Http://edocket.access.GPO.gov/2004/04-24828.htm[Federal Register: November 8, 2004 (Volume 69, Number 215)]
[Rules and Regulations]
[Page 64644-64651]
From the Federal Register Online via GPO Access [wais.access.GPO.gov]
[DOCID:fr08no04-3]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 71, 77, 78, 79, 80, 85, and 93
[Docket No. 04-052-1]
Livestock Identification; Use of Alternative Numbering Systems
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are amending the regulations to recognize additional
Numbering systems for the identification of animals in interstate
Commerce and State/Federal/industry cooperative disease control and
Eradication programs. Additionally, we are amending the regulations to
Authorize the use of a numbering system to identify premises where
Animals are managed or held. These new numbering systems will be a key
Element in a national animal identification system that is being
Implemented by the U.S. Department of Agriculture, at present on a
Voluntary basis. The changes we are making to the regulations are
Necessary to allow the use of these new numbering systems for official
Purposes. Use of the new numbering systems will not, however, be
Required as a result of this rulemaking. Finally, we are amending the
Regulations to prohibit the removal of official identification devices
And to eliminate potential regulatory obstacles to the recognition of
Emerging technologies that could offer viable alternatives to existing
Animal identification devices and methods.
DATES: This interim rule is effective November 8, 2004. We will
Consider all comments that we receive on or before January 7, 2005.
ADDRESSES: You may submit comments by any of the following methods:
EDOCKET (Preferred Method): Go to http://www.epa.gov/feddocket
To submit or view public comments on this docket. Once you
Have entered EDOCKET, click on the ``View Open APHIS Dockets'' link to
Locate this document.
Postal Mail/Commercial Delivery: Please send four copies
Of your comment (an original and three copies) to Docket No. 04-052-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
Comment refers to Docket No. 04-052-1.
Federal eRulemaking Portal: Go to http://www.regulations.gov
And follow the instructions for locating this
Docket and submitting comments.
Reading Room: You may read any comments that we receive on this
Docket in our reading room. The reading room is located in room 1141 of
The USDA South Building, 14th Street and Independence Avenue SW.,
Washington, DC. Normal reading room hours are 8 a.m. To 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
Help you, please call (202) 690-2817 before coming.
Other Information: You may view APHIS documents published in the
Federal Register and related information, including the names of groups
And individuals who have commented on APHIS dockets, on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Mr. Neil Hammerschmidt, Animal
Identification Coordinator, National Center for Animal Health Programs,
VS, APHIS, 4700 River Road, Unit 39, Riverdale, MD 20737-1231; (301)
734-5571.
SUPPLEMENTARY INFORMATION:
Background
The Animal and Plant Health Inspection Service (APHIS) of the U.S.
Department of Agriculture (USDA) regulates the interstate movement of
Certain animals to prevent the spread of livestock and poultry diseases
Within the United States. The interstate movement regulations are
Contained in 9 CFR chapter I, subchapter C (parts 70 through 89). APHIS
Also has regulations providing for the payment of indemnity for certain
Animals that are destroyed to prevent the spread of various diseases.
The indemnity regulations are contained in 9 CFR chapter I, subchapter
B (parts 49 through 55). Among other things, the interstate movement
Regulations, as well as some of the indemnity regulations, contain
Requirements for the official identification of animals.
The official numbering systems recognized under the regulations
Prior to this interim rule, such as the National Uniform Eartagging
System, have been vital to disease control and eradication programs,
But may not be well suited for uses outside of those programs. For
Example, many producers use separate identification numbers or methods
For on-farm production purposes, animal data recording, genetic
Evaluation, and breed registration. Assigning multiple identification
Numbers to an animal may necessitate attaching multiple identification
Tags or devices to the animal, and some identification devices are
inevitably lost over time. The ability to access information about a
particular animal may also be impaired when data about that animal are
stored in various databases under various numbering systems.
Furthermore, as diseases such as tuberculosis, brucellosis, and
pseudorabies are eradicated from the United States, fewer animals are
required to be officially identified under the regulations. As a
result, our ability to trace diseased animals back to their herds of
origin and to trace other potentially exposed animals forward is being
compromised.
To address these considerations, USDA has identified the need for a
national animal identification system (NAIS) and defined several key
objectives for such a system. These include: (1) Allowing producers, to
the extent possible, the flexibility to use current systems or adopt
new ones; (2) having a system that is technology neutral, so that all
existing effective technologies and new technologies that may be
developed in the future may be utilized; (3) having a system that
builds upon national data standards to ensure that a uniform and
compatible system
[[Page 64645]]
evolves; (4) having a system that does not preclude producers from
being able to use it with production management systems that respond to
market incentives; and (5) designing the architecture so that the
system does not unduly increase the role and size of the Government.
Design and implementation of such a system are well under way (see
http://www.aphis.usda.gov/lpa/issues/nais/nais.html). USDA is moving
forward, first on a voluntary basis, to integrate the various types of
animal identification programs that currently exist in the United
States, and then will scale up to the national level, to include those
producers and animals that are not currently in an animal
identification program. The goal is to create an effective, uniform,
consistent, and efficient national system.
