
January, 2005 Amendment
001 Statement of Purpose
002 Administration and Reporting
003 General
004 Definitions
005 Procedures for Status Swine Herds
006 Pseudorabies Testing Procedures
007 Official Test
008 Issuance of Quarantine
009 Requirements of Quarantine
010 Movement of Swine Under Quarantine or Suspension
011 Release of Quarantine
012 Swine Herd Cleanup Plan
013 Pseudorabies Surveillance
014 Statewide Priorities for the Expenditure of State Funds
015 Intrastate Movement of Non-Quarantined Breeding and
Feeder Swine
016 Interstate Movements
017 Pseudorabies Vaccine Use
018 Exhibition of Swine
019 Feral Swine
020 Stage IV or V Status Lost; Regained
021 Swine Semen or Swine Embryos
022 Publications Adopted
023 Annotation
LAST DATE AMENDED: November 19, 2003
001 Statement of Purpose. The purpose of these
regulations is to aid in administering the Pseudorabies Control and Eradication Act,
Neb. Rev. Stat. §§54-2235 to 54-22,100.
002 Administration and Reporting.
002.02 As prescribed in the provisions of Neb.
Rev. Stat. §54-742, facts, belief, or suspicions regarding presence
of pseudorabies in livestock in Nebraska shall be immediately reported to the
Department of Agriculture.
002.03 Any person maintaining a pseudorabies monitored
herd, a qualified pseudorabies negative herd, a Stage II, III, IV, or V herd, or a herd
under quarantine shall keep all written documents and a complete and accurate record
of all sales, purchases, or other movement of swine for a period of two years from the
date of transaction. Such records shall include: (1) the names and addresses of the
consignor and consignee; (2) identification of breeding swine and number and
description of feeder pigs; (3) the date and destination of the shipment; (4) the name of
the pseudorabies vaccine and the number of doses purchased; and (5) any additional
information required by the Bureau. These records shall be made available to the
Bureau for inspection at reasonable times upon request.
003 General. Whenever required by the provisions of
these regulations, or whenever a person desires approval to engage in an activity restricted by
these regulations, or whenever any required action under these regulations has a
designated time limit for completion and an extension of the time is desired, the person
responsible for such action or activity shall request permission from the Bureau.
Application for permission shall specifically, completely, and accurately describe the
need and may either be made by telephone, in person, or in writing. Permission, if
granted, shall be in writing and signed by the Bureau. However, applicants may be
advised in advance by telephone or in person by the Bureau that written permission
shall be granted. Permission may be issued only when it is in the best interest of the
livestock industry and the State of Nebraska to do so and when it is consistent with
sound animal health practice. Permission may be withheld or revoked for violation by
the holder thereof of stated conditions. Notice of withdrawal or revocation of such
permission shall be given to the holder thereof in writing by the Bureau.
004 Definitions. The definition of terms found in the
Pseudorabies Control and Eradication Act shall apply to such terms when found in these
regulations. The terms and their definitions set out in this section shall have the same meaning
throughout these regulations.
004.02 ADMINISTRATOR means the administrator of APHIS
or any person authorized to act for the administrator.
004.03 AFFECTED HERD means a herd in which livestock are
infected, Neb. Rev. Stat. §54-2239.
004.04 AFFECTED SWINE HERD means a swine herd in
which swine have been determined by the results of an official test to be infected with or
diagnosed by a veterinarian as having pseudorabies, Neb. Rev.
Stat. §54-2241.
004.05 APHIS means the Animal and Plant Health Inspection
Service of the USDA.
004.06 AREA TESTING means testing of a random sample of
each swine herd in a program area, Neb. Rev. Stat.
§54-2242.
004.07 BREEDING HERD means a swine herd containing
breeding swine.
004.08 BREEDING SWINE means boars, sows, and gilts being
used or intended for use for reproductive purposes, Neb. Rev.
Stat. §54-2243.
004.09 BUREAU means the Bureau of Animal Industry of the
department and shall include: (1) state veterinarian, deputy state veterinarian, animal
epidemiologist, and any other veterinarians, livestock inspectors, investigators, and
other employees all whom are employed by the Bureau; and (2) veterinarians, animal
health technicians, and investigators employed by APHIS while performing duties
delegated to them by the Bureau.
004.10 CIRCLE TESTING means testing of a random sample
of each swine herd located within two miles of the affected premises if in a Stage II, III,
or IV status area and within five miles if in a Stage V status area. Stage II, III, IV, and V
status areas are established pursuant to the Part III Program Stages and Requirements
of the State-Federal-Industry Program Standards for Pseudorabies Eradication as
approved by the United States Department of Agriculture, Animal and Plant Health
Inspection Service, Veterinary Services, in effect on January 1, 2002, Neb.
Rev. Stat. §54-2244. A copy of Part III of Pseudorabies
Eradication State-Federal-Industry Program Standards, in effect on January 1, 2002, is
attached to these regulations as Appendix J and incorporated herein by reference.
004.11 CLASSIFICATION means determination made by the
Bureau of the pseudorabies status of a swine as either positive, negative, or suspect
based on the results of an official test.
004.12 CLEAN AND DISINFECT means the removal of litter,
feed, and manure in such a manner so as not to expose livestock to such litter, feed,
and manure and the cleaning of buildings, outside lots, associated equipment, and
vehicles with a general disinfectant which has been shown to be virucidal against the
pseudorabies virus.
004.13 CLEANUP TESTING means testing done in an affected
swine herd as part of a swine herd cleanup plan, Neb. Rev.
Stat. §54-2245.
004.14 CONCENTRATION POINT means any facility where
livestock from two or more herds are assembled and subsequently dispersed to one or
more locations, Neb. Rev. Stat. §54-2246.
004.15 CONTACT means direct access to other swine or the
litter, feed, excrement, or discharges of such swine.
