Administrative Rule 12:68:23 | South Dakota Legislature

12:68:23:01. Methods for tuberculosis control. Methods for tuberculosis control in cervidae in South Dakota shall refer to the methods contained in "Bovine Tuberculosis Eradication," USDA, APHIS, January 22, 1999.

Source: 21 SDR 162, effective March 23, 1995; 34 SDR 100, effective October 22, 2007; 39 SDR 204, effective June 10, 2013.

General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.

Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

Reference: "Bovine Tuberculosis Eradication," APHIS 91-45-011, January 22, 1999, published by Animal and Plant Health Inspection Service, U.S. Department of Agriculture. Copies may be obtained at no charge from South Dakota Animal Industry Board, 411 South Fort Street, Pierre, South Dakota 57501. Information can also be obtained from the AIB website; http://aib.sd.gov and the USDA website; http://www.usda.gov/wps/portal/usda/usdahome.

12:68:23:02. Definitions. As used in this chapter:

(1) "Accredited herd" means a cervidae herd that has passed at least two consecutive official tuberculosis tests of all eligible animals, conducted at nine to 15-month intervals, and has no evidence of bovine tuberculosis or exposure to it;

(2) "Accredited veterinarian" means a veterinarian approved by the deputy Administrator of Veterinary Services, Animal and Plant Health Inspection Service, United States Department of Agriculture, and the state veterinarian, in accordance with 9 C.F.R. Part 161 (January 1, 2021), to perform functions required by cooperative state-federal animal disease control and eradication programs;

(3) "Affected herd" means a herd that contains or has contained one or more animals infected with Mycobacterium bovis and has not passed the required tests prescribed by this chapter for release from quarantine;

(4) "Approved laboratory" means the National Veterinary Service Laboratory, Ames, Iowa;

(5) "Cervidae" means all species of deer, elk, moose, and caribou;

(6) "Comparative cervical tuberculin test" means the intradermal injection of biologically balanced bovine purified protein derivative tuberculin and avian purified protein derivative tuberculin, at separate sites in the midcervical area, to determine the probable presence of infection, by comparing the response of the two tuberculins, 72 hours plus or minus six hours following injection, by a veterinarian employed by the state veterinarian or by the United States Department of Agriculture;

(7) "Designated accredited veterinarian" means an accredited veterinarian trained and designated by the state veterinarian to conduct the single cervical test or draw blood for the dual path platform test for tuberculosis on cervidae;

(8) "Direct shipment to slaughter" means the shipment of tuberculosis reactors, tuberculosis suspects, and tuberculosis-exposed cervidae, from the premises of origin, by permit, directly to a slaughtering establishment operating under state or federal inspection, without diversion to assembly points of any type;

(9) "Dual path platform test" means a serological assay to determine the presence of antibodies to bovine tuberculosis in elk, red deer, white-tailed deer, fallow deer, and reindeer, in which a blood sample taken from a captive cervidae and buffer solution is placed on a strip. The diluted sample then migrates to another strip, which contains an antibody-detecting reagent. This latter strip indicates whether antibodies are present in the sample;

(10) "Exposed animals" means cervidae that have associated with animals known to be tuberculous;

(11) "Herd" means one or more cervidae or a group of cervidae and other hoofed stock maintained on common ground, or two or more groups of cervidae under common ownership or supervision that are geographically separated but can have an interchange or movement without regard to health status;

(12) "Natural additions" means animals born and raised in a herd;

(13) "Negative animals" means cervidae that show no response to a tuberculosis test or that have been classified as negative by the testing veterinarian based on history, supplemental tests, examination of carcasses, or laboratory results;

(14) "No gross lesion animals" means cervidae that do not reveal any lesions of bovine tuberculosis upon necropsy;

(15) "Official eartag" means an identification eartag, as defined in 9 C.F.R. § 71.1 (January 1, 2021);

(16) "Official tuberculosis test" means a test for bovine tuberculosis applied and reported in accordance with this chapter;