Key to the NAIS is the use of standardized data elements to
identify animals and to record their movements. These data elements
include numbering systems for individual animals, groups or lots of
animals, and premises (locations where animals are managed or held), as
well as for individuals or entities, such as State animal health
officials, producer organizations, breed associations, identification
companies, service providers, etc., that do not own or manage livestock
but participate in the system in a variety of ways, such as allocating
animal identification numbers to producers, tracking animal movement,
and recording animal health data. These participants are referred to as
non-producer participants.
The NAIS will allow us to trace back and trace forward animals
potentially infected with or exposed to a disease of concern. Traceback
refers to the ability to track an animal's location over its lifespan
and the ability to determine which animals may have been in contact
with a diseased animal or shared a contaminated feed supply. Trace
forward data provide locations of animals moved from a premises of
concern that may have been exposed to a disease. When fully
implemented, the NAIS calls for a trace to be completed within 48 hours
of detecting a disease, enhancing our ability to contain an outbreak.
APHIS will initially fund cooperative agreements to help State and
Tribal governments establish premises identification systems and to
evaluate additional identification pilot projects that could also
become a part of the overall national animal identification system.
Associations and other segments of the livestock industry may
participate in State and Tribal projects. APHIS posted a request for
proposals for these cooperative agreements in June 2004. Applications
were reviewed and selections made in early August, and cooperative
agreements were initiated in September 2004.
This interim rule amends the regulations in order to provide the
flexibility needed to facilitate the development and implementation of
the NAIS. By adding or amending certain definitions and adding,
removing, or amending certain regulatory provisions, this interim rule
allows the use of additional numbering systems and devices for official
purposes under the regulations. We are also adding provisions
prohibiting the removal of official identification devices except at
the time of slaughter. These actions are necessary to meet the
livestock industry's various identification needs and to ensure our
future ability to trace animals to and from their herds of origin. In
keeping with the objectives of the NAIS, the use of the new numbering
systems will be voluntary. This interim rule merely provides for the
use of these numbering systems in instances when official
identification is required. Other animal and premises numbering systems
that are already recognized by the regulations, such as the National
Uniform Eartagging System, will still be recognized by APHIS for
purposes of official identification.
Animal Identification
Individual animal identification is needed for tracking animals
that, while moving through the production chain, are destined to be
commingled with animals outside the production system in which they
were born. The animal identification number (AIN) is a number that may
be used for the official identification of individual animals in State/
Federal/industry cooperative disease control and eradication programs.
In order to provide for the use of the AIN for official purposes, we
are adding the following definition of animal identification number
(AIN) to Sec. Sec. 71.1, 77.2, 78.1, and 80.1: ``A numbering system
for the official identification of individual animals in the United
States. The AIN consists of 15 digits, with the first 3 being the
country code (840 for the United States), the alpha characters USA, or
the numeric code assigned to the manufacturer of the identification
device by the International Committee on Animal Recording.''
As we have already noted, the AIN is not a mandatory system of
livestock identification but an approved alternative to other
officially recognized numbering systems in use today.
Since eartags and backtags are two of the most commonly used
methods of animal identification, we determined that, in order to
provide for the use of AINs on such tags, we needed to amend the
definition of official eartag in Sec. Sec. 71.1, 77.2, 78.1, and 80.1
and the definition of United States Department of Agriculture backtag
in Sec. Sec. 71.1 and 78.1. The previous definition of official eartag
only allowed for the use of the National Uniform Eartagging System or a
premises identification number used in conjunction with the producer's
livestock production numbering system. Similarly, the previous
definition of United States Department of Agriculture backtag only
allowed for the use of the eight-character alpha-numeric National
Backtagging System.
The new definition of official eartag is as follows: ``An
identification tag providing unique identification for individual
animals. An official eartag must bear the U.S. shield. The design,
size, shape, color, and other characteristics of the official eartag
will depend on the needs of the users. The official eartag must be
tamper-resistant and have a high retention rate in the animal. Official
eartags must adhere to one of the following numbering systems:
National Uniform Eartagging System.
Animal identification number (AIN).
Premises-based number system. The premises-based number
system combines an official premises identification number (PIN), as
defined in this section, with a producer's livestock production
numbering system to provide a unique identification number. The PIN and
the production number must both appear on the official tag.
Any other numbering system approved by the Administrator
for the identification of animals in commerce.''
The new definition of United States Department of Agriculture
backtag is ``a backtag issued by APHIS that provides unique
identification for each animal.'' This definition is sufficiently
flexible to allow for the use of the AIN or other numbering systems in
addition to the National Backtagging System.
We are also adding a new definition of official identification
device or method to the domestic animal movement regulations in Sec.
71.1, the brucellosis regulations in Sec. 78.1, the scrapie
regulations in Sec. 79.1, and the animal import regulations in
Sec. Sec. 93.400 and 93.500. We define official identification device
or method as ``a means of officially identifying an animal or group of
animals using devices or methods approved by the
[[Page 64646]]
Administrator, including, but not limited to, official tags, tattoos,
and registered brands when accompanied by a certificate of inspection
from a recognized brand inspection authority.'' The addition of this
new definition to the animal import regulations is necessary because we
are adding certain provisions, which are discussed in greater detail
below, concerning the removal of official identification devices to the
regulations in 9 CFR part 93, as well as to part 71. In parts 71, 78,
and 79, the new definition complements other new provisions, discussed
in more detail below, that we are adding to the regulations.
