SUBCHAPTER 52C ‑ CONTROL OF LIVESTOCK DISEASES: MISCELLANEOUS PROVISIONS

 

SECTION .0100 ‑ DISEASED AND DEAD ANIMALS

 

02 NCAC 52C .0101 TRANSPORTATION OF INFECTED ANIMALS

Permits will be issued by the State Veterinarian to sell or transport on the public roads of the state animals affected with a contagious or infectious disease under the following circumstances:

(1) The animals can be wholly or partly salvaged by slaughter with no danger to human or animal health.

(2) On request of the owner or caretaker a permit will be issued to move diseased animals from one quarantined premise to another when the movement can be made without exposure of humans or other animals to the disease.

(3) A permit will be issued to transfer diseased animals to a research facility when such transfer can be accomplished without danger to human or animal health.

(4) Permits may be issued for the movement of swine in accordance with the North Carolina Pseudorabies Program.

 

History Note: Authority G.S. 106‑22(3); 106‑400;

Eff. April 1, 1984;

Amended Eff. December 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 26, 2017.

02 NCAC 52C .0102 DISPOSAL OF DEAD ANIMALS

Methods approved by the State Veterinarian for disposing of dead domesticated animals in addition to burial three feet beneath the surface of the ground are as follows:

(1) rendering at a rendering plant licensed under G.S. 106‑168.7;

(2) complete incineration;

(3) in the case of dead poultry, placing in a disposal pit as prescribed in G.S. 106‑549.70; and

(4) any method which in the professional opinion of the State Veterinarian would make possible the salvage of part of a dead animal's value without endangering human or animal health.

 

History Note: Authority G.S. 106‑403;

Eff. April 1, 1984;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 26, 2017.

 

02 NCAC 52C .0103 RECORDS REQUIREMENTS FOR LIVESTOCK DEALERS

(a) In order to cooperate with the United States Department of Agriculture in the control and eradication of brucellosis, all livestock dealers licensed under the Livestock Dealer Licensing Act shall keep records for two years of all transactions involving livestock and permit any authorized agent of the Commissioner of Agriculture to have access to and copy all records relating to such transactions.

(b) The records required to be kept in (a) of this Rule shall consist of the approximate age, breed and species of the livestock, the date of sale, and the name and address of persons from whom and to whom livestock are sold and traded.

 

History Note: Authority G.S. 106‑389; 106‑396;

Eff. April 1, 1984;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 26, 2017.

 

02 NCAC 52C .0104 REQUIREMENTS FOR TRANSPORTING BREEDING SWINE

Breeding swine transported along the public roads of North Carolina pursuant to a change of ownership shall originate from a "qualified pseudorabies‑free herd" or undergo a negative official blood test for pseudorabies within 30 days of movement; provided that breeding swine being transported for immediate slaughter shall not be subject to the provisions of this Rule and; provided further, the importation of breeding swine shall be governed by the provisions of 2 NCAC 52B .0207(c).

 

History Note: Authority G.S. 106‑22(3); 106‑307.3; 106‑307.5; 106‑400; 106‑401;

Eff. April 1, 1985;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 26, 2017.

 

02 NCAC 52C .0105 PSEUDORABIES STATUS AND TESTING

(a) Feeding and breeding swine may not be transported on any public road or held in any public place unless accompanied by a written permit from the State Veterinarian or proof satisfactory to the State Veterinarian that:

(1) No pseudorabies vaccine has been used in the herd of origin, unless the herd is a pseudorabies monitored vaccinated herd or unless the use of vaccine has been approved under the North Carolina Pseudorabies Program; and

(2) The swine were tested and found negative for pseudorabies within 30 days prior to movement; or

(3) The swine originated from a pseudorabies‑free area as determined by the State Veterinarian; or

(4) The swine originated from a Qualified Pseudorabies Negative Herd as defined in Title 9, Part 85 of the Code of Federal Regulations; or

(5) The swine originated from a monitored feeder pig herd; or

(6) The swine are being transported or held in accordance with the North Carolina Pseudorabies Program.

(b) The State Veterinarian or his representative is authorized to test swine for pseudorabies in accordance with G.S. 106‑400.1.

(c) Swine transported on a public road or held in a public place in violation of this Rule are subject to quarantine and may be transported or held only by written permit from the State Veterinarian or his representative.

(d) Sporting swine:

(1) For the purpose of this Rule:

(A) "Sporting swine" means any domestic or feral swine intended for hunting purposes and includes the progeny of these swine whether or not the progeny are intended for hunting purposes;

(B) "Feral swine" means any swine that have lived any part of its life free roaming.

(2) All sporting swine sold or offered for sale must originate directly from a qualified pseudorabies-negative herd.

Note: Violation of this regulation is a misdemeanor under G.S. 106‑22(3), and is punishable by fine or imprisonment of not more than two years, or both.

 

History Note: Authority G.S. 106‑22(3); 106‑400.1;

Eff. January 1, 1989;

Amended Eff. February 1, 1996; December 1, 1989; June 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 26, 2017.

