250-RICR-40-05-1. Rules and Regulations Governing the Importation of Domestic Animals (version Technical Revision, 06/01/2008 to 11/29/2012)

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Division of Agriculture RULES AND REGULATIONS GOVERNING THE IMPORTATION OF ANIMALS April 2008 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. STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT DIVISION OF AGRICULTURE RULES AND REGULATIONS GOVERNING THE IMPORTATION OF ANIMALS EFFECTIVE: April 2008 TABLE OF CONTENTS RULE 1 : PURPOSE RULE 2 : AUTHORITY RULE 3 : ADMINISTRATIVE FINDINGS RULE 4 : APPLICATION RULE 5 : DEFINITIONS RULE 6 : GENERAL REQUIREMENTS RULE 7 : CERTIFICATE OF VETERINARY INSPECTION RULE 8 : DOGS AND CATS RULE 9 : CATTLE, GOATS, BISON, CAMELIDS RULE 10 : CERVIDAE RULE 11 : SWINE RULE 12 : SHEEP RULE 13 : RATITES RULE 14 : POULTRY, HATCHING EGGS, AND GAME BIRDS RULE 15 : EQUIDAE RULE 16 : VIOLATIONS RULE 17 : SEVERABILITY RULE 18 : EFFECTIVE DATES 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 to 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. RULE 5.00 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 Inspection Service (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) “Class A, B, C” shall mean as delineated in the most current USDA APHIS Brucellosis Eradication Uniform Methods and Rules (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. (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) “NPIP” shall mean the National Poultry Improvement Plan. (m) "Qualified Pseudorabies Negative Herd" shall mean as defined in the most current USDA APHIS State-Federal-Industry Program Standards for Pseudorabies. (n) "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. (o) "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. (p) "Poultry" shall mean any fowl raised for eggs, flesh, or ornamental purposes including but not limited to chickens, turkeys, ducks or geese. (q) "Recognized Slaughter Establishment" shall mean as defined in the most current USDA APHIS State-Federal-Industry Program Standards for Pseudorabies. (r) "Slaughter Swine" shall mean any pig over two hundred (200) pounds not being used for breeding. (s) "Stage I, II, III, IV, V" shall mean as delineated in the most current USDA APHIS State-Federal-Industry Program Standards for Pseudorabies. (t) “Identification” shall mean any state or federal required unique or permanent method of identification which specifically identifies individual animals, in compliance with all applicable state and federal animal identification laws or regulations. Including, but not limited to, tags, brands, bands, tattoo, microchip, or physical description of natural and or acquired markings unique to that individual animal . Physical description is only an acceptable means of identification for dogs, cats, and equines 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, or originates from any state or region, 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. 6.04 Import Permits are required for each shipment of animals. Import Permits will be valid for ten (10) days from the date of issuance. The completed, signed Import Permit must be submitted with copy of all required Certificates of Veterinary Inspection and testing results within 48 hours of arrival of the animals in the State of Rhode Island. 6.05 Failure to comply with the Import Permit and submission requirements can result in refusal of future Import Permits and any other related penalties as described in Rule 16.00, VIOLATIONS, of these regulations. 6.06 Identification of each animal as required by state and federal animal identification laws and regulations, to include, but not limited to, any required permanent identification, tags, brands, bands, tattoo, microchip or unique identification. 6.07 Exemptions from Permits and specific requirements for individual species will be provided for the purpose of Fair, Show and Exhibition as deemed necessary by the State Veterinarians Office. The State Veterinarians Office shall make a compilation of the Rules and Regulations Governing the Importation of Animals, as they pertain to Fair, Show and Exhibition, available annually. 6.08Exemptions from individual animal identification will be made for hatching eggs and day old chicks shipped from NPIP enrolled flocks certified pullorum free. 6.09Exemption from individual animal identification will be made for feeder pigs that are identified with a unique means of identification that is traceable to the farm where the pigs originated and all pigs identified on the import permit and certificate of veterinary inspection originated from that same farm. 6.10Exemption from Certificate of Veterinary Examination will be made for poultry only for hatching eggs and day old chicks originating from NPIP enrolled certified pullorum free flocks. 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, and by identification, as required by state and federal animal identification laws, and as set out herein. 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. 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, physical description (for dogs, cats, and equines only) 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. i) Record clearly all identification as required by state and federal animal identification laws and regulations. 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 seventy two hours (72hrs)) 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. i) Record of identification in compliance with state and federal identification requirements 7.06 Waybills or similar documents, as described in Rule 7.05, shall be void eight (8) days after the date of preparation thereof. 8.00 DOGS AND CATS 8.01 Identification and Certificate of Veterinary Inspection required for all animals imported, including, but not limited to, all animals for commercial, research, wholesale, retail, animal rescue, adoption, foster, exhibition and education, as required by the State Veterinarian Office. 