250-RICR-40-05-1. Rules and Regulations Governing the Importation of Domestic Animals (version Amendment, 11/29/2012 to 10/08/2015)

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Division of Agriculture RULES AND REGULATIONS GOVERNING THE IMPORTATION OF ANIMALS November 29th, 2012 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. 1 STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT DIVISION OF AGRICULTURE RULES AND REGULATIONS GOVERNING THE IMPORTATION OF ANIMALS EFFECTIVE: November 29th, 2012 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 FOR RESCUE, SHELTER, FOSTER, BROKER RULE 9 : DOGS AND CATS RULE 10 : CATTLE, GOATS, BISON, CAMELIDS RULE 11 : CERVIDAE RULE 12 : SWINE RULE 13 : SHEEP RULE 14 : RATITES RULE 15 : POULTRY, HATCHING EGGS, AND GAME BIRDS RULE 16 : EQUIDAE RULE 17 : VIOLATIONS RULE 18 : SEVERABILITY RULE 19 : EFFECTIVE DATES 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 sources 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 domestic animals, 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 sources 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: 1) “Accredited Veterinarian” shall mean a veterinarian approved by the Administrator of the Animal Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA), to perform functions required by animal disease control and eradication programs. 2) “Animal Broker” shall mean any third party who arranges, delivers, or otherwise facilitates transfer of ownership of animal(s), through adoption or fostering, from one party to another, whether or not the party receives a fee for providing that service and whether or not the party takes physical possession of the animal(s) at any point. 3) “Approved Feeder Pig Market” shall mean as defined in the most current USDA APHIS State-Federal-Industry Program Standards for Pseudorabies. 3 4) “Approved Slaughter Market” shall mean as defined in the most current USDA APHIS State-Federal-Industry Program Standards for Pseudorabies. 5) “Breeding Swine” shall mean any sexually mature swine. 6) “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. 7) “Carrier” shall mean the operator of any airline, railroad, motor carrier, shipping line, or other enterprise, which is engaged in the business of transporting any animals for hire. 8) “Cervidae” shall mean those members of the family of animals including but not limited to deer, elk, moose, caribou, reindeer, and the sub-family of musk deer. 9) “Class A, B, C” shall mean as delineated in the most current USDA APHIS Brucellosis Eradication Uniform Methods and Rules. 10) “Equidae” shall mean those members of the family of animals including but not limited to horses, mules, and burros. 11) “Feeder Pigs” shall mean any pig weighing twenty (20) pounds to one-hundred (100) pounds inclusive. 12) “Feeder Pig Monitored Herd” shall mean as defined in the most current USDA APHIS State-Federal-Industry Program Standards for Pseudorabies. 13) “Finish Swine” shall mean any pig weighing one-hundred (100) to two-hundred (200) pounds inclusive. 14) “Game Birds” shall mean any bird hunted for food or sport, including but not limited to pheasant, grouse, quail, and chukars. 15) “Identification” shall mean any state or federally required unique and permanent method of identification that specifically identifies individual animals, in compliance with all applicable state and federal animal identification laws and regulations. Forms of identification include but are not limited to ear tags, brands, bands, tattoos, microchips, and physical description of natural and or acquired markings unique to an individual animal. Physical description is only an acceptable means of identification for dogs, cats, and equines. 16) “NPIP” shall mean the National Poultry Improvement Plan. 17) “Qualified Pseudorabies Negative Herd” shall mean as defined in the most current USDA APHIS State-Federal-Industry Program Standards for Pseudorabies. 18) “Ratites” shall mean those fowl with a flat breast bone and small or non-existent wings, including but not limited to ostriches, emu, rheas, and kiwi. 19) “Remote Sale” shall mean the retail purchase of any animal without first having the opportunity to physically observe or handle the animal, as commonly occurs in internet sales or phone order sales of animals. 20) “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. 21) “Poultry” shall mean any fowl raised for eggs, meat, or ornamental purposes including, but not limited to, chickens, ducks, geese, and turkeys. 22) “Recognized Slaughter Establishment” shall mean as defined in the most current USDA APHIS State-Federal-Industry Program Standards for Pseudorabies. 23) “Slaughter Swine” shall mean any pig over two-hundred (200) pounds not being used for breeding. 4 24) “Stage I, II, III, IV, V” shall mean as delineated in the most current USDA APHIS State-Federal-Industry Program Standards for Pseudorabies. 25) “Sub-registrant” as used in Rule 8 shall mean any unregistered entity that is performing an activity that is regulated under Rule 8 and is doing so by, or on behalf of, a registered entity. 