Tenn. Comp. R. & Regs. 0080-02-01-.01

Current through September 10, 2024
Section 0080-02-01-.01 - DEFINITIONS
(1) For Purposes of these Rules:
(a) Accredited Veterinarian - An accredited veterinarian shall be as defined in 9 C.F.R. 160.1.
(b) Approved Livestock Market - A stockyard, livestock market, buying station, concentration point, or any other premises under state or federal veterinary supervision where livestock are assembled for sale or sale purposes, and which has been approved by the USDA, or the appropriate state animal health official in accordance with 9 C.F.R. 71.20.
(c) Approved Slaughter Establishment - Any slaughter establishment operating under the provisions of the Federal Meat Inspection Act, 21 U.S.C. 601, et seq.
(d) Breeding Swine - Swine that are used or intended to be used for breeding, including all swine other than feeder swine or slaughter swine.
(e) Brucellosis Suspect - An animal subjected to an official test resulting in a Brucellosis suspect classification or reclassified as a Brucellosis suspect by a designated epidemiologist, as provided in the definition of official test.
(f) Certified Brucellosis-Free Herd - A herd of cattle that has qualified for such status in accordance with 9 C.F.R. 78.1.
(g) Change of Ownership - Ownership changing from one individual or entity to another, either through selling, bartering, trading, or donating to another individual or entity.
(h) Classification of States - The definitions of Class A, Class B, Class C and Class Free states shall be as set forth in 9 C.F.R. 78.1.
(i) Commercial Production Swine - Those swine that are continuously managed and have adequate facilities and practices to prevent exposure to either transitional production or feral swine.
(j) Dairy and Breeding Cattle - Shall include all intact male and female cattle other than feeder cattle or slaughter cattle.
(k) Department - The Tennessee Department of Agriculture.
(l) Domestic Animals - Shall include cattle, bison, horses, mules, asses, sheep, goats, swine, avian species, and all Class III animals as defined by T.C.A. § 70-4-403(3).
(m) Entry Permits - A verbal or written pre-movement authorization for entry of livestock into Tennessee, issued by the Tennessee state veterinarian or his agent.
(n) Exposed Animal (Brucellosis) - Any animal, except a Brucellosis reactor animal, that is part of a herd known to be affected by, or that has been in contact with, a Brucellosis reactor animal in marketing or other channels for twenty-four (24) hours, or for less than twenty-four (24) hours if such Brucellosis reactor animal has aborted or calved within the past thirty (30) days or has a vaginal discharge.
(o) Farm of Origin (Cattle) - A farm or other premises where the cattle were born or have been kept for not less than four (4) months prior to the date of shipment, and which has not been used within such time to assemble, buy, or sell cattle from other sources.
(p) Farm of Origin (Swine) - The farm on which swine were born or have resided for at least ninety (90) consecutive days immediately prior to shipment, and which has not been used within such time to assemble, buy, or sell swine from other sources
(q) Feeder Cattle - Cattle which are intended for the sole purpose of feeding or grazing prior to slaughter and are less than eighteen (18) months of age as evidenced by the absence of eruption of the first permanent incisor teeth and are not parturient or post parturient, including steers and spayed heifers of any age.
(r) Feeder Swine - Swine that are less than four (4) months of age and are intended for feeding purposes prior to slaughter.
(s) Feral or Wild Swine - Swine that have lived part (feral) or all (wild) of their lives as free-roaming animals.
(t) Herd - A herd is all animals under common ownership or which have been in physical contact with each other within the preceding twelve (12) months, whether located on one or more premises.
(u) Negative - The designation of an animal as "negative" shall be as determined by a test approved by the USDA for such disease.
(v) Official Backtag - A backtag issued by the USDA that uniquely identifies each animal.
(w) Official Certificate of Veterinary Inspection
1. An official certificate of veterinary inspection is a legible record on a form adopted and approved for such use by the appropriate animal health official of the state of origin, that is prepared by an accredited veterinarian of the state of origin, and that certifies the inspection or examination of the animal(s) described thereon. Legal requirements shall not be met until an approved copy is forwarded by the appropriate animal health official of the state of origin to the Tennessee state veterinarian.
2. The official certificate of veterinary inspection shall list the names and addresses of the consignor and consignee, the origin of the animals, and the final destination of the animals, if different. It shall include an accurate description sufficient to identify each animal(s), which may include information about the animal's age, sex, breed, tags, tattoos, and/or brands. It shall include the dates and results of required tests, and the dates of required vaccinations.
3. Certificates of veterinary inspection shall be void after thirty (30) days from the date of inspection. No certificate of veterinary inspection shall be issued except in compliance with all import requirements of the State of Tennessee, unless otherwise specifically authorized by the Tennessee state veterinarian.
4. An Equine Interstate Event Permit (a/k/a an equine passport) is an official document that has been signed by the state veterinarian, the chief animal health officer, or the equivalent, of the state issuing the permit. At minimum, such permits shall include: the owner's name, complete address and phone number; the official certificate of veterinary inspection number that was the basis for issuing the permit; the date the official certificate of veterinary inspection was issued; a unique permit number issued by the state; the expiration date of the permit; a complete description of the horse, including its name, breed, color, age, and sex; the date of the horse's last EIA test; the name of the laboratory that performed the test; and the laboratory accession number of the laboratory that performed the test. The Equine Interstate Event Permit shall be valid for six (6) months when accompanied by proof of the official, negative EIA test (VS Form 10-11 or other equivalent document) specified in the Equine Interstate Event Permit. In no instance shall a permit be valid for more than twelve (12) months after the date of a negative EIA test. Equine shall have permanent, individual, animal identification in the form of a unique lip tattoo, brand, electronic implant, or digital photograph, which must be incorporated into the permit. Where digital photography is used for identification, the photograph must include images of the entire left and right sides of the animal, and a front view of the animal, including the head from the ear tips to below the lower lip.
(x) Official Proof of Test - Any documentation approved by state and federal animal health officials that bears a permanent individual identification of an animal and certification by an accredited veterinarian or regulatory animal health employee that the animal has been tested for a particular disease.
(y) Official Seal - A serially numbered metal or plastic strip that is self-locking and cannot be reused if opened, and which is applied by a representative of the USDA, or state veterinarian.
(z) Official Test - Official tests for specifically named diseases as referred to herein shall be such tests as are recognized as official by the appropriate animal health official of the state of origin and the USDA. The date of the test shall be the date the sample is taken from the animal.
(aa) Official Vaccinate - Any animal vaccinated and identified in accordance with 9 C.F.R. 78.1 and 85.1.
(bb) Parturient - Visibly pregnant; commonly referred to as "springing".
(cc) Person - An individual, corporation, association, partnership, or other legal entity.
(dd) Pet Swine - Non-commercial swine, including, but not limited to, those kept as pets, rescued, kept in collections or menageries, or used in displays, petting zoos or attractions at fairs or exhibitions.
(ee) Post Parturient - Having already given birth.
(ff) Pseudorabies-monitored Feeder Pig Herd - A swine breeding herd, of which the breeding animals over six (6) months of age have tested negative on an official Pseudorabies test according to the criteria below. Such test shall be conducted at least once a year, but may be required more frequently as ordered by the state veterinarian.