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. The rabies vaccination must be administered by a licensed veterinarian. Adult animals six (6) months of age or older that have received only a initial, first time documented, vaccination must have been vaccinated at least thirty days prior to entry into the state. Puppies and kittens three (3) to six (6) months of age that have received initial Rabies vaccine are provided exception from a thirty day waiting period. 9.00 CATTLE/GOATS/BISON/CAMELIDS 9.01 Identification and 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. Calves, between three (3) and six (6) months of age vaccinated with initial immunizations are provided exception from the thirty (30) day waiting period. The rabies vaccination must be administered by a veterinarian licensed in the state of origin. 9.03 Tuberculosis All cattle/bison/goats/camelids 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/camelids 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 Bluetongue is endemic must test negative to a USDA officially recognized test within 30 days prior to entry into Rhode Island. 10.00 CERVIDAE - Persons wishing to import native species of cervidae must first obtain a permit from the Rhode Island Division of Fish and Wildlife and comply with Title 20 of Rhode Island General Laws requirements prior to importation. Any person wishing to import exotic species of cervids, as defined in the Regulations Governing the Import-Export of Exotic Animals, must first obtain a permit from the Rhode Island Division of Agriculture and comply with Title 4 of Rhode Island General Laws requirements prior to importation. 10.01 Identification and 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. 10.05 Chronic Wasting Disease All cervidae must be in compliance with the current state and federal importation and control regulations concerning Chronic Wasting Disease control and eradication, including and not limited to all rules and regulations promulgated under Title 4 and Title 20 of Rhode Island General Laws. All cervids must be imported from Chronic Wasting Disease monitored herds from states and regions as approved by the State Veterinarians Office 11.00 SWINE 11.01 Identification and Certificate of Veterinary Inspection required except where noted under General Requirements. 11.02 Brucellosis Swine to be eligible for importation into Rhode 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 Identification and Certificate of Veterinary Inspection required except where noted under General Requirements. Certificates must contain a “Scrapie Statement” by the accredited veterinarian stating that to the best of their knowledge the sheep listed on the certificate do not have symptoms of Scrapie, have no known exposure to Scrapie infected animals or the progeny of Scrapie infected animals. 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 or epidemiologicaly linked to 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 Rhode Island. 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. Lambs 4 months of age or younger that have received initial vaccination will be exempt from the thirty (30) day waiting period. 13.00 RATITES 13.01 Identification and 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 age and 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 test approved by the State Veterinarian within a minimum of 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 Identification and Certificate of Veterinary Inspection or other nationally recognized certification of disease free status required except where noted under General Requirements. 14.02 Salmonella Pullorum All poultry (five (5) months or more of age), and hatching eggs 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 or other recognized 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 preserve or State Management Area or for racing pigeons entering the state for release for return to state of origin. 14.03 Avian Influenza All poultry, of any age, and hatching eggs must be tested negative for avian influenza, or originate from a avian influenza tested negative flock, if the poultry originates from any state or region in which avian influenza has been reported. Testing for Avian Influenza must be performed within a minimum of 10 days of shipment or as determined by the State Veterinarians Office. The method of testing must be consistent with current approved serological and/or viral screening methods approved by the State Veterinarians Office. Avian Influenza testing can be required at any time, as dictated by Rhode Island General Law Title 4 , Chapter 4, under the authority of the Director of Environmental Management. 15.00 EQUIDAE 15.01 Identification and 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 equidae greater than three (3) months of age 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. Foals six (6) months of age or younger receiving initial vaccination will be exempt from the thirty (30) day waiting period. The rabies vaccination must be administered by a veterinarian licensed in the state of origin. 16.00 VIOLATIONS The Director of the Department 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. Every person who shall fail to comply with any regulation so made shall be responsible for all costs and fee associated with any quarantine, examination and testing required by the State Veterinarians Office, and subject to forfeiture of the imported animals. 17.00 SEVERABILITY 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. ____________________________________ W. Michael Sullivan, Ph.D., Director Department of Environmental Management Notice Given on: January 31, 2008 Public Hearing held: March 6, 2008 Filing Date: Effective Date: