9 C.F.R. PART 72—TEXAS (SPLENETIC) FEVER IN CATTLE
Title 9 - Animals and Animal Products
Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4.
Source: 28 FR 5940, June 13, 1963, unless otherwise noted.
No animals infested with ticks [Boophilus annulatus (Margaropus annulatus), Boophilus microplus, or Rhipicephalus evertsi evertsi] or exposed to tick infestation shall be shipped, trailed, driven, or otherwise moved interstate for any purpose, except as provided in this part. Notice is hereby given that the contagious, infectious, and communicable disease known as splenetic or tick fever exists in cattle in portions of the State of Texas and the Virgin Islands of the United States. Notice is also hereby given that ticks which are vectors of said disease exist in the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the Island of Guam. Therefore, portions of the State of Texas, the Virgin Islands of the United States, the Northern Mariana Islands, the Commonwealth of Puerto Rico and the Island of Guam are hereby quarantined as provided in §§72.3 and 72.5, and the movement of cattle therefrom into any other State or Territory or the District of Columbia shall be made only in accordance with the provisions of this part and part 71 of this chapter. [43 FR 60864, Dec. 29, 1978] The entire Territories of the Virgin Islands of the United States and the Island of Guam, the Northern Mariana Islands, and the Commonwealth of Puerto Rico are quarantined. [43 FR 60864, Dec. 29, 1978] The area quarantined in Texas is the quarantined area described in the regulations of the Texas Animal Health Commission (TAHC) contained in §§41.14 through 41.22 of title 4, part II, of the Texas Administrative Code (4 TAC 41.14 through 41.22), effective June 23, 2002, which is incorporated by reference. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of 4 TAC 41.14 through 41.22 may be obtained from the TAHC at 2105 Kramer Lane, Austin, TX 78758, and from area offices of the TAHC, which are listed in local Texas telephone directories. The TAHC also maintains a copy of its regulations on its Internet homepage at http://www.tahc.state.tx.us/. Copies may be inspected at the Animal and Plant Health Inspection Service, Veterinary Services, suite 3B08, 4700 River Road, Riverdale, MD, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.php. [69 FR 8329, Feb. 24, 2004, as amended at 69 FR 18803, Apr. 9, 2004] Cattle in quarantined areas where tick eradication is not being conducted3 3 Information regarding the identities of such areas may be obtained from the Animal and Plant Health Inspection Service, Veterinary Services, National Animal Health Programs, 4700 River Road Unit 43, Riverdale, Maryland 20737–1231. [66 FR 21061, Apr. 27, 2001] Cattle in areas where tick eradication is being conducted in cooperation with State authorities,3 which on inspection by an APHIS inspector are found to be apparently free from ticks, may, after one dipping, with a permitted dip as provided in §72.13, under the supervision of an APHIS inspector and certification by the inspector, be shipped or transported interstate for dip as provided in §72.13, under the supervision of an APHIS inspector and certification by the inspector, be shipped or transported interstate for any purpose upon compliance with the requirements set forth in §§72.9 through 72.15. [36 FR 20358, Oct. 21, 1971, as amended at 56 FR 51975, Oct. 17, 1991] Cattle located in areas where tick eradication is being conducted in co- operation with the State authorities, and which are on premises shown by the official records of tick eradication to be free from ticks, may, upon inspection and certification by an APHIS inspector, be shipped or transported interstate for any purpose without dipping upon compliance with the requirements set forth under §§72.9, 72.10, 72.12. [28 FR 5940, June 13, 1963, as amended at 56 FR 51975, Oct. 17, 1991] All interstate movements of inspected and certified and dipped and certified cattle shall be accompanied to final destination by a certificate of an APHIS inspector (which certificate shall show that the cattle so being moved have been dipped as required by §72.6 or by §72.7 and are free of ticks, or have been inspected as required by §72.8 and are free of ticks); all such certificates shall be handled, delivered, kept, and preserved in accordance with the provisions of §72.16; and all such cattle shall be handled through noninfectious pens, alleys, and chutes, and when shipped shall be loaded into clean and disinfected cars or trucks, and shall not be unloaded in the quarantined area except