(A) If pseudorabies is detected in a
swine
herd in the state of Ohio while Ohio is classified by United States department
of agriculture as a stage five state:
(1) The
infected swine herd shall be isolated and depopulated within fifteen days after
the test results confirming pseudorabies are reported to the state
veterinarian; and
(2) All exposed
swine herds and
swine herds within two miles of the infected
swine herd shall
be tested for pseudorabies. All testing shall be completed no earlier than
thirty days and no later than sixty days after an infected
swine herd is
depopulated. Any
swine herd which tests positive for pseudorabies shall be
isolated and depopulated in accordance with paragraph (A)(1) of this rule and
any exposed
swine herd or herds within two miles shall be tested in accordance
with this paragraph.
The foregoing sequence shall continue until either all of the
infected swine herds are depopulated and any exposed swine herd and swine herds
within two miles of an infected herd test negative, or the state of Ohio looses
its classification as a stage five state.
(B) If the United States department of
agriculture lowers the state status of Ohio from stage five owners of
swine
breeding herds and
swine feedlots quarantined for pseudorabies shall submit
eradication plans in accordance with the provisions of this paragraph.
(1) Breeding herd eradication plans.
(a) The owner of swine kept for breeding
purposes which are quarantined for pseudorabies shall, within thirty days of
the date of the quarantine, submit to the director of agriculture for his
approval a written plan for the eradication of pseudorabies virus from the
quarantined swine herd.
(b) The
plan submitted shall be designed to eliminate pseudorabies virus from the
quarantined
swine within twelve months of the date the plan is submitted.
The director shall require as part of a herd eradication plan
vaccination with a gene altered vaccine for which there is a companion
differential test capable of differentiating field strain pseudorabies virus
antibodies from pseudorabies vaccine antibodies.
(2) Feedlot eradication plans.
(a) The owner of feedlot swine kept for
finish feeding purposes which are quarantined for pseudorabies shall within
thirty days of the date of the quarantine, submit to the director of
agriculture for his approval a written plan for the eradication of pseudorabies
virus from the quarantined swine.
(b) The plan submitted shall be designed to
eliminate pseudorabies virus from the quarantined
swine within six months from
the date the plan is submitted provided;
(i)
Feedlots receiving feeder swine from a breeding herd which has an approved herd
eradication plan shall have twelve months from the date the last feeder swine
enter the feedlot from the quarantined breeding herd to eliminate pseudorabies
virus.
(ii) The director shall
require vaccination with a pseudorabies vaccine as part of a herd eradication
plan and specify the type of pseudorabies vaccine.
(3) Plan approval and
implementation.
(a) Any eradication plan
submitted for approval which, in the judgment of the director of agriculture,
will not eradicate pseudorabies virus from a herd or will not eradicate it
within the time prescribed in this rule shall within thirty days of the date
approval is denied be modified to meet the objections of the director.
(b) Once approved an eradication
plan shall be implemented within thirty days of the date of approval.
(4) Following approval
of an
eradication plan, the department and the herd owner or bailee shall
review the owner or bailee's performance under the herd plan at least once
every one hundred twenty days, subject to availability of department personnel.
Performance and progress shall be documented by the department.
(a) All approved changes in the eradication
plans shall be implemented within thirty days of the approval date.
(b) The time period for eradication of
pseudorabies virus may be extended by the director of agriculture for good
cause shown.
(5) The
director of agriculture may order the destruction of any
swine quarantined for
pseudorabies when:
(a) The owner of the
quarantined swine has failed to submit an eradication plan for the eradication
of pseudorabies virus from the quarantined animals within the time prescribed
in the rule;
(b) Upon denial of
approval the owner of the quarantined swine fails to resubmit within the time
limits prescribed an eradication plan which meets the director of agriculture's
objection to the eradication plan;
(c) The owner fails to implement the
eradication plan within the time prescribed in this rule or fails to comply
with the plan.
(d) The
pseudorabies virus has not been eradicated from the quarantined swine in the
time allotted by this rule.
(e)
The owner of the quarantined swine has been found guilty in a court of law of
violating any provision of the Revised Code or Ohio Administrative Code, other
than paragraph (B)(5) of this rule, which pertains to pseudorabies control and
eradication.
(6) When
swine are ordered destroyed under paragraph (B)(5) of this rule:
(a) Sows, bred gilts and boars shall be sold
for immediate slaughter as defined in paragraph (D) of rule
901:1-23-01
of the Administrative Code within forty-five days of the order of destruction;
(b) All other
swine on the farm
shall be sold for immediate slaughter as defined in paragraph (D) of rule
901:1-23-01
of the Administrative Code within two hundred ten days;
(c) A permit may be issued by the director of
agriculture to move feeding swine to a quarantined feedlot when in his judgment
removal would accelerate pseudorabies eradication;
(d) No swine shall be added to the premises
following the date an order of destruction is issued until the quarantine is
released.
(7) The
director may in his discretion, by order, indemnify the owner of breeding boars
and sows destroyed either under an approved herd cleanup plan or under
paragraph (B)(5) of this rule if, before issuing the order:
(a) There are funds in the department's
current biennium appropriation designated expressly for the payment of
indemnification of animals destroyed under authority of this rule; and
(b) The director has obtained
certification from the director of budget and management that there is an
unencumbered balance in the appropriation for the current biennium sufficient
to pay the indemnity and the director designates funds for that purpose.
No indemnification shall be ordered and paid except during the
biennium for which money has been appropriated and encumbered.
(8) Indemnity paid
under this rule shall be limited:
(a) To an
amount equal to forty dollars times the number of breeding boars and sows over
one year of age present on a quarantined premise on the date the quarantine was
issued for animals which are culled under an approved breeding herd eradication
plan;
(b) To an amount equal to
forty dollars for any other breeding boar or sow over eight months of age and
under one year of age present on a quarantined premise either on the date the
quarantine was issued culled under an approved breeding herd
eradication plan
when, the director, in his discretion, determines payment of indemnity will
facilitate eradication from the herd and prevent the spread of pseudorabies
virus;
Any breeding sow or boar over one year of age destroyed under
paragraph (B)(5) of this rule shall receive no indemnity.
(9) In order to ensure that
indemnity payments serve the purpose of providing an economic incentive to the
producer to eradicate pseudorabies from a herd; the director, when ordering
payment may specify the time at which indemnity payments will be made and
specify those animals for which payment will be made.
(10) One-half of any indemnity paid an owner
under paragraphs (B)(6)(a) and (B)(6)(b) of this rule shall be repaid to the
department of agriculture upon demand when, prior to expiration of the
eradication plan there has been an outbreak of pseudorabies virus in the
quarantined herd caused by the failure of the owner to adhere to the measures
called for in the approved herd eradication plan.