004.16 DEPARTMENT means the Department of Agriculture or its
authorized agent, Neb. Rev. Stat. §54-2247.
004.17 EXPOSED means being part of an affected herd or having had a
reasonable opportunity to come in contact with infected livestock or a pseudorabies virus,
Neb. Rev. Stat. §54-2248.
004.18 FEE BASIS means the payment schedule set forth in
section 014 used to pay veterinarians from state funds for authorized work conducted in
accordance with the Pseudorabies Control and Eradication Act and regulations
adopted and promulgated thereunder.
004.19 FEEDER SWINE means swine being fed or intended to be
fed for weight-gaining purposes and eventual slaughter, Neb. Rev.
Stat. §54-2249.
004.20 FERAL SWINE means swine that have lived any part of
their lives as free-roaming.
004.21 HEALTH CERTIFICATE or CERTIFICATE OF
VETERINARY INSPECTION means a legible record issued by an accredited veterinarian
covering the requirements of the state or country of destination, recorded on an official form of
the state of origin or an approved form from the USDA. A copy of a Certificate of Veterinary
Inspection, Form A 237 is attached to these regulations as Appendix B and incorporated
herein by reference.
004.22 HERD means (1) any group of livestock maintained on
common ground for any purpose or (2) two or more groups of livestock under common
ownership or supervision geographically separated but which have an interchange of
livestock without regard to whether the livestock are infected or exposed, Neb.
Rev. Stat. §54-2250.
004.23 HERD ADDITION means the addition of livestock to an
existing herd, and in the case of swine shall include swine added by farrowing.
004.24 IDENTIFICATION means eartag, swine backtag, tattoo,
ear notching, or other identification which is approved by USDA and applied to swine and which
individually identifies such swine in or to the swine herd.
004.25 INFECTED means determined by the results of an official test
or diagnosed by a veterinarian as having pseudorabies, Neb. Rev. Stat.
§54-2251.
004.26 ISOLATION means separation of livestock by a physical barrier
in such a manner that other livestock do not have access to the isolated livestock's body,
excrement, or discharges; also, not allowing the isolated livestock to share a building with a
common ventilation system with other livestock; and, also, not allowing the isolated livestock to
be within ten feet of other livestock if not sharing a building with a common ventilation system.
004.27 LIVESTOCK means cattle, swine, sheep, or goats,
Neb. Rev. Stat. §54-2252.
004.28 MOVE FOR SLAUGHTER means the transportation of swine
from the swine herd to: (1) a recognized slaughtering establishment for slaughter; or (2) a
concentration point, and then to a recognized slaughtering establishment for slaughter; or (3) a
concentration point, to a slaughter market, and then to a recognized slaughtering establishment
for slaughter; or (4) a slaughter market, and then to a recognized slaughtering establishment for
slaughter.
004.29 NEGATIVE means not infected as determined by the
department based on the results of an official test, Neb. Rev. Stat.
§54-2253.
004.30 OFFICIAL GENE-ALTERED PSEUDORABIES
VACCINATE means swine vaccinated with an official gene-altered pseudorabies vaccine
licensed by USDA, and used in accordance with directions on the label of such vaccine.
004.31 OFFICIAL GENE-ALTERED PSEUDORABIES VACCINE
means any official pseudorabies vaccine which is licensed by USDA and for which there is an
approved differential pseudorabies test.
004.32 OFFICIAL PSEUDORABIES VACCINATE means a swine
vaccinated with an official pseudorabies vaccine licensed by USDA, and used in accordance with
the directions on the label of such vaccine.
004.33 OFFICIAL PSEUDORABIES VACCINE means any
pseudorabies virus vaccine produced under license by USDA.
004.34 OFFICIAL TEST means any testing procedure recognized for
use in the diagnosis of pseudorabies by (1) the United States Department of Agriculture in
9 C.F.R. part 85, in effect on January 1, 2002, or (2) the department in rules and regulations
adopted and promulgated pursuant to the Pseudorabies Control and Eradication Act,
Neb. Rev. Stat. §54-2254. A copy of 9 C.F.R. part 85 is attached
to these regulations as Appendix C and incorporated herein by reference.
004.35 OWNER means any owner or authorized representative of the
swine herd.
004.36 PERSON means any individual, corporation, company,
association, firm, partnership, society, joint stock company, or other legal entity.
004.37 PORTION means a number of swine according to the total
number of swine in the herd. The number of swine constituting a portion of a swine herd is as
follows: (1) in swine herds of less than 11 swine, the portion is all the swine; (2) in swine herds
of 11 to and including 35 swine, the portion is 10 swine; and (3) in swine herds of 36 or
more, the portion is 30 swine or 30% of the swine, whichever is less.
004.38 POSITIVE means infected as determined by the department
based upon results of an official test, Neb. Rev. Stat. §54-2255.
004.39 PREVALENCE means a determination by dividing the number
of quarantined premises in the state or area of the state by the number of swine herds in the state
or in the respective area.
004.40 PROGENY means offspring of a swine herd that are over 12
weeks and under 6 months of age.
004.41 PROGRAM AREA means a portion of a county, an entire
county, a group of adjacent counties, or part of or the entire state designated by the department to
be given priority assignment of a program activity and state funds, Neb. Rev.
Stat. §54-2258.
004.42 PSEUDORABIES means the contagious, infectious, and
communicable disease of livestock, variously known as Aujeszky's Disease, mad itch, PRV, or
infectious bulbar paralysis, Neb. Rev. Stat. §54-2259.
004.43 PSEUDORABIES SWINE HERD CLEANUP PLAN means a
written agreement (1) which is designed to eradicate pseudorabies from the swine herd pursuant
to section 54-2277, (2) which is developed by the swine herd owner or the authorized
representative of the swine herd owner and the development of which may include the
veterinarian for such swine herd, and (3) which is approved by the department, Neb.
