250-RICR-40-05-1. Rules and Regulations Governing the Importation of Domestic Animals (version Periodic Refile, 12/31/2001 to 06/01/2008)

1 STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT DIVISION OF AGRICULTURE RULES AND REGULATIONS GOVERNING THE IMPORTATION OF ANIMALS EFFECTIVE: AUTHORITY: These regulations are adopted pursuant to Chapter 42- 35, 42-17, and 4-4-23 of the Rhode Island General Laws of 1956, as amended. TABLE OF CONTENTS PURPOSE p. 2 AUTHORITY p. 2 ADMINISTRATIVE FINDINGS p. 2 APPLICATION p. 2 DEFINITIONS p. 2-3 GENERAL REQUIREMENTS p. 3 CERTIFICATE OF VETERINARY INSPECTION p. 3-4 DOGS AND CATS p. 4 CATTLE, GOATS, BISON, CAMELIDS p. 5 CERVIDAE p. 6 SWINE p. 6-7 SHEEP p. 7 RATITES p. 8 POULTRY, HATCHING EGGS, AND GAME BIRDS p. 8 EQUIDAE p. 9 VIOLATIONS p. 9 SEVERABILITY p. 9 EFFECTIVE DATES p. 9 2 RULE 1.00 PURPOSE The purpose of these rules and regulations is to: Permit the importation into Rhode Island of only those animals which are disease free or which originate from herds or flocks that have qualified as disease free according to State or Federal Standards. RULE 2.00 AUTHORITY These rules and regulations are promulgated pursuant to Chapter 42-17.1, Environmental Management, and Chapter 4-4-23 in accordance with 42-35, Administrative Procedures, of the Rhode Island General Laws of 1956, as amended. RULE 3.00 ADMINISTRATIVE FINDINGS Animals harboring infectious diseases present a health threat the livestock, native wildlife and human populations of Rhode Island. Many infectious, contagious diseases of animals are not readily detected through physical examination and anamnesis, but require the application of approved laboratory diagnostic procedures by professionally trained and supervised personnel. Therefore, only animals that have been tested negative or originate from qualified negative herds or flocks of origin may be allowed entry into Rhode Island. It is necessary that any animal testing positive to such procedures may be denied entrance into Rhode Island. RULE 4.00 APPLICATION The terms and provisions of these rules and regulations shall be liberally construed to permit the Department to effectuate the purpose of state law, goals, and policies. These Regulations shall apply to any person importing animals into the State of Rhode Island. RULES AND DEFINITIONS For the purpose of these regulations, the following terms shall have the following meanings: (a) "Accredited Veterinarian" shall mean a veterinarian approved by the Administrator of the Animal and Plant Health InspectionService (APHIS) of the United States Department of Agriculture (USDA), to perform functions required by animal disease control and eradication programs. (b) "Approved Feeder Pig Market" shall mean as defined in the most current USDA APHIS State- Federal-Industry Program Standards for Pseudorabies. (c) "Approved Slaughter Market" shall mean as defined in the most current USDA APHIS State- Federal-Industry Program Standards for Pseudorabies. (d) "Breeding Swine" shall mean any sexually mature swine. (e) "Camelids" shall mean those ruminant animals used as beasts of burden or source of wool, milk, or meat, including, but not limited to camels, llamas, and alpacas. (f) "Cervidae" shall mean those members of the family of animals including but not limited to deer, elk, moose, caribou, reindeer and the sub-family musk deer. (g) "Equidae" shall mean those members of the family of animals including but not limited to horses, mules and burros. (h) "Feeder Pigs" shall mean any pig weighing twenty (20) pounds to one hundred (100) pounds inclusive. 3 (i) "Feeder Pig Monitored Herd" shall mean as defined in the most current USDA APHIS State- Federal-Industry Program Standards for Pseudorabies. (j) "Finish Swine" shall mean any pig weighing one hundred (100) to two hundred (200) pounds. (k) "Game Birds" shall mean any bird hunted for food or sport, including but not limited to pheasant, grouse, quail, and chukars. (l) "Qualified Pseudorabies Negative Herd" shall mean as defined in the most current USDA APHIS State-Federal-Industry Program Standards for Pseudorabies. (m) "Ratites" shall mean those fowl with a flat breast bone and small or nonexistent wings, including but not limited to ostriches, emu, rheas, and kiwi. (n) "Person/Importer" shall mean any person, firm, association, organization, partnership, business trust, corporation or company including but not limited to educational and research institutions, zoological gardens, schools, pet stores and laboratories. (o) "Poultry" shall mean any fowl raised for eggs, flesh, or ornamental purposes including but not limited to chickens, turkeys, ducks or geese. (p) "Recognized Slaughter Establishment" shall mean as defined in the most current USDA APHIS State-Federal-Industry Program Standards for Pseudorabies. (q) "Slaughter Swine" shall mean any pig over two hundred (200) pounds not being used for breeding. (r) "Stage I, II, III, IV, V" shall mean as delineated in the most current USDA APHIS State- Federal-Industry Program Standards for Pseudorabies. RULE 6.00 GENERAL REQUIREMENTS 6.01 No person shall import, or cause to be imported into the state any domestic animal, including but not limited to goats, cattle, swine, sheep, equine as well as camelids, poultry, ratites and farmed cervidae, unless such animal is accompanied by a Certificate of Veterinary Inspection and an Import Permit, or a waybill as these regulations require. 