Has been in contact with a brucellosis reactor for less than 24 hours if the brucellosis reactor has aborted or calved within the preceding 30 days, or the reactor has a vaginal or uterine discharge. “Department” means Maryland Department of Agriculture. “Official brucellosis test” means a test or combination of tests performed in an approved State-federal brucellosis laboratory and approved by the Secretary. “Reactor”. The definition of a reactor in “Uniform Methods and Rules” shall apply. “Secretary” means the Secretary of Agriculture or the Secretary’s designee. “Suspect”. The definition of a suspect in “Uniform Methods and Rules” shall apply. “Uniform Methods and Rules” means the latest published edition of “Recommended Uniform Methods and Rules--Brucellosis Eradication” as adopted and published by the U.S. Department of Agriculture following recommendations of the Brucellosis Committee of the United States Animal Health Association. Individual tests of any or all animals in a herd will be carried out whenever the Secretary has reason to suspect brucellosis infection may exist among the animals or they have been exposed to the infection. Tests of any or all herds may be done whenever the Secretary, in his judgment, deems it necessary to prevent the spreading of this disease. At least three times per year, a sample of milk or cream will be collected at the milk plant, creamery, or other location from each herd offering milk or cream for sale, by the office of Animal Health, personnel or by other persons approved by the Director, and the milk sample will be subjected to the milk ring test. Additional samples may be taken at the farm, if deemed advisable by the Director, and subjected to the milk ring test. A herd from which a suspicious or positive milk sample is received will immediately be placed under such restriction or quarantine as the Secretary shall order, until it has been established by official individual animal testing whether brucellosis exists in the herd. All cattle 2 years old and older, except steers, consigned to slaughter shall be identified at the first point of concentration by an official market cattle identification tag or other method approved by the Secretary. The official identification may not be removed from any animal until slaughtered. Every slaughtering establishment in Maryland shall collect at the time of slaughter a blood sample together with all man-made identification from all cattle 2 years old or older, except steers, regardless of whether they bear official identification. The blood sample shall be protected from conditions causing deterioration, and along with all man-made identification of the animal, shall be submitted to a Department animal health laboratory for brucellosis testing. Brucellosis Reactors. Brucellosis reactors, revealed by an official brucellosis test, shall be tagged, within 15 days of the date of the test, in the left ear with a reactor tag, and branded on the left jaw with the letter “B”, no smaller than 2 inches or larger than 3 inches in height. Reactors shall be shipped to slaughter under written permit or disposed of in another manner approved by the Secretary within 15 days after branding. The remainder of the herd shall be placed under quarantine and handled as exposed cattle. Exposed Cattle. Brucellosis exposed cattle shall be quarantined and may be moved from the premises only for immediate slaughter and upon written permit. In addition, exposed cattle shall be heat branded on the left jaw with the letter “S” at least 2 inches by 2 inches and identified with an approved metal ear tag at the first point of concentration in Maryland or before leaving the original premises to pass interstate. The following exceptions apply: Calves under 6 months old which are nursed by brucellosis exposed cows in a herd known to be infected with brucellosis, which herd has been brucellosis tested negative within 10 days before movement; calves under 6 months old that have been weaned from a brucellosis reactor or exposed cows for not less than 30 days immediately preceding the movement may be moved without a brand provided the calves are accompanied by a permit. Steers and spayed heifers over 6 months old may be moved without restriction. Exposed animals shall remain under quarantine until sent to slaughter or subjected to tests at intervals the Secretary may require to determine if they are free of brucellosis infection. Suspects will be quarantined to the premises where revealed until retested negative or sent to slaughter under permit. Herds containing one or more suspects may be quarantined or placed under such restriction as the Secretary may require. Federal and State indemnities will be paid to owners of brucellosis reactors depending upon the allocation of funds. Owners of purebred reactors shall surrender registration papers at the time of appraisal. While in transit, all brucellosis suspects, reactors, and exposed cattle shall be accompanied by an official shipping permit issued by a regulatory official. These animals shall be shipped for immediate slaughter and may not be diverted in transit. Animals transported with a reactor shall be consigned to immediate slaughter unless the reactors are kept separate from the other animals by a partition securely affixed to the sides of the vehicle. The premises from which a reactor is removed shall be cleaned and disinfected with an approved disinfectant under regulatory supervision within 15 days after removal of the reactor, unless the procedure is considered unnecessary by the Secretary. On and after July 1, 1976, the age for official vaccination of calves with Strain 19 Brucella Vaccine shall be as follows: All heifers, regardless of breed--2 to 6 months (60 through 179 days) old; Heifers vaccinated after July 1, 1976, older than 179 days will not be eligible for indemnity if found to be reactors on a blood test after the animal is 24 months old. In all procedures and policies relating to the eradication of brucellosis in cattle not covered above, the latest published edition of “Recommended Uniform Methods and Rules” shall apply. Agriculture Article, §3-101, Annotated Code of Maryland Effective date: March, 1968 Regulations .01, .04B, .05, .08, .09, and .10 amended effective December 2, 1977 (4:25 Md. R. 1915) “Department” means Maryland Department of Agriculture. “Secretary” means Secretary of Agriculture or the Secretary’s designee. All bovine animals are subject to inspection for evidence of infectious disease including those caused by parasites. Affected and exposed animals are not eligible for movement to Maryland farms and shall be consigned directly to slaughter or handled in such a manner as specified by the Secretary. Diagnostic tests of cattle may be required when it is considered necessary. Cattle classified as suspects or reactors as a result of a test performed at a stockyard or auction market, shall be consigned directly to slaughter, or handled in such manner as specified by the Secretary, and no indemnity paid. Exposed animals will be handled at the discretion of the Secretary. It is prohibited for any person or persons to: Conceal the identity or origin of a bovine animal within the State; or Remove manually, for the purpose of concealing or falsely representing the identity of the animal, any means of identification such as back tag, ear tag, tattoo, or other means of identification recognized by the Secretary. Records of Animals Received and Disposed of. It shall be the duty of each livestock dealer and livestock market operator to maintain a record covering all animals received and disposed of. These records shall include the date of receipt and date of sale, and the name and address of the consignor and purchaser. Each animal shall be identified by a metal ear tag number, tattoo number, purebred name and registry number, or a horn or hoof brand number, by breed, sex, age, and approximate weight, the health status and the purpose for which the animals are consigned, that is, for breeding, feeding, grazing, or milk production. Individual identification is not required for: Steers, or spayed heifers; Calves under 8 months old of beef type for feeding and grazing purposes. These records shall be retained for a period of 3 years. It shall be the duty of every livestock trucker, livestock dealer, livestock market operator, and slaughtering establishment subject to or maintaining meat inspection, to identify upon receipt, unless already identified by back tag, all bovine breeding animals 2 years old and over originating from herds in this State and received for sale or shipment to a slaughtering establishment. The identification, unless otherwise authorized by the Secretary, shall consist of an official back tag issued by the Department or the Animal and Plant Health Inspection Service, U.S.D.A., and shall be affixed to the animals at a point approximately 4 inches behind the shoulder and 4 inches below the top line. Every person required to identify animals in accordance with this regulation shall file reports, on forms prescribed and at intervals prescribed by the Secretary, of all animals identified including the back tag number and date of application, and the name, address, and county of residence of the person who owned or controlled the herd from which the animals originated. The requirements of this regulation may not apply to livestock truckers with respect to animals received for delivery directly to a livestock market agreeing to accept responsibility for back tag identification, if at the time of delivery the market is furnished with information identifying the herd of origin. Animals with one pair of fully erupted permanent incisors will be deemed to be 24 months old. All cattle for return to farms shall be in compliance with Regulation .02A-E. Brucellosis. Cattle originating directly from herds not under restriction in Maryland or other certified brucellosis free states may be moved to farms in Maryland without a brucellosis test. Cattle originating from states not certified brucellosis free shall comply with one of the following: Be consigned direct to slaughter; or Be accompanied by an official interstate certificate fully complying with Maryland regulations for importation of cattle from states not certified brucellosis free. Tuberculosis. Cattle originating directly from herds not under restriction in Maryland may be moved to farms in Maryland without a tuberculosis test. Cattle originating from states other than Maryland shall comply with one of the following: Be consigned direct to slaughter; or Be accompanied by an official interstate certificate fully complying with the tuberculosis requirements for the importation of cattle into Maryland or meet these requirements before release. Steers, except those for exhibition purposes and spayed heifers, are exempt from tuberculosis testing requirements. All animals shall be identified in accordance with Regulation .02A—E. Herd Dispersal Sales. Brucellosis Requirements. All herds shall comply with one of the following: Have at least 3 negative milk ring tests within the 12 months immediately preceding the sale; Have a complete negative brucellosis herd test within the 12 months immediately preceding the sale. Tuberculosis Requirements. All herds shall have a complete negative tuberculosis test within the 12 months immediately preceding the sale. Brucellosis and tuberculosis tests are not required for farm to farm sales, or for animals purchased by dealers from Maryland farms and sold to Maryland farms, except as noted in §B, above. Agriculture Article, §§2-103 and 3-101, Annotated Code of Maryland Effective date: July, 1972 Effective date: July 1, 1968 Chapter repealed effective December 9, 2004 (31:24 Md. R. 1729) “Department” means Maryland Department of Agriculture. “Secretary” means Secretary of Agriculture or the Secretary’s designee. Swine imported for purposes other than immediate slaughter are subject to the following requirements: Each shipment shall be accompanied by an official interstate health certificate, identifying the individual swine in the shipment by ear tag or other approved means, and stating that the swine are free from and have not been exposed to an infectious or contagious disease. A copy of this certificate shall be forwarded immediately to the Office of Animal Health of the Department. All feeder and breeder swine entering Maryland from any state where hog cholera or pseudorabies has been known to exist during the preceding 6 months shall be accompanied by a permit issued before shipment by the Department. The permit may be refused or conditioned based upon reports of hog cholera or pseudorabies by the U.S. Department of Agriculture and officials of other states. All feeder and breeder swine entering Maryland shall originate from a herd not known to be infected with pseudorabies (Aujesky's Disease) during the past 6 months. All swine imported into Maryland farms shall be maintained in quarantine on one premises without exposure to other swine for 30 days after entering the State, and, are subject to inspection. Breeding swine are subject to all the requirements above and in addition shall meet the following requirements: Swine over 6 months old shall have been negative to an official test for swine brucellosis conducted within 30 days before shipment unless the swine have originated directly from a validated brucellosis free herd. Information regarding the brucellosis test status of the imported swine or the herd of origin, or both, shall be entered on the interstate health certificate. Individual animals shall: Be negative to a serum neutralization (SN) or other test for pseudorabies approved by the Secretary, conducted within 30 days of entry by a State or federal laboratory; or Originate from a herd listed as designated a qualified pseudorabies negative herd by the Animal and Plant Health Inspection Service, Veterinary Services, USDA. If not eartagged, swine shall be identified by registry name and number and a description sufficient to identify the animal. All swine temporarily in the State for exhibition purposes shall meet all the preceding requirements except §A(4) of this Regulation, above. Swine for immediate slaughter are subject to the following requirements: Swine may be imported for immediate slaughter without a certificate of health, or prior permit provided they are consigned directly to an approved public stockyard (terminal market), approved livestock auction market, or to a slaughtering establishment recognized by the Department; Swine imported for immediate slaughter shall be kept completely segregated and isolated from swine consigned for other purposes; All slaughter swine weighing less than 170 pounds shall be identified by a yellow paint mark on the back measuring not less than 3 x 3 inches or by another method approved by the Secretary. Agriculture Article, §3-101, Annotated Code of Maryland Effective date: November, 1971 Regulation .02A amended effective October 6, 1978 (5:20 Md. R. 1500) “Department” means Maryland Department of Agriculture. “Herd test” includes a test of all breeding swine 6 months old or older in a given herd. “Infected herd” means a herd that discloses one or more swine showing a complete agglutination reaction in the blood titer dilution of 1:100 or higher, or a positive reaction to the card test. “Negative herd” means a herd: That discloses no swine having agglutination reactions higher than incomplete at the 1:100 dilution, or any swine positive to the card test. All animals over 6 months old in the herd are to be included in the brucellosis test. In which at least 10 percent of the breeding swine have been tested annually in a market swine testing program for 3 consecutive years with no positive test results. “Negative swine” means a swine from: An infected herd or herd of unknown status that disclosed no reaction or less than complete agglutination in the blood titer dilution of 1:25, or a swine reported to be negative to the card test; A validated or negative herd that discloses no reaction or less than complete agglutination in the blood titer dilution of 1:100, or that has no reaction to the card test. “Official test for brucellosis” means either: The tube agglutination test; The brucellosis card test; or Any other test that may be recommended by the United States Animal Health Association and approved by the United States Department of Agriculture and the Department. “Reactor” or “positive swine” means swine: Disclosing a complete agglutination reaction in the blood titer dilution of 1:100 or higher; In an infected herd or herd of unknown status having a complete reaction in the 1:25 dilution or higher; or Disclosing a positive card test reaction. “Secretary” means Secretary of Agriculture or the Secretary’s designee. All swine tested shall be identified with an approved ear tag, tattoo, or other means as specified or approved by the Department. Negative Herds. A swine herd will be validated following two consecutive negative tests on the entire breeding herd 30 to 90 days apart. However, if all breeding swine tested on the first test can be accounted for on the validating test, an extension of time may be granted, but the extension will not be allowed to exceed 180 days. This includes all breeding animals 6 months old and older. Validation is effective for 12 months unless otherwise revoked. The validated status will apply to all offspring born since the last test. A swine of unknown brucellosis status or of a suspicious brucellosis status may not be added to or associated with a validated herd or a herd in the process of becoming validated. Herd validation will be voided under these circumstances. Validated Herds. Owners of herds that comply with validation requirements will be issued validation certificates by the Department and the Animal and Plant Health Inspection Service of the U.S. Department of Agriculture and may use them in advertising their breeding stock. Upon expiration, validation certificates will not be renewed (or will be cancelled, whichever is appropriate) until such time as the herd again satisfies validation requirements. Upon finding one or more reactors in a validated herd, the validation certificate will be immediately cancelled. Infected Herds. All infected herds shall be held in quarantine until free of brucellosis as determined by blood testing and until declared free of brucellosis by the Secretary. In herds with reactors one of the following plans shall be selected by the herd owner in consultation with an agent of the Department, for eradicating the disease and qualifying the herd for validation: Plan A. This plan is recommended for infected herds showing clinical symptoms of brucellosis. The entire herd shall be sent to slaughter as soon as practicable. Houses and equipment shall be cleaned and disinfected. Restocking shall be done with swine from a negative herd. Following two consecutive negative tests 30 to 90 days apart, the herd will be eligible for validation, and a certificate issued on proof of eligibility. Plan B. This plan is useful in herds where only a few reactors are found and where no clinical symptoms of brucellosis have been noted. All reactors should be sent to slaughter. The herd shall be retested at 30 day intervals, removing reactors for slaughter, until the entire herd is negative. Two negative tests not less than 90 days apart, on all breeding animals 6 months old or older, will qualify the herd for validation. If the herd is not freed of infection within 180 days, Plan A will be recommended. Herd Revalidation. Herds may be revalidated at the end of each 12-month period upon the basis of a negative test on all breeding animals 6 months old or older in the herd. Cancellation of Herd Validation. If there are reactors revealed in the herd, or if the herd fails to requalify for validation renewal within 14 months, the validation certificate will be cancelled and the herd must requalify for validation in accordance with this regulation. Area Validation. Following a request from swine owners within a designated area, the Department and the U.S. Department of Agriculture, Animal and Plant Health Inspection Service, may declare that area validated-brucellosis-free provided it fulfills the following requirements: All breeding herds in the designated area shall have attained negative status. Not more than 3 percent of the herds, or one herd, whichever is greater, shall have been found to be infected during the 18-month qualification period. Areas may qualify as validated-brucellosis-free for a period of 3 years provided all breeding herds in the designated area qualify under one of the two following procedures: All herds of breeding swine in the designated area shall be validated or have a negative herd test, in which all breeding swine 6 months old or older are tested. All herds of breeding swine in the designated area qualifying under the procedure shall have been tested within 18 months before the date validation is requested. All herds of breeding swine in the designated area shall be validated or have established negative herd status under a market swine testing program (10 percent of the breeding swine to be tested annually for 3 consecutive years). Area Revalidation. Areas which carry out one of the following provisions may be revalidated at the expiration of the 3 year period: Negative herd test, in which all breeding swine 6 months old or older are tested and found negative within the last 18 months of the 3 year validation period. Each herd of breeding swine shall blood test at least 10 percent of the breeding swine over 6 months old, or a minimum of one animal, whichever is greater, within the 3-year period. If one- half of the required tests are not reported by the end of the first 18 months of the 3 year validation period, it will be necessary to blood test all breeding swine in each herd in the area as under this subsection. Infected Herds. Herds found infected during the validation period shall be placed under quarantine until freed of brucellosis. Disposal of Reactors. Reactors shall be permanently identified by tag or brand, or both, and moved under permit within 10 days for immediate slaughter to an approved slaughtering establishment. Cleaning and Disinfection. Buildings, farrowing pens, and equipment shall be cleaned and disinfected following removal of the reactors. Permissible Infection Rate for Revalidation. The accumulated number of infected herds in a validated-brucellosis-free area may not exceed 5 percent of the herds in the area, or one herd, whichever is greater, over the 3 year validation period. Cancellation of Area Validation. Cancellation shall become effective at the end of a 36-month period if the designated area does not qualify for revalidation under §B, above. Swine for immediate slaughter may move through regular marketing channels (approved livestock markets and approved slaughtering establishments) without brucellosis testing. Swine for feeding purposes may enter without a test, or may be held in validated areas without a test, provided the swine are maintained in isolation separate and apart from all breeding stock as approved by the Secretary. Swine originating in validated-brucellosis-free herds, or negative non-validated herds in validated-brucellosis-free areas, may enter a non-validated herd without a test, provided the swine are moved directly and have not been in contact with infected swine or swine of an unknown brucellosis status, and have not been exposed to an infected premises. Swine originating in herds not described in §C, above, shall have passed a negative test within 30 days before the date of entry, to be held in isolation, and pass one additional negative test within 30 to 60 days before being added to the herd. Swine over 6 months old sold through auction markets or livestock sales, to be returned to farms for breeding purposes, shall originate directly from a validated herd, or be blood tested negative within 30 days before sale, or be blood tested negative before release. All swine consigned to farms in Maryland shall be transported in conveyances that have been properly cleaned and disinfected. Agriculture Article, §3-101, Annotated Code of Maryland Effective date: June, 1968 “Department” means Maryland Department of Agriculture. “Secretary” means Secretary of Agriculture or the Secretary’s designee. “Recognized slaughtering establishment” means a slaughtering establishment operating under supervision of municipal, State, or federal meat inspection or recognized by the Department. “Stockyard” or “livestock market” means a place in the State where swine are assembled for sale, either by private sale or public auction. All livestock markets in Maryland not under federal-State cooperative approval must receive approval from the Department before being permitted to handle swine. Approval will be based on the standards presently set forth and as may be amended by the U.S. Department of Agriculture governing interstate movement of swine with reference to hog cholera and other communicable diseases. Slaughter. Swine may be sold direct to recognized slaughtering establishments without restriction, if they are identified as provided under 9 CFR §71.19 and §§78.30—78.34 (1991), which are incorporated by reference with the following modifications: Whenever “Administrator” appears, read “Secretary”; Whenever “interstate” appears, read “intrastate”; and Whenever “authorized employee of the United States Department of Agriculture” appears, read “authorized employee of the Maryland Department of Agriculture”. For Other Than Slaughter. All swine for sale or movement by any method shall meet the following conditions: All are subject to veterinary inspection. All swine are restricted to one movement. One movement is defined as from farm to farm, from farm to auction market to farm, or from farm to dealer to farm. The entire movement shall be completed within 72 hours. Swine sold for return to farms may not show evidence of any infectious or contagious disease. All purchased swine shall be quarantined to the premises of destination for 30 days regardless of origin. Swine consigned to Maryland from other states are subject to State and federal interstate regulations. In addition to those above, swine for sale or movement through dealers, auction markets, and public stockyards shall meet the following conditions: All public stockyards and livestock markets where swine are sold for purposes other than immediate slaughter and all trucks transporting the swine shall be thoroughly cleaned and disinfected before each use for swine. Each market or truck operator shall be responsible for the proper cleaning of his market or vehicle to the satisfaction of the Department. All swine at public stockyards and auction markets shall be individually identified by eartag or other method approved by the Secretary. All swine for return to farms shall: Originate from either pseudorabies monitored or qualified pseudorabies negative herds unless they have been tested and found negative for pseudorabies within 30 days before sale; Be kept completely segregated and isolated from swine consigned for sale as slaughter swine; and At public sales and auctions, be sold before the sales ring and alleyways are used for slaughter swine. At public sales and auctions, cull swine (those which do not pass veterinary inspection for health reasons) shall be penned separate and apart from feeder or breeder swine. They may be released for slaughter. If, in the opinion of the inspecting veterinarian, they are unfit for slaughter, they may be released to a rendering plant or direct to a farm in Maryland to be held separate and apart from other swine under permanent quarantine until they are suitable for slaughter and then released by written permission. The name and address of the consignor of any swine showing evidence of infectious or contagious disease shall be reported without delay to the Department. All swine leaving auction markets and public stockyards shall be accompanied by a certificate of release. Auction markets, public stockyards, and dealers shall maintain records of origin and destination of all swine movements and shall grant federal and State inspectors access to those records. Agriculture Article, §3-101, Annotated Code of Maryland Effective date: November, 1971 Regulation .02 amended effective July 6, 1992 (19:13 Md. R. 1203) Effective date: November, 1971 Regulations .01—.09 repealed effective August 20, 2012 (39:16 Md. R. 1081) “Department” means Maryland Department of Agriculture. “Reactor” means the same as the definition of a reactor in “Uniform Methods and Rules.” There is no suspect category in swine tuberculin testing. “Secretary” means Secretary of Agriculture or the Secretary’s designee. “Tuberculin test” means the intradermal test as described in the Uniform Methods and Rules for Tuberculosis Eradication. “Uniform Methods and Rules” means the latest edition of Uniform Methods and Rules for Tuberculosis Eradication as published by the U.S. Department of Agriculture. All persons having knowledge of the existence of or suspicion of the existence of tuberculosis in swine or poultry shall report it to the Department. Any premises upon which swine tuberculosis reactors are disclosed, or any premises to which slaughter swine with confirmed lesions of tuberculosis have been traced, or any premises where the Secretary has reason to suspect tuberculosis infection may exist or exposure to tuberculosis has taken place, shall be subject to immediate quarantine. Once quarantine is imposed, movement of swine on or off the premises shall be prohibited, except for slaughter purposes under written permit issued by the Secretary. This quarantine shall include any other species of animal or fowl that the Secretary determines is infected with or has been exposed to tuberculosis. The quarantine shall be released after it has been determined, by testing or other means, that tuberculosis no longer exists on the premises and any cleaning and disinfecting required by the Secretary has been completed. Tuberculin tests of any or all swine in a herd will be carried out whenever the Secretary has reason to suspect that tuberculosis exists in the herd or that it has been exposed to this infection. Further testing, or other appropriate procedures, shall be conducted on the farm in order to find and remove sources of infection in any species of animal or poultry on the premises. All tests for tuberculosis shall be reported promptly. When an infected herd has been found, a complete epidemiological investigation shall be made. This should cover all species of animals and fowl on the premises. Tuberculin test reactors shall be identified with a reactor tag and sent to slaughter under permit or disposed of in other manner approved by the Secretary within 30 days of the test date. Indemnity by the State shall be paid in accord with Agriculture Article, § 3-107, Annotated Code of Maryland, and the following requirements: Indemnities will be paid to owners of tuberculosis reactors and to owners of herds depopulated because of the existence of tuberculosis. Swine of feeder, slaughter, or both types shall be appraised using the prevailing market quotation price per pound as a guide. This will vary with age, size, and quality of the animal. Breeding swine shall be appraised using the price of similar animals in recent sales as a guide. Maximum indemnity from State sources may not exceed $175 per animal. Maximum indemnity payments shall be reserved for breeding swine. If indemnity from other sources is paid to owners of swine destroyed because of the existence of tuberculosis, indemnity from State sources will be paid only to the extent that total indemnity payments plus net salvage received does not exceed 90 percent of the appraised value of the animal. Infected premises and all vehicles and equipment used in connection with the infected premises shall be thoroughly cleaned and disinfected in a manner approved by the Secretary. When the U. S.D.A. has approved and put into effect a program for the control and eradication of tuberculosis in swine, the Department intends to cooperate with U.S.D.A. in carrying out the program. In all procedures and policies relating to the eradication of tuberculosis in swine not covered above, the latest published edition of “Uniform Methods and Rules for Tuberculosis Eradication” shall apply. Agriculture Article, §3-101, Annotated Code of Maryland Effective date: October 16, 1972 Effective date: December 1, 1962 Regulations .01—.11 repealed effective August 20, 2012 (39:16 Md. R. 1082) These regulations explain a program jointly administered by the Maryland Department of Agriculture and the Maryland Department of Health to protect both human health and poultry from contagious and infectious diseases. Other portions of this program are explained in COMAR 15.04.01, 10.15.03, and 10.15.04. The following terms have the meanings indicated. Terms Defined. “Commercial flock” means a flock whose eggs are distributed, offered for sale, or sold for human consumption. “Department” means Maryland Department of Agriculture. “Exhibition” means displaying or showing poultry for competition or advancement of the species, including, among other examples, county and State fairs, farm shows, and breeding shows. “Flock” means all of the poultry on one premises, except any group of poultry that has been segregated for 21 days may be considered a separate flock by the Department. “Hatchery” means incubators, hatchers, and auxiliary equipment on one premises operated for the hatching or incubation of hatching eggs. “Junior exhibitor” means an exhibitor under 19 years old. “Multiplier breeding flock” means a flock intended for the production of hatching eggs used for the purpose of producing progeny for commercial egg or meat production or for other nonbreeding purposes. “NPIP” means the National Poultry Improvement Plan of the United States Department of Agriculture (USDA), 9 CFR Parts 145—147. “Official establishment” means any establishment engaged in slaughtering or processing solely for intrastate commerce poultry and poultry products capable of use as human food and inspected under the Maryland Poultry Products Inspection Act, Agriculture Article, §4-201 et seq., Annotated Code of Maryland. “Official state agency” means the authority in each state recognized by USDA to cooperate in the administration of the National Poultry Improvement Plan. “Official state diagnostic laboratory” means a laboratory: Operated by the Maryland Department of Agriculture or by the Maryland Department of Health; or Recognized and approved for poultry diagnostic activities by the chief livestock health official of any other state. “Person” means an individual, corporation, partnership, association, or any other legal entity. “Poultry” means live fowl, including, but not limited to, chickens, turkeys, waterfowl, and game birds (for example, pea fowl, pheasants, chukars, partridges, quail, grouse, and guinea fowl, but not doves or pigeons). “Primary breeding flock” means a flock of one or more generations that is maintained for establishing, continuing, or improving parent lines. “Pullorum” means a Salmonella pullorum disease of poultry. “Pullorum-typhoid test” means a test recognized by the National Poultry Improvement Plan to test poultry for pullorum disease and fowl typhoid. “Secretary” means Secretary of Agriculture or the Secretary's designee. “Typhoid” means fowl typhoid, a Salmonella gallinarum disease of poultry. “U.S. Pullorum Clean” means a flock of poultry that has been found to be free by USDA of pullorum or typhoid under NPIP. “Waterfowl” means domesticated fowl which normally swim, such as ducks and geese. Diseased Poultry. Except as provided under §A(2) of this regulation, a person may not import poultry into Maryland if that person knows or has reason to know that poultry are infected with pullorum, typhoid, or Salmonella serotype enteritidis. If poultry are known to be infected with pullorum, typhoid, or Salmonella serotype enteritidis, a person may ship them into Maryland only if they are: Being shipped to an official establishment for immediate slaughter; and Labeled to show that they are infected. Health Restrictions on Imported Poultry. This section does not apply to poultry moved for immediate slaughter to an official establishment. A person may not import chickens into Maryland for producing eggs for human consumption unless the official state agency of the exporting state certifies that they meet the standards of Regulation .05A. Unless poultry originate from U.S. Pullorum-Typhoid Clean or equivalent flocks, a poultry importer shall have the poultry tested for pullorum and typhoid within 90 days before the poultry's arrival in Maryland. Health