Rev. Stat. §54-2267. A copy of such agreement is attached to these
regulations as Appendix I and incorporated herein by reference.
004.44 PSEUDORABIES HERD STATUS APPLICATION means a
form, attached to these regulations as Appendix F and incorporated herein by reference, which is
signed by the owner of the swine herd and which states: (1) the status swine herd classification
applied for; (2) the number of swine in the swine herd; and (3) any additional information
required by the Bureau.
004.45 QUALIFIED HERD means a swine herd which has a status
of qualified pseudorabies negative herd, qualified pseudorabies negative growout herd, or a
swine herd located in a USDA/APHIS designated Stage IV or V Area.
004.46 QUALIFIED PSEUDORABIES NEGATIVE GROWOUT
HERD means a swine herd which fulfills the qualifications of subsection 005.02.
004.47 QUALIFIED PSEUDORABIES NEGATIVE HERD means a
swine herd which fulfills the qualifications of subsection 005.01.
004.48 QUARANTINE means restriction of: (1) Movement imposed by the department on (a)
livestock, including one or more livestock classified suspect, positive, or exposed, (b)
a herd which is reasonably suspected of being infected or exposed, (c) a swine herd when the
swine herd owner refuses testing of his or her swine herd as required by the Pseudorabies Control
and Eradication Act, (d) swine imported into the state in violation of the Animal Importation Act,
or (e) swine imported into the state when a retest is required according to subdivision (4) of
section 54-2290; and (2) Use imposed by the department of the premises, vehicles, and
equipment used for such livestock or herd, Neb. Rev. Stat.
§54-2260.
004.49 RANDOM-SAMPLE TEST (95/2) means a sampling procedure
utilizing official pseudorabies serologic tests which provides a 95 percent probability of detecting
infection in a herd in which at least 2 percent of the swine are seropositive for pseudorabies.
Each segregated group of swine on an individual premises must be considered a separate herd
and sampled as follows:
004.54 SEGREGATED GROUP means swine which are part of a
swine herd which are maintained separately, and which have a minimal interchange of swine,
equipment, and personnel.
004.55 SLAUGHTER MARKET means concentration points where
all swine consigned are sold to go to a recognized slaughtering establishment.
004.56 SALE means a sale, lease, loan, trade, or gift Neb.
Rev. Stat. §54-2262.
004.57 STAGE means a designation II, III, IV, or V assigned to a state
or area of a state by the United States Department of Agriculture with respect to the prevalence of
pseudorabies contained therein, Neb. Rev. Stat. §54-2262.01.
004.58 STAGE II STATUS SWINE HERD means a swine herd that
is not quarantined, suspended, monitored, or qualified, and is located in an area of a state which
has been designated as a Stage II area by the USDA.
004.59 STAGE III STATUS SWINE HERD means a swine herd that
is not quarantined, suspended, monitored, or qualified, and is located in an area of a state which
has been designated as a Stage III area by the USDA.
004.60 STAGE IV STATUS SWINE HERD means a swine herd that
is not quarantined or suspended, and is located in an area of a state which has been designated as
a Stage IV area by the USDA.
004.61 STAGE V STATUS SWINE HERD means a swine herd that is
not quarantined or suspended, and is located in an area of a state which has been designated as a
Stage V area by the USDA.
004.62 STATUS SWINE HERD means a swine herd which has been
given a title approved and assigned by the department according to the pseudorabies disease
condition of the swine herd. Neb. Rev. Stat. §54-2263.
004.63 SURVEILLANCE means testing done to determine the
presence of pseudorabies in the state or a program area, Neb. Rev.
Stat. §54-2264.
004.64 SUSPECT means unable to be classified as positive or negative,
as determined by the department, based on the results of an official test, Neb.
Rev. Stat. §54-2265.
004.65 SWINE HERD means (1) any group of swine maintained
on common ground for any purpose or (2) two or more groups of swine under common
ownership or supervision geographically separated but which have an interchange of
swine without regard to whether the swine are infected or exposed, Neb. Rev.
Stat. §54-2266.
004.66 TEST means the action of examining a specimen from a donor
swine to determine the presence or absence of evidence that pseudorabies virus is or has been
present in such a swine.
004.67 TESTED means the completion of the testing.
004.68 TESTING means (1) the collection of a blood sample
from a swine by or under the supervision of an accredited veterinarian, (2) submitting such blood
sample to a laboratory which is approved by the administrator of the United States Department of
Agriculture, Animal and Plant Health Inspection Service, Veterinary Services, and which is
set out in the Veterinary Service Notice listing such laboratories, and (3) subjecting such blood
sample to an official test, Neb. Rev. Stat. §54-2268.
004.69 USDA means the United States Department of Agriculture.
004.70 VETERINARIAN means an individual who is a graduate
of a college of veterinary medicine, Neb. Rev. Stat. §54-2269.
004.71 VS means Veterinary Services of APHIS.
004.72 VS FORM 1-27 means an official document, attached to
these regulations as Appendix G and incorporated herein by reference, issued for and prior to the
interstate or intrastate movement of infected or exposed swine. Such document shall be issued
by a VS representative of the USDA, the Bureau, or an accredited veterinarian and shall state:
(1) the number of swine to be moved; (2) the purpose for which the swine are to be moved; (3)
the points of origin and destination; (4) the name and address of the consignor and consignee;
and (5) any additional information required to complete the form. Required distribution of this
form is shown thereon.