6.02 No person shall import, or cause to be imported into the state any animal(s)/bird(s) which is under any state or federal quarantine due to the presence or suspected presence of a contagious disease without the specific and written approval of the State Veterinarian. 6.03 No person shall import or cause to be imported into the state any animal(s)/bird(s) that is affected with, or has been exposed to any contagious disease including, but not limited to: tuberculosis, brucellosis, anaplasmosis, psoroptic scabies, hog cholera, pseudorabies, rabies, equine infectious anemia, salmonella pullorum, salmonella enteritidis, psittacoses or scrapie. RULE 7.00 CERTIFICATE OF VETERINARY INSPECTION 7.01 No person shall import, or cause to be imported any domestic animal, camelid, cervidae, ratite, poultry or waterfowl as specified in Section 7.00, unless each animal is accompanied by an Official Certificate of Veterinary Inspection issued within thirty (30) days of import and signed by a veterinarian licensed and accredited in the state of origin. One copy of such Certificate must be approved and signed by the official having jurisdiction over the disease of animals in the state of origin and forwarded to the Rhode Island State Veterinarian. 4 Continued on next page…. 7.02 THE CERTIFICATE OF VETERINARY INSPECTION SHALL: a) Be on official forms of the state of origin. b) State that the animal(s)/bird(s) have been inspected and found free of signs of contagious, infectious, or communicable disease. c) Contain the date of the veterinary inspection as well as the dates and results of all required tests. d) Describe the animal(s)/bird(s) by species, breed, age and sex, and individually identify such animal(s)/bird(s) as required by ear tag, registration number or official tattoo number, leg band, microchip, or ear notch. e) Contain the data for all required tests and vaccinations including date, results, and the name and address of the laboratory which performed the required tests. All tests reported for import purposes must be USDA officially recognized tests approved by the Rhode Island State Veterinarian and conducted at a State/Federal approved laboratory. f) Have complete name and address of the consignor and consignee. g) Contain the signature of the inspecting veterinarian as well as that of the official having jurisdiction over the disease of animals in the state of origin. h) Contain a livestock import/poultry permit number where such permit is required for importation. 7.03 Certificates of Veterinary Inspection may be disapproved by the Rhode Island State Veterinarian which do not contain all the necessary statements and test information requested for importation of the animal(s)/bird(s) identified on the certificates. Such animals may be considered illegal imports. 7.04 Certificate of Veterinary Inspection is not required for animals shipped for immediate (within seven (7) days) slaughter to Federal/State inspected slaughtering establishments. 7.05 Livestock entering the State consigned to the above described slaughtering establishments shall be accompanied by a waybill or similar document delivered to the consignee at the destination and listing the following: a) Name and address of the consignor or agent. b) Purpose of the movement. c) Number and species of animals in the consignment. d) Point of origin. e) Name and address and signature of the owner or shipper. f) Date of preparation of waybill. g) A statement that the animals are being brought into this state for immediate slaughter. h) A waybill shall be void eight (8) days after date of preparation thereof. 8.00 DOGS AND CATS 8.01 Certificate of Veterinary Inspection required. 8.02 RABIES All dogs and cats three (3) months of age or older imported into Rhode Island must be accompanied by proof of rabies vaccination administered not more than one (1) year nor less than thirty (30) days prior to entry into Rhode Island. The rabies vaccination must be administered by a licensed veterinarian. 5 9.00 CATTLE/GOATS/BISON/CAMELIDS 9.01 Certificate of Veterinary Inspection required except where noted under General requirements. 9.02 RABIES All cattle three months of age or older imported into Rhode Island for exhibition or show purposes must be accompanied by proof of rabies vaccination not more than one (1) year nor less than thirty (30) days prior to entry into Rhode Island. The rabies vaccination must be administered by a veterinarian licensed in the state of origin. 9.03 TUBERCULOSIS All cattle/bison/goats must test negative to a USDA officially recognized tuberculosis test within sixty (60) days immediately prior to entry into Rhode Island. Negative tuberculosis tests are not required for all cattle/bison/goats that are identified as members of a herd Certified Tuberculosis Free originating in a Tuberculosis Accredited Free State. Such Tuberculosis Free Certification must have been performed within 12 months prior to importation into Rhode Island by a veterinarian licensed and accredited in the state of origin and must include all test eligible animals. The animals to be imported must have been included in the herd test. 9.04 BRUCELLOSIS Brucellosis testing is not required if cattle/bison/goats move to Rhode Island directly from a Certified Free Herd in a Class A State. Such certification must have been performed within 12 months prior to importation into