at such points reserved for noninfested cattle as may from time to time be authorized by APHIS. [28 FR 5940, June 13, 1963, as amended at 56 FR 51975, Oct. 17, 1991] All such interstate movements of inspected or dipped and certified cattle are subject to such restrictions, which are not inconsistent with the regulations in this subchapter, as may be imposed at destination by the officials of the State, Territory, or the District of Columbia. Cattle of the quarantined area shall be considered infested and shall not be placed in noninfectious pens or premises until after the final inspection or dipping. The cattle shall not be exposed to tick infestation after treatment and/or inspection. (a) Dipping requirements; facilities; handling. The dipping of cattle for interstate movement shall be done only with a permitted dip and at places where proper equipment is provided for dipping and for handling the cattle in a manner to prevent exposure to infection after the final dipping. Cattle which are to be dipped shall be given an opportunity to drink sufficient water to quench their thirst prior to dipping, be carefully handled, and not dipped while they are in a heated or exhausted condition. Dipped cattle shall not be loaded for shipment until dry.4 4 Care is required when treating animals and in maintaining the required concentration of chemicals in dipping baths. Detailed information concerning the use of, criteria for, and names of proprietary brands of permitted dips—as well the use of compressed air, vat management techniques, and other information—is available from the Animal and Plant Health Inspection Service, Veterinary Services, National Animal Health Programs, 4700 River Road Unit 43, Riverdale, MD 20737–1231. (b) Permitted dips. The dips at present permitted by the Department in official dipping for interstate movement are: (1) Approved proprietary brands of a Dioxathion (Delnav®) emulsifiable concentrate used at a concentration of 0.125 to 0.150 percent.4 (2) Approved proprietary brands of coumaphos (Co-Ral®), 25 percent wettable powder or flowable form labeled for use as a 0.25 percent dip and used at a concentration of 0.125 to 0.250.4 (3) Approved proprietary brands of organophosphorous insecticides (Prolate®) if used in a Prolate-water bath where the concentration level is at least 0.15 percent and if used in accordance with the EPA approved label. (4) Approved proprietary brands of organophosphorous insecticides (Ciodrin®) if used in a concentration of 0.44 to 0.54 percent and if used in accordance with the EPA approved label. (c) Approval of dips. Proprietary brands of dips are permitted to be used for purposes of this part only when approved by the Administrator, APHIS. Before a dip will be specifically approved as a permitted dip for the eradication of ticks, APHIS will require that the product be registered under the provisions of the Federal Insecticide, Fungicide and Rodenticide Act, as amended (7 U.S.C. 135 et seq.); that its efficacy and stability have been demonstrated; that trials have been conducted to determine that its concentration can be maintained and that under actual field conditions the dipping of cattle with a solution of definite strength will effectually eradicate ticks without injury to the animals dipped. (d) Tissue residues; restriction on slaughter. Tissue residues are created following use of certain dips. Animals treated with such dips should not be slaughtered for food purposes until the expiration of such period as may be required under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.). The length of this period shall be specified on each certificate issued by the inspector who supervises the dipping. [33 FR 18089, Dec. 5, 1968, as amended at 34 FR 12214, July 24, 1969; 36 FR 19157, Sept. 30, 1971; 36 FR 19972, Oct. 14, 1971; 37 FR 13529, July 11, 1972; 38 FR 19012, July 17, 1973; 40 FR 12768, Mar. 21, 1975; 42 FR 19854, Apr. 15, 1977; 47 FR 11002, Mar. 15, 1982; 49 FR 19799, May 10, 1984; 49 FR 32540, Aug. 15, 1984; 50 FR 430, 431, Jan. 4, 1985; 56 FR 51974, Oct. 17, 1991; 66 FR 21062, Apr. 27, 2001] When the cattle are to be dipped under APHIS supervision the owner of the cattle, offered for shipment, or his agent duly authorized thereto, shall first execute and deliver to an APHIS inspector an application for inspection and supervised dipping wherein he shall agree to waive all claims against the United States for any loss or damage to said cattle occasioned by or resulting from dipping or other treatment under this part, or resulting from any subsequent treatment prior to their