Restrictions on Importing Hatching Eggs. A person may not import hatching eggs into Maryland: Unless the eggs originate from U.S. Pullorum-Typhoid Clean or equivalent flocks; For raising chickens to be used to produce eggs for human consumption, unless the official state agency of the exporting state certifies that the flock from which the eggs immediately originate meets the requirements of Regulation .05B or C. Activities Requiring Permit. A person shall have a numbered annual permit from the Secretary before doing the following: Distributing, offering for sale, or selling: Hatching eggs, or Poultry, unless the poultry are being moved for immediate slaughter to an official establishment; and Operating a hatchery. Requirements. A person who holds a permit under this regulation shall: Only distribute, offer for sale, or sell: Hatching eggs and poultry that are derived immediately from flocks and hatcheries participating in the NPIP or equivalent program, Poultry used for producing eggs for human consumption, that meet the standards of Regulation .05A, and Hatching eggs, if the eggs are for raising chickens to produce eggs for human consumption, that are derived from parent flocks that meet the standards of Regulation .05A; Use the required permit number on each invoice, NPIP Form 15, or similar certificate; Comply with the following record-keeping requirements: Except for birds being shipped for immediate slaughter, record the number, breed, variety of poultry or hatching eggs purchased and sold, date of transaction, and name and address of source (for example, seller) and destination (for example, buyer), and Retain these records for 12 months from the date of the transaction; Allow the Department's representative to inspect: Those records required to be maintained under §B(3)(a), and All hatcheries, equipment, and facilities used for poultry; Maintain all hatcheries, equipment, and facilities used for poultry or hatching eggs, including auction and sales barns, in a sanitary condition in conformity with NPIP regulations; and Post the required permit in a conspicuous place on the permitted premises. Application, Duration, and Renewal. Before the Department may issue a permit to a person, the person shall: Apply for a permit on a form supplied by the Department; and Permit the Department to inspect: Those records that indicate the number, breed, and variety of poultry or hatching eggs that the applicant has, the person from whom they were obtained, and the date of that transaction, and All hatcheries, equipment, and facilities used for poultry or hatching eggs. The Department may not issue a permit to a person until it has determined that: The eggs and poultry that the person has meet the requirements of §B(1), for distributing, offering for sale, or selling these items; and All hatcheries, equipment, and facilities used for poultry or hatching eggs are in a sanitary condition in conformity with NPIP regulations. Unless revoked, a permit is effective until December 31 of the year that it was issued. To renew a permit, a person shall follow the same procedures outlined in §C(1). Commercial Flock. A person having a commercial flock in Maryland shall have the flock tested in accordance with either §A(2) or (3) unless the flock is: Participating in and meets the requirements of the: NPIP's “U.S. Sanitation Monitored” program for egg-type chicken breeding flocks, 9 CFR 145—147, or “Salmonella Enteritidis Monitored Flock Program of Pennsylvania” or an equivalent plan of another state, provided that plan has been approved by the Secretary; Derived immediately from a multiplier breeding flock that has been tested and found negative for Salmonella serotype enteritidis under the procedures outlined in §B; or Derived immediately from a primary breeding flock that has been tested and found negative for Salmonella serotype enteritidis under §C. Environmental Sampling/Serological Test. A person shall allow the Department to: Collect environmental samples from all egg belts, elevators, or both, within caged systems or throughout open floor systems; Culture or biochemically test these samples for the presence of Salmonella serotype enteritidis species; Test, if any flock tests positive to environmental testing, a random sample of 500 birds per house for the presence of Salmonella enteritidis antibodies; and Permanently identify and submit a statistically significant sample of seropositive birds to an official state diagnostic laboratory for pathological examination and culture for Salmonella serotype enteritidis. Blood Testing. A person shall permit the Department to: Test a random sample of 300 birds per house for the presence of Salmonella serotype enteritidis antibodies; and Handle birds testing positive in the manner provided under §A(2)(d). Multiplier Breeding Flock. Except as provided in §B(2), a person having a multiplier breeding flock shall have the flock tested by the Department as follows: At least 300 birds per age group shall be randomly selected and blood tested for the presence of Salmonella serotype enteritidis; The flock shall undergo environmental sampling of nests and litter each month; At least 30 dead in shell embryos shall be tested each 3 months; and Any serological evidence of infection shall be followed with bacteriological examination of a statistically significant sample of reactor birds from each age group and, only if the bacteriology is negative, shall the flock be considered negative. A person owning a multiplier breeding flock is not required to have the flock tested as described in §B(1) if the flock is participating in and meets the requirements of: The NPIP's “U.S. Sanitation Monitored” program for egg-type chicken breeding flocks; or The “Salmonella Enteritidis Monitored Flock Program of Pennsylvania” or an equivalent program of another state, provided that plan has been approved by the Secretary. Primary Breeding Flock. Except as provided in §C(2), a person having a primary breeding flock shall follow the same procedures outlined in §B. Instead of randomly selecting and testing 300 birds per age group as provided under §B(1) for a primary breeding flock a person shall allow the official State agency to randomly select and test the larger of the following two groups: 300 birds per age group; or 1 percent per age group. Effect of Isolating Salmonella Serotype Enteritidis. If Salmonella serotype enteritidis is isolated from a flock in Maryland, a person may distribute, offer for sale, or sell only: Eggs from that flock that: Have been pasteurized or otherwise heat treated to kill Salmonella serotype enteritidis, or Are to be pasteurized, provided the eggs are moved to a plant that the USDA has approved for processing egg products; and Birds or progeny from that flock for slaughter, provided the birds are moved for slaughter to an official establishment to be inspected and either condemned or passed for cooking only. A sponsor of an exhibition shall notify the Secretary of the following within 30 days before the exhibition date: the name, place, and inclusive dates and hours of the exhibition. The requirements for an exhibition are as follows: Poultry, except waterfowl, at exhibitions shall originate from U.S. Pullorum-Typhoid Clean or equivalent flocks, or shall have had a negative pullorum-typhoid test within 90 days of its movement to an exhibition. This information shall be documented on an NPIP Form 15, NPIP Form 3B or similar certificate which shall accompany poultry on exhibition. In place of NPIP Form 15 or 3B, a junior exhibitor may substitute a health certificate signed by a Maryland Agricultural Extension Agent or the Department, indicating that exhibited poultry has originated from a U.S. Pullorum-Typhoid Clean or equivalent flock within the previous 12 months. Record Keeping. A sponsor of an exhibition shall compile a list of all poultry at the exhibition. This list shall contain the name and address of each owner, the number, type, sex, and pullorum-typhoid status of all poultry. A copy of this list shall be kept by the sponsor of the exhibition for 12 months and shall be made available upon the request of the Department. Inspection. All exhibitions are subject to inspection by the Department. The Department shall have access to all exhibitions and may conduct inspections and tests to enforce this regulation. Reporting. A person performing poultry disease diagnostic services shall report within 48 hours of diagnosis to the Secretary the diagnosis of infection of poultry by Salmonella pullorum, Salmonella gallinarum, or Salmonella serotype enteritidis. Investigation. The Secretary shall conduct an immediate investigation upon receipt of a report of pullorum, typhoid, or Salmonella serotype enteritidis infection. Flock Infected with Salmonella. The Secretary shall quarantine any flock found to be infected with Salmonella pullorum, Salmonella gallinarum, or in the case of a commercial flock, only when infected with Salmonella serotype enteritidis. To prevent the further spread of these diseases, the Secretary may not release the quarantine until the: Flock is disposed of or retested and certified by the Secretary; and Premises have been cleaned and disinfected. Hatching Eggs Infected with Salmonella. The Secretary shall quarantine a hatchery found to have eggs from a flock infected with Salmonella pullorum, Salmonella gallinarum, or Salmonella serotype enteritidis. To prevent the further spread of these diseases, the Secretary may not release the quarantine until the: Hatching eggs have been disposed of; and Hatchery has been cleaned and disinfected. If biosecurity can be maintained, the Secretary may permit hatching eggs infected with Salmonella serotype enteritidis to be held for chicks and the live birds treated as an exposed flock. The Secretary, however, may not release the quarantine unless and until the birds have been tested and found negative for Salmonella serotype enteritidis under the procedures outlined in Regulation .05. A person who violates these regulations or who falsely answers questions contained in any permit application, or who willingly interferes with the Department in carrying out a duty as provided in these regulations, shall forfeit his permit. A person who violates these regulations is guilty of a misdemeanor as provided by Maryland law. For the purpose of enforcing the regulations of this chapter, the Secretary may designate an agent of the Maryland Department of Health as the Secretary's representative. Agriculture Article, §3-101; Health-General Article, §21-211; Annotated Code of Maryland Effective date: January, 1952 Chapter revised effective November 18, 1977 (4:24 Md. R. 1807) Chapter revised as an emergency provision effective August 2, 1989, (16:17 Md. R. 1883); revised permanently effective November 13, 1989 (16:22 Md. R. 2365) “Accredited veterinarian” means a licensed veterinarian approved by the U.S. Department of Agriculture and the Maryland Department of Agriculture. “Approved pesticide” means any pesticide which is recognized and approved by the Department or the U.S. Department of Agriculture as an effective agent in the control or eradication of possible insect or arachnid vectors of equine infectious anemia. “Department” means Maryland Department of Agriculture. “Equine infectious anemia (swamp fever)” means a disease of equines caused by a virus which is infectious in nature and spreads from horse to horse by blood sucking insects, unsterile surgical instruments (especially hypodermic needles) and the community use of equipment that produces cuts and abrasions. The virus can infect both sexes, all age groups and all breeds and species of equines. Infected animals remain carriers of the disease for their entire lifetime, constituting a potential source of spread. The disease may be acute or chronic or inapparent. There is no known cure or treatment. “Horse” means any member of the equine family, including horses, mules, asses, zebra, or other equidae. Official Test. “Official test” means an official test for equine infectious anemia accomplished by a laboratory approved by the U.S. Department of Agriculture on blood samples collected by accredited veterinarians. “Official test” includes: The agar get immunodiffusion (AGID) blood test using only