005 Procedures for Status Swine Herds.
005.01A(2) All breeding swine over six months of age and a portion of
the progeny shall have been tested and classified negative within the previous 30 days. All swine
tested shall have been part of the swine herd for at least 30 days or shall have had contact with
the breeding swine herd for at least 30 days, or have entered such a swine herd directly from
another qualified herd;
005.01A(3) When all swine are shipped directly from an existing
qualified herd, a new qualified pseudorabies negative herd may be established if all swine in the
initial shipment or 50 swine, whichever is less, are tested, provided such testing is done not less
than thirty (30) nor more than sixty (60) days after arrival of the initial shipment. The identity of
the qualified herd and the herd identification numbers from which the swine originated shall be
submitted with the status swine herd application and agreement;
005.01A(5) If the breeding swine are maintained on more than one
premises with an interchange of breeding swine, the breeding swine on each premises shall be
tested and classified negative;
005.01A(6) If the progeny of a qualified pseudorabies negative herd are
maintained on more than one premises with no interchange of swine, a portion of each segregated
group of progeny shall be tested and classified negative.
005.01A(7) All swine herds located in the Stage IV or Stage V area
which are not quarantined, or suspended, shall have a status equivalent to a qualified herd.
005.01B(2) A request for change in requalification testing schedule
shall be made on a status swine herd application and agreement submitted to the Bureau by the
owner.
005.01C(2) When a quarterly testing schedule is selected, the number
of swine to be tested shall equal 25% of the breeding herd. Of this 25% sample, the swine to be
tested shall consist of 80% breeding swine over six months of age and the remaining 20% of the
25% sample shall be progeny; and
005.01C(3) When there are no progeny in the herd, the swine to be
tested shall consist of 100% breeding swine; and
005.01C(4) If the breeding swine are maintained on more than one
premises with an interchange of breeding swine, a representative sample of the breeding swine
on each premises shall be tested and classified negative; and
005.01C(5) If the progeny of a qualified pseudorabies negative herd are
maintained on more than one premises with no interchange of swine, a portion of each segregated
group of progeny shall be tested and classified negative; and 005.01C(6) On approval of the
State Veterinarian, herds in Stage III, IV, or V areas may maintain status by performing a
random-sample test (95/5) in each segregated group of the breeding swine and performing a
monthly test of 50 progeny. Sampling in the population must be random, and the testing protocol
must be part of the approval.
005.01D(2) A swine herd which has had its qualified pseudorabies
negative herd status suspended, may regain such status by:
005.01D(2)(b) Removing all swine which were tested and classified
suspect, and testing all swine as required by the Bureau not less than 15 days after removal
of the swine classified suspect and finding such swine classified negative.
005.01E(2) The herd additions are not in compliance with 005.01G.
005.01E(3) Reinstatement of cancelled herds shall require testing the
number of swine that would have been required to be tested to keep the herd qualified to the
current date.
005.01G Herd Additions. Breeding swine to be added to a qualified
pseudorabies negative herd shall be moved directly or through no more than one concentration
point without exposure to swine which have not been individually tested and classified
negative, or are from a Stage II or III status herd, a herd with a suspended status or quarantined
herd and: (1) originate from a qualified herd; or (2) have been tested and classified negative
within the 30 days prior to movement.
005.02A(2) The swine herd shall not have shown clinical signs of
pseudorabies, have contained a positive swine, or have been under quarantine for pseudorabies in
the previous 30 days;
005.02A(3) A random-sample test (95/5) shall be performed or test all
the initial shipment, whichever is less. All swine tested shall be over 12 weeks of age and have
been part of the herd for
at least 30 days;
005.02A(4)  p; The swine herd owner shall sign and submit to the
Bureau a status swine herd application and agreement; and
005.02A(5) There shall be no farrowing conducted on the premises of a
qualified pseudorabies negative growout herd.
005.02C Requirements to Maintain a Qualified Pseudorabies Negative
Growout Herd. The qualified pseudorabies negative growout herd status is maintained
as follows:
005.02C(2) Swine herd owner shall perform a random-sample test
(95/5) within 30 days prior to the removal of any swine from a unit that operates
all-in/all-out. The certification date shall be 30 days from the date bled; and
005.02C(3) Swine moved from the qualified pseudorabies negative
growout unit under 12 weeks of age will retain the status of the breeding herd
from which they were farrowed.
005.02D(2) A swine herd which has had its qualified pseudorabies
negative growout herd status suspended may regain such status by:
005.02D(2)(b) Removing all swine which were tested and classified
suspect, and testing all swine as required by the Bureau not less than 15 days after removal of the
swine classified suspect and finding such swine classified negative; and
005.02D(2)(c) Completing an epidemiological investigation conducted
by the Bureau with negative findings on the source herd or herds.
005.02F Qualified Pseudorabies Negative Growout Herd Status
Quarantined. The Bureau shall quarantine a qualified pseudorabies negative growout herd if: (1)
any swine tested are classified positive; or (2) the herd owner fails to comply with the procedures
for release from suspension of the herd status after the herd status has been suspended.
005.02G Herd Additions.
005.02G(2) In addition to the provisions of section 016, all swine added
to a pseudorabies negative growout herd shall originate and move directly from qualified herds.
006 Pseudorabies Testing Procedures. Swine tested
shall be individually identified and such identification shall be recorded on the test chart.
007 Official Test. The official tests recognized for the
diagnosis of pseudorabies, pursuant to Neb. Rev. Stat. §54-2254,
shall include but not be limited to:
007.02 Virus Isolation and Identification Test;
007.03 Fluorescent Antibody Tissues Section Test;
007.04 Enzyme Link Immunosorbent Assay (ELISA) Test, including
the approved differential pseudorabies tests;
007.05 Latex Agglutination Test;
007.06 Polymerase Chain Reaction (PCR); and
007.07 Particle Concentration Fluorescent Immuno Assay (PCFIA) test,
including approved differential pseudorabies tests.
008 Issuance of Quarantine. The Bureau shall place
under quarantine the following: (a) livestock, including one or more livestock classified suspect,
positive, or exposed, (b) a herd which is reasonably suspected of being infected or exposed, (c) a
swine herd when the swine herd owner refuses testing of his or her swine herd as required by the
Pseudorabies Control and Eradication Act, or (d) swine imported into the state in violation of the
Animal Importation Act and regulations. A copy of the Pseudorabies Quarantine, NDA Form 21,
is attached to these regulations as Appendix D and incorporated herein by reference.
