250 R.I. Code R. 250-RICR-40-05-7.5

Current through October 15, 2024

Section 250-RICR-40-05-7.5 - Definitions

A. "Accredited veterinarian" means a veterinarian approved by the Administrator of APHIS, in accordance with 9 C.F.R. § 161 to perform functions required by State and Federal animal disease-control and eradication programs;

B. "Administrator" means the administrator of APHIS, or any other employee authorized to act for or on behalf of the Administrator;

C. "Animal" means any sheep or goat;

D. "APHIS" means the Animal and Plant Health Inspection Service of the U.S. Department of Agriculture;

E. "Board" means the State Scrapie Certification Board;

F. "Breed associations" or "registries" means organizations which maintain the permanent records of ancestry or pedigrees of animals (including the animal's sire and dam), individual identification of animals, and ownership of animals;

G. "Certificate" means an official document issued in accordance with 9 C.F.R. § 79.5 by an APHIS representative, State representative, or accredited veterinarian at the point of origin of an interstate movement of animals;

H. "Commingling" or "Commingle" or "Commingled" means animals grouped together and having physical contact with each other, including contact through a fence, but not limited contacts. Commingling also includes sharing the same section in a transportation unit where there is physical contact;

I. "Director" means the Director of the Department of Environmental Management of the State of Rhode Island, or his or her duly authorized representative;

J. "Electronic implant" means any radio frequency identification implant device approved for use in the Scrapie Program by the Administrator. The Administrator will approve an electronic implant after determining that it is tamper resistant, not harmful to the animal, and readable by equipment available to APHIS and State representatives;

K. "Flock" or "Herd" means all animals maintained on a premises that are commingled and all animals under common ownership or supervision on two or more premises with animal interchange between the premises. Two flocks may be maintained on a single premises provided they:

1. Are kept at least 30 feet apart by a double fence at all times while on the premises;

2. Have flock records and identification that are separate;

3. Have separate lambing or kidding facilities, including buildings and pastures (e.g., if lambing or kidding occurs on a pasture-type situation, the pasture used for lambing or kidding by one flock may not be used by the other flock at any time); and,

4. Do not share equipment between the flocks without prior cleaning and sanitation;

L. "Flock plan" means a written flock management agreement signed by the owner of a flock, the accredited veterinarian, if one is employed by the owner, and a State or APHIS representative in which each participant agrees to undertake actions specified in the flock plan to control the spread of scrapie from, and eradicate scrapie in, an infected flock or source flock or to reduce the risk of the occurrence of scrapie in a flock that contains a high-risk or exposed animal. As part of a flock plan, the flock owner must provide the facilities and personnel needed to carry out the requirements of the flock plan. The Flock Plan must comply with all of the requirements of 9 C.F.R. § 54.8;

M. "Flock of origin" means the flock in which an animal most recently resided in which it was either born, gave birth, or was used for breeding purposes. The determination of an animal's flock of origin may be based either on the physical presence of the animal in the flock, the presence of official identification on the animal traceable to the flock, the presence of other identification on the animal that is listed on the bill of sale, or other evidence, such as registry records;

N. "National animal identification system" or "NAIS" means a national program implemented by the United States Department of Agriculture intended to identify and register all premises associated with the animal agriculture industry and/or to identify all animals and poultry and track them as they come into contact with, or commingle with, animals other than herd-mates or flock-mates from their premises of origin over the course of their lifespan;

O. "Official identification" means a unique, permanent, secure, traceable individual identification, approved by the Board and by APHIS for use in the Scrapie Eradication Program. The following types of identification are approved for the Voluntary Scrapie Flock Certification Program:

1. Tamper-resistant ear tag approved by APHIS for use in the Voluntary Scrapie Flock Certification Program,

2. Flank or ear tattoo (or, in the case of goats registered with the American Dairy Goat Association, tail web tattoo), and,

3. Electronic identification.

P. "Owner" means an individual, partnership, company, corporation or other legal entity that has legal or rightful title a flock or herd of animals, regardless of any liens held on the animals or flocks or herds of origin.

Q. "Premises" means the ground, area, buildings, and equipment occupied by one or more flocks or herds of animals.

R. "Restricted movement feeder animal" means an animal that is less than 18 months of age as evidenced by the eruption of the second incisor, is not pregnant, has never given birth or aborted, is not commingled with breeding animals from other flocks, and will be slaughtered at less than 18 months of age.

S. "Restricted movement certificate" means a board-approved form which accompanies a restricted movement feeder animal that does not have official identification when moved from one premises to another, and which restricts the animal to slaughter channels.

T. "Scrapie" means a non-febrile, transmissible, insidious degenerative disease affecting the central nervous system of sheep and goats. Scrapie, a transmissible spongiform encephalopathy, may cause, but is not limited to causing, the following signs in affected animals:

1. Weight loss despite retention of appetite

2. Behavioral abnormalities

3. Pruritis (itching)

4. Wool pulling

5. Biting at legs or side

6. Lip smacking

7. Motor abnormalities, such as incoordination

8. High-stepping gate of forelimbs

9. Bunny-hop movement of rear legs

10. Blindness

11. Swaying of back end

12. Increases sensitivity to noise and sudden movement

13. Tremor

14. "Star gazing"

15. Head pressing

16. Recumbency

17. It is important to note that not all scrapie-affected animals show all clinical signs;

U. "Slaughter channel" means any animal that is sold, transferred, or moved either directly to a slaughter facility, to an individual for custom slaughter, or for feeding for the express purpose of improving the animals' condition for movement to slaughter. Any sexually intact animal that is commingled with breeding animals or that has been bred is not in slaughter channels. When selling animals for slaughter, owners should note on the bill of sale that the animals are sold only for slaughter;

V. "Scrapie flock certification program" means the cooperative Federal-State industry voluntary program for the control of scrapie, conducted in accordance with 9 C.F.R. § 54(B) to:

1. Reduce the occurrence and spread or scrapie;

2. Identify flocks that have been free of evidence of scrapie over specified time periods; and,

3. Contribute to the eventual eradication of scrapie.

W. "State veterinarian" means a veterinarian licensed by the State of Rhode Island and employed the Rhode Island Department of Environmental Management.

250 R.I. Code R. 250-RICR-40-05-7.5