 

SECTION .0200 ‑ VIRUS AND BACTERIA DISEASES

 

02 NCAC 52C .0201 PRODUCT CONTAINING VIRUS OR BACTERIA

(a) No product containing a live virus or live bacteria or other agents capable of producing disease in animals shall be shipped or otherwise brought into the state, sold, offered for sale, distribution or use, unless permission in writing shall have been granted by the State Veterinarian.

(b) Written permission will be given by the State Veterinarian for bringing into North Carolina live viruses or live bacteria or other agents capable of producing disease in animals when they are to be used in research and their presence will not constitute a threat to human or animal health, or in other cases when their use would have a beneficial effect on animal health.

 

History Note: Authority G.S. 106‑315;

Eff. April 1, 1984;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 26, 2017.

 

02 NCAC 52C .0202 DUPLICATE SHIPPING TICKET

At the direction of the State Veterinarian, all materials of the above nature (described in 2 NCAC 52C .0201) entering North Carolina shall have a duplicate shipping ticket stating name of consignee, amount of material, date shipped and how shipped, when ticket shall be sent to the State Veterinarian's office by the shipper when shipment or sale is made. North Carolina dealers shall report name of purchasers of above products.

 

History Note: Authority G.S. 106‑315;

Eff. April 1, 1984;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 26, 2017.

 

SECTION .0300 ‑ DIAGNOSTIC LABORATORIES

 

02 NCAC 52C .0301 POLICY FOR RECEIVING SPECIMENS

The policies for receiving dead or sick animal specimens for study by the Diagnostic Laboratories Section are as follows:

(1) Animals too decomposed for study will not be accepted; and

(2) Animal tissues (parts of animals), blood, serum, milk, must be collected and submitted by a licensed veterinarian or the professional personnel of other laboratories.

 

History Note: Authority G.S. 106‑22(3);

Eff. April 1, 1984;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 26, 2017.

 

02 NCAC 52C .0302 POLICY FOR DISPOSITION OF SPECIMENS

Carcasses of animals accepted for examination and received into the necropsy area will not be released. All animal carcasses shall be disposed of by incineration or other approved methods.

 

History Note: Authority G.S. 106‑22(3);

Eff. April 1, 1984;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 26, 2017.

 

SECTION .0400 ‑ BONE MEAL

 

02 NCAC 52C .0401 DISTRIBUTING BONE MEAL

No bone meal (ground or crushed animal bones) or animal feeds containing bone meal shall be sold, offered for sale, or otherwise distributed, in the State of North Carolina for feeding purposes unless the manufacturer or distributor of same can show definitely that such bone meal meets the requirements of this Section.

 

History Note: Authority G.S. 106‑168.12; 106‑284.41;

Eff. April 1, 1984;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 26, 2017.

 

02 NCAC 52C .0402 MANUFACTURING BONE MEAL

Bone meal (ground or crushed animal bones) for feeding purposes shall in the process of manufacture be heated sufficiently to destroy all disease producing organisms, including spores. The minimum requirement to accomplish this shall consist of exposure to steam under pressure (approximately 15 pounds gauge pressure) at not less than 248 degrees F. for not less than 30 minutes, or dry heating at not less than 284 degrees F. for not less than three hours, provided that all parts of the material reach the temperature above indicated.

 

History Note: Authority G.S. 106‑168.12; 106‑284.41;

Eff. April 1, 1984;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 26, 2017.

 

SECTION .0500 ‑ BIOLOGICAL RESIDUES

 

02 NCAC 52C .0501 ANALYSIS BY STATE CHEMIST

The results of analyses conducted by the State Chemist, or his delegate, will be accepted by the Commissioner of Agriculture as evidence that an animal, animal product, or animal feed does not bear a biological residue, or that a biological residue present is within tolerances established or approved by the Board of Agriculture, or that it exceeds the approved tolerances.

 

History Note: Authority G.S. 106‑549.81;

Eff. April 1, 1984;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 26, 2017.

 

02 NCAC 52C .0502 PERMITS

A written permit will be issued by the Commissioner of Agriculture for the movement of an animal, animal product, or animal feed under detention or quarantine pursuant to G.S. 106‑549.82 when it can be determined that such movement is necessary to prevent economic loss to the owner or other persons, and it can be accomplished without impairing the enforcement of this Chapter.

 

History Note: Authority G.S. 106‑549.84;

Eff. April 1, 1984;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 26, 2017.

 

SECTION .0600 ‑ DISEASE REPORTS

 

02 NCAC 52C .0601 SUBMISSION OF DISEASE REPORTS

(a) No livestock shall be removed from this State unless an interstate health certificate, in proper form, is submitted to the State Veterinarian within seven days of issuance of said certificate.

(b) Tuberculosis test chart(s) for livestock shall be submitted to the State Veterinarian within seven days of the issuance of said test chart(s).