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, equines, camelids, dogs, cats, farmed cervids, poultry, or ratites unless such animal(s) is accompanied by a Certificate of Veterinary Inspection and 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) or bird(s) which is originates from any state or region that is under any state or federal quarantine that has been issued due to the presence or suspected presence of a contagious disease unless approved, in writing, by the Rhode Island State Veterinarian. 6. 03 No person shall import, or cause to be imported into the state, any animal(s) or bird(s) that is affected with, or has been exposed to any contagious disease unless approved, in writing, by the Rhode Island State Veterinarian. 6. 04 Import permits are required for each shipment of animals unless otherwise noted. Import Permits are valid for ten (10) days from the date of issuance. The completed, signed Import Permit must be submitted to the Rhode Island State Veterinarian along with a copy of all required testing results and a valid Certificate of Veterinary Inspection within forty-eight (48) hours of the arrival of the animal(s) into the state. 6. 05 Failure to comply with the Import Permit and submission requirements may result in refusal of future Import Permits and my result in assessment of penalties as described in RULE 17.00 VIOLATIONS, of these regulations. 6. 06 Identification if each animal as required by state and federal animal identification laws and regulations to include, but not be limited to, any required permanent and unique identification such as ear tags, brands, bands, tattoos, microchips or other accepted forms of 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 appropriate by the Rhode Island State Veterinarian. The Rhode Island State Veterinarian will make a compilation of the Rules and Regulations Governing the Importation of Animals, as they pertain to Fair, Show, and Exhibition, available annually. 5 6. 08 Dogs and cats that are imported under the provisions of Rules 8-9 inclusive shall be exempt from the requirement of rule 6.04 (exempt from the requirement of having an import permit issued). 6. 09 Exemptions from individual animal identification and the requirement for a Certificate of Veterinary Inspection will be made for hatching eggs and day old chicks shipped from NPIP enrolled flocks that are certified pullorum free. An Import Permit is required. 6. 10 Exemption 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. RULE 7.00 CERTIFICATE OF VETERINARY INSPECTION 7. 01 No person shall import, or cause to be imported, any domestic animal, camelid, cervid, ratite, poultry, or waterfowl as specified in Section 7.00 unless each animal is accompanied by an official Certificate of Veterinary Inspection issued no greater than thirty (30) days prior to the importation of said animal. The Certificate of Veterinary inspection must be signed by a veterinarian who is licensed and accredited in the state of origin. The animals for which the Certificate of Veterinary Inspection is issued must bear a form of identification that is compliant with all applicable state and federal laws and regulations. One copy of the Certificate of Veterinary Inspection must be reviewed by the State Animal Health Official in the state of origin. 7. 02 The Certificate of Veterinary Inspection shall: a. Be on official forms of the state of origin or on suitable forms available through USDA/APHIS b. State that all animals listed on the form 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 of all required tests and the results of those tests d. Describe the animal(s) by species, breed, age, and sex, and record all official identification as required by ear tag, registration tattoo, leg band, microchip, physical description (for dogs, cats, and equines only) or other form of identification that may be approved by the Rhode Island State Veterinarian. e. Contain the data for all required tests and vaccinations, including the date, result(s) of test(s), and the name and address of the laboratory that performed the test(s). All tests reported for import purposes must be USDA officially recognized tests approved by the Rhode Island State Veterinarian and the tests must be conducted at a State or Federally approved laboratory. 6 f. Have complete name and address, both mailing and physical address, of the consignor and consignee. PO Boxes without a physical address are not acceptable. g. Contain the signature of the inspecting federally accredited veterinarian. h. Contain an Import Permit number for all shipments of animals that require an Import Permit. 7. 03 Certificates of Veterinary Inspection may be disapproved by the Rhode Island State Veterinarian if they are incomplete or otherwise do not satisfy the requirements delineated in RULE 7.02. Importation of such animals may result in a violation as delineated under RULE 17.00. 7. 04 Certificate of Veterinary Inspection is not required for animals that are shipped for immediate slaughter (slaughter within seventy-two (72) hours of importation) as long as the animals are not commingled with any animals not being slaughtered within seventy-two (72) hours of commingling, and the animals are slaughtered at a State or Federally inspected slaughter plant. 7. 05 Livestock entering the State that are consigned to a State or Federally inspected slaughter plant shall be accompanied by a waybill or similar document delivered to the consignee at the destination and listing the following: a. Name and address, both mailing address and physical address if different, of the consignor or agent. b. Purpose of the movement. c. Number and Species of animals in the consignment. d. Point of origin or assembly of the consignment. e. Name and address, both mailing address and physical address if different, of the consignee or shipper. f. Name and address, both mailing address and physical address if different, of the shipper. g. Date of preparation of the waybill. h. A statement that the animals on the waybill are being brought into the state for immediate slaughter. i. Record of all identification in compliance with all 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 preparation thereof. 7 RULE 8.00 IMPORTATION OF DOGS AND CATS FOR THE PURPOSE OF RESCUE, SHELTER, FOSTER, ADOPTION, BROKERING, OR REMOTE SALE. 8. 01 All entities that import dogs or cats for rescue, adoption, foster care, brokering, and/or remote sales must register with the Department on an application form provided by the Department. The application can be found at the RI DEM Division of Agriculture / Animal Health website. 8. 02 No entity that imports dogs or cats for rescue, adoption, foster care, brokering, and remote sales may import any animal for that purpose until the entity is in possession of a valid registration certificate issued by the Department. 8. 03 No entity that transports dogs or cats for rescue, adoption, foster care, brokering, and remote sales may transport animals into the state for that purpose until they have registered with the Department as a carrier and are in possession of a valid registration certificate issued by the Department. The application can be found at the RI DEM Division of Agriculture / Animal Health website. 8. 04 General Requirements of all entities and carriers: a. Must register with the Department and hold a valid certificate of registration issued by the Department. b. Must keep complete records on forms issued by the Department. c. Must make records available to inspectors from the Department. d. Must identify a Point of Contact who resides within the State of Rhode Island who will be responsible for producing all records that the Department may lawfully request. A copy of all records must be kept by the designated Point of Contact. e. Must notify the Department of all expected shipments of dogs or cats being imported into the state as to the time and location of the arrival of the shipments. Notification must be received by the Department no less than 24 hours prior to arrival of the shipment. Notification may be in the form of email, phone call, voice mail, or written letter. The Department reserves the right to inspect any or all shipments to verify compliance with importation regulations and to verify the health of the animals being imported. It is the responsibility of the entity to notify the Department of the shipment. f. All animals being imported must be accompanied by a valid Certificate of Veterinary Inspection (CVI) and be currently vaccinated against rabies if age eligible. 8. 05 Requirements of Category A entities: Those entities that import dogs or cats for rescue, adoption, foster care, brokering, and remote sales will be classified as Category A entities if they meet all of the General Requirements enumerated in Rule 8.04, in addition to the following: a. The entity has a detailed pre-import animal processing plan that has been reviewed and approved by the Department. i. The pre-import processing plan must reference, in detail, the housing conditions, any isolation procedures, any vaccination procedures, any health screenings, and any disease testing/treatment/or preventative 8 measures that are taken prior to the animal(s) being transported into Rhode Island. ii. The Department will review the plan and will approve it if the plan is determined to be acceptable. b. All dogs or cats being imported are accompanied by a CVI that was issued within 10 days of the importation c. The animals are brought into the state via a USDA licensed carrier. The USDA licensed carrier may be classified as a “carrier,” “contract carrier,” or “intermediate handler” as defined under the Animal Welfare Act and the USDA licensed transporter must be registered with the Department. d. Entities that are seeking a Category A registration, but that are not intending on using a USDA licensed transporter as in 8.05 (c) are required to submit the following: i. A detailed transportation plan to include make and model of the vehicle being used for conveyance, ii. Features of the vehicle that will ensure adequate climate control in the animal compartment, and iii. Sanitation protocols for the conveyance. iv. The Department will review the plan defined in 8.05 (d) i-iii, and if approved will issue a Category A registration. v. Entities that are seeking a Category A registration but that are not intending on using a USDA licensed transporter as in 8.05 (c) are required to keep all records as defined in 8.08 (b) i, ii. e. Animals imported by a Category A entity are not required to undergo any further isolation or health verification before being offered for adoption, placed into foster care, or otherwise transferred. 8. 06 Requirements of Category B entities: Those entities that import animals for rescue, adoption, foster care, brokering, and remote sales will be classified as a Category B entity if they meet the General Requirements enumerated in Rule 8.04 but fail to meet all of the requirements of Rule 8.05. a. All animals imported by Category B entities must be held at an isolation facility approved by the Department for five consecutive days commencing immediately upon entry into the state. All animals imported by Category B entities must be brought directly to the isolation facility without commingling with any animals that are not destined for isolation. b. Upon completion of the five day isolation, all animals imported by Category B entities must be examined by a licensed veterinarian for the presence of infectious diseases or other conditions that may render the animal unsuitable for adoption, foster, or sale. A copy of the results of all examinations must be kept as part of the animal’s adoption records and must be available for inspection under Rule 8.09. c. Any animal that is determined to be suitable for adoption, foster, or sale may be transferred upon completion of this examination. d. Any animal that is determined to be unsuitable for adoption, foster, or sale must be held in isolation until a veterinarian is able to determine that the animal is suitable. 9 8. 07 Changes in classification: a. Category A entities may be downgraded to Category B if after an investigation it is demonstrated that procedures approved by the Department or any of the provisions of Rules 8.04 and 8.05 are not being adhered to or that in spite of adherence to procedures thought to be protective, animals are being imported by the entity that are found to be afflicted with infectious diseases. b. Category B entities may be upgraded to Category A if, after a certificate of registration was granted, that entity is now able to meet the requirements of Rule 8.05 thus allowing classification as a Category A entity. c. Certificates of registration for Category A and/or Category B entities may be revoked pursuant to the provisions of RIGL 4-19-8. 8. 08 Record Keeping: a. Access to records: All entities, carriers, and sub-registrants are required to maintain and provide any records requested by the Department at the request of the Department. b. Transport/Carrier i. The carrier must have a valid CVI for every animal in transport and if transporting animals for a Category A entity, all CVIs must be issued no greater than 10 days prior to arrival into RI. ii. The carrier must keep a complete manifest to include the following: Name of all entities supplying animals on this shipment, name of all entities that received animals on the shipment, the physical and mailing addresses of all entities supplying and receiving animals, the telephone numbers of all entities supplying and receiving animals on the transport, the identification of all animals on the shipment, all locations where animals are put onto the conveyance and the ID of those animals, all locations where animals are removed from the conveyance and the ID of those animals. The Department will supply all forms for carrier record keeping and the carrier must complete all forms in full and present those forms to the Department upon request. c. Category A and B entities must provide and maintain records of: i. The name, mailing address, physical address, and phone number of the registered entity and all sub-registrants acting as foster homes. ii. Animal ID to include clear digital photos of the animal taken from the left and right sides and from the front in a manner that will demonstrate all unique markings and identifying features, or, microchip number, and the animal’s name, approximate age, gender, predominate color, and predominate breed. iii. The source of the animal and the contact information of the source, where known, including the name, physical address, mailing address, and phone number. iv. The disposition of the animal by adoption to include the adopter’s name, mailing address, physical address, and phone number. 10 v. The disposition of the animal by foster care, the name, physical address, mailing address, and phone number of the foster home. vi. For Category A entities, the name, address, phone number and state registration number of the carrier (unless exempt under conditions of Rule 8.05 (d)). vii. The Department will supply forms to be fully completed by the entity. The entity must make all forms available for review at the request of the Department. viii. All records are required to be maintained for a period of three years after the importation of the animal. 8. 09 Inspections: a. All entities, carriers, and sub-registrants are subject to inspection by the Department, at reasonable times, for enforcement and verification of the provisions of these regulations. RULE 9.00 DOGS AND CATS 9. 01 Identification and Certificate of Veterinary Inspection is required for the importation of all dogs and cats that are imported into the State of Rhode Island. 9. 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. Pursuant to Rules and Regulations Governing the Prevention, Control, and Suppression of Rabies Within the State of Rhode Island, the only acceptable proof of rabies vaccination is a valid rabies vaccination certificate. The rabies vaccination must have been administered by a licensed veterinarian. Adult animals six (6) months of age or older that have received only an initial or first time documented vaccination must have been vaccinated at least thirty (30) days prior to entry into the state. Puppies and kittens three (3) to six (6) months of age that have received initial rabies vaccination are eligible for immediate entry into the State without waiting thirty (30) days. RULE 10.00 CATTLE/GOATS/BISON/CAMELIDS 10. 01 Identification and Certificate of Veterinary Inspection required except where noted under General Requirements RULE 6.00. NOTE: for goats, Certificates of Veterinary Inspection must contain a “Scrapie Statement” by the accredited veterinarian stating that to the best of his/her knowledge the goats listed on the certificate do not have symptoms of Scrapie, have no known exposure to Scrapie infected animals, and, are not the progeny of Scrapie infected animals. 10. 02 Rabies: All cattle three months of age or older imported into Rhode Island for exhibition, show, competition, or public display 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 that are between three (3) and six (6) months of 11 age may enter Rhode Island immediately after receiving primary immunization without being required to wait thirty (30) days after vaccine administration. The rabies vaccination must be administered by a licensed veterinarian and pursuant to Rules and Regulations Governing the Prevention, Control, and Suppression of Rabies Within the State of Rhode Island, the only acceptable proof of rabies vaccination is a valid rabies vaccination certificate. 10. 03 Tuberculosis: All cattle/bison/goats/and 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/or goats that are identified as a member of a herd that has been Certified Tuberculosis Free and that herd originating in a Tuberculosis Accredited Free state. Such Tuberculosis Free Certification must have been performed within 12 months prior to entry into Rhode Island by a veterinarian licensed and accredited in the state of origin of the animals and the certification test must include all test eligible animals within the herd. The animals to be imported must have been included in the herd test. 10. 04 Brucellosis: All cattle/bison/goats/camelids over four (4) months of age imported into Rhode Island from Class A, Class B, or Class C States must individually test negative to a USDA officially recognized Brucellosis test no more than thirty (30) days immediately prior to entry into the state. The following cattle and bison are exempt from the requirement for Brucellosis testing: spayed heifers; steers; any cattle or bison under eighteen (18) months of age (540 days of age) that is identified as an animal that has been officially vaccinated against brucellosis. Brucellosis testing is not required if cattle/bison/goats/camelids move into 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. 10. 05 Anaplasmosis: All cattle/bison/goats/and camelids that are imported from any area in which Anaplasmosis is endemic must test negative to a USDA officially recognized test for Anaplasmosis that was performed no more than thirty (30) days prior to entry into Rhode Island. 10. 06 Bluetongue: All cattle/bison/goats/and camelids that are imported from any area in which Bluetongue is endemic must test negative to a USDA officially recognized test for Bluetongue that was performed no more than thirty (30) days prior to entry into Rhode Island. 12 RULE 11.00 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/non-native species of cervidae, as defined in Rules and Regulations Governing the Importation and Possession of Exotic Wild Animals, must first obtain a permit from the Rhode Island Division of Agriculture and must comply with Title 4 of Rhode Island General Laws requirements prior to importation. Any person wishing to import any cervidae must also comply with Rules and Regulations Governing the Importation, Baiting, and Feeding of Cervids in Rhode Island. 11. 01 Identification and Certificate of Veterinary Inspection required except where noted under General Requirements Rule 6.00. 11. 02 Tuberculosis: All cervidae imported into Rhode Island must either: a. Test negative to two official tuberculosis tests which were conducted no less than ninety (90) days apart; the second tuberculosis test being conducted no more than ninety (90) days prior to the date of entry, or; b. 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 (3) consecutive official tuberculosis tests conducted at 10-14 month intervals. Any cervid added to this herd must: i. Move directly from another accredited herd, or; ii. Move directly from a Federally qualified cervid herd which has undergone a negative official tuberculosis test within the previous twelve (12) months and test negative to an official tuberculosis test within ninety (90) days prior to movement to the premises of the accredited herd, or; iii. Test negative to two (2) official tuberculosis tests conducted at least ninety (90) days apart and the second test must be conducted no more than ninety (90) days prior to the date of movement to premises of the accredited herd, or; c. Originate from a Federally qualified cervid herd in which all eligible cervids have tested negative to an official tuberculosis test within the previous twelve (12) months and the cervid to be imported has tested negative to an official tuberculosis test conducted no more than ninety (90) days prior to importation. d. All imported cervidae are subject to quarantine and retest, at the owner’s expense, upon importation. 11. 03 Brucellosis: All cervidae over six (6) months of age must individually test negative to a USDA officially recognized Brucellosis test no more than thirty (30) days immediately prior to entry into Rhode Island. 13 11. 04 Anaplasmosis and Bluetongue: All cervidae must test negative to a USDA officially recognized test for Anaplasmosis and Bluetongue no more than thirty (30) days prior to entry into Rhode Island. 11. 05 Chronic Wasting Disease: All cervidae must be imported in compliance with current state and federal importation and control regulations concerning Chronic Wasting Disease control and eradication, including, but not limited to, all rules and regulations promulgated under authority of Title 4 and Title 20 of Rhode Island General Laws. All cervids must be imported from Chronic Wasting Disease monitored herds and from states and regions as approved by the Rhode Island State Veterinarian. RULE 12:00 SWINE 12. 01 Identification and Certificate of Veterinary Inspection required except where noted under General Requirements Rule 6.00. 12. 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 no more than thirty (30) days immediately prior to entry into Rhode Island. 12. 03 Pseudorabies: a. Slaughter Swine: i. Infected or exposed slaughter swine may only be shipped into Rhode Island under a permit issued by the Rhode Island State Veterinarian. The permit will allow entry directly to a recognized slaughter establishment or an approved slaughter market. ii. Slaughter Swine being imported from a state or area that is classified with a program status up to and including Stage III are allowed entry without prior permit as long as they are shipped immediately to a recognized slaughter establishment or approved slaughter market. b. Breeding Swine: i. Direct shipment from a Stage IV or Stage V state or area, or; ii. Direct shipment from a qualified pseudorabies negative herd in any state or area, or; iii. Negative official pseudorabies serological test no more than thirty (30) days prior to shipment with quarantine, isolation, and re- 14 testing, at owner’s expense, at destination. Testing to be conducted between thirty (30) and sixty (60) days following importation. Quarantine and isolation to be maintained until the result of this testing is reported to the Rhode Island State Veterinarian and the Rhode Island State Veterinarian authorizes release of the quarantine. c. Feeder Pigs: i. Direct shipment from a farm of origin or a market in a Stage IV or Stage V state or area, or; ii. Direct shipment from a qualified pseudorabies negative herd, or; iii. Entry is allowed into Rhode Island from feeder pig monitored herds originating in Stage II or Stage III states or areas only if the swine originate from an approved feeder pig market or direct from a qualified negative (QN) herd or a feeder pig monitored herd; iv. Vaccination is not permitted except by permit from the Rhode Island State Veterinarian. RULE 13.00 SHEEP 13. 01 Identification and Certificate of Veterinary Inspection required except where noted under General Requirements Rule 6.00. Certificates of Veterinary Inspection must contain a “Scrapie Statement” by the accredited veterinarian stating that to the best of his/her knowledge the sheep listed on the certificate do not have symptoms of Scrapie, have no known exposure to Scrapie infected animals, and, are not the progeny of Scrapie infected animals. 13. 02 Bluetongue: All sheep imported into the state from a Bluetongue endemic area must test negative to a USDA officially recognized test for Bluetongue no more than thirty (30) days prior to entry into Rhode Island. 13. 03 Scrapie: No sheep affected with Scrapie or originating from a flock quarantined or epidemiologically linked to a flock quarantined for Scrapie shall be imported into Rhode Island. 13. 04 Psoroptic Scabies: No sheep affected or exposed to psoroptic scabies shall be imported into Rhode Island. 13. 05 Rabies: All sheep three (3) months of age or older imported into Rhode Island for exhibition, show, competition, or public display 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. Lambs that are between three (3) and six (6) months of age may enter Rhode Island immediately after receiving primary 15 immunization without being required to wait thirty (30) days after vaccine administration. The rabies vaccination must be administered by a licensed veterinarian and pursuant to Rules and Regulations Governing the Prevention, Control, and Suppression of Rabies Within the State of Rhode Island, the only acceptable proof of rabies vaccination is a valid rabies vaccination certificate. RULE 14.00 RATITES 14. 01 Identification and Certificate of Veterinary Inspection required except where noted under General Requirements Rule 6.00. 14. 02 Salmonella Pullorum: Any ratite five (5) months of age or more, imported into the state for the purpose of breeding or egg production, must test negative to an agglutination test for Salmonella Pullorum disease no more than thirty (30) days prior to entry into the state. All ratities less than five (5) months of age and all hatching eggs imported into the state must originate from a hatchery or other premises where the breeding stock has been officially tested negative to Salmonella Pullorum within the previous year. 14. 03 Avian Influenza: All ratites, of any age, and hatching eggs must be tested negative for avian influenza, or originate from an avian influenza tested negative flock, if the ratites originate from any state or region in which avian influenza has been reported. Testing for Avian Influenza must be performed no more than ten (10) days prior to entry into the state. The method of testing must be consistent with current approved serological and/or viral screening methods as approved by the Rhode Island State Veterinarian. Avian Influenza may be required at any time as prescribed by Rhode Island General Law, Title 4, Chapter 4-4, under authority of the Director of the Department of Environmental Management. . RULE 15.00 POULTRY (INCLUDING HATCHING EGGS AND GAME BIRDS) 15. 01 Identification and Certificate of Veterinary Inspection, or other federally recognized certification of disease free status required, except where noted under General Requirements Rule 6.00 15. 02 Salmonella Pullorum: All poultry five (5) months of age or more, and hatching eggs imported for the 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 no more than 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 as “Pullorum 16 Free” under the supervision of the poultry disease control officials in 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 the state of origin. 15. 03 Avian Influenza: All poultry, of any age, and hatching eggs must be tested negative for avian influenza, or originate from an 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 no more than ten (10) days prior to entry into the state. The method of testing must be consistent with current approved serological and/or viral screening methods as approved by the Rhode Island State Veterinarian. Avian Influenza may be required at any time as prescribed by Rhode Island General Law, Title 4, Chapter 4-4, under authority of the Director of the Department of Environmental Management. RULE 16.00 EQUIDAE 16. 01 Identification and Certificate of Veterinary Inspection required except where noted under General Requirements Rule 6.00. 16. 02 Equine Infectious Anemia: All equidae imported must be accompanied by proof on an official negative serological test for Equine Infectious Anemia (EIA) conducted no more than twelve (12) months prior to entry into the state. All Certificates of Veterinary Inspection must include the following: the date and result of EIA testing; the name of the testing laboratory, and; the laboratory accession number. EXCEPTION: No test is required for foals under six (6) months of age when the foal is accompanied by its dam and the dam is accompanied by proof of a negative official EIA test conducted no more than twelve (12) months prior to entry into the state. EXCEPTION: The Rhode Island 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, and the location of the quarantine facility approved in advance by the State Veterinarian must be recorded. The equid of unknown EIA status must remain at the approved quarantine facility under the conditions set forth by the State Veterinarian until such time as the animal moves directly to slaughter or tests negative to an official test for EIA. 17 16. 03 Rabies: All equidae three (3) months of age or older imported into Rhode Island for exhibition, show, competition, or public display 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 that are between three (3) and six (6) months of age may enter Rhode Island immediately after receiving primary immunization without being required to wait thirty (30) days after vaccine administration. The rabies vaccination must be administered by a licensed veterinarian and pursuant to Rules and Regulations Governing the Prevention, Control, and Suppression of Rabies Within the State of Rhode Island, the only acceptable proof of rabies vaccination is a valid rabies vaccination certificate. RULE 17.00 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. Each and every occurrence and/or day during which the violation or failure to comply is repeated shall constitute a separate and distinct violation. 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. RULE 18.00 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 RULE 19.00 EFFECTIVE DATE The foregoing "Rules and Regulations Governing 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. ____________________________________ Janet Coit, Director Department of Environmental Management Notice Given on: September 26, 2012 Public Hearing held: October 31, 2012 Filing Date: Effective Date: 19