These new provisions are contained in a new paragraph (b) in Sec.
71.18, a new paragraph (b)(8) in Sec. 79.19, and a new paragraph
(a)(2)(iii) in Sec. 79.2, as well as in an amendment to paragraph
(a)(2) in Sec. 78.14. These new provisions indicate that, in addition
to the identification devices and methods specifically referred to in
those sections, other animal identification devices or methods may also
be employed for official purposes if approved by the Administrator.
Combined with the new definition of official identification device or
method, these changes to the regulations are intended to allow for the
use of both currently available and emerging animal identification
technologies.
We are also removing Sec. 71.19(g), which contains procedures for
requesting approval by the Administrator of swine identification
devices and markings other than those already listed in Sec. 71.19(b)
and states that if the Administrator determines that the devices and
markings will provide a means of tracing swine in interstate commerce,
a proposal will be published in the Federal Register to add the devices
and markings to the list of approved means of swine identification.
With new animal identification technologies currently being pilot
tested, we determined that the procedures in paragraph (g),
particularly the requirement for a proposal to be published in the
Federal Register for each new device, were unnecessarily slow and
cumbersome. In removing this paragraph, we are removing a potential
regulatory obstacle to the approval and use of new technologies. Newly
approved devices or markings will still be added to the list in Sec.
71.19(b), however. Because we are removing paragraph (g), we are
redesignating paragraphs (h) and (i) as paragraphs (g) and (h),
respectively. Because of this redesignation, references to ``Sec.
71.19(h)'' in Sec. 85.7(b)(3)(i), (b)(3)(ii), and (c)(1) and in Sec.
85.8(a)(4) have been amended to refer to ``Sec. 71.19(g).''
Group/Lot Identification
Group/lot identification can be used in species where groups of
animals are assembled from within the same production system and
tracked through records of group movements maintained at the local
level by the producer. In order to provide for use of the group/lot
identification number for official identification purposes, we are
adding a definition of group/lot identification number (GIN) to Sec.
71.1. We define the GIN as ``the identification number used to uniquely
identify a unit of animals of the same species that is managed together
as one group throughout the preharvest production chain. The GIN
consists of a seven-character PIN, as defined in Sec. 71.1, and a six-
digit representation of the date on which the group or lot of animals
was assembled (MM/DD/YY).'' If more than one group of animals is
assembled on a particular day at a given premises, the animals will
still be considered a single group for the purpose of assigning a GIN.
Multiple animal groups assembled on the same premises on the same day
are not considered to be epidemiologically distinct and should be
treated as a single entity for purposes of health management. As is the
case with the AIN, use of the GIN is not mandatory.
Premises Identification
Another key element of the NAIS is premises identification. If the
goal of a 48-hour traceback capability is to become a reality, it must
be possible to record an animal's movements from its farm of origin to
other locations throughout its entire life. Identifying premises that
manage or hold livestock with a single and unique number is, therefore,
essential. In order to provide in the regulations for premises
identification under the NAIS, we are replacing the definition of
premises identification number in Sec. Sec. 71.1 and 80.1 with a new
definition of premises identification number (PIN). Because existing
definitions of premises of origin identification and premises
identification in Sec. Sec. 77.2 and 79.1, respectively, both contain
references to PINs, we are also adding a new definition of premises
identification number (PIN) to those sections. Prior to this interim
rule, premises identification number was defined in Sec. Sec. 71.1 and
80.1 as a State's two-letter postal abbreviation followed by a number
assigned by the State animal health official to a livestock production
unit that is, in the judgment of the State animal health official or
area veterinarian in charge, epidemiologically distinct from other
livestock production units.
In Sec. 71.1, the new definition, which allows for the continued
use of this type of PIN but also recognizes the new premises numbering
system developed for the NAIS, reads as follows: ``A unique number
assigned by a State or Federal animal health authority to a premises
that is, in the judgment of the State or Federal animal health
authority, a geographically distinct location from other livestock
production units. The premises identification number is associated with
an address or legal land description and may be used in conjunction
with a producer's own livestock production numbering system to provide
a unique identification number for an animal. It may also be used as a
component of a group/lot identification number (GIN). The premises
identification number may consist of:
The State's two-letter postal abbreviation followed by the
premises' assigned number; or
A seven-character alphanumeric code, with the right-most
character being a check digit. The check digit number is based upon the
ISO 7064 Mod 36/37 check digit algorithm.''
The new definition of premises identification number (PIN) used in
Sec. Sec. 77.2, 79.1, and 80.1 is almost identical to that of Sec.
71.1, omitting only the reference to the GIN. Group/lot identification
is mainly used for interstate movement of swine, which is regulated
under part 71. Specifically, Sec. 71.19 contains regulations for the
identification of swine in interstate commerce. Thus, the reference to
the GIN in the definition of PIN is much more applicable to part 71
than to parts 77, 79, and 80, which contain, respectively, regulations
pertaining to tuberculosis in cattle, bison, and captive cervids; to
scrapie in sheep and goats; and to Johne's disease, which primarily
affects cattle, sheep, goats, and other ruminants.