(c) Any reaction to a tuberculin test shall be communicated to the State Veterinarian by telephone by the next business day after the reaction result is ascertained.

 

History Note: Authority G.S. 106‑14; 106‑22(3); 106‑348; 106‑396;

Eff. April 1, 1984;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 26, 2017.

 

02 NCAC 52C .0602 SUBMITTED DEFINED

For the purposes of 2 NCAC 52C .0601 (a) and (b), "Submitted to the State Veterinarian" means the deposit of the certificate or chart, with the U.S. Postal Service, with proper postage, within seven days after the certificate or chart has been completed, to the following address:

N.C. State Veterinarian

472 Agriculture Building

P.O. Box 26026

Raleigh, North Carolina 27611.

 

History Note: Authority G.S. 106‑14; 106‑22(3); 106‑348; 106‑396;

Eff. April 1, 1984;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 26, 2017.

 

02 NCAC 52C .0603 REPORTABLE DISEASES

All persons practicing veterinary medicine in North Carolina shall report the following diseases and conditions to the State Veterinarian's office by telephone within two hours after the disease is reasonably suspected to exist:

(1) Anthrax;

(2) Avian Chlamydiosis (Psitticosis, Ornthosis);

(3) Avian Encephalomyelitis;

(4) Avian Influenza (High Pathogenic);

(5) Avian Influenza (Low Pathogenic);

(6) Brucellosis (livestock only);

(7) Classical Swine Fever (Hog Cholera);

(8) Contagious Equine Metritis;

(9) Echinococcus;

(10) Equine Encephalomyelitis (including Eastern Equine Encephalomyelitis, Venezuelan Equine Encephalomyelitis, Western Equine Encephalomyelitis, and St. Louis Encephalomyelitis);

(11) Equine Infectious Anemia;

(12) Exotic Newcastle Disease;

(13) Foreign Animal Diseases (including, in addition to those listed in this Rule, any disease believed to be absent from the United States and its territories);

(14) Fowl Typhoid (Salmonella gallinarum);

(15) Infectious Laryngotracheitis (other than vaccine induced);

(16) Leishmaniasis;

(17) Mycoplasma gallisepticum/Mycoplasma synoviae;

(18) Paramyxovirus (other than Newcastle; includes menangle virus);

(19) Plague (Yersinia pestis);

(20) Pseudorabies;

(21) Pullorum (Salmonella pullorum);

(22) Q fever (Coxiella burnetii);

(23) Rabies (equine and livestock only);

(24) Scabies (cattle and sheep only);

(25) Screw Worm (Exotic myiasis);

(26) Transmissible spongiform encephalopathies (including Bovine Spongiform Encephalopathy, Chronic Wasting Disease, and scrapie);

(27) Tuberculosis;

(28) Tularemia (Francisella tularensis);

(29) Vesicular Disease (Foot and Mouth, Vesicular Stomatitis, Vesicular Exanthema, Swine Vesicular Disease); and

(30) West Nile (domestic animals only).

 

History Note: Authority G.S. 106-307.2;

Temporary Adoption Eff. December 1, 2002;

Eff. August 1, 2004;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 26, 2017.

 

section .0700 miscellaneous requirements

 

02 ncac 52c .0701 INTRASTATE REQUIREMENTS: CERVIDAE

(a) Cervidae that originate from herds containing cervidae only may be sold within North Carolina, if they test negative for tuberculosis within 60 days of change of ownership.

(b) Cervidae that are commingled with domestic livestock may be sold within North Carolina provided that domestic cattle are tested annually, and all cervidae and bovidae other than domestic cattle and bison are tested negative for tuberculosis within 60 days prior to moving intrastate.

(c) Cervidae owners shall maintain records showing:

(1) date and source of new additions to the herd;

(2) date of deaths of cervidae and copy of laboratory report on cause of death; and

(3) date of sale or other disposition of any animal from a herd containing cervidae and the name and address of person who received the animal.

These records shall be maintained by the cervidae owner for a period of five years and shall be made available for inspection and copying by an employee of the NC Department of Agriculture Veterinary Division.

(d) All captive cervidae of any species 12 months of age or older that die of any cause shall be tested for Chronic Wasting Disease. The animal's head shall be submitted to a USDA-approved laboratory for testing. Information about USDA approved laboratories may be found by calling the USDA-APHIS Customer Service Call Center at 1-844-820-2234. A copy of the laboratory report shall be sent to the State Veterinarian - 1030 Mail Service Center, Raleigh, North Carolina 27699.

(e) Cervidae owners shall comply with the "Uniform Methods & Rules: Tuberculosis Eradication in Cervidae," U.S. Department of Agriculture, which is hereby adopted by reference, including subsequent editions and amendments. A copy of this document may be obtained from the NC Department of Agriculture Veterinary Division at no charge.

 

History Note: Authority G.S. 106-317; 106-400;

Eff. July 1, 1998;

Amended Eff. August 1, 2004; August 1, 2002;

Amended Eff. January 1, 2016.