1-10 sows test all

11-35 sows test 10

36 or more test 30% or 30 head, whichever is less

(gg) Qualified Pseudorabies Negative Herd - A herd of swine that has qualified for such status in accordance with 9 C.F.R. 85.1.
(hh) Quarantined Feedlot - A confined area as set forth by 9 C.F.R. 78.1 and 85.1.
(ii) Reactor - Any animal that is subjected to an official test and found positive.
(jj) Shipping Permit - Shall mean a VS Form 1-27 or other document defined as a "permit" in 9 C.F.R. that is required to accompany livestock when movement is restricted.
(kk) Slaughter Cattle - Any cattle shipped directly to an approved slaughter establishment for slaughter within five (5) days. The designation of cattle as slaughter cattle is determined solely by the fact that such animals are consigned and shipped directly to an approved slaughter establishment, not by the origin, type, condition, health, or any other characteristic of such animals.
(ll) Slaughter Swine - Swine of any age, breed, or sex, which have been consigned and transported directly to an approved slaughter establishment for slaughter within five (5) days, or to an approved swine market for sale to a slaughter establishment.
(mm) Sporting Swine - Swine that are intended to be used solely for hunting.
(nn) Test-Eligible Cattle - All cattle, with the exception of steers and spayed heifers, that are eighteen (18) months of age or older as evidenced by the eruption of the first permanent incisor teeth, regardless of vaccination status; and all female cattle that are parturient or post-parturient, regardless of vaccination status and age.
(oo) Transitional Production Swine - Swine that have had reasonable opportunities to be exposed to feral or wild swine.
(pp) Transportation Document - Any document that accompanies a shipment of animals, including, but not limited to, a certificate of veterinary inspection, waybill, bill-of-sale, bill-of-lading, cargo manifest, shipping permit or an invoice that lists:
1. The point from which the animals are moved;
2. The destination of the animals;
3. The number and kind of animals covered by the document; and
4. The name and address of the owner or shipper.
(qq) USDA - The United States Department of Agriculture.
(rr) Validated Brucellosis-Free Herd (Swine) - A swine herd that has qualified for such status in accordance with 9 C.F.R. 78.1.

Tenn. Comp. R. & Regs. 0080-02-01-.01

Original rule certified June 4, 1974. Repeal by Public Chapter 261. New rule filed June 20, 1983; effective July 20, 1983. Amendment filed November 1, 1986; effective December 25, 1986. Amendment filed December 15, 1989; effective January 29, 1990. Amendment filed February 20, 2002; effective June 28, 2002. Amendment filed November 16, 2005; effective March 30, 2006. Amendment filed June 3, 2010; effective November 28, 2010. Emergency rule filed April 20, 2011; effective through October 17, 2011. Emergency rule filed April 20, 2011 expired effective October 18, 2011; rule reverted to its previous status. Amendments filed June 10, 2019; effective 9/8/2019.

Authority: T.C.A. §§ 4-3-203 and 44-2-102.