(17) "Permit" means an official document issued by a representative of Animal Plant Health Inspection Service, Veterinary Service, a state representative, or an accredited veterinarian, required to accompany reactor, suspect, or exposed cervidae to slaughter;

(18) "Qualified herd" means a cervidae herd that has undergone at least one complete official negative test of all eligible animals, within the past twelve months, and is not classified as an accredited herd, has no evidence of bovine tuberculosis, and meets the standards of this chapter;

(19) "Reactor" means a cervidae that shows a response to an official tuberculosis test and is classified a reactor by the testing veterinarian;

(20) "Single cervical tuberculin test" means the intradermal injection of 0.1 mL or 5,000 tuberculin units of United States Department of Agriculture bovine purified protein derivative tuberculin in the midcervical region with reading by visual observation and palpation in 72 hours, plus or minus six hours, following injection;

(21) "Suspect" means a cervidae that shows a response to an official tuberculosis test and is not classified as a reactor or is not classified as negative or as a reactor by a supplemental tuberculosis test;

(22) "Tuberculin" means a product that is approved by and produced under United States Department of Agriculture license for the intradermal injection of cervidae for the purpose of detecting bovine tuberculosis; and

(23) "Tuberculosis" means a disease in Cervidae caused by Mycobacterium bovis.

Source: 21 SDR 162, effective March 23, 1995; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 39 SDR 204, effective June 10, 2013; 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021.

General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.

Law Implemented: SDCL 40-3-14, 40-5-8 to 40-5-8.4, 40-5-9.

Reference: "Bovine Tuberculosis Eradication," APHIS 91-45-011, January 22, 1999, published by Animal and Plant Health Inspection Service, United States Department of Agriculture. Copies may be obtained at no charge from South Dakota Animal Industry Board, 411 South Fort Street, Pierre, South Dakota 57501.

Rule 12:68:23:03 Monitored herd.

12:68:23:03. Monitored herd. A monitored herd is a herd under range conditions on which identification records are maintained for animals over one year of age that are slaughtered and inspected for tuberculosis at an approved state or federal slaughter facility or an approved laboratory. The animals slaughtered have been identified to the herd and the number slaughtered have been evenly distributed over a three-year period, at a rate to detect infection at a two percent prevalence level with ninety-five percent confidence. This rate requires a maximum number of 178 animals. See page 34 in "Bovine Tuberculosis Eradication," USDA, APHIS, January 22, 1999.

Source: 21 SDR 162, effective March 23, 1995; 34 SDR 100, effective October 22, 2007.

General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.

Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

12:68:23:04. Official tuberculosis tests. The following primary and supplemental diagnostic tests are the official tests approved for use in testing and retesting for tuberculosis in cervidae.

(1) The single cervical tuberculin test is a primary test that may be used in individual captive cervidae and in herds of unknown tuberculosis status. Each captive cervidae that responds to the single cervical tuberculin test must be classified as a suspect until it is retested with the comparative cervical tuberculin test and is either found negative for tuberculosis or is classified as a reactor, unless, with exception of a designated accredited veterinarian, the testing veterinarian determines that the captive cervidae should be classified as a reactor based on its response to the single cervical tuberculin test. A designated accredited veterinarian must classify a responding captive cervidae as a suspect, unless the state veterinarian determines, based on epidemiological evidence, that the captive cervidae should be classified as a reactor. A captive cervidae that responds to the single cervical tuberculin test must not be retested using the dual path platform test;

(2) The single cervical tuberculin test is a primary test that may be used in affected herds and in herds that have received captive cervidae from an affected herd. If used with affected herds or in herds that have received a captive cervidae from an affected herd, the single cervical tuberculin test may only be administered by a veterinarian employed by the state in which the test is administered or employed by USDA. In affected herds or herds that have received captive cervidae from an affected herd, each captive cervidae that responds to the single cervical tuberculin test must be classified as a reactor, unless the state veterinarian determines, based on epidemiological evidence, that the cervidae should be classified as a suspect because of possible exposure to a tuberculous animal;