The new definition of premises identification number (PIN) differs
from the definition it is replacing not only in recognizing the new
numbering system but also in recognizing a premises based on a State or
Federal animal health authority's determination that it is a
geographically, rather than epidemiologically, distinct animal
production unit. Identifying a premises as an epidemiologically
distinct animal production unit can be problematic because a unit that
may be considered epidemiologically distinct for one animal disease may
not be for another. We view geographical distinctness as a
[[Page 64647]]
more reliable measure by which to determine what constitutes a
premises.
In addition to the new definition of premises identification number
(PIN), we are also amending the definitions referred to earlier of
premises of origin identification in Sec. 77.2 and premises
identification in Sec. 79.1. Prior to this interim rule, both of these
definitions recognized only the type of PIN beginning with the State's
two-letter postal code. The amended definitions refer to the new
definition of premises identification number (PIN) and thus recognize
the new PIN format as well as the old.
Removal or Loss of Official Identification Devices
The AIN or any other animal numbering system can only be effective
if the official eartag or backtag or other approved device bearing the
animal's identification number remains affixed to the animal throughout
its lifetime, from birth to slaughter. Therefore, we are adding a new
Sec. 71.22 that prohibits the removal of official identification
devices except at the time of slaughter and further states that if an
official identification device is lost and it is necessary to retag an
animal with a new official number, every effort should be made to
correlate the new official number with the previous official number of
the animal. To ensure that there will be the same traceback capability
for imported animals as for animals moving interstate, we are adding
identical requirements regarding removal and replacement of official
devices to Sec. Sec. 93.401 and 93.501, which contain conditions for
imported ruminants and swine, respectively. In each of those sections,
the new provisions are contained in a new paragraph (c). As we have
already noted, adding these requirements to the animal import
regulations also necessitates adding a definition of official
identification device or method to Sec. Sec. 93.400 and 93.500.
Immediate Action
Immediate action is necessary to allow the use, on a voluntary
basis, of newly developed numbering systems for the identification of
animals in interstate commerce and State/Federal/industry cooperative
disease control and eradication programs and for the identification of
premises where animals are managed or held. Under these circumstances,
the Administrator has determined that prior notice and opportunity for
public comment are contrary to the public interest and that there is
good cause under 5 U.S.C. 553 for making this action effective less
than 30 days after publication in the Federal Register.
We will consider comments we receive during the comment period for
this interim rule (see DATES above). After the comment period closes,
we will publish another document in the Federal Register. The document
will include a discussion of any comments we receive and any amendments
we are making to the rule.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
This interim rule amends the regulations to recognize additional
numbering systems for the identification of individual animals, groups
of animals, and premises where animals are managed or held. These new
numbering systems are intended for use in the NAIS that is being
implemented by the USDA, at present on a voluntary basis.
Entities that may be affected by this interim rule include U.S.
animal producers, importers, and other individuals and organizations
involved in the buying and selling of livestock.
There were 1.03 million cattle and calf producers in the United
States in 2003. There were also 95,189 cattle feeding operations in the
United States in 2002. On January 1, 2004, there were 95 million beef
and dairy cattle and calves in the United States. Nearly 38 million
calves were born in the United States in 2003. Each of these 38 million
head would presumably be tested, vaccinated, monitored under official
disease control programs, or moved in interstate or international
commerce and would therefore need to be identified if the NAIS were to
be fully implemented. In addition, in 2002, 2.5 million cattle and
calves were imported into the United States. Under Sec. 93.404,
ruminants imported into the United States require individual
identification.
The U.S. hog industry had 60 million hogs as of December 1, 2003.
In 2003, 100.4 million head were born. About 7 million head were
estimated to die due to disease, predators, and other causes, and 100
million head were slaughtered. There were 75,350 hog producers in the
United States in 2002.
The U.S. sheep industry had 7.6 million sheep and lambs on farms as
of July 2004. There were 64,170 sheep and lambs produced in 2002.
In addition to animal producers, many non-producers, such as
slaughter plants, stockyards, bonded dealers, and marketing agencies
involved in buying or selling livestock in the United States may
potentially be involved in the NAIS. There were 3,222 U.S. livestock
slaughter plants in 2003, of which 879 were under Federal inspection.
There are an estimated 7,775 stockyards, bonded dealers, and marketing
agencies in the United States.
The primary beneficiaries of the NAIS are expected to be producers,
who, because disease outbreaks are likely to be controlled more quickly
than in the past, are likely to experience a reduction in costs
associated with such outbreaks (e.g., export markets may not be lost or
may be restricted for shorter durations); taxpayers, who will need to
fund smaller mitigation, eradication, and compensation programs than
they have in the past; and consumers, who will experience less
disruption in the supply of meat if a major disease event happens and
improved confidence in the meat supply system because of the speed with
which we will be able to respond to such events.
It is important to note that participation in the NAIS is
voluntary. Producers can opt not to participate in the NAIS if they
anticipate that the costs they will incur will exceed the benefits they
receive from participation. Little information is available at this
time about costs that may be incurred by producers. APHIS welcomes
comments about the costs of an animal identification system.
Impact on Small Businesses
The Regulatory Flexibility Act requires that agencies consider the
economic impact of their rules on small entities. This interim rule has
potential implications for small entities in the United States, both in
terms of any costs they might incur to satisfy NAIS program
requirements and in terms of the benefits associated with the program's
establishment. Beef and hog producers are among the small entities
potentially affected by this interim rule.
According to Small Business Administration (SBA) guidelines, beef
producers with $750,000 or less in annual receipts are considered small
businesses. Based on the guidelines, producers with fewer than 1,200
head of cattle would likely be considered small producers. For the
period of January to April 2004, the average head of cattle weighed
approximately 700 pounds. The 2003 annual market price for live choice
steers was $84.69 per hundredweight (cwt). The average price per cwt,
$84.69, times the average weight, 7 cwt, gives an average price per
head of $592.83. At that price, 1,265
[[Page 64648]]
head of cattle would be needed to reach the $750,000 threshold.\1\ In
2003, 60 percent of U.S. cattle producers had fewer than 50 head, and
99 percent had fewer than 1,000 head.
---------------------------------------------------------------------------
\1\ Source: Economic Research Service (ERS) Livestock, Dairy,
and Poultry Outlook, April 27, 2004.
---------------------------------------------------------------------------
According to SBA guidelines, hog producers with $750,000 or less in
annual receipts are considered small businesses. In the first quarter
of 2004, hogs were priced at $44.18 per hundredweight (cwt). There is a
6-month production cycle for hogs. Assuming an average hog weight of
200 pounds, the average price per head is $88.36; therefore, each
production unit could generate $176.72 times the current inventory per
year. Producers with fewer than 4,000 head of hogs ($750,000 divided by
$176.72 equals 4,244 hogs) would likely be considered small according
to the SBA guidelines.\2\ In 2003, 40 percent of hog producers had
fewer than 99 head, and 57 percent had fewer than 500 head.
---------------------------------------------------------------------------
\2\ Source: ERS Livestock, Dairy, and Poultry Outlook, April 27,
2004.
---------------------------------------------------------------------------
We expect that the benefits of more effective disease control will
outweigh any costs to producers that may result from their
participation in the NAIS. Because participation is voluntary, small
entities could opt out of the program if they found that the costs
outweighed the benefits. The benefit of this rule is the provision of
greater flexibility in official animal and premises identification. As
use of this numbering system is voluntary, no costs are imposed on
participants and it is unlikely for this interim rule to have any
adverse impact on small businesses.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are in conflict with this rule; (2) has no retroactive
effect; and (3) does not require administrative proceedings before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects
9 CFR Part 71
Animal diseases, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements, Transportation.
9 CFR Part 77
Animal diseases, Bison, Cattle, Reporting and recordkeeping
requirements, Transportation, Tuberculosis.
9 CFR Part 78
Animal diseases, Bison, Cattle, Hogs, Quarantine, Reporting and
recordkeeping requirements, Transportation.
9 CFR Part 79
Animal diseases, Quarantine, Sheep, Transportation.
9 CFR Part 80
Animal diseases, Livestock, Transportation.
9 CFR Part 85
Animal diseases, Livestock, Quarantine, Reporting and recordkeeping
requirements, Transportation.
9 CFR Part 93
Animal diseases, Imports, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements.
0
Accordingly, we are amending 9 CFR parts 71, 77, 78, 79, 80, 85, and 93
as follows:
PART 71--GENERAL PROVISIONS
0
1. The authority citation for part 71 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
0
2. Section 71.1 is amended by revising the definitions of official
eartag, premises identification number, and United States Department of
Agriculture backtag; and adding, in alphabetical order, definitions of
animal identification number (AIN), group/lot identification number
(GIN), and official identification device or method to read as follows:
Sec. 71.1 Definitions.
* * * * *
Animal identification number (AIN). A numbering system for the
official identification of individual animals in the United States. The
AIN contains 15 digits, with the first 3 being the country code (840
for the United States), the alpha characters USA, or the numeric code
assigned to the manufacturer of the identification device by the
International Committee on Animal Recording.
* * * * *
Group/lot identification number (GIN). The identification number
used to uniquely identify a ``unit of animals'' of the same species
that is managed together as one group throughout the preharvest
production chain. The GIN consists of a seven-character premises
identification number (PIN), as defined in this section, and a six-
digit representation of the date on which the group or lot of animals
was assembled (MM/DD/YY).
* * * * *
Official eartag. An identification tag providing unique
identification for individual animals. An official eartag must bear the
U.S. shield. The design, size, shape, color, and other characteristics
of the official eartag will depend on the needs of the users. The
official eartag must be tamper-resistant and have a high retention rate
in the animal. Official eartags must adhere to one of the following
numbering systems:
(1) National Uniform Eartagging System.
(2) Animal identification number (AIN).
(3) Premises-based number system. The premises-based number system
combines an official premises identification number (PIN), as defined
in this section, with a producer's livestock production numbering
system to provide a unique identification number. The PIN and the
production number must both appear on the official tag.
(4) Any other numbering system approved by the Administrator for
the identification of animals in commerce.
Official identification device or method. A means of officially
identifying an animal or group of animals using devices or methods
approved by the Administrator, including, but not limited to, official
tags, tattoos, and registered brands when accompanied by a certificate
of inspection from a recognized brand inspection authority.
* * * * *
Premises identification number (PIN). A unique number assigned by a
State or
[[Page 64649]]
Federal animal health authority to a premises that is, in the judgment
of the State or Federal animal health authority, a geographically
distinct location from other livestock production units. The premises
identification number is associated with an address or legal land
description and may be used in conjunction with a producer's own
livestock production numbering system to provide a unique
identification number for an animal. It may also be used as a component
of a group/lot identification number (GIN). The premises identification
number may consist of:
(1) The State's two-letter postal abbreviation followed by the
premises' assigned number; or
(2) A seven-character alphanumeric code, with the right-most
character being a check digit. The check digit number is based upon the
ISO 7064 Mod 36/37 check digit algorithm.
* * * * *
United States Department of Agriculture backtag. A backtag issued
by APHIS that provides unique identification for each animal.
0
3. In Sec. 71.18, a new paragraph (b) is added to read as follows:
Sec. 71.18 Individual identification of certain cattle 2 years of age
or over for movement in interstate commerce.
* * * * *
(b) In lieu of the backtags, eartags, and brands referred to in
this section, any other official identification device or method that
is approved by the Administrator may also be used.
0
4. Section 71.19 is amended as follows:
0
a. In paragraph (a)(1), in the introductory text, by removing the words
``(c) and (h)'' and adding the words ``(c) and (g)'' in their place.
0
b. In paragraph (b)(6), by removing the word ``and''.
0
c. In paragraph (b)(7), by removing the period at the end of the
paragraph and adding the word ``; and'' in its place.
0
d. By adding a new paragraph (b)(8) to read as set forth below.
0
e. By removing paragraph (g) and redesignating paragraphs (h) and (i)
as paragraphs (g) and (h), respectively.
Sec. 71.19 Identification of swine in interstate commerce.
* * * * *
(b) * * *
(8) Any other official identification device or method that is
approved by the Administrator.
* * * * *
0
5. A new Sec. 71.22 is added to read as follows:
Sec. 71.22 Removal and loss of official identification devices.
Official identification devices are intended to provide permanent
identification of livestock and to ensure the ability to find the
source of animal disease outbreaks. Removal of these devices is
prohibited except at the time of slaughter. If an official
identification device is lost, and it is necessary to retag an animal
with a new official number, every effort should be made to correlate
the new official number with the previous official number of the
animal.
PART 77--TUBERCULOSIS
0
6. The authority citation for part 77 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
0
7. Section 77.2 is amended by revising the definitions of official
eartag and premises of origin identification and adding definitions of
animal identification number (AIN) and premises identification number
(PIN) to read as follows:
Sec. 77.2 Definitions.
* * * * *
Animal identification number (AIN). A numbering system for the
official identification of individual animals in the United States. The
AIN contains 15 digits, with the first 3 being the country code (840
for the United States), the alpha characters USA, or the numeric code
assigned to the manufacturer of the identification device by the
International Committee on Animal Recording.
* * * * *
Official eartag. An identification tag providing unique
identification for individual animals. An official eartag must bear the
U.S. shield. The design, size, shape, color, and other characteristics
of the official eartag will depend on the needs of the users. The
official eartag must be tamper-resistant and have a high retention rate
in the animal. Official eartags must adhere to one of the following
numbering systems:
(1) National Uniform Eartagging System.
(2) Animal identification number (AIN).
(3) Premises-based number system. The premises-based number system
combines an official premises identification number (PIN), as defined
in this section, with a producer's livestock production numbering
system to provide a unique identification number. The PIN and the
production number must both appear on the official tag.
(4) Any other numbering system approved by the Administrator for
the identification of animals in commerce.
* * * * *
Premises identification number (PIN). A unique number assigned by a
State or Federal animal health authority to a premises that is, in the
judgment of the State or Federal animal health authority, a
geographically distinct location from other livestock production units.
The premises identification number is associated with an address or
legal land description and may be used in conjunction with a producer's
own livestock production numbering system to provide a unique
identification number for an animal. The premises identification number
may consist of:
(1) The State's two-letter postal abbreviation followed by the
premises' assigned number; or
(2) A seven-character alphanumeric code, with the right-most
character being a check digit. The check digit number is based upon the
ISO 7064 Mod 36/37 check digit algorithm.
Premises of origin identification. (1) An APHIS-approved eartag or
tattoo bearing a premises identification number (PIN), as defined in
this section;
(2) A name assigned by a State or Federal animal health authority
to the premises on which the animals originated that, in the judgment
of that State or Federal animal health authority, is a geographically
distinct location from other livestock production units; or
(3) A brand registered with an official brand registry.
* * * * *
PART 78--BRUCELLOSIS
0
8. The authority citation for part 78 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
0
9. Section 78.1 is amended by revising the definitions of official
eartag and United States Department of Agriculture backtag and adding
definitions of animal identification number (AIN) and official
identification device or method in alphabetical order to read as
follows:
Sec. 78.1 Definitions.
* * * * *
Animal identification number (AIN). A numbering system for the
official identification of individual animals in the United States. The
AIN contains 15 digits, with the first 3 being the country code (840
for the United States), the alpha characters USA, or the numeric code
assigned to the manufacturer of the identification device by the
[[Page 64650]]
International Committee on Animal Recording.
* * * * *
Official eartag. An identification tag providing unique
identification for individual animals. An official eartag must bear the
U.S. shield. The design, size, shape, color, and other characteristics
of the official eartag will depend on the needs of the users. The
official eartag must be tamper-resistant and have a high retention rate
in the animal. Official eartags must adhere to one of the following
numbering systems:
(a) National Uniform Eartagging System.
(b) Animal identification number (AIN).
(c) Premises-based number system. The premises-based number system
combines an official premises identification number (PIN), as defined
in Sec. 71.1 of this chapter, with a producer's livestock production
numbering system to provide a unique identification number. The PIN and
the production number must both appear on the official tag.
(d) Any other numbering system approved by the Administrator for
the identification of animals in commerce.
Official identification device or method. A means of officially
identifying an animal or group of animals using devices or methods
approved by the Administrator, including, but not limited to, official
tags, tattoos, and registered brands when accompanied by a certificate
of inspection from a recognized brand inspection authority.
* * * * *
United States Department of Agriculture backtag. A backtag issued
by APHIS that provides unique identification for each animal.
* * * * *
Sec. 78.14 [Amended]
0
10. In Sec. 78.14, paragraph (a)(2) is amended by adding the words
``or any other official identification device or method approved by the
Administrator'' after the word ``eartag''.
PART 79--SCRAPIE IN SHEEP AND GOATS
0
11. The authority citation for part 79 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
0
12. Section 79.1 is amended by adding, in alphabetical order,
definitions of official identification device or method and premises
identification number (PIN) and revising the definition of premises
identification to read as follows:
Sec. 79.1 Definitions.
* * * * *
Official identification device or method. A means of officially
identifying an animal or group of animals using devices or methods
approved by the Administrator, including, but not limited to, official
tags, tattoos, and registered brands when accompanied by a certificate
of inspection from a recognized brand inspection authority.
* * * * *
Premises identification. An APHIS approved eartag, backtag, or
legible tattoo bearing the premises identification number, as defined
in this section, or a flock identification number, or a legible
permanent brand or ear notch pattern registered with an official brand
registry. Premises identification may be used when official individual
animal identification is required, if the premises identification
method either includes a unique animal number or is used in conjunction
with the producer's livestock production numbering system to provide a
unique identification number and where, if brands or ear notches are
used, the animals are accompanied by an official brand inspection
certificate. Clearly visible and/or legible paint brands may be used on
animals moving directly to slaughter and on animals moving for grazing
or other management purposes without change in ownership.
Premises identification number (PIN). A unique number assigned by a
State or Federal animal health authority to a premises that is, in the
judgment of the State or Federal animal health authority, a
geographically distinct location from other livestock production units.
The premises identification number is associated with an address or
legal land description and may be used in conjunction with a producer's
own livestock production numbering system to provide a unique
identification number for an animal. The premises identification number
may consist of:
(1) The State's two-letter postal abbreviation followed by the
premises' assigned number; or
(2) A seven-character alphanumeric code, with the right-most
character being a check digit. The check digit number is based upon the
ISO 7064 Mod 36/37 check digit algorithm.
* * * * *
0
13. Section 79.2 is amended as follows:
0
a. In paragraph (a)(2)(v), by removing the word ``or'' at the end of
the paragraph.
0
b. In paragraph (a)(2)(vi), by removing the period at the end of the
paragraph and adding the word ``; or'' in its place.
0
c. By adding a new paragraph (a)(2)(vii) to read as set forth below:
Sec. 79.2 Identification of sheep and goats in interstate commerce.
(a) * * *
(2) * * *
(vii) Any other official identification method or device approved
by the Administrator.
* * * * *
PART 80--JOHNE'S DISEASE IN DOMESTIC ANIMALS
0
14. The authority citation for part 80 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
0
15. Section 80.1 is amended by removing the definitions of premises
identification number; revising the definitions of official eartag and
premises identification number; and adding, in alphabetical order,
definition of animal identification number (AIN) to read as follows:
Sec. 80.1 Definitions.
* * * * *
Animal identification number (AIN). A numbering system for the
official identification of individual animals in the United States. The
AIN contains 15 digits, with the first 3 being the country code (840
for the United States), the alpha characters USA, or the numeric code
assigned to the manufacturer of the identification device by the
International Committee on Animal Recording.
* * * * *
Official eartag. An identification tag providing unique
identification for individual animals. An official eartag must bear the
U.S. shield. The design, size, shape, color, and other characteristics
of the official eartag will depend on the needs of the users. The
official eartag must be tamper-resistant and have a high retention rate
in the animal. Official eartags must adhere to one of the following
numbering systems:
(1) National Uniform Eartagging System.