009 Requirements of Quarantine.
009.02 Swine under quarantine may be vaccinated, tested, or both
according to the requirements of these regulations.
009.03 The owner of any vehicle which has transported livestock under
quarantine or livestock known to be infected or exposed shall be responsible to clean and
disinfect such vehicle prior to hauling feed stuff or swine other than to slaughter. Such cleaning
and disinfection shall be verified by an accredited veterinarian. Provisions shall be made by
the owner of such vehicle for the disposal of all manure, litter, and feed removed from the
vehicle into an area where it may not come in contact with other livestock.
009.04 When livestock other than swine have been diagnosed as having
pseudorabies, the exposed livestock shall be quarantined and the Bureau shall conduct an
epidemiological investigation of any swine on the premises. The investigation may include
performing a random-sample test (95/5) of the swine herd. If the herd owner refuses to
cooperate in carrying out the testing, the swine herd shall be suspected of being exposed and
placed under quarantine.
009.05 The owner of a swine herd under quarantine shall, upon request,
furnish a list to the Bureau of all sales, purchases, and other movements of breeding and feeder
swine made to or from such herd up to two years prior to being placed under quarantine.
010 Movement of Swine Under Quarantine or Suspension.
010.03 All swine shall be individually identified by a USDA approved
eartag, and recorded on a VS FORM 1-27 by an accredited veterinarian, or if not individually
identified, moved in a vehicle sealed by an accredited veterinarian with the seal number recorded
on the VS FORM 1-27; and
010.04 Trucks and trailers used to move quarantined swine shall be
cleaned and disinfected immediately after unloading and before being used to haul any other
animals. Such cleaning and disinfection shall be verified by an accredited veterinarian and
recorded on the VS FORM 1-27.
011 Release of Quarantine. Quarantines shall be
released by the Bureau in the following instances:
011.01B Premises which are not able to be cleaned and disinfected
shall be eligible for quarantine release at the end of 90 days following removal of all swine, or a
period of time determined adequate by the Bureau. Such premises shall be inspected and
verified by the Bureau that the premises have been without swine for the prescribed period of
time; or
011.02B Premises which are not able to be cleaned and disinfected
shall be eligible for quarantine release at the end of 90 days following removal of all swine, or a
period of time determined adequate by the Bureau. Such premises shall be inspected and verified
by the Bureau that the premises have been without swine for the prescribed period of time; or
011.04 When swine suspected of being exposed have been tested as
required by the Bureau and classified negative; or
011.05 When determined by the Bureau that a quarantine was
incorrectly issued, or when the reason for quarantine has been satisfied.
012.01A(2) Remove all swine which test positive from the herd within
15 days after the results of the whole herd test are known; and
012.01A(3) Retest the entire breeding herd 30 days following removal
of the swine which tested positive; and
012.01A(4) Continue testing and removal as listed above until the
whole herd tests negative.
012.03 Herd Additions. Affected swine herds not depopulated within
15 days from the time they are notified they are affected shall not be allowed to make additions
to the quarantined herd.
012.04 Post-quarantine testing. Testing of premises which contained
an affected swine herd and which has been depopulated and the quarantine released shall be
accomplished by performing a random-sample test (95/5) of the swine used to repopulate the
premises. Such swine to be tested shall have been on the premises for at least 30 days
prior to the testing and testing shall be done within 60 days of the date repopulation was begun.
012.05 Refusal to test. If a swine herd owner refuses to have the
quarantined herd tested, the department may arrange for testing of required swine and the owner
shall be assessed costs for services provided and expenses incurred, not to exceed actual costs.
Such fees shall be paid to the Nebraska Department of Agriculture which shall remit them to
the State Treasurer to be credited to the Pseudorabies Control Cash Fund. The total amount is
due at the time the services are provided and expenses are incurred and will become delinquent
30 days thereafter.
013 Pseudorabies Surveillance. The Bureau shall
implement surveillance procedures. Surveillance procedures shall be representative of all swine
herds in the state or area of state. Such procedures may include, but shall not be limited to,
testing of swine at slaughter establishments and at concentration points, area testing, circle
testing, randomly selected herd testing, post-quarantine testing, and epidemiologically traced
testing. If a swine herd owner refuses testing, the herd shall be suspected of being exposed to or
infected with the pseudorabies virus and placed under quarantine.
013.02 Trace-in/trace-out/testing.
013.02B Herd owner shall perform a random-sample test (95/5) of
swine as required by the Bureau in swine herds that have purchased swine from a herd
which is later found to be an affected swine herd.
014 Statewide Priorities for the Expenditure of State Funds.
014.02 State funds may be used for cleanup testing in an affected swine
herd if a swine herd cleanup plan has been developed and approved by the Bureau (for exception
see 014.03F).
014.03 Limitations. State funding for testing shall be limited in each
swine herd according to the reason for test.
014.03C State funds may be used to pay accredited veterinarians
according to the fee basis schedule for the collection of a blood sample from a swine which has
been classified as suspect or other swine as requested by the epidemiologist when such blood
sample collection has been authorized by the Bureau.
014.03D State funds may be used to pay accredited veterinarians for the
collection of blood samples collected at concentration points. Such funds may be limited to
payments according to the fee basis schedule and only as authorized by the Bureau.
014.03E State funds may be used to pay an approved laboratory for the
labor and material to conduct official tests on specimens submitted from a swine herd which is
required by the Bureau to perform surveillance testing or herd cleanup testing.
014.03F When circumstances occur requiring immediate action or
attention, the epidemiologist may authorize fee basis testing prior to the development of an
approved swine herd cleanup plan by the field staff. Such authorization shall not preclude the
requirement to develop a swine herd cleanup plan according to section 012.
