SECTION 35:15-45-1. Definitions


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  •   The following words or terms when used in this Subchapter shall have the following meaning unless the context clearly indicates otherwise.
    "Accredited veterinarian" means a veterinarian licensed by the Oklahoma Board of Veterinary Medical Samplers and approved by the Deputy Administrator of Veterinary Services (VS), Animal and Plant Health Inspection Service (APHIS), United States Department of Agriculture (USDA), in accordance with provisions of Title 9, Code of Federal Regulations (CFR), Part 161, to perform certain functions of Federal and cooperative State-Federal animal disease control programs.
    "Adjacent herd" means a herd of Cervidae, cattle, bison, and/or other hoofed livestock susceptible to Brucella occupying a premises that borders or is within at least one (1) mile of an affected herd, including herds separated by roads or streams, prominent geographical features, or occupying a premises that was previously occupied by an affected herd within a period of time determined by the designated brucellosis epidemiologist.
    "Affected herd" means a herd in which any animal has been classified as a brucellosis reactor and which has not completed the required tests prescribed by this Subchapter for release from quarantine.
    "Animals" means Cervidae, cattle, bison or other hoofed livestock that are susceptible to Brucella.
    "Approved laboratory" means a State or Federal veterinary diagnostic laboratory for brucellosis testing that must be approved by USDA, APHIS, VS, and the State animal health official.
    "Approved quarantine facility" means a confined facility that is designated to control the movement of free-roaming cattle, bison, or Cervidae until such time as each animal held in the facility has been determined by the designated brucellosis epidemiologist to be free of brucellosis or has been moved to slaughter.
    "Area Veterinarian in Charge (AVIC)" means the official of VS, APHIS, USDA, who is assigned by the VS Deputy Administrator to supervise and perform the official animal health work of APHIS in the State.
    "Authorized agent" means the State animal health official or any person designated as an authorized agent by the Oklahoma Board of Agriculture.
    "Brucellosis" means an infectious disease of animals and humans caused by bacteria of the genus Brucella.
    "Brucellosis-exposed animals" means animals, other than reactors, that are either part of an affected herd, or for which an epidemiological investigation indicates contact with brucellosis reactors.
    "Brucellosis-Monitored cervid herd" means a herd raised under range conditions in which sufficient numbers of sexually intact animals of test-eligible age and older have been tested to provide a 95-percent probability of detecting a 2-percent brucellosis prevalence in the herd.
    "Brucellosis-negative animal" means an animal for which laboratory test results fail to disclose evidence of Brucella infection.
    "Brucellosis reactor" means an animal diagnosed as infected with Brucella based on laboratory results, clinical signs, and/or epidemiological investigation.
    "Brucellosis suspect" means an animal for which laboratory test results are inconclusive but suggest Brucella infection.
    "Certificate" means an official document issued by a State or Federal animal health official or an accredited veterinarian at the point of origin of an animal movement. It provides information on the individual identification of the animals, the number of animals covered by the document, test results, the purpose of the movement, the points of origin and destination, the consignor and the consignee.
    "Certified Brucellosis-Free cervid herd" means a herd of Cervidae that has qualified for and has been issued a Certified Brucellosis-Free cervid herd certificate signed by both the State animal health official and the APHIS AVIC.
    "Cervidae" means deer, elk, moose, caribou and related species in the Cervidae family, raised under confinement or agricultural conditions for the production of meat, agricultural products, for sport or exhibition, and free-ranging Cervidae when captured for any purpose.
    "Cervid herd" means a herd that contains one or more animals of any cervid species.
    "Cervid surveillance identification (CSI) program" means a brucellosis surveillance program requiring proper identification and blood testing of test-eligible animals moving intrastate, to auction markets, or to slaughter.
    "Chief Staff Veterinarian, National Animal Health Programs" means the veterinarian in VS, APHIS, USDA, who is responsible for staff and field support of