antigen licensed by the U.S. Department of Agriculture; The competitive enzyme-linked immunosorbent assay (cELISA); or The synthetic antigen enzyme-linked immunosorbent assay (saELISA). “Reactor” means a horse over 9 months old whose blood reacts positively to an approved serological test for equine infectious anemia performed by an approved laboratory. “Secretary” means Secretary of Agriculture or the Secretary’s designee. “Suspect horse” means a horse showing clinical evidence of equine infectious anemia without confirmation by tests. Equine infectious anemia is proclaimed to be a disease of transmissible nature and henceforth shall be known as a dangerous transmissible disease. Report of Tests. All tests for equine infectious anemia shall be reported to the Department. Tests conducted in an approved laboratory within the State shall be reported on official forms furnished for this purpose. Veterinarians submitting blood samples for tests in laboratories outside Maryland shall furnish a copy of the test record to the Secretary immediately upon receipt of the test results from the testing laboratory. Report of Disease. A person having knowledge of the existence of equine infectious anemia or knowledge of an animal afflicted with or suffering from equine infectious anemia anywhere within the State shall immediately make a written report to the Secretary, giving the name and address of the owner or person in charge of the animal and the place where the animal is kept. Identification of Reactors. Horses which disclose a positive reaction to an official test shall be presented by the owner to the Department and permanently identified by a representative of the Department, using a visible body brand, by applying the letter “A” preceded by the number "51" and followed by a number assigned by the Secretary to indicate individual identification. An animal under 9 months old which reacts positively to an official test shall be quarantined and retested when 9 months old, and if positive at that time shall be subject to permanent identification and continued quarantine. Quarantine. A horse found to be infected with equine infectious anemia shall be quarantined on its home farm or such other premises as may be approved by the Secretary until death. However, the Secretary may authorize the movement of infected animals to approved facilities for research purposes or for slaughter to approved facilities. The infected animal shall be segregated from all other horses in approved isolation facilities or, at the alternative of the owner, destroyed without indemnity. Isolated quarantine facilities and animals located in them shall be treated with an approved pesticide at such intervals as directed by an authorized representative of the Department. Movements into Quarantined Facilities. Horses shall be moved into quarantined isolation facilities under special permit under such conditions as may be approved by the Secretary. These animals assume the same status as animals under quarantine. Movement from Quarantined Facility. Foals born in quarantined facilities and found negative before reaching nine months of age, and other animals negative on tests before entry into the quarantined facility and found still negative on test before removal may be moved to new non-infected premises but will remain under quarantine in the new location until a second negative test is made, not sooner than 30 days after removal from the original infected, quarantined facility. Unaffected Horses on Quarantined Premises. Horses not infected which are located on premises where infected animals are properly quarantined in isolation are not considered to be under quarantine and may be moved from the premises intrastate. For Shipment into Maryland. All equines over 9 months old entering the State shall have been found negative to an official test for equine infectious anemia made within 12 months before entry, and shall be accompanied by a copy of the official negative test result or be consigned directly to a market or auction licensed by the Department. For Exhibition. All equines over 9 months old assembled for supervised exhibition in the State shall have been found negative to an official test for equine infectious anemia made within 12 months before the date of the event. The supervisor of the event shall ascertain that a copy of the official negative test results accompanies each equine to the event and shall make a list of the entries and their test status available for inspection by a representative of the Secretary upon request. Change of Ownership. A person may not change ownership of an equine over 9 months old unless it has been found negative to an official test for equine infectious anemia made within 12 months before the date of the change of ownership. A copy of the negative test shall accompany the equine at the time of ownership transfer and becomes the property of the new owner. Equines consigned for slaughter to an establishment approved by the Secretary shall be exempt from testing requirements. For Markets or Auctions. Horses may be assembled at a market or auction without a negative test for equine infectious anemia, only if: Upon entering the market or auction, the operator shall be responsible for: Applying an identification approved by the Department on each equine; and Obtaining the complete name and address of each owner who either delivers, or has another individual deliver, a horse to the market or auction for sale. All horses, while assembled at the market or auction, have blood samples drawn for equine infectious anemia testing. The operator of the market or auction employs a licensed accredited veterinarian to draw blood samples from all horses delivered for sale, and records all visible markings, including sex, age, color, and other permanent identifiers of each horse bled; and The operator announces, prior to the market or auction, that all horses will be tested for equine infectious anemia. Each buyer of a horse or horses at the market or auction shall be required to sign a release form indicating agreement to maintain such horse or horses at a specified location until notified of the results of the test. Horses with negative at a specified location until notified of the results of the test. Horses with negative test results may move in normal trade channels. Owners of horses that react to the test shall comply with Regulation .02 of this chapter, pertaining to quarantine. Maryland licensed equine slaughter buyers may move horses tested with pending results directly to an approved equine slaughter facility immediately after the sale. The State Veterinarian may grant exceptions to the requirements under §§D and E of this regulation as the circumstances warrant, if they are not in variance with other rules and regulations governing the State. Exemptions. Slaughter equines purchased in Maryland or in another state by Maryland licensed livestock dealers and assembled in Maryland before shipment to an approved market or slaughter establishment are exempt from testing requirements. This exemption shall apply only to properly identified equines that are kept separate and apart from other equines on a premises previously approved by the Secretary and are not held over 15 days before shipment. The type identification used shall be approved or specified by the Secretary. Retest of Reactors. A horse reported as a reactor on an initial test may be retested one time by a State or federal veterinarian before affixing a permanent identification on the animal. Quarantine of Exposed Animals. If the reactor shows clinical evidence of equine infectious anemia or an epidemiological investigation so indicates, all horses on the premises where the clinical reactor is found will be quarantined and movement allowed only after a negative test. During the period when biting insects are present, a second negative test will be required in not less than 60 days from the date of the removal of the reactor from the quarantined premises. Cost of Tests. As to tests made in Department laboratories, a charge of $5 will be paid to the Department for each official test sample received. Samples will be run only when submitted by an accredited veterinarian. The accredited veterinarian shall be responsible for the laboratory fee. Any person, firm, or corporation which violates these regulations is subject to the penalties provided for in the Agriculture Article, §§12-101, 12-102, and 12-103, Annotated Code of Maryland. Agriculture Article, §3-101, Annotated Code of Maryland Effective date: December 11, 1974 (1:5 Md. R. 243) Regulation .01F amended effective November 11, 2002 (29:22 Md. R. 1722) Regulation .02D amended effective October 29, 1975 (2:24 Md. R. 1483); November 11, 2002 (29:22 Md. R. 1722) Regulation .03 amended effective April 30, 1975 (2:9 Md. R. 678); October 29, 1975 (2:24 Md. R. 1483); April 28, 1976 (3:9 Md. R. 487); January 19, 1977 (4:2 Md. R. 89); November 11, 2002 (29:22 Md. R. 1722) Regulation .03H amended effective March 9, 1979 (6:5 Md. R. 446) The authority for these regulations is contained in the Agriculture Article, §3-404 and 3-101, Annotated Code of Maryland. The license required under Agriculture Article, §404(a)(2) is on a July to June 30 basis and shall be renewed on or before each July 1. A license may not be issued for garbage feeding where prohibited by other law or regulation. An application on forms prepared by the Maryland Department of Agriculture together with the license fee and preliminary plans of any new cooking equipment shall be submitted to the Maryland Department of Agriculture, Animal Health Section. Heating equipment shall be of a design and capacity that will enable it to bring food waste material to 212 degrees F throughout within a reasonable length of time. Occasional stirring of the garbage is required during the heating period to insure a uniform temperature. Garbage shall be held at a temperature of 212 degrees F for at least 30 minutes. The cooking container shall be equipped with a recording thermometer with one pen and one probe for each 8 feet, or portion thereof, of its length. Proposed plans for all new cooking equipment shall be approved by the Department before construction or installation is started. Cooking equipment shall be cleaned after each use. Using the recording thermometer, the licensee shall make a record of the temperatures of each load of garbage cooked. The licensee shall retain these records for at least 6 months for inspection by the Maryland Department of Agriculture. Agriculture Article, §§3-404 and 3-101, Annotated Code of Maryland Effective date: April 30, 1975 (2:9 Md. R. 678) This chapter describes the animal health requirements for any livestock or animal exhibition for the purpose of preventing the spread of a contagious or infectious disease. This chapter also includes requirements concerning the proper care and treatment of animals at exhibitions. This chapter does not apply to livestock exhibition activities regulated by the Maryland Racing Commission. In this chapter, the following terms have the meaning indicated. Terms Defined. “Accredited herd” means a livestock herd meeting the U.S. Department of Agriculture testing requirements for tuberculosis under 9 CFR §77.1. “Accredited veterinarian” means a veterinarian approved to participate in a federal—state animal health program by the U.S. Department of Agriculture and by the Department. “Department” means Maryland Department of Agriculture. “Exhibition” means any livestock show, except a show conducted for the sole purpose of selling the livestock exhibited. Exhibitor. “Exhibitor” means a person 18 years old or older who owns or presents livestock for exhibition. “Exhibitor” includes a parent or guardian of a minor child exhibiting livestock. “Interstate certificate of veterinary inspection” means a form provided by the U.S. Department of Agriculture that: Is issued by an accredited veterinarian in the state where the livestock originated; Is valid for 30 days from the date of issue; and Documents a veterinary inspection which certifies that livestock is fit for transport and for exhibition. “Intrastate certificate of veterinary inspection” means a form provided by the Department that: Is issued by an accredited veterinarian