(2) Animal identification number (AIN).
(3) Premises-based number system. The premises-based number system
combines an official premises identification number (PIN), as defined
in this section, with a producer's livestock production numbering
system to provide a unique identification number. The PIN and the
production number must both appear on the official tag.
[[Page 64651]]
(4) Any other numbering system approved by the Administrator for
the identification of animals in commerce.
* * * * *
Premises identification number (PIN). A unique number assigned by a
State or Federal animal health authority to a premises that is, in the
judgment of the State or Federal animal health authority, a
geographically distinct location from other livestock production units.
The premises identification number is associated with an address or
legal land description and may be used in conjunction with a producer's
own livestock production numbering system to provide a unique
identification number for an animal. The premises identification number
may consist of:
(1) The State's two-letter postal abbreviation followed by the
premises' assigned number; or
(2) A seven-character alphanumeric code, with the right-most
character being a check digit. The check digit number is based upon the
ISO 7064 Mod 36/37 check digit algorithm.
* * * * *
PART 85--PSEUDORABIES
0
16. The authority citation for part 85 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
Sec. 85.7 [Amended]
0
17. In Sec. 85.7, paragraphs (b)(3)(i), (b)(3)(ii), and (c)(1) are
amended by removing the citation ``Sec. 71.19(h)'' and adding the
citation ``Sec. 71.19(g)'' in its place.
Sec. 85.8 [Amended]
0
18. In Sec. 85.8, paragraph (a)(4) is amended by removing the citation
``Sec. 71.19(h)'' and adding the citation ``Sec. 71.19(g)'' in its
place.
PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS
OF CONVEYANCE AND SHIPPING CONTAINERS
0
19. The authority citation for part 93 continues to read as follows:
Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a;
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.
0
20. Section 93.400 is amended by adding, in alphabetical order, a
definition of official identification device or method to read as
follows:
Sec. 93.400 Definitions.
* * * * *
Official identification device or method. A means of officially
identifying an animal or group of animals using devices or methods
approved by the Administrator, including, but not limited to, official
tags, tattoos, and registered brands when accompanied by a certificate
of inspection from a recognized brand inspection authority.
* * * * *
0
21. Section 93.401 is amended by adding a new paragraph (c) to read as
follows:
Sec. 93.401 General prohibitions; exceptions.
* * * * *
(c) Removal and loss of official identification devices. Official
identification devices are intended to provide permanent identification
of livestock and to ensure the ability to find the source of animal
disease outbreaks. Removal of these devices is prohibited except at the
time of slaughter. If an official identification device is lost, and it
is necessary to retag an animal with a new official number, every
effort should be made to correlate the new official number with the
previous official number of the animal.
0
22. Section 93.500 is amended by adding, in alphabetical order, a
definition of official identification device or method to read as
follows:
Sec. 93.500 Definitions.
* * * * *
Official identification device or method. A means of officially
identifying an animal or group of animals using devices or methods
approved by the Administrator, including, but not limited to, official
tags, tattoos, and registered brands when accompanied by a certificate
of inspection from a recognized brand inspection authority.
* * * * *
0
23. Section 93.501 is amended by adding a new paragraph (c) to read as
follows:
Sec. 93.501 General prohibitions; exceptions.
* * * * *
(c) Removal and loss of official identification devices. Official
identification devices are intended to provide permanent identification
of livestock and to ensure the ability to find the source of animal
disease outbreaks. Removal of these devices is prohibited except at the
time of slaughter. If an official identification device is lost and it
is necessary to retag an animal with a new official number, every
effort should be made to correlate the new official number with the
previous official number of the animal.
Done in Washington, DC, this 2nd day of November 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-24828 Filed 11-5-04; 8:45 am]
BILLING CODE 3410-34-P
Animal Identification Numbers- Resellers, manufactures
The rules and regulations set forth by the USDA
Read the documents
click here to download AIN file
The Netherlands has had chipping for awhile now, want to see what chipping has done to some of their Equines. Remember this.
ALL LIABILTY for CHIPPING is YOUR RESPONSIBLITY!
No Mis-Information, No Half Truths, Just Facts Taken from the USDA National Animal Identification
System Draft Strategic Plan 2005-2009
Animals will be identified either individually with a unique, Animal Identification Number
(AIN) or if they are managed and moved through the production chain as a group, with a Group/Lot Identification Number (Group/Lot
ID). AIN with Leading "840"
Serious questions you need to ask and demand answers to:
1: Does the U.S. animal Identificaiton Number attached to my animal restrict my ownership of
that animal?
2: When I attach a tag or RFID-chip with the U.S. Animal Identification Number to my animal, does
my animal become subject to the regulations of the U.S. Department of Agriculture?
"Incentives" are to be used in Animal tracking: -April 2007: Incentives
to report interstate movements using ICVI or electronic movement permit system. -October 2007: Infrastructure established
to collect animal termination records at high capacity abattoirs. -Initiate collection of animal movements at concentration
points (markets, feedlots, etc.). - Expand the integration of management systems to forward animal locations/sightings.
Unlawful to Remove Official ID: What would the fine be and what is the jail time?
|