Rhode Island and must include all test eligible animals. The animals to be imported must have been included in the certification. All cattle/bison/goats and camelids over four months of age imported into Rhode Island from a Class A, Class B, or Class C States must individually test negative to a USDA officially recognized Brucellosis test within 30 days immediately prior to entry into the state. Cattle/Bison under 18 months (540 days) of age and identified by official tattoo or official certification of vaccination as official brucellosis vaccinates as well as steers and spayed heifers of any age do not need a Brucellosis test. 9.05 ANAPLASMOSIS All cattle/bison/goats and camelids that are imported from any area in which anaplasmosis is endemic must test negative to a United States Department of Agriculture (USDA) officially recognized test for anaplasmosis within 30 days immediately prior to entry into Rhode Island. 9.06 BLUETONGUE All cattle, bison, goats and camelids originating from any are in which Bluetongueis endemic must test negative to a USDAofficially recognized test within 30 days prior to entry into Rhode Island. 6 10.00 CERVIDAE - Persons wishing to import native species of cervidae must first obtain a permit from the Rhode Island Fish and Wildlife and comply with Title 20 of Rhode Island General Laws requirements prior to importation. 10.01 Certificate of Veterinary Inspection required except where noted under General Requirements. 10.02 TUBERCULOSIS All cervidae imported into Rhode Island must either: 1.) Test negative to two official tuberculosis tests, which were conducted no less than 90 days apart; the second tuberculosis test being conducted within 90 days prior to the date of importation; and the cervid isolated from all other animals during the testing period or, 2.) Originate from a Federally Accredited Tuberculosis Free herd in which all captive cervids in the herd that are eligible for testing must have tested negative to at least three consecutive official tuberculosis tests conducted at 10 - 14 months intervals. Any cervids added to this herd must: (A) move directly from another accredited herd; or (B) move directly from a Federally qualified cervid herd which has undergone a negative official tuberculosis test within the previous 12 months and test negative to an official tuberculosis test within 90 days prior to movement to the premise of the accredited herd, or (C) test negative to two official tuberculosis test conducted at least 90 days apart and the second test must be conducted within 90 days prior to movement to the premise of the accredited herd or 3.) Originate from a Federally qualified cervid herd in which all eligible cervids have tested negative to an official tuberculosis test within the previous 12 months and the cervid to be imported has tested negative to an official tuberculosis test conducted within 90 days prior to date of importation. 4.) All imported cervidae subject to quarantine and retest upon importation. 10.03 BRUCELLOSIS Cervidae over six (6) months of age must individually test negative to a USDA officially recognized Brucellosis test within thirty (30) days immediately prior to entry into Rhode Island. 10.04 ANAPLASMOSIS/BLUETONGUE Cervidae must test negative to a USDA officially recognized test for Anaplasmosis and Bluetongue within thirty (30) days prior to importation. 11.00 SWINE 11.01 Certificate of Veterinary Inspection required except where noted under General Requirements. 11.02 BRUCELLOSIS 7 Swine to be eligible for importation intoRhode Island must either: a) Originate from a brucellosis validated free herd or b) Originate from a non-quarantined herd in a validated swine brucellosis free state or c) If over four (4) months of age, test negative to a USDA officially recognized brucellosis test within thirty (30) days immediately prior to entry into Rhode Island. 11.03 PSEUDORABIES 1. Slaughter Swine a) Infected or exposed swine may only be shipped into a State IV or V State/Area by permit directly to a recognized slaughter establishment or to an approved slaughter market. b) Imports of slaughter swine from States or Area with a Program status up to and including Stage III are permitted to a recognized slaughter establishment or an approved slaughter market only. 2. Breeding Swine a) Direct shipment from a Stage IV or V State/Area, or b) Direct shipment from a qualified pseudorabies - negative herd in any State/Area, or c) Negative official pseudorabies serologic test within 30 days prior to shipment with quarantine, isolation, and retest at destination in 30-60 days following importation. 3. Feeder Pigs a) Direct shipment from a farm of origin or a market in a State IV or V State/Area, or b) Direct shipment from a qualified pseudorabies-negative herd, or c) Entry is allowed into Stage IV or V State/Areas from feeder-pig-monitored herds in Stage II or Stage III States under the following condition: (1) That the swine originate from an approved feeder pig market or direct from a qualified-negative (QN) herd or a feeder-pig-monitor (FPM) herd; 4. Vaccination is not permitted except by permit from the State Veterinarian in certain high-risk herds. 12.00 SHEEP 12.01 Certificate of Veterinary Inspection required except where noted under General Requirements. 