in Maryland; Is valid for the exhibition season in the calendar year it is issued unless otherwise directed by the Department; and Documents a veterinary inspection which certifies that livestock originating in Maryland is fit for exhibition in this State. “Livestock” includes the following animal species: Bovine (cattle); Camelid (llama, alpaca, vicuna and guanaco); Caprine (goat); Cervid (deer); Equine (horse, donkey, and mule); Ovine (sheep); Porcine (pig); and Lagomorpha (rabbit and hare). “Person” includes the State, any county, municipal corporation, an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity. “Petting zoo” means an exhibition where the public is encouraged to touch any livestock or other animal. “Sponsor” means the person responsible for organizing the livestock exhibition. “Veterinarian” means an individual who is licensed, registered or otherwise permitted to lawfully practice veterinary medicine in Maryland, any of the several states, U.S. territories, the District of Columbia, or any appropriate political entity as determined by the Department. General Prohibition. A person may not conduct a livestock exhibition or exhibit livestock without first complying with the requirements of this chapter for the prevention of contagious or infectious disease. A person may not enter or show livestock at any exhibition if the livestock has a contagious or infectious disease. Ringworm. A person may exhibit livestock showing signs of ringworm only if the exhibitor possesses a certificate from a veterinarian stating that the affected livestock: Has been under appropriate ringworm treatment by that veterinarian for at least 21 days before entering the exhibition site; and Is no longer contagious to other animals. Rabies Vaccination. A person may not show livestock at any petting zoo unless all exhibited animals in the petting zoo, 105 days or older, are vaccinated against rabies as provided in COMAR 10.06.02, unless there is no rabies vaccine licensed and approved by the U.S. Department of Agriculture for that animal species. Each livestock exhibition sponsor shall: Provide the Department at least 60 days advanced written notice of the date, time, and location of any livestock exhibition, unless: The exhibition is a Maryland fair and show board funded event; or The exhibition sponsor is exempt from this requirement as determined by the Department; and Do one of the following: Report to the Department any animal from the exhibition suspected of having or showing obvious, apparent, or known signs of a contagious or infectious disease; or Exclude from the exhibition premises any animal having obvious, apparent, or known signs of a contagious or infectious disease. Exemptions under §A(1)(b) of this regulation may be granted if: The exhibition is sponsored, sanctioned, or otherwise approved by an association, coalition, or other entity which serves as an umbrella organization for multiple livestock exhibitions in a calendar year; and That organization provides adequate and timely notice of subordinate exhibitions to the Department. General Requirements. Each livestock exhibitor shall: Have all livestock examined by an accredited veterinarian before the exhibition as prescribed by the Department; Except as provided in §B of this regulation, keep a copy of a valid interstate or intrastate certificate of veterinary inspection with each animal at all times during the exhibition; Do all of the following: Personally examine all livestock for any signs of contagious or infectious disease prior to entry to the exhibition site but not more than 24 hours before entry to the exhibition site; Document the examination with a properly completed Departmental livestock exhibition self-certification form for animal health; Present for exhibition only animals that: Have not been exposed to contagious or infectious diseases; and Appear by the pre-exhibition examination conducted by the exhibitor to be free from infectious or contagious disease; and Maintain a copy of the completed self-certification form with the livestock during the exhibition; Individually identify each animal by ear tag, tattoo, registration number, national animal identification system device, or other means approved by the Department; Make all records required by this chapter available to the Department or sponsor upon request; Report animals suspected of having a contagious or infectious disease to the sponsor; and Allow the Department to examine or test any livestock for a contagious or infectious disease. Required vaccinations and testing shall be documented by the accredited veterinarian on the certificate of veterinary inspection or other required health documents when appropriate. Exhibitors of horses shall substitute a valid official report documenting freedom from equine infectious anemia. Special Exhibitor Requirements for Certain Livestock. Each livestock exhibitor shall ensure that the health requirements in §§E—K of this regulation are met before any exhibition. Bovine (Cattle). All cattle 6 months or older, including castrates, shall meet: The tuberculosis control requirements under both COMAR 15.11.01.04 and 9 CFR 77; and The Brucellosis control requirements under both COMAR 15.11.02 and 9 CFR 78. All cattle shall be vaccinated in a manner prescribed by the Department against bovine respiratory disease complex. The vaccine shall be administered in a manner adequate to confer protective immunity against these diseases for the duration of the exhibition. Porcine (Pigs). All pigs, except castrates, 6 months old or older, shall meet the Brucellosis control requirements of COMAR 15.11.06 and 9 CFR 78. Ovine (Sheep). All sheep shall meet the scrapie in sheep requirements under COMAR 15.11.18 and 9 CFR 79. The exhibitor shall have a certificate of veterinary inspection for all sheep, including lambs, clearly stating that the entire flock has been inspected and found free of evidence of all contagious or infectious diseases. Each certificate shall include the scrapie premise identification number and each individual scrapie identification number. Caprine (Goat). All goats 6 months or older shall meet the tuberculosis and brucellosis control requirements of COMAR 15.11.01.06. All goats shall meet the scrapie in goat requirements under both COMAR 15.11.18 and 9 CFR 79. The exhibitor shall have a certificate of veterinary inspection for all goats, indicating that the entire flock has been inspected and found to be free of evidence of all contagious or infectious diseases. Each certificate shall include the scrapie premise identification number and the individual scrapie identification number as required by both COMAR 15.11.18.03 and 9 CFR §79.5. Equine (Horse). The exhibitor shall ensure that each horse exhibited meets all requirements including testing for equine infectious anemia under COMAR 15.11.12. Horses originating in Maryland are exempt from requirements pertaining to a certificate of veterinary inspection. The exhibitor shall keep a copy of a valid official result for the test (Coggins) to determine the horse is free from equine infectious anemia with each animal at all times during the exhibition. The exhibitor shall comply with horse transport requirements under Agriculture Article, §3-902, Annotated Code of Maryland. Camelids (Llama, Alpaca, Vicuna, and Guanaco). All Camelids, including castrates, 6 months or older, shall meet at least one of the following requirements to be eligible for exhibition: Originate directly from a herd in Maryland not under restriction or quarantine for tuberculosis and from which all animals have tested negative for tuberculosis within the past 12 months; or Have a negative individual Tuberculin test documented within 60 days of exhibition. Lagomorpha (Rabbits, Hares). All rabbits presented for exhibition shall meet the conditions described under general requirements for exhibitors. A person may not knowingly expose livestock to an animal with a contagious or infectious disease, or expose a healthy animal to a contagious or infectious disease in violation of Agriculture Article, §3-110, Annotated Code of Maryland. A person may not willfully make false statements, provide false information, alter or possess an altered animal health certificate or report, or alter, damage, use, or attempt to use any animal or premise identification device or document in violation of Agriculture Article, §3-118, Annotated Code of Maryland. A person may not knowingly conceal the fact that a contagious or infectious disease exists on his premises in violation of Agriculture Article, §3-113 (b), Annotated Code of Maryland. A person may not knowingly conceal signs of a contagious or infectious disease, to include giving anti-inflammatory drugs to mask fever and discharges, appling coloring or creams to lesions, or employ any other method that may be used to alter or disguise signs of contagious or infectious disease. A person may not give away a live animal as a prize for, or inducement to enter, a contest, game, or other competition except as an agricultural project, conservation purpose, or for slaughter, without the approval of the Secretary of Agriculture in violation of Criminal Law Article, §10-610, Annotated Code of Maryland. Criminal Penalties. General. A person who violates the provisions of this chapter, except regarding animals given as a prize, is guilty of a misdemeanor and is subject to the penalties provided in Agriculture Article, §§12-101 and 12-102, Annotated Code of Maryland. Animal Given as a Prize. A person who violates the provisions of Regulation .07E of this chapter is guilty of a misdemeanor and upon conviction is subject to a fine not exceeding $500 as provided in the Criminal Law Article, §10-610, Annotated Code of Maryland. Administrative Penalties. General. In lieu of or in addition to being subject to criminal sanctions, a person who violates the provisions of this chapter, except regarding animals given as a prize and unlawful horse transport, is subject to administrative penalties up to $10,000, as provided in COMAR 15.11.19. Unlawful Horse Transport. In lieu of or in addition to being subject to criminal sanctions, a person who violates the provisions of Regulation .06B(5)(c) of this chapter is subject to administrative penalties up to $1,000 per horse as provided in Agriculture Article, §3-903, Annotated Code of Maryland. Agriculture Article, §§2-103 and 3-101, Annotated Code of Maryland Effective date: July 9, 1975 (2:5 Md. R. 1078) Regulations .01—.05 repealed and new Regulations .01—.08 adopted effective July 17, 2008 (35:14 Md. R. 1246) “Department” means Maryland Department of Agriculture. “Pseudorabies”, also known as “mad itch” or Aujeszky's Disease, is an infectious disease caused by a herpes virus to which several species of mammals and birds are susceptible, the clinical signs and symptoms of which are characterized by central nervous system disturbance. “Secretary” means Secretary of Agriculture or the Secretary’s designee. Any person having knowledge or suspicion of the existence of pseudorabies shall report this to the Department within 48 hours. Any herd which the Secretary has reason to believe is infected with or has been exposed to pseudorabies shall be quarantined and no livestock may be moved from or to a quarantined herd without written permission of the Secretary. The quarantine will be lifted when tests and examinations, as the Secretary may require, indicate that the herd is not infected. If the Secretary permits swine to be moved from a quarantined herd to a quarantined feedlot, those swine shall be identified individually by a method approved by the Secretary. The use of pseudorabies vaccine in swine is subject to the following restrictions: The vaccine shall be a USDA licensed vaccine or vaccine that is authorized for field trials by federal and State officials. Prior approval for use or possession of the vaccine shall be obtained in writing from the Department. This approval will be granted only for use in swine herds determined to be infected or threatened with infection by pseudorabies. At the time of vaccination, all swine shall be individually identified by a method approved by the Secretary. Infected premises and all vehicles and equipment used in connection with an infected premises shall be thoroughly cleaned and disinfected in a manner approved by the Department. Agriculture Article, §3-101, Annotated Code of Maryland Effective date: October 6, 1978 (5:20 Md. R. 1500) The following animals have been determined to be harmful to livestock or poultry and, therefore, an individual is prohibited from transporting, importing, selling, transferring, or possessing them in this State: Feral swine of the Genus/species Sus scrofa, also known as wild pigs, European wild boars, Russian wild boars; and The offspring of the feral swine of the Genus/species Sus scrofa. Agriculture Article, §3-115, Annotated Code of Maryland Effective date: July 6, 1992 (19:13 Md. R. 1203) This chapter governs the humane treatment of livestock, including 3-D livestock, by market operators and haulers at auction markets. In this chapter, the following terms have the meanings indicated. Terms defined. “Department” means Maryland Department of Agriculture. Downers. “Downers” means livestock that are down and unable to rise even with assistance. “Downers” includes livestock which, after being assisted to rise, cannot stand and walk without assistance. “Livestock” means cattle, swine, sheep, horses, asses, mules, or goats. “Livestock market” means an established location where livestock are offered for sale. “Humane treatment” means: Treating livestock in a manner that avoids unnecessary suffering or pain; and Providing livestock, when necessary, with adequate feed, water, veterinary care, and shelter. “Slaughter establishment” means an establishment regulated by the Food Safety Inspection Service, U.S. Department of Agriculture, or by a corresponding agency in those states which conduct meat inspection. "3-D livestock" means livestock that are: Downers; Debilitated; or Diseased. An operator of a livestock market: Shall provide humane treatment of livestock in its custody; May not accept downers for sale at its market; In the case of livestock that become downers after acceptance for sale at the market, shall: Provide the needed equipment for handling, moving, and, if necessary, euthanizing these animals, Identify and mark the livestock in a distinctive manner, Separate and separately pen the livestock from healthy animals, and Notify the Department that an animal has become a downer; and Shall properly dispose of all animals that die or are euthanized after acceptance into the market. The operator of a livestock market is permitted to offer or sell 3-D livestock only to a slaughtering establishment for immediate slaughter. At the close of a livestock sale, if any downers remain unsold, the market operator immediately shall: Euthanize the livestock as provided under 9 CFR 313; or Place them in the care of a licensed veterinarian. A person transporting downers from an auction market shall either: If transporting downers with healthy animals, segregate them from the healthy animals, using a rigid barrier; or Transport downers in a separate vehicle from that used for healthy animals. Agriculture Article, §§3-101, 3-307, and 4-122, Annotated Code of Maryland Effective date: August 15, 1994 (21:16 Md. R. 1390) The purpose of this chapter is to explain State animal health requirements for sheep and goats entering or moving within Maryland to prevent the introduction or spread of scrapie, a fatal, degenerative disease. The control and prevention of this disease is a joint effort by the Maryland Department of Agriculture and the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service. The requirements of this chapter qualify Maryland to be classified as a scrapie consistent state under 9 CFR, Part 79. Scrapie consistent status not only enhances the well-being of the State’s sheep and goat industry by protecting against scrapie but also helps ensure the most favorable treatment possible for Maryland sheep and goat producers in any market. Sheep and goat producers electing to participate in the U.S. Scrapie Flock Certification Program shall follow the requirements for certification found in 9 CFR, Part 54 and 79. In this chapter the following terms have the meanings indicated. Terms Defined. “Animal” means a sheep or a goat. “Administrator” means an employee of USDA, APHIS-VS, authorized to administer the National Scrapie Eradication Program. “APHIS-VS” means the Animal and Plant Health Inspection Service, Veterinary Services unit of the U.S. Department of Agriculture. “Approved tagging site” means a site approved by the Department or APHIS-VS that tags and records all animals according to 9 CFR 86, the Animal Disease Traceability Rule. “Department” means Maryland Department of Agriculture. “DSE” means a designated scrapie epidemiologist with knowledge of scrapie who is selected by the Administrator and the Department to coordinate and evaluate the scrapie eradication program. “Exposed animal” means an animal that: Has been in a flock or an enclosure off the premises of the flock with a scrapie positive animal; Resides in a noncompliant flock; or Has resided on the premises of a flock before or while it was designated an infected or source flock and before a flock plan was completed. “High risk animal” means any one of the following: A genetically susceptible exposed animal including embryos; A female offspring of a scrapie positive female animal including embryos; A suspect animal; or Any animal including embryos that the Administrator determines to be high risk based on the epidemiology of the flock. “Immediate Slaughter” means a process whereby a goat or sheep is sold or transferred for slaughter and is moved with an owner-hauler statement to a restricted slaughter facility for processing within 72 hours of a sale or transfer or entry into Maryland. “Interstate Certificate of Veterinary Inspection” or “ICVI” means a certificate for interstate movement of animals completed by an issuing veterinarian, or a State or federal veterinarian. “Issuing Veterinarian” means an accredited veterinarian approved by the Department and APHIS-VS to issue an ICVI. “Low risk exposed animal” means any one of the following: The animal was exposed to a positive animal that was not born in the flock and did not lamb in the flock or lamb in an enclosure where the exposed animal resided; The exposed animal is male and was not born in the infected or source flock; The exposed animal is a castrated male; or The exposed animal, as determined by the Administrator and State representative, is unlikely to be infected with scrapie. “Official identification” means an identification mark or device approved by the Department and APHIS-VS that identifies an animal and is used in accordance with APHIS-VS program standards, including: A U.S. Department of Agriculture approved scrapie ear tag, provided that the tag is placed: In the animal’s ear (left ear recommended); or If the animal is earless and moving for immediate slaughter or to a terminal feedlot as defined in 9 CFR 79, on a durable neck strap placed around the animal’s neck; An electronic implanted device as defined by the U.S. Department of Agriculture under 9 CFR §79.2; and Legible registry tattoos issued by a registry that has agreed to cooperate with APHIS-VS in tracing scrapie positive, suspect, and exposed animals, provided the tattoo is placed: In the animal’s ears in the location required by the registry; or If the animal is earless, on the animal’s tail web. “Owner” means the owner of the flock of origin or an agent of the owner. “Owner-hauler statement” or “owner-shipper statement” means a document that is generated by the owner, signed by the owner or hauler, documenting an animal’s movement to an approved tagging site or a restricted livestock facility approved by the Department, and that, at a minimum, includes: The name, address, and telephone number of the owner and, if different, the hauler; The address and scrapie flock identification number of the flock of origin; The name and address of the destination of the shipment; A description of the species, breed, number, sex, and age of the animals shipped; A complete listing of all animals by official identification; and The date of the shipment. “Restricted livestock facility” means an auction market approved by the Department that maintains animals to be sold or transferred for immediate slaughter in separate enclosures from other animals. “Scrapie” means a fatal degenerative disease, classified as transmissible spongiform encephalopathy, affecting the central nervous system of sheep and goats. “Scrapie consistent state” means a state that meets the scrapie control requirements provided in 9 CFR §79.6. “Scrapie exposed flock” means a flock: That the DSE has designated as: An infected flock; or A source flock that has completed a flock plan and has retained a female genetically susceptible exposed animal; That is under investigation and: Has retained a female genetically susceptible exposed animal or suspect animal; or Whose owner declines genotyping and live-animal or post-mortem scrapie testing required by APHIS-VS or the Department. For which a Post Exposure Monitoring and Management Plan is required by APHIS-VS or the Department that is not in compliance with the conditions of that plan. “Scrapie positive animal” means an animal that is diagnosed with scrapie by an authorized laboratory approved by APHIS-VS. “Scrapie suspect animal” means an animal suspected of having scrapie by an accredited veterinarian, the Department, or a veterinary medical officer of USDA. “Waybill” means a document from an approved tagging site, a restricted livestock facility, or a licensed livestock dealer that documents an animal’s sale from such location to a farm, an authorized slaughter facility, or other location approved by the Department, and that, at a minimum, includes: The name, address, and telephone number of the issuing party; The date of sale and the date of movement; The name and address of the destination of the animal shipment; A description of the species, breed, age, sex, and number; and A complete listing of the individual official identification of each animal, which may include any use of glue-on back tags for animals destined for slaughter. Except as provided by §B of this regulation, for any animal entering or moving within Maryland, an animal owner shall: Ensure that the animal has an official identification; and Keep and maintain a record of each animal’s official identification for 5 years in a manner that will allow the Department to trace the animal to its flock of origin or a new owner, if sold or transferred. Exceptions to Official Identification Requirement. The official identification requirements of this regulation do not apply for an animal: That never leaves the premise of birth and has not commingled with animals originating outside the premise of birth; Less than 18 months of age that has not lambed, is not pregnant, and is moving for immediate slaughter; or Born in or entering Maryland and moving directly for sale to an approved tagging site, provided the animal is accompanied with an owner-hauler statement. General Requirements. Except for an animal moving to immediate slaughter, a person may not import an animal into Maryland unless the animal originates from a flock in a scrapie consistent state or from a flock enrolled in the Scrapie Flock Certification Program as defined by 9 CFR 54. Exposed Animals. A person may not move a high or low risk exposed animal into Maryland without the Department’s written approval. ICVI Requirement. Except as provided by §B of this regulation, for any animal entering Maryland, the hauler or person responsible for the animal shall ensure that each animal is accompanied with an ICVI. The owner shall provide the issuing veterinarian the following information for completing the ICVI: Complete addresses of the flock or premise of origin and destination; The species, breed, sex, and official scrapie identification of each animal; and Any document certifying the scrapie status of the flock. The issuing veterinarian shall include the following information in the ICVI: The date of inspection; The date that the ICVI is issued; The scrapie premise or flock identification number or numbers; and Any other statement pertaining to the scrapie status of the flock if required under 9 CFR §§79.3 and 79.5, certifying the known scrapie status of the flock. After completing the ICVI, the issuing veterinarian shall forward a copy to the chief animal health official of the state of destination within 7 days of issuance and keep a copy of it for a minimum of 5 years. An ICVI is invalid 30 days after issuance. Exceptions to ICVI Requirement. An ICVI is not required for an animal moving into this State for immediate slaughter, provided that the animal is accompanied with an owner-hauler statement. Except as provided in Regulation .03B, an owner or hauler may move an animal within Maryland only if the animal is officially identified. When an animal is moved within Maryland, the seller and new owner shall keep a record of the transaction for a minimum of 5 years on an owner-hauler statement or other document approved by the Department that provides for traceability as required by 9 CFR 86. When an owner or hauler moves an animal within Maryland to an approved tagging site, the owner or hauler shall ensure that the animal is accompanied with a properly completed owner-hauler statement. When an owner or hauler moves an animal within Maryland from an approved tagging site or a restricted livestock facility to a farm in Maryland, the owner or hauler shall ensure that the animal is officially identified and accompanied with a waybill. When selling or transferring animals for immediate slaughter: The owner shall note on the owner-hauler statement or waybill that the animal is being sold for “immediate slaughter only”; and The owner, dealer, market operator, or hauler shall insure that the animal is delivered to the slaughter facility for processing within 72 hours of the animal’s sale or transfer. A person may not remove an animal from immediate slaughter: Without an ICVI or other document approved by the Department that has been signed by a State or federal official; or If prohibited by 9 CFR 79. Animals in slaughter channels as defined by 9 CFR 79 may only be removed from slaughter channels as provided in 9 CFR 79. The Department with the concurrence of the Administrator may redesignate high risk exposed animals as low risk exposed animals based on either the scrapie type involved or the epidemiology of the flock. A person may not move any of the following high risk exposed animals into or within Maryland without prior written approval from the Department: An animal that originates from a state that: Is not a scrapie consistent state as provided in 9 CFR §79.6, as determined by APHIS-VS; or Originates from any flock or area under any animal movement restriction resulting from the presence or suspected presence of scrapie infection; A sexually intact, genetically susceptible exposed animal; An animal that is scrapie suspect or scrapie positive; or An animal that is considered to be a high risk animal for scrapie as determined by the Department, by APHIS-VS, or by the chief animal health official of any state, any territory, or the District of Columbia, or any other official of a political subdivision recognized by the Department. If a clinically suspicious animal or test suspect is found, the flock owner or flock veterinarian is responsible for notifying the Department or the district office of APHIS-VS within 24 hours. The accredited veterinarian or APHIS-VS authorized laboratory that conducts a scrapie test is responsible for notifying the Department of the test results within 24 hours when a test-positive scrapie animal is found. The Department shall immediately notify the district APHIS-VS office of the positive finding. If a clinical or other scrapie suspect animal is reported by an owner, a veterinarian, or any other person, the following action shall be taken: The Department shall place the scrapie suspect animal and the flock under a hold order until the actual status of the animal is determined; A State or federal animal health official shall officially identify the suspect animal and the entire flock; The owner of the animal shall allow the Department to collect and submit tissues for diagnostic testing and scrapie genetic susceptibility testing from all animals in the flock to an authorized laboratory to conduct scrapie testing; and If the suspect animal is euthanized or dies, the Department shall ensure that appropriate tissues are collected for scrapie testing and that the carcass is completely destroyed by one of the following means: Proper disposal by the owner on the owner’s premises; or Disposal of the carcass by the owner at a Department-approved facility. When a scrapie positive animal is identified by an official test, the following action shall be taken: The Department shall place the scrapie positive animal and the flock under a hold order or other appropriate restriction until: An epidemiologic investigation is complete and the status of each animal in the flock is determined; The high risk animals die or are euthanized or removed to an approved research facility; and The lambing or kidding areas are cleaned and disinfected; A DSE, or any other appropriate official designated by the Department and APHIS-VS, shall conduct the epidemiologic investigation for scrapie; A State or federal animal health official shall officially identify the positive animal and entire flock; The owner of the animal shall allow a State or federal animal health official to collect and submit tissues for diagnostic testing from all animals in the flock to a laboratory authorized by APHIS-VS to conduct scrapie testing or scrapie genetic susceptibility testing; and If an animal is euthanized or dies, the Department shall ensure that appropriate tissues are collected for scrapie testing and that the carcass is completely destroyed by one of the following means: Proper disposal by the owner on the owner’s premises; or Disposal of the carcass by the owner at a Department-approved facility. When a flock of sheep or goats is determined by State or federal animal health official to have received a scrapie exposed or high risk animal, the following steps shall be taken: The flock owner shall be contacted by a State or federal veterinary medical officer; The State or federal animal health officer shall place the scrapie exposed or high risk animal and the entire flock under a hold order until the status of the flock is determined; A State or federal animal health official shall officially identify the exposed or high risk animal and the entire flock; and A DSE or a designated veterinary medical officer of the Department or APHIS-VS shall determine the status of animals within the flock by identifying the high risk and exposed animals and restricting the movement of any animal that is determined to be high risk. The flock owner shall allow a State or federal animal health official to officially identify the animals and to collect and submit animal tissues for diagnostic testing from all animals in the flock to a laboratory authorized by APHIS-VS to conduct scrapie testing or scrapie genetic susceptibility testing. The owner shall report immediately to a State or federal animal health official if an exposed or high risk animal dies or is in danger of dying. If an animal in the flock is euthanized or dies, the appropriate State or APHIS-VS official shall ensure that appropriate tissues are collected for scrapie testing and that the carcass is completely destroyed by one of the following means: Proper disposal by the owner on the owner’s premises; or A disposal of the carcass by the owner at a Department-approved facility. In addition to the requirements of this chapter, the owner of a sheep or goat shall comply with APHIS-VS requirements as provided by 9 CFR, Parts 54 and 79. A person who violates this chapter is subject to an administrative fine up to $10,000 as provided in COMAR 15.11.19. In addition to any administrative penalty, any person who violates this chapter is guilty of a misdemeanor and is subject to fine or imprisonment as provided by Agriculture Article, §§12-101 and 12-102, Annotated Code of Maryland. Agriculture Article, §§3-101, 3-105, 3-108, 3-116, and 12-103, Annotated Code of Maryland Effective date: September 26, 2005 (32:19 Md. R. 1588) Regulations .01—.08, under Eradication of Scrapie in Maryland, repealed and new Regulations .01—.12, under Requirements for Sheep and Goats for the Eradication of Scrapie, adopted effective July 4, 2016 (43:13 Md. R. 713) This chapter establishes standards for determining the appropriate penalty to be imposed on a person who violates a provision of Agriculture Article, Title 3, Subtitle 1, Annotated Code of Maryland. In this chapter, the following terms have the meanings indicated: Terms Defined. “Disease” means a contagious or infectious disease affecting domestic animals. “Secretary” means the Secretary of Agriculture or the Secretary's designee, including the State Veterinarian and staff. Instead of or in addition to any other penalty allowed under State law, the Secretary may impose an administrative penalty on a person who violates any provision of Agriculture Article, Title 3, Subtitle 1, Annotated Code of Maryland, including, but not limited to, the following acts: Resisting or failing to comply with a quarantine established by the Governor, based on facts presented by the Secretary; Resisting or failing to comply with a quarantine established by the Secretary to protect domestic animals against disease; Resisting or failing to comply with any order by the Secretary to prevent or to control the communication or spread of disease; Resisting or failing to cooperate with the Secretary when the Secretary carries out any duty to prevent or to control the spread of disease; Refusing access to the premises or failing to allow the Secretary to inspect any location where the Secretary has reason to believe that disease may exist; Failing to comply with any regulation adopted by the Secretary pursuant to Agriculture Article, Title 3, Subtitle 1, Annotated Code of Maryland; Concealing the fact that disease exists on the premises; and Selling or otherwise disposing of an animal that the person has reason to believe is infected with a disease, or exposed to one within 90 days, or, without the Secretary's consent, permitting the animal to pass over any public highway, lane, or alley, or to graze any unfenced lot or piece of ground. After providing notice and an opportunity to be heard, the Secretary may assess an administrative penalty, not to exceed $10,000, for each act that constitutes a violation of Agriculture Article, Title 3, Subtitle 1, Annotated Code of Maryland, including, but not limited to, any of the separate acts specified in Regulation .03 of this chapter. If the Secretary finds that the person has committed multiple violations of this subtitle, the Secretary, considering the factors specified in §B of this regulation, may assess a separate civil penalty up to $10,000 for each violation. In assessing a civil penalty imposed under §A, the Secretary shall give consideration to: The seriousness of the violation, including the nature and degree of the potential harm to animal health; The willfulness of the violation; The extent to which the existence of the violation was known to the violator, but not corrected or otherwise addressed in a timely and adequate manner; The extent to which the violator had exercised reasonable care to have prevented the violation from occurring in the first instance; The actual harm to animal health; The cost of control; The extent to which the particular violation is part of a recurrent pattern of the same or similar type of violation committed by the violator; and Whether the violator previously has violated any provision of Agriculture Article, Title 3, Subtitle 1, Annotated Code of Maryland. A person may appeal under Agriculture Article, §2-405, Annotated Code of Maryland, the Secretary's decision to impose a penalty. Unless a stay has been granted, a person against whom a civil penalty has been imposed under this chapter shall pay the amount of the penalty promptly to the Secretary. Agriculture Article, §3-116, Annotated Code of Maryland Effective date: Regulations .01—.04 adopted as an emergency provision effective August 25, 2006 (33:19 Md. R. 1555); emergency status expired February 21, 2007 Regulations .01—.04 adopted effective February 26, 2007 (34:4 Md. R. 402)