DEPARTMENT OF AGRICULTURE

Division of Poultry and Animal Health

Statutory Authority: 3 Delaware Code, Section 407(a) (3 Del.C. §407(a))

FINAL

ORDER

Pursuant to Title 3, Chapter 71 of the Delaware Code, the Delaware Department of Agriculture has proposed regulations for the prevention and control of Scrapie disease in sheep and goats in the State of Delaware. These will bring Delaware in line under federal regulation 9CFR 79.6, making Delaware a Scrapie Consistent State.

A public notice of the regulations was posted in the March 1, 2006 Register of Regulations and for two consecutive weeks in the Delaware Business Review and Delaware State News. Written comments were requested.

A public hearing was held at the Delaware Department of Agriculture, 2320 South DuPont Highway, Dover, DE 19901 on March 30, 2006 at 1:30 pm. The regulations were presented by G. Robert Moore, of the Delaware Department of Agriculture. No verbal or written comments were presented. The hearing was recorded.

The effective date of the implementation of these regulations will be ten (10) days from the publication of these regulations in the Register of Regulations.

IT IS SO ORDERED this 3rd day of May, 2006.

Robert L. Ricker, Acting State Veterinarian

Michael T. Scuse, Secretary of Agriculture

902 Scrapie Regulations

1.0 Purpose

Delaware Department of Agriculture Scrapie Disease Regulations to qualify the State of Delaware as a Scrapie Consistent State under 9CFR 79.6

2.0 Authority

Title 3, Chapter 71 of the Delaware Code:

The Delaware Department of Agriculture shall protect the health of the domestic animals of the State, and determine and employ the most efficient and practical means for detection, prevention, suppression, control, or eradication of dangerous, contagious or infectious diseases among domestic animals, to include a blood test and injection test for the determination of the existence of any contagious or infectious disease. For these purposes it may establish, maintain, enforce, and regulate such quarantine and other measures relating to the movement and care of animals and their products, the disinfection of suspected localities and articles and the destruction of animals, as it deems necessary, and may adopt from time to time all such regulations as are necessary and proper for carrying out the purposes of this chapter and Chapter 73 of this title. In the case of a contagious disease, the Department or its authorized agents may put under quarantine the entire herd containing the suspected or diseased animal or animals.

3.0 Definitions:

Animal” means a sheep or goat.

CVI” is a Certificate of Veterinary Inspection.

Department” means the Delaware Department of Agriculture.

Designated Scrapie Epidemiologist” means a state or federal veterinarian with knowledge of scrapie epidemiology selected to coordinate and evaluate the scrapie eradication program.

High Risk Animal” means any genetically susceptible exposed animal; female offspring of a scrapie positive animal and any female that poses a risk based on the epidemiology of the flock.

Low Risk Goat” is a goat that is not scrapie positive, not suspect, not high risk, not exposed, or commingled with sheep; and from an area flock with no history of scrapie.

Official [Scrapie] Identification” is an identification mark or device approved by the USDA and the Department; this may be eartag, tattoo, brand, or microchip. When a registration tattoo is used for identification, the registration paper must accompany the animal.

Scrapie Exposed” is any animal that has been with a scrapie positive female animal or resided in an infected source flock.

Scrapie Positive Animal” is an animal for which a diagnosis of scrapie has been made by a laboratory approved by the Department and the USDA.

Scrapie Suspect Animal” is a sheep or goat suspected of having scrapie by an accredited veterinarian or a Department or USDA, APHIS, VS representative.

4.0 Scrapie [Import Requirements] for Sheep and Goats.

4.1 All animals [imported to Delaware] must be identified on an official certificate of veterinary inspection (CVI) issued by an accredited veterinarian; the certificate shall include a statement that “this flock has been inspected and found to be free of any infectious or contagious diseases and that there has been no cases of scrapie in this flock or herd during the past year”.

4.2 Delaware is included in the National Scrapie Eradication Program. All eligible animals must have an official scrapie identification.

4.3 The following animals are exempt from official scrapie identification:

4.3.1 Sheep and goat wethers.

4.3.2 Slaughter goats.

4.3.3 Slaughter goats under 18 months of age.

4.4 No sheep or goat may be removed from slaughter channels unless it is identified to the flock of birth and the animal is not scrapie-exposed or from an infected or source flock, and is from a scrapie consistent state.

4.5 An animal must have official scrapie identification upon transfer of ownership, when first commingling or interstate commerce occurs, or before joining with animals within the state but, from a different flock.

4.6 Scrapie is a reportable disease in the State of Delaware.

4.6.1 State animal health officials shall be notified, by the flock owner or veterinarian, within 24 hours when a clinically suspicious animal or test is found. State officials will notify the Area VS office of a suspicious animal.

4.6.2 When a clinical or test suspect, or test positive animal is found, the animal and entire flock will be placed under quarantine until the status of the animal is determined. The suspect animal(s) must be officially identified under the direction of a State or Federal representative. Owners must allow the collection and submission of tissues from all scrapie-suspect animals to a laboratory authorized by USDA, APHIS, VS to conduct scrapie tests. If the suspect animal is euthanized, after diagnostic tissues are collected, the carcass must be completely destroyed under the supervision of State or Federal officials.

9 DE Reg. 1952 (06/01/06)(Final)