12.02 BLUETONGUE All sheep imported into the state from a bluetongue endemic area must test negative to a USDA officially recognized test for bluetongue within thirty (30) days prior to entry into Rhode Island 12.03 omitted 12.04 SCRAPIE No sheep affected with scrapie or originating from a flock quarantined for scrapie shall be imported into Rhode Island. 12.05 PSOROPTIC SCABIES No sheep affected with or exposed to psoroptic scabies shall be imported into 8 Rhode Island for any reason. 12.06 RABIES All sheep three (3) months of age or older imported into Rhode Island for exhibition or show purposes must be accompanied by proof of rabies immunization administered by a veterinarian licensed in the state of origin. Such proof of vaccination must state that vaccination was administered not more than one (1) year nor less than thirty (30) days prior to entry into Rhode Island. 13.00 RATITES 13.01 Certificate of Veterinary Inspection required except where noted under General Requirements. 13.02 SALMONELLA PULLORUM Any ratite 5 months of age or more, imported into the state for purposes of breeding or egg production, must test negative to an agglutination test for Salmonella Pullorum disease within thirty (30) days prior to entry into the state. All ratites less than five (5) months of ageand all hatching eggs imported into the state must originate from a from a hatchery or other premises where the breeding stock has been officially tested negative to Salmonella Pullorum within the past year. 13.03 AVIAN INFLUENZA When there is a threat of Avian Influenza entering the state, the Director may require that all ratites, except for those consigned directly to slaughter, must individually test negative to an Avian Influenza blood test within ten (10) days of entry into the state. Serotype(s) to be determined by the Department. 14.00 POULTRY-INCLUDING HATCHING EGGS AND GAME BIRDS 14.01 Certificate of Veterinary Inspection required except where noted under General Requirements. 14.02 SALMONELLA PULLORUM All poultry five (5) months or more of age imported for purposes of breeding or egg production, must originate from a flock designated "Pullorum Free" under the supervision of the poultry disease control officials of the state of origin or individually test negative to an agglutination test for Salmonella Pullorum within thirty (30) days prior to entry into the state. All poultry less than five (5) months of age and all hatching eggs imported into the state must originate from a flock designated "Pullorum Free" under the supervision of the poultry disease control officials of the state of origin. EXCEPTIONS: No tests are required for game birds used strictly for hunting purposes and which are consigned directly to a licensed hunting purposes and which are consigned directly to a licensed hunting preserve or State Management Area or for racing pigeons entering the state for release for return to state of origin. 9 15.00 EQUIDAE 15.01 Certificate of Veterinary Inspection required except where noted under General Requirements. 15.02 EQUINE INFECTIOUS ANEMIA (EIA) All EQUIDAE imported must be accompanied by evidence of an official negative serologic test for Equine Infectious Anemia (EIA) within 12 months prior to importation. EXCEPTION: No test required for foals under six (6) months of age when accompanied by their dam which has met the EIA test requirements. EXCEPTION: The State Veterinarian may, at his/her discretion, allow into Rhode Island an equid of unknown EIA status. The individual identification of any animal so admitted must be recorded, and the location of the quarantine facility approved in advance by the State Veterinarian. The equid of unknown EIA status must remain at the approved quarantine facility under the quarantine conditions set by the State Veterinarian until such time as the animal goes directly to slaughter or tests negative for EIA. The EIA test information must be recorded on the Certificate of Veterinary Inspection and must include the following: the date and result of the test, the name of the testing laboratory, and the laboratory accession number. 15.03 RABIES All age eligible equidae imported into Rhode Island for exhibition or show purposes must be accompanied by proof of rabies vaccination not more than one (1) year nor less than thirty (30) days prior to entry into Rhode Island. The rabies vaccination must be administered by a veterinarian licensed in the state of origin. 16.00 VIOLATIONS The Director of Environmental Management may make all necessary regulations for the prevention, treatment, cure and extirpation of such disease; and every person who shall fail to comply with any regulation so made shall be fined not exceeding three hundred dollars ($300) or be imprisoned not exceeding one (1) year. 17.00 SEVERABILITY 10 If any provision of these Rules and Regulations, or the application thereof to any person or circumstances, is held invalid by a court of competent jurisdiction, the validity of the remainder of the Rules and Regulations shall not be affected. 18.00 EFFECTIVE DATES The foregoing "Rules and Regulations Pertaining to the Importation of Animals", after due notice, are hereby adopted and filed with the Secretary of State this day of ____________, to become effective twenty (20) days thereafter, in accordance with the provisions of Chapters 4-4-12, 4-4-23, 42-35, 42-17.1 and 42-17.6 of the General Laws of Rhode Island of 1956, as amended. Timothy Keeney Director, DEM Notice Given on Public Hearing Held Filing Date Effective Date