interstate shipment, or resulting from the fact that they are later found to be still tick infested, and also for all subsequent loss or damage to any other cattle in the possession or control of such owner which may come into contact with the cattle so dipped or treated. [28 FR 5940, June 13, 1963, as amended at 56 FR 51975, Oct. 17, 1991] When deemed advisable and upon recommendation by the proper livestock sanitary authorities, designated dipping stations may be approved by the Administrator, APHIS as points at which cattle of the quarantined area of the State in which said station is located may be inspected, dipped, and certified for interstate movement. The facilities furnished shall include proper dipping equipment, noninfectious pens constructed in accordance with §72.17 and a roofed or covered section of pens of sufficient size to protect all dipped animals from exposure to rain or hot sun. All alleys, chutes, and pens shall be paved or properly floored. [28 FR 5940, June 13, 1963, as amended at 50 FR 430, Jan. 4, 1985; 56 FR 51974, Oct. 17, 1991] (a) Specifications for construction and maintenance. Cattle of the free area, and cattle of the quarantined area when properly dipped, inspected, and certified in accordance with this part, which are transported interstate by rail through the quarantined area shall not be unloaded therein for rest, feed, and water unless they are unloaded into the properly equipped, noninfectious pens set apart for such cattle at such points as may from time to time be authorized by APHIS. Such noninfectious pens and the platforms, chutes, and alleys leading thereto shall be constructed and maintained in accordance with the specifications set out in paragraphs (a)(1) to (6) of this section. (1) The outside fences enclosing such pens, and the fences on either side of the alleys, chutes, and platforms leading thereto, shall be tight board fences not less than 6 feet high on the inside. (2) If such pens, alleys, chutes, and platforms are adjacent to pens, alleys, chutes, and platforms used by cattle of the quarantined area, there shall be between them a space not less than 10 feet wide, which shall be inaccessible to livestock. This space shall be limited on each side by the 6–foot fence required by paragraph (a)(1) of this section. The remaining space around such yards shall be limited as in paragraph (a)(3) of this section. (3) If such pens, alleys, chutes, and platforms are isolated from other pens, alleys, chutes, or platforms, there shall be built and maintained outside thereof on all sides to which cattle of the vicinity might otherwise approach a cattle-proof fence not less than 5 feet high and not less than 15 feet from the 6–foot fence required by paragraph (a)(1) of this section. (4) The only means of egress from such pens shall be by way of the alleys, chutes, and platforms inclosed by 6–foot fences as required by paragraph (a)(1) of this section, to cars for reforwarding; and under no circumstances shall there exist any connection between such pens and other adjacent premises. (5) Such noninfectious premises shall be so located, or such drainage facilities shall be provided therefor, that water from the surrounding area will not flow on to or through them. (6) Such pens shall be marked by a conspicuous sign bearing the words “Noninfectious Pens” in letters not less than 10 inches in height. (b) Materials for use in noninfectious pens; source, shipment, handling. The hay, straw, or similar materials required for feed and bedding in such noninfectious pens shall be shipped in noninfectious cars from points outside of the quarantined area so handled that they may not become infectious. [28 FR 5940, June 13, 1963, as amended at 56 FR 51975, Oct. 17, 1991] (a) Tick-infested cattle. Cattle of the free area which are tick-infested may be moved interstate for any purpose after they have been treated in the same manner as cattle under §72.6: Provided, however, That when dipping equipment is not available at the place where the cattle are, said treatment shall be given at a place and in the manner specified by the Administrator, APHIS. (b) Tick-exposed cattle. Cattle of the free area which have been exposed to tick infestation may be moved interstate for any purpose after they have been treated in the same manner as cattle under §72.7: Provided, however, That when dipping equipment is not available at the place where the cattle are, said treatment shall be given at a place and in the manner specified by the Administrator, APHIS. (c) Cattle moved contrary to regulations. Cattle which have been moved from