The Law and Feral Swine

THE LAW AND FERAL SWINE

JAN C. HUBER, USDA-APHIS-VA, Arlington, Va.

Code of Federal Regulations Title 9 (Revised as of January 1, 1992)

(CFR) is kept up-to-date by the individual issues of the Federal Register. These two publications (CFR and the Federal Register) must be used together to determine the latest version of any given rule.

To determine whether a Code volume has been amended since its revision date (in this case, January 1, 1992), consult the “List of CFR Sections Affected (LSA),” which is issued monthly, and the “Cumulative List of Parts Affected,” which appears in the Reader Aids section of the daily Federal Register. These two lists will identify the Federal Register page number of the latest amendment of any given rule. Publication dates and effective dates are usually not the same and care must be exercised by the user in determining the actual effective date.

Title 9 is for animals and animal products. Chapter I is for the Animal and Plant Health Inspection Service (APHIS), Department of Agriculture (USDA) (parts 1-199).

Subchapter B – Cooperative Control and Eradication of Livestock or Poultry Diseases

Part 51 – Animals Destroyed Because of Brucellosis

Animals are defined as cattle, bison, and breeding swine.

The terms swine and breeding swine are not defined. The Administrator may authorize the payment of Federal indemnity by the USDA to an owner whose breeding swine are destroyed as reactors or as exposed to brucellosis.

Part 56 – Swine Destroyed Because of Hog Cholera

The term swine is not defined. The term breeding swine is defined as grade female swine which are maintained for breeding purposes as part of a formal breeding program.

Subchapter C – Interstate Transportation of Animals (Including Poultry) and Animal Products

Part 71 – General Provisions

The terms animal, domestic animals, livestock, and swine are not defined.

Section 71.3 Interstate movement of diseased animals and poultry generally prohibited.

(a) Animals affected with hog cholera, acute swine erysipelas, tuberculosis, brucellosis, or any other communicable disease which is endemic to the United States, shall not be moved interstate.

(b) Animals affected with foot-and-mouth disease, African swine fever, Teschen disease, screwworms, or any other communicable foreign disease not known to exist in the United States, shall not be moved interstate.

(c) Notwithstanding the provisions of paragraphs (a) and (b) of this section:

(1) Domestic animals which have reacted to a test recognized by the Secretary of Agriculture for brucellosis, which are not affected with any other disease referred to in this section and are not tick infested, may be moved interstate in accordance with part 78 of this chapter in the case of brucellosis reactors.

(d) Notwithstanding the provisions of paragraphs (a) and (b) of this section, livestock which is found to be diseased may be moved interstate in accordance with paragraphs (d) (1) through (6) of this section: Provided, that such livestock is not tick infested or affected with any disease referred to in this section other than the diseases named in this paragraph: and provided further, that such livestock is accompanied by a certificate, issued by an APHIS or State inspector or accredited veterinarian stating the destination of the animals; the purpose for which they are to be moved; the number of animals covered by the certificate; the point from which the animals are moved interstate; and the name and address of the owner or shipper.

(1) Livestock affected with atrophic rhinitis, ringworm, swine influenza, and arthritis (simple lesions only).

(5) Livestock affected with ringworm may be moved interstate for any purpose if treated under the supervision of an APHIS or State inspector or an accredited veterinarian prior to movement: provided, that such livestock is not affected with any other disease named in this paragraph. Livestock affected with ringworm and also with another disease named in this paragraph may be moved interstate only under the applicable provisions of paragraphs (d) (1) through (4) of this section after being so treated for ringworm. Such livestock will be subject to further treatment at destination, if required.

(f) Before offering cattle or other livestock or poultry for interstate transportation, transporting them interstate, or introducing them into any stockyards or upon routes of traffic for interstate transportation, all persons, companies, or corporations are required to exercise reasonable diligence to ascertain whether such animals or poultry are affected with any contagious, infectious, or communicable disease, or have been exposed to the contagion or

Part 71 – General Provisions

infection of any such disease by contact with other animals or poultry so diseased or by location in pens, cars, or other vehicles, or upon premises that have contained animals or poultry so diseased.

Sections 71.4, 71.5, 71.6, 71.7 pertain to sanitation and cleaning and disinfection of premises, facilities, and means of conveyance. There are specific references to animals, livestock, and swine affected with, or carrying the infection of, any contagious, infectious, or communicable disease of livestock.

Section 71.19 pertains to identification of swine in interstate commerce.

Part 76 – Hog Cholera and other Communicable Swine Diseases

Exposed swine are defined as any swine that have been in contact with animals known to be or suspected of being affected with hog cholera; any swine which have been inoculated with modified live virus vaccine after January 1, 1970; any swine which have been inoculated with any other virulent hog cholera virus at any time; any swine which have been inoculated with killed or inactivated hog cholera virus vaccine other than as provided in paragraph (w) of this section; or any swine which have been in contact with such vaccinates.

Swine product is defined as any carcass, part or offal of swine, or product thereof.

Vectors are defined as any swine which have been in contact with animals known to be or suspected of being affected with hog cholera and which are or have been introduced into, marketed, or maintained in any State for purposes other than immediate slaughter and therefore may disseminate hog cholera.

The terms swine, any swine, and animals are not defined.

Section 76.2 makes specific reference to hog cholera, swine erysipelas, trichinosis, tuberculosis, foot-and-mouth disease, African swine fever, and other contagious, infectious, or communicable diseases of swine.

Part 78 – Brucellosis

Animals are defined as cattle, bison, and swine.

Boar is defined as an uncastrated male swine six months of age or over which is or has been capable of being used for breeding purposes.

Herd is defined as: (a) All animals under common ownership or supervision that are grouped on one or more parts of any single premises (lot, farm or ranch); or (b) All animals under common ownership or supervision on two or more premises which are geographically separated but on which animals from the different premises have been interchanged or had contact with each other.

Herd of origin of swine is defined as any herd in which swine are farrowed and remain until movement or any herd in which swine remain for 30 days immediately prior to movement.

Market swine test swine are defined as sows and boars which have been moved to slaughtering establishments and sows and boars which are subjected to an official test for the purposes of movement at farms, ranches, auction markets, stockyards, or other assembly points.

Sow is defined as a female swine which is parturient or postparturient.

The term swine is not defined.

Subpart D – Restrictions on Interstate Movement of Swine Because of Brucellosis

Part 85 – Pseudorabies

The term exposed livestock is defined as any livestock that has been in contact with an animal infected with pseudorabies, including all livestock in a known infected herd; except that livestock, other than swine, that have not been exposed to a clinical case of the disease for a period of 10 consecutive days shall no longer be considered to be exposed livestock.

Exposed swine are defined as any swine that has been in contact with an animal infected with pseudorabies, including all swine in a known infected herd.

Farm of origin is defined as a farm where the swine were born, or on which they have resided for at least 90 consecutive days immediately prior to the interstate shipment.

Herd is defined as any group of livestock maintained on common ground for any purpose, or two or more groups of livestock under common ownership or supervision, geographically separated, but which have an interchange or movement of animals without regard to whether the animals are infected with or exposed to pseudorabies.

The term infected livestock is defined as any livestock determined to be infected with pseudorabies by an official pseudorabies test, or diagnosed by an official pseudorabies epidemiologist as having pseudo rabies.

The term livestock is defined as swine, cattle, sheep or goats.

The term swine is not defined.

Part 89 – Statement of Policy Under the Twenty-eight Hour Law

Livestock listed are cattle, horses, mules, sheep, goats, and swine.

The term swine is not defined.

Subchapter D – Exportation and Importation of Animals (Including Poultry) and Animal Products

Part 91 – Inspection and Handling of Livestock for Exportation

Animals are defined as horses, cattle (including American bison), sheep, swine, and goats.

The term swine is not defined.

Part 92 – Importation of Certain Animals and Poultry and Certain Animal and Poultry Products; Inspection and other Requirements for Certain Means of Conveyance and Shipping Containers Thereon

Subpart E – Swine

Animals are defined as cattle, sheep, goats, other ruminants, swine, horses, asses, mules, zebras, dogs, and poultry.

The term swine is defined as the domestic hog and all varieties of wild hogs.

Part 94 – Rinderpest, Foot-and-Mouth Disease, Fowl Pest (Fowl Plague), Newcastle Disease (Avian Pneumoencephalitis), African Swine Fever, and Hog Cholera: Prohibited and Restricted Importations

Wild swine are defined as any swine which are allowed to roam outside an enclosure.

Part 166 – Swine Health Protection

Animals are defined as all domesticated and wild mammalian, poultry, and fish species, and wild and domesticated animals, including pets such as dogs and cats.

The term swine is not defined.

Summary of Definitions Part 51

Animals are defined as cattle, bison, and breeding swine.

Breeding swine – no definition.

Swine – no definition.

Part 56

Breeding swine are grade female swine which are maintained for breeding purposes as a part of a formal breeding program.

Swine – no definition.

Part 71

Animal – no definition

Domestic animals – no definition

Livestock – no definition

Swine – no definition

Part 76

Animals – no definition

Any swine – no definition

Swine – no definition

Part 78

Animals are cattle, bison, and swine.

A boar is defined using the term swine.

A sow is defined using the term swine.

Swine – no definition.

Part 85

Livestock are swine, cattle, sheep or goats.

Swine – no definition.

Part 89

Swine are listed as a species of livestock.

Swine – no definition.

Part 91

Animals are horses, cattle (including American bison), sheep, swine, and goats.

Swine – no definition.

Part 92 Subpart E – Swine

Animals are cattle, sheep, goats, other ruminants, swine, horses, asses, mules, zebras, dogs, and poultry.

Swine are the domestic hog and all varieties of wild hogs.

Part 94

Wild swine are any swine which are allowed to roam outside an enclosure.

Part 166

Animals are all domesticated and wild mammalian, poultry, and fish species, and wild and domesticated animals, including pets such as dogs and cats.

Swine – no definition.

State of Texas Regulations

The Texas Animal Health Commission (TAHC) promulgated rules on feral swine which became effective July 20, 1992. Feral swine are defined as swine that have lived any part of their lives free-roaming. Feral swine may be reclassified as domestic swine by a negative official brucellosis test and a negative official pseudorabies test conducted after at least 60 days’ confinement separate and apart from any infected or free-roaming swine.

Movement of feral swine in Texas is regulated as follows:

1. Feral swine may be moved from the premise where they were trapped to a game preserve, provided they are negative to an official test for brucellosis and pseudorabies within 30 days prior to movement; or,

2. Moved directly from the premise where they were trapped to a slaughter facility; or,

3. Moved directly from the premise where they were trapped to a livestock market for sale only to slaughter. Feral swine delivered to a livestock market shall be penned in isolation under quarantine until moving directly to slaughter from the market accompanied by a VS Form 1-27 permit.

It has been proposed to amend the regulations to allow for the establishment of a feral swine slaughter holding facility. It is defined as a pen or pens approved by the Commission to hold feral swine from the time they are trapped until they are moved to slaughter. Written approval of the facility may be given after an inspection by Commission personnel that finds it meets the following criteria:

(A) There are no domestic swine within one and one-half miles of the proposed facility.

(B) The facility is double fenced with hog-proof fencing with two fences being at least four feet apart and no animals kept in the space between.

(C) Only feral swine being held for slaughter will be placed in the facility.

(D) Swine will be moved from the facility only to go directly to slaughter.

(E) Dealer records will be maintained to include the number of swine placed in and removed from the facility, dates they were placed or removed, ranches where they were trapped, and the slaughter facility to which they were hauled.

(F) The approval of a feral swine slaughter holding facility will continue until a request to cancel it is received from the owner or until an inspection by Commission personnel reveals a violation of these requirements.

The TAHC has published a brochure entitled Regulations for Trapping or Moving Feral (Wild) Swine.

Swine Brucellosis Control/Eradication
State/Federal/Industry
Uniform Methods and Rules

Domestic swine are defined as swine which have never been in direct contact with feral swine or have had a negative official swine brucellosis test after at least 60 days confinement separate and apart from feral swine.

Feral swine are defined as swine which have lived any part of their lives free roaming. Feral swine may be reclassified as domestic swine by a negative official swine brucellosis test conducted after at least 60 days confinement separate and apart from any infected or free roaming swine.

The term swine is not defined.

Standards for Program Stage I

Feral swine of unknown status are moved only to immediate slaughter, segregated from all other livestock, by permit of the State animal health officer. Movement to hunting preserves or game farms is not classified as shipment to slaughter.

Feral swine imported for hunting preserves, game farms, exhibition, feeding or breeding, etc. are from swine brucellosis validated free herds, from monitored free populations or are found negative to an official swine brucellosis screening test conducted thirty days or less prior to interstate shipment and are imported by permit of the State animal health official.

Feral swine imported for breeding purposes are held separate and apart from all domestic swine and are found negative to two official swine brucellosis presumptive tests, the first conducted 30 to 60 days following arrival and the second 60 to 90 days after the first test.

All hunting preserves and game farms which include any swine, feral or domestic, must be under surveillance by State animal health officials.

Standards for Program Stage II

No direct reference to feral swine. Stage I standards must be implemented.

Standards for Program Stage III

No direct reference to feral swine. Stage II standards must be implemented and its requirements fulfilled.

Pseudorabies Eradication
State/Federal/Industry Program Standards

The term swine is not defined. There is no reference to feral swine.