(3) The dual path platform test is a primary test that may be used in individual captive elk, red deer, white-tailed deer, fallow deer, and reindeer, and in herds of these species that are of unknown tuberculous status. Each captive cervidae that has nonnegative test results to the dual path platform test must be classified as a suspect, unless the state veterinarian determines, based on epidemiological evidence, that the captive cervidae should be classified as a reactor. The cervidae may be retested with the dual path platform test to evaluate a new blood sample drawn from the cervidae no less than 30 days after the first dual path platform test. A captive cervidae that has nonnegative test results on two successive dual path platform tests must be classified as a reactor. A captive cervidae that has nonnegative test results to the dual path platform test may not be retested using the single cervical tuberculin or comparative cervical tuberculin test;

(4) The comparative cervical tuberculin test is a supplemental test that may only be used in order to retest captive cervidae that have been classified as suspects after being tested with the single cervical tuberculin test. The comparative cervical tuberculin test may be used in affected herds only after the herd has tested negative to at least two whole herd single cervical tuberculin tests and only with the prior written consent of the state veterinarian. The comparative cervical tuberculin test may not be used as a primary test. Captive cervidae tested with the comparative cervical tuberculin test are classified as follows:

(A) A captive cervidae tested with the comparative cervical tuberculin test must be classified as negative if it has a response to the bovine purified protein derivative tuberculin that is less than 1 mm;

(B) Unless the testing veterinarian determines that the captive cervidae should be classified as a reactor because of possible exposure to a tuberculous animal, a captive cervidae tested with the comparative cervical tuberculin test must be classified as a suspect if:

(1) It has a response to the bovine purified protein derivative tuberculin that is greater than 2 mm and that is equal to the response to the avian purified protein derivative tuberculin; or

(2) It has a response to the bovine purified protein derivative tuberculin that is equal to or greater than 1 mm and equal to or less than 2 mm and that is equal to or greater than the response to the avian purified protein derivative tuberculin; and

(1) It has a response to the bovine purified protein derivative tuberculin that is greater than 2 mm and that is at least 0.5 mm greater than the response to the avian purified protein derivative tuberculin; or

(2) It has been classified as a suspect on two successive comparative cervical tuberculin tests.

Any exceptions to the reactor classification under the conditions in this subsection must be justified by the testing veterinarian in writing and have the concurrence of the state veterinarian.

Source: 21 SDR 162, effective March 23, 1995; 39 SDR 204, effective June 10, 2013; 48 SDR 39, effective October 4, 2021.

General Authority: SDCL 40-3-14, 40-5-8.6.

Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.4, 40-5-9.

Rule 12:68:23:05 Classification of Cervidae tested.

12:68:23:05. Classification of Cervidae tested. All Cervidae tested shall be recorded and classified as described in Part II, "Bovine Tuberculosis Eradication," USDA, APHIS, January 22, 1999.

Source: 21 SDR 162, effective March 23, 1995; 34 SDR 100, effective October 22, 2007.

General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.

Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

12:68:23:06. Importation of Cervidae. All Cervidae to be imported into South Dakota must be:

(1) Individually identified with an official identification tag and a visible management tag listed on a certificate of veterinary inspection and an import permit issued by the board; and

(2) The cervidae must be from:

(A) An accredited herd that has completed testing requirements within 24 months prior to the date of movement; or

(B) A herd that has had a negative whole herd test within one year prior to the date of movement, and the individual animals moved must have tested negative to an official tuberculosis test, as defined in § 12:68:23:04, within 90 days prior to entry; except that the additional test is not required if the animals are moved interstate within six months following the whole herd test.

Source: 21 SDR 162, effective March 23, 1995; 48 SDR 39, effective October 4, 2021.

General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.

Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.4.

Rule 12:68:23:07 Reporting of tests.

12:68:23:07. Reporting of tests. A report of all tuberculosis tests must be submitted to the state veterinarian by the veterinarian administering the test immediately following the test. This report must include the identification of age, sex, and species of each animal and a record of the size of the response.