the quarantined area to the free area without first having been treated in the manner provided in either §72.6 or §72.7 or inspected in the manner provided in §72.8 shall not be shipped or moved interstate until they have been treated in the same manner as cattle under §72.6: Provided, however, That when dipping equipment is not available at the place where the cattle are, said treatment shall be given at a place and in the manner specified by the Administrator, APHIS. [28 FR 5940, June 13, 1963, as amended at 50 FR 430, Jan. 4, 1985; 56 FR 51974, Oct. 17, 1991] Pine straw, grass, or similar litter collected from tick-infested pastures, ranges, or premises may disseminate the contagion of splenetic, southern, or Texas fever; therefore pine straw, grass, or similar litter originating in the quarantined area shall not be transported or moved interstate therefrom or used as packing material or car bedding for commodities or livestock to be transported or moved from the quarantined area of any State, Territory, or the District of Columbia, to or through the free area of any other State, Territory, or the District of Columbia, unless such material is first disinfected in accordance with the provisions of §72.24. The exhibition of noninfected cattle at fairs or exhibitions in the quarantined area and their reshipment to the free area without dipping may, by written order of the Administrator, APHIS be permitted: Provided, That the cattle shall be handled under such conditions as may be prescribed in each case to preclude any danger of the spread of infection. [28 FR 5940, June 13, 1963, as amended at 56 FR 51974, Oct. 17, 1991] Animals other than cattle which are infested with ticks [Boophilus annulatus (Margaropus annulatus), Boophilus microplus, or Rhipicephalus evertsi evertsi] or exposed to tick infestation shall not be moved interstate unless they are treated, handled, and moved in accordance with the requirements specified in §§72.9 through 72.15 and §72.18 of this part governing the interstate movement of cattle. Cars and other vehicles, and yards, pens, chutes, or other premises or facilities, which have contained interstate shipments of animals infested with or exposed to ticks, shall be cleaned and treated within 72 hours of use and prior to further use in the required concentration with a permitted dip listed in §72.13 under supervision of a State or Federal inspector or an accredited veterinarian. [38 FR 21996, Aug. 15, 1973] Cars or others vehicles which have carried cattle exposed to or infested with ticks within the quarantined area of any State shall be cleaned and treated in the required concentration with a permitted dip listed in §72.13 before being moved interstate under supervision of a State or Federal inspector or an accredited veterinarian. [38 FR 21996, Aug. 15, 1973] The litter and manure removed from cars, boats, or other vehicles and from pens, chutes, alleys, or other premises or inclosures which have contained interstate shipments of tick-infested animals, shall be destroyed or treated by the transportation or yard company, or other owner thereof, under APHIS supervision, by saturating it in the required concentration with a permitted dip listed in §72.13, or shall be otherwise disposed of under prior permission received from the Administrator, APHIS. [38 FR 21996, Aug. 15, 1973, as amended at 56 FR 51974, 51975, Oct. 17, 1991] Dipping is accomplished by thoroughly wetting the entire skin by either immersion in a chemical solution in a dip vat, or by spraying with a chemical solution using a spray-dip machine or a hand-held sprayer. [50 FR 430, Jan. 4, 1985]
Title 9: Animals and Animal Products
PART 72—TEXAS (SPLENETIC) FEVER IN CATTLE
Section Contents
§ 72.1 Ticks [Boophilus annulatus (Margaropus annulatus), Boophilus microplus, or Rhipicephalus evertsi evertsi]; interstate movement of infested or exposed animals prohibited.
§ 72.2 Splenetic or tick fever in cattle in Texas, the Virgin Islands of the United States and vectors of said disease in the Northern Mariana Islands, the Commonwealth of Puerto Rico and the Island of Guam: Restrictions on movement of cattle.
§ 72.3 Areas quarantined in the Virgin Islands of the United States, the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the Island of Guam.
§ 72.4 [Reserved]
§ 72.5 Area quarantined in Texas.
§ 72.6 Interstate movement of cattle from quarantined areas not eradicating ticks.
§ 72.7 Interstate movement of cattle from cooperating States.
§ 72.8 Interstate movement of cattle from free premises upon inspection and certification by APHIS inspector.
§ 72.9 Interstate movements of cattle; inspection and certification by APHIS inspector required.
§ 72.10 Inspected or dipped and certified cattle subject to restrictions of State of destination.
§ 72.11 Quarantined area; cattle considered infested; requirements for placing in noninfectious pens or premises.
§ 72.12 Cattle; exposure to tick infestation after treatment or inspection prohibited.
§ 72.13 Permitted dips and procedures.
§ 72.14 [Reserved]
§ 72.15 Owners assume responsibility; must execute agreement prior to dipping or treatment waiving all claims against United States.
§ 72.16 Designated dipping stations to be approved by the Administrator, APHIS on recommendations of State authorities; facilities.
§ 72.17 Unloading noninfected cattle for rest, feed, and water only, permitted in authorized pens for such purpose.
§ 72.18 Movement interstate; specification by the Deputy Administrator, Veterinary Services of treatment required when dipping facilities unavailable.
§ 72.19 Interstate shipments and use of pine straw, grass, litter from quarantined area; prohibited until disinfected.
§ 72.20 Exhibition of noninfected cattle in the quarantined area; restrictions under which permitted.
§ 72.21 Animals infested with or exposed to ticks subject to same restrictions as cattle.
§ 72.22 Cars, vehicles, and premises; cleaning and treatment after containing infested or exposed animals.
§ 72.23 Cars or other vehicles having carried infested or exposed cattle in quarantined area shall be cleaned and treated.
§ 72.24 Litter and manure from carriers and premises of tick-infested animals; destruction or treating required.
§ 72.25 Dipping methods.
§ 72.1 Ticks [Boophilus annulatus (Margaropus annulatus), Boophilus microplus, or Rhipicephalus evertsi evertsi]; interstate movement of infested or exposed animals prohibited.
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§ 72.2 Splenetic or tick fever in cattle in Texas, the Virgin Islands of the United States and vectors of said disease in the Northern Mariana Islands, the Commonwealth of Puerto Rico and the Island of Guam: Restrictions on movement of cattle.
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§ 72.3 Areas quarantined in the Virgin Islands of the United States, the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the Island of Guam.
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§ 72.4 [Reserved]
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§ 72.5 Area quarantined in Texas.
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§ 72.6 Interstate movement of cattle from quarantined areas not eradicating ticks.
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§ 72.7 Interstate movement of cattle from cooperating States.
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§ 72.8 Interstate movement of cattle from free premises upon inspection and certification by APHIS inspector.
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§ 72.9 Interstate movements of cattle; inspection and certification by APHIS inspector required.
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§ 72.10 Inspected or dipped and certified cattle subject to restrictions of State of destination.
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§ 72.11 Quarantined area; cattle considered infested; requirements for placing in noninfectious pens or premises.
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§ 72.12 Cattle; exposure to tick infestation after treatment or inspection prohibited.
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§ 72.13 Permitted dips and procedures.
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§ 72.14 [Reserved]
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§ 72.15 Owners assume responsibility; must execute agreement prior to dipping or treatment waiving all claims against United States.
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§ 72.16 Designated dipping stations to be approved by the Administrator, APHIS on recommendations of State authorities; facilities.
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§ 72.17 Unloading noninfected cattle for rest, feed, and water only, permitted in authorized pens for such purpose.
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§ 72.18 Movement interstate; specification by the Deputy Administrator, Veterinary Services of treatment required when dipping facilities unavailable.
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§ 72.19 Interstate shipments and use of pine straw, grass, litter from quarantined area; prohibited until disinfected.
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§ 72.20 Exhibition of noninfected cattle in the quarantined area; restrictions under which permitted.
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§ 72.21 Animals infested with or exposed to ticks subject to same restrictions as cattle.
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§ 72.22 Cars, vehicles, and premises; cleaning and treatment after containing infested or exposed animals.
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§ 72.23 Cars or other vehicles having carried infested or exposed cattle in quarantined area shall be cleaned and treated.
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§ 72.24 Litter and manure from carriers and premises of tick-infested animals; destruction or treating required.
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§ 72.25 Dipping methods.
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