015 Intrastate Movement of Non-Quarantined Breeding and Feeder
Swine.
015.01B The swine were tested and classified negative within 30 days
prior to the movement.
015.02B When there are no breeding swine in the herd, a
random-sample (95/10) of the group of swine to be moved must be tested negative within 30
days of movement.
015.04 All swine changing ownership and moving to a destination in
Nebraska shall move directly or through no more than one concentration point, and shall be
confined to the premises of destination for not less than 30 days, unless moving for slaughter, or
permission has been granted for other movement by the Bureau.
016 Interstate Movements. In addition to these
regulations, all livestock moving into Nebraska shall meet the animal importation requirements
under Neb. Rev. Stat. §§54-784.01 to 54-796 and
regulations found in 23 NAC 2.
017 Pseudorabies Vaccine Use.
017.01B The vaccine shall be approved and licensed by the USDA and
approved by the Bureau, and shall be administered by a veterinarian or by another person as
prescribed by a veterinarian and reported to the Bureau on a pseudorabies vaccination approval
form. A copy of the Pseudorabies Vaccination Record, form prv30, is attached to these
regulations as Appendix H and incorporated herein by reference.
017.01C Only g1 deletion gene-altered pseudorabies vaccines which
have an approved differential test will be allowed for use in swine.
018 Exhibition of Swine.
018.02 Swine entering the state for exhibit in Nebraska shall meet the
animal import requirements under Neb. Rev. Stat.
§§54-784.01 to 54-796 and the rules and regulations adopted and promulgated under it
and the exhibition requirements of this section.
019 Feral Swine. Feral swine are prohibited from
entering Nebraska.
020 Stage IV or V Status Lost; Regained. If the state
or area of the state has a Stage IV or V status and a confirmed case of pseudorabies is diagnosed,
the department shall follow the recommendations of USDA/APHIS as far as reasonably practical
to initiate procedures to regain status.
021 Swine Semen or Swine Embryos. Swine semen or
swine embryos for insemination of swine or implantation into swine shall originate from swine
with a qualified status or swine from a Stage IV or V state or area of a state. If originating from a
Stage II or III area, such originating qualified herd shall be required to test monthly.
022 Publications Adopted. See Appendix A through J.
023 Annotation. Neb. Rev.
Stat. §§54-701 to 54-753 (Reissue 2004) and §§54-2235 to
54-22,100 (Reissue 2004).
A. Code of Federal Regulations 9 C.F.R., Part 161 (2002) - Requirements and Standards for
Accredited Veterinarians and Suspension or Revocation of Such Accreditation
B. Certificate of Veterinary Inspection, Form A 237, 7/86
C. Code of Federal Regulations 9 C.F.R., Part 85 (2002) - Pseudorabies
D. Pseudorabies Quarantine, NDA Form 21, 8/91
E. Federal Meat Inspection Act, 21 U.S.C. §§601 et. seq.
F. Pseudorabies Herd Status Application, NDA Form 23, 9/91
G. Permit For Movement of Restricted Animals, VS FORM 1-27
H. Pseudorabies Vaccination Record, prv30
I. Pseudorabies Herd Cleanup Agreement, NDA Form 49, 6/92
J. Part III of Pseudorabies Eradication State-Federal-Industry Program Standards, in effect on
January 1, 2002
002.01 These regulations are administered by the Bureau of
Animal Industry of the Department of Agriculture, fourth floor, State Office Building, 301
Centennial Mall South, Lincoln, Nebraska 68509. The mailing address is P.O. Box
94787, Lincoln, Nebraska 68509. The telephone number is (402) 471-2351, FAX:
(402) 471-6893.
004.01 ACCREDITED VETERINARIAN means a veterinarian
approved by the Deputy Administrator of the United States Department of Agriculture in
accordance with 9 C.F.R. part 161, in effect on January 1, 2002, Neb.
Rev. Stat. §54-2238. A copy of 9 C.F.R. part 161 is attached to
these regulations as Appendix A and incorporated herein by reference.
Less than 100 head - test 78
004.50 RANDOM-SAMPLE TEST (95/5) means a sampling procedure
utilizing official pseudorabies serologic tests which provides a 95 percent probability of detecting
infection in a herd in which at least 5 percent of the swine are seropositive for pseudorabies.
Each segregated group of swine on an individual premises must be considered a separate herd
and sampled as follows:
100-200 head - test 105
201-999 head - test 138
1,000 and over - test 149.
Less than 100 head - test 45
004.51 RANDOM-SAMPLE TEST (95/10) means a sampling
procedure utilizing official pseudorabies serologic tests which provides a 95 percent probability
of detecting infection in a herd in which at least 10 percent of the swine are seropositive for
pseudorabies. Each segregated group of swine on an individual premises must be considered
a separate herd and sampled as follows:
100-200 head - test 51
201-999 head - test 57
1,000 and over - test 59.
Less than 100 head - test 25
004.52 RANDOM-SAMPLE TEST (95/20) means a sampling
procedure utilizing official pseudorabies serologic tests which provides a 95 percent probability
of detecting infection in a herd in which at least 20 percent of the swine are seropositive for
pseudorabies. Each segregated group of swine on an individual premises must be considered
a separate herd and sampled as follows:
100-200 head - test 27
201-999 head - test 28
1,000 and over - test 29.
Test all up to 14 head.
004.53 RECOGNIZED SLAUGHTERING ESTABLISHMENT means
a slaughtering establishment operating under the provisions of the Federal Meat Inspection Act,
21 U.S.C. §§601 et. seq., or a state inspected slaughtering establishment. A copy of
21 U.S.C. §§601 et. seq. is attached to these regulations as Appendix E and
incorporated herein by reference.
005.01 Qualified Pseudorabies Negative Herd Procedures.
005.01A Requirements. The requirements for a swine herd to obtain a
qualified pseudorabies negative herd status are as follows:
005.02 Qualified Pseudorabies Negative Growout Herd Procedures.
005.01A(1) The swine herd shall not have shown clinical signs of
pseudorabies, have contained a positive swine, or have been under quarantine for pseudorabies in
the previous 30 days;
005.01B Qualified Pseudorabies Negative Herd Status Certificate.
Following the receipt of the signed status swine herd application and agreement, and
official test results indicating all swine tested were classified negative, the Bureau shall issue a
qualified pseudorabies negative herd status certificate. The qualified pseudorabies negative herd
status is valid either monthly or quarterly according to the requalification schedule requested on
the status swine herd application and agreement (for exception see 005.01A(3)(a)), unless
suspended, cancelled, or the herd is quarantined.
005.01A(3)(a) Herds established by this method shall test 10% of the
herd monthly for requalification according to 005.01C(1) until the herd size is established, at
which time it is optional to requalify according to 005.01C(2);
005.01A(4) The swine herd owner shall sign and submit to the Bureau
a status swine herd application and agreement;
005.01B(1) The certification date of all qualified pseudorabies negative
herds shall be the 25th of the month.
005.01C Requirements to Maintain a Qualified Pseudorabies Negative
Herd. The qualified pseudorabies negative herd status is maintained by subjecting breeding
swine over six months of age and the required progeny in the herd to testing. This shall be
accomplished as follows:
005.01C(1) When a monthly testing schedule is selected, the number of
swine to be tested shall equal 10% of the breeding herd. Of this 10% sample, the swine to be
tested shall consist of 80% breeding swine over six months of age and the remaining 20% of the
10% sample shall be progeny; or
005.01D Qualified Pseudorabies Negative Herd Status Suspended;
Regained.
005.01D(1) The Bureau may suspend the qualified pseudorabies
negative herd status if: (1) any swine tested are classified suspect; or (2) herd additions are made
contrary to part 005.01G; or (3) swine are diagnosed by a veterinarian as having pseudorabies
based on the observance of clinical signs of pseudorabies.
005.01E Qualified Pseudorabies Negative Herd Status Cancelled;
Regained.
005.01D(2)(a) Testing all swine classified suspect and all other swine
as required by the Bureau, and finding all such swine classified negative; or
005.01D(3) Movement of Swine While Under Suspension. Swine from
a qualified pseudorabies negative herd during the time such a herd's status is suspended may: (1)
move for slaughter pursuant to 010.01 herein; or (2) move feeder swine intrastate if such swine
are isolated as required by the Bureau, and a random-sample test (95/10) or more is
performed, as required by the Bureau, with results classified negative and swine have not
been added to or removed from the group during the previous 30 days; or (3) move breeding
swine intrastate if each breeding swine to be moved is isolated and tested, as required by
the Bureau, with results classified negative.
005.01E(1) The qualified pseudorabies negative herd status shall be
cancelled if the herd owner fails to comply with the requirements to maintain a qualified
pseudorabies negative herd status in 005.01C; or
005.01F Qualified Pseudorabies Negative Herd Status Quarantined.
The Bureau shall quarantine the qualified pseudorabies negative herd if: (1) any swine tested are
classified positive; or (2) the herd owner fails to comply with the procedures for
release from suspension of the herd status after the herd status has been suspended.
005.02A Requirements. The requirements for a swine herd to obtain a
qualified pseudorabies negative growout herd status are as follows:
005.02A(1) All the swine in the herd shall have originated and moved
directly from qualified herds;
005.02B Qualified Pseudorabies Negative Growout Herd Status
Certificate. Following the receipt of the signed status swine herd application and agreement, and
official test results indicating all swine tested were classified negative, the Bureau shall issue a
qualified pseudorabies negative growout herd status certificate. The qualified pseudorabies
negative growout herd status is valid for 30 days from the date bled unless suspended, cancelled,
or the herd is quarantined.
005.02C(1) Swine herd owner shall perform a random-sample test
(95/5) monthly in units that do not operate all-in/all-out. The certification date shall be the 25th
of the month; or
005.02D Qualified Pseudorabies Negative Growout Herd Status
Suspended; Regained.
005.02D(1) The Bureau may suspend the qualified pseudorabies
negative growout herd status if: (1) any swine tested are classified suspect; or (2)
herd additions are made contrary to part 005.02G; or (3) swine are diagnosed by a veterinarian as
having pseudorabies based on the observance of clinical signs of pseudorabies; or (4) any of the
source herds are suspended or quarantined.
005.02E Qualified Pseudorabies Negative Growout Herd Status
Cancelled. The qualified pseudorabies negative growout herd status shall be cancelled if: (1) the
herd owner fails to comply with the requirements to maintain a qualified pseudorabies negative
growout herd status in 005.02C; or (2) the herd additions are not in compliance with 005.02G.
005.02D(2)(a) Testing all swine classified suspect and all other swine
as required by the Bureau, and finding all such swine classified negative; or
005.02D(3) Movement of Swine While Under Suspension. Swine from
a qualified pseudorabies negative growout herd during the time such a herd's status is suspended
may: (1) move for slaughter pursuant to 010.01 herein; or (2) move feeder swine intrastate if
such swine are isolated as required by the Bureau, and a random-sample test (95/10) or more is
performed, as required by the Bureau, with results classified negative and swine have not been
added to or removed from the group during the previous 30 days; or (3) move breeding swine
intrastate if each breeding swine to be moved is isolated and tested, as required by the Bureau,
with results classified negative.
005.02G(1) Swine to be added to a qualified pseudorabies negative
growout herd shall originate and move directly from qualified herds.
007.01 Microtitration Serum-Virus Neutralization Test;
009.01 The owner of all livestock under quarantine shall be responsible
to control livestock in such a way as to prevent contact with other livestock.
010.01 Swine under quarantine or suspension may move only to a
recognized slaughtering establishment for slaughter.
010.02 A VS FORM 1-27 shall accompany swine under quarantine or
suspension during any movement.
011.01 When the entire swine herd under quarantine has moved for
slaughter and the following conditions have been met:
012 Swine Herd Cleanup Plan. The owner, or
authorized representative of the owner, of a swine herd under quarantine shall develop a swine
herd cleanup plan which shall be filed by the owner of the swine herd within seven (7) days after
the issuance of the quarantine. When a newly affected herd is diagnosed, the cleanup plan shall
be in effect if the herd is not depopulated within 15 days from the time they are notified they are
infected:
011.01A Premises have been cleaned and disinfected with a virucidal
disinfectant following removal of all swine under quarantine and have remained empty
for 30 days or a period of time determined adequate by the Bureau, and the premises have been
inspected by the Bureau to verify cleaning and disinfection; or
011.02 When the quarantined herd has met the requirements of the herd
plan as set forth in section 012 and the following conditions have been met:
011.02A No positive swine remain in a breeding herd or all swine
present at the time the quarantine was issued in a finishing herd have been removed and the
premises have remained empty for 30 days or a period of time determined adequate by the
Bureau and the premises have been inspected by the Bureau to verify cleaning and disinfection;
or
011.03 When the quarantine is on livestock other than swine, the
quarantine shall be released ten days after the diagnosis or exposure if there are no clinical signs
of pseudorabies in the livestock herd. During this quarantine period, asymptomatic animals may
be shipped directly to slaughter. A VS FORM 1-27 shall be issued and accompany
each movement; or
012.01 Testing requirements.
012.01A Breeding herds. All newly affected breeding herds shall be
required to:
012.02 Movement requirements. All swine being moved from the
quarantined facility to slaughter shall meet the requirements of section 010.
012.01A(1) Test one hundred percent (100%) of the breeding swine
and may be required to test up to one hundred percent of all other swine on the same
premises within 15 days from the time they are notified they are infected; and
012.01B Herds without breeding swine may be required to test up to
one hundred percent of all swine on the same premises.
013.01 Concentration point testing and slaughter surveillance testing
procedures shall consist of testing of cull sows, boars, and butchers as required by the Bureau.
All cull sows and boars shall be identified and subjected to testing as required by the Bureau
either at the concentration point or at slaughter. Any blood sample which indicates the
possibility of pseudorabies infection shall be classified by the Bureau. Further investigations by
the Bureau may include an epidemiological investigation, and testing in the herd of origin if
determined necessary by the epidemiological evaluation.
013.02A Herd owner shall perform a random-sample test (95/5) of
swine as required by the Bureau, in swine herds that have sold swine to a swine herd
that is later found to be an affected swine herd; or
013.03 Circle Testing.
013.03A Perform a random-sample test (95/5) of each swine herd
within a two-mile radius in a Stage II, III, or IV area or within five miles in a Stage V
area of a premises which contains livestock under pseudorabies quarantine.
013.04 An area testing program may be implemented by the Bureau
when there is need for additional surveillance.
The first use of state funds shall be for the personnel, overhead, and expenses of the Bureau in
carrying out the Pseudorabies Control and Eradication Act. The second use of state funds shall
be for the surveillance testing to find affected swine herds. The third use of state funds shall be
to clean up the known affected swine herds. State funds may be used simultaneously for finding
affected swine herds, clean up of known affected swine herds, and vaccination of affected swine
herds, if funds are available.
014.01 State funds may be used for all methods of surveillance.
014.03A State funds, when appropriated and available, shall be
allocated to clean up each affected swine herd. The accumulated use of state funds for cleanup
testing in an affected swine herd shall not exceed two thousand dollars ($2,000) per segregated
group during a state fiscal year which is from July 1 through June 30 of each year, except;
014.04 The fee basis payment schedule is as follows:
014.03A(1) This limit does not apply to funds used for retesting swine
classified suspect or testing additional swine as required by the epidemiologist and are not
applied to other surveillance testing (trace-in/trace-out/testing, circle testing, or randomly
selected herd testing).
014.03B State funds may be used to perform a random-sample test
(95/5) of swine from a premises released from quarantine by depopulation when such
premises are restocked. Such swine to be tested shall have been on the premises for at least 30
days prior to the testing and testing shall be done within 60 days of the date repopulation was
begun.
014.04A On-the-farm bleeding and submission of the blood samples:
Service fee = $20
014.04B Concentration point bleeding and submission of blood
samples:
Bleeding swine = $5.00 each
Service fee = none
Bleeding swine = $5 each
015.01 No person shall buy or sell swine to be used for breeding swine
within a Stage II or Stage III area unless the swine are accompanied by a document provided by
the seller which provides proof of one of the following:
015.01A The swine originate directly from a qualified herd; or
015.02 No person shall buy or sell feeder swine within a Stage II or
Stage III area unless the swine are accompanied by a document provided by the seller which
provides proof of one of the following:
015.02A The swine originate directly from a herd that has had a
random-sample (95/10) of the breeding herd tested negative within 30 days of movement of the
feeder swine; or
015.03 Breeding and feeder swine moving within Stage IV or V areas
of the state may move without pseudorabies testing.
016.01 All swine changing ownership and moving to a destination in
Nebraska shall move directly or through no more than one concentration point, and shall be
confined to the premises of destination for not less than 30 days, unless moving for slaughter, or
permission has been granted for other movement by the Bureau.
017.01 The sale and use of pseudorabies vaccine shall be in accordance
with the following procedures:
017.01A The Department may restrict the sale and use of vaccine and
when deemed appropriate by the Department may require the use of vaccine.
018.01 Only swine from a herd not quarantined or suspended and not
showing signs of pseudorabies will be allowed into exhibition.