Source: 21 SDR 162, effective March 23, 1995.

General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.

Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

Rule 12:68:23:08 Repealed.

12:68:23:08. Use of blood TB test. Repealed..

Source: 21 SDR 162, effective March 23, 1995; repealed, 34 SDR 100, effective October 22, 2007.

Rule 12:68:23:09 Use of the single cervical test.

12:68:23:09. Use of the single cervical test. The single cervical test may be administered only by a state, federal, or designated accredited veterinarian.

Source: 21 SDR 162, effective March 23, 1995.

General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.

Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

12:68:23:10. Disposition of Cervidae responding to tuberculin testing. Cervidae responding to tuberculin testing must be disposed of as follows:

(1) Reactors and exposed animals must remain on the premises where they were disclosed until a state or federal permit for movement has been obtained. Movement for immediate slaughter must be within 15 days after classification directly to a slaughter establishment where approved state or federal inspection is maintained. Alternatively, the animals may be destroyed and a necropsy may be conducted by or under the supervision of an accredited veterinarian who is employed by the state or federal government and trained in tuberculosis necropsy procedures.

(2) Herds containing suspects to the single cervical tuberculin test must be quarantined until the suspect animals are:

(a) Retested by the comparative cervical tuberculin test within ten days after the single cervical tuberculin test injection; or

(b) Retested by the comparative cervical tuberculin test after 90 days; or

(c) Shipped under permit directly to a slaughter facility under state or federal inspection, or necropsied by or under the supervision of an accredited veterinarian who is employed by the state or federal government and trained in tuberculosis necropsy procedures. If such animals are found to be without evidence of mycobacterium bovis infection by histopathology, including selected specimens submitted from animals having no gross lesions indicative of tuberculosis or culture, they are considered negative for tuberculosis.

(3) Suspects to the comparative cervical tuberculin test must remain under quarantine until:

(a) Comparative cervical suspects are retested using the comparative cervical tuberculin test after 90 days; or

(b) Shipped under permit directly to a slaughter facility under state or federal inspection or necropsied by or under the supervision of an accredited veterinarian who is employed by the state or federal government and trained in tuberculosis necropsy procedures. Such animals are considered negative for tuberculosis unless evidence of the disease is found by culture or histopathology, including selected specimens submitted from animals having no gross lesions.

(4) An animal meeting the suspect criteria on two successive comparative cervical tuberculin tests must be classified as a reactor and identified as such. The testing veterinarian must justify exceptions, in writing, and have the concurrence of the state veterinarian.

(5) A captive cervidae classified as a suspect on the dual path platform test must be quarantined until it is slaughtered or retested using the dual path platform test and found negative for tuberculosis; and

(6) A captive cervidae classified as a suspect on an initial dual path platform test must be slaughtered or otherwise must be quarantined until it is retested using the dual path platform test. A captive cervidae that has negative test results to the second dual path platform test may be released from quarantine. A captive cervidae that has nonnegative test results to the second dual path platform test must be classified as a reactor and may only be moved in accordance with subsection (3)(b) of this section.

Source: 21 SDR 162, effective March 23, 1995; 34 SDR 100, effective October 22, 2007; 39 SDR 204, effective June 10, 2013; 48 SDR 39, effective October 4, 2021.

General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.

Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

12:68:23:11. Identification of reactors. Reactor cervidae must be identified by branding with the letter "T" on the left jaw, not less than two inches or more than three inches high, and by tagging with an official eartag bearing a serial number and the inscription "U.S. Reactor" attached to the left ear. In lieu of branding, a reactor may be shipped to slaughter in an officially sealed vehicle by a full-time United States Department of Agriculture or South Dakota Animal Industry Board employee, or accompanied to slaughter by a full-time United States Department of Agriculture or South Dakota Animal Industry Board employee. The seal to be used is defined in 9 C.F.R. § 78.1, January 1, 2021.

General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.

Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

Rule 12:68:23:12 Cleaning and disinfection of premises, conveyances, and materials.

12:68:23:12. Cleaning and disinfection of premises, conveyances, and materials. All premises, including all structures, holding facilities, conveyances, and materials that are determined by cooperating state or federal animal health officials to constitute a health hazard to humans or animals because of tuberculosis must be cleaned and disinfected. Cleaning and disinfection must be done within 15 days after the removal of tuberculosis-infected or -exposed cervids as directed by the officials. The officials, for reasons satisfactory to them, may extend the time limit for disinfection if the request for extension is received before the original 15-day period expires.

Source: 21 SDR 162, effective March 23, 1995.

General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.

Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

Rule 12:68:23:13 Accredited herd plan.

12:68:23:13. Accredited herd plan. The requirements of the accredited herd plan for Cervidae are as follows:

(1) Animals to be tested: Testing of herds for accreditation or reaccreditation must include all Cervidae and all other hoof stock over six months of age and animals under six months of age that are not natural additions;

(2) Qualifying standards: To meet the requirements for accredited herd status, the herd must pass at least two consecutive official tests for tuberculosis conducted at 9- to 15-month intervals with no evidence of bovine tuberculosis disclosed. Herds meeting these standards are issued a certificate by the state veterinarian stating the qualifying standards have been met by the herd;

(3) Additions: Herd additions must originate directly from one of the following and have no exposure to cervids from herds of lesser status than the additions' herd of origin:

(a) An accredited herd;

(b) A qualified or monitored herd if the individual animals for addition were negative to an official tuberculosis test conducted within the 90 days preceding entry and are isolated from members of the accredited herd until they prove negative to an official tuberculosis test conducted at least 90 days following entry;

(c) A herd not meeting the requirements of subsection (a) or (b) in this subdivision. The individual animals for addition must be isolated from all other members of the herd of origin and pass two negative official tests for tuberculosis conducted at least 90 days apart, with the second test conducted within the 90 days preceding movement to the premises of the accredited herd. The additions must be kept in isolation from members of the accredited herd until they are negative to an official tuberculosis test conducted at least 90 days following the date of entry to the premises.

Animals added under subsection (b) and (c) of this subdivision may not receive accredited herd status for sale or movement purposes until they are negative on a retest 90 days after entry; and

(4) Reaccreditation: To qualify for reaccreditation, the herd must pass a test within a period between 21 to 27 months after the anniversary date of accreditation. The accreditation period is 36 months (1080 days) from the anniversary date, not 36 months from the date of the reaccreditation test.

Source: 21 SDR 162, effective March 23, 1995; 25 SDR 33, effective August 31, 1998; 27 SDR 96, effective April 1, 2001; 34 SDR 100, effective October 22, 2007.

General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.

Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

Rule 12:68:23:14 Qualified herd plan.

12:68:23:14. Qualified herd plan. The requirements for the qualified herd plan for Cervidae are as follows:

(1) Animals to be tested. Testing of herds for qualification must include all Cervidae over six months of age and any animals under six months of age that are not natural additions. All natural additions must be individually identified by official eartag and be recorded on the test charts as members of the herd at the time of the herd test;

(2) Qualifying standards: To meet the requirements for qualified herd status, the herd must be administered one official test for tuberculosis with results indicating no evidence of bovine tuberculosis. The qualified herd status remains in effect for 12 months following the qualifying test;

(3) Additions: Individual animals for addition must be isolated from other members of the herd of origin and must have negative results to two official tests for tuberculosis, conducted at least 90 days apart. The second test must be conducted within the 90 days preceding movement to the premises of the monitored herd. The additions must be kept in isolation from all members of the qualified herd until they are negative to an official tuberculosis test conducted at least 90 days following the date of entry to the premises.

Source: 21 SDR 162, effective March 23, 1995.

General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.

Law Implemented: SDCL 40-3-14, 40-5-8, 40-5-8.2, 40-5-8.3, 40-5-8.4, 40-5-9.

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