54-2748. Rules and regulations.

The department may adopt and promulgate rules and regulations to aid in implementing the Scrapie Control and Eradication Act. The rules and regulations may include, but are not limited to:

(1) The scrapie flock certification program, including testing provisions governing: (a) When, where, how, by whom, and how often testing is to be done; (b) what flocks are to be subjected to testing; (c) how and by whom results of testing are to be recorded; (d) by whom and to whom the results of the testing are to be reported; and (e) how, by whom, and for what purposes such results will be utilized;

(2) The scrapie control and eradication program, including provisions governing: (a) When, where, how, by whom, and how often testing is to be done; (b) what flocks are to be subjected to testing; (c) requirements of flock cleanup plans, including forms, execution, contents, duration, amendments, and enforcement; (d) how and by whom results of testing are to be recorded; (e) by whom and to whom the results of the testing are to be reported; (f) how, by whom, and for what purposes such results will be utilized; and (g) assignment of and requirements for titles for status of sheep or goat flocks and the suspension, expiration, and cancellation of such titles;

(3) Surveillance in flocks and at slaughter establishments and concentration points, including provisions governing: (a) When, where, how, by whom, and how often testing is to be done; (b) what sheep or goats and flocks are to be subjected to testing; (c) how and by whom results of testing are to be recorded and reported; and (d) the use of the results of testing by the department;

(4) The issuance and release of quarantines and the requirements regarding the handling, movement, and disposition of animals under quarantine;

(5) The cleaning and disinfecting of affected premises, including provisions governing: (a) The materials to be used; (b) the procedures to be used; and (c) when such procedures are to be performed;

(6) The testing of animals to detect scrapie, including provisions governing: (a) Which tests are to be deemed official tests; (b) by whom the testing is to be administered; (c) how the testing is to be conducted; (d) the reaction tolerances to be recognized; and (e) the classification of results as to negative, suspect, or positive. These rules and regulations shall be consistent with the best available scientific information relative to the control and eradication of scrapie;

(7) The identification of premises and animals subject to the act, including provisions governing: (a) Exposed and infected animals; (b) source flocks; (c) animals to be tested; (d) type of identification; and (e) animals requiring identification as required for compliance with 9 C.F.R. parts 54 and 79;

(8) The administration of the scrapie control and eradication program subject to the availability of funds;

(9) The assessment and collection of costs for services provided and expenses, not to exceed actual costs, incurred under the act;

(10) The preparation, maintenance, handling, filing, and disposition of records and reports by persons subject to the act concerning the testing or movement of animals;

(11) Program activities and cleanup testing under the act on which state funds, if appropriated and available, shall be used by the department and limitations on use of such state funds for testing and other activities under the act;

(12) Prohibitions and movement conditions of animals in interstate and intrastate movement;

(13) Requirements for change of ownership to include (a) testing, (b) identification, and (c) records;

(14) Activities required for flocks deemed by officials to be included in an APHIS indemnification process, as provided in 9 C.F.R. part 54, including eligibility, application, owner certification statements, amount of indemnity payments, procedure for destruction of animals, and flock plans and postexposure management and monitoring plans; and

(15) Any other areas deemed necessary by the department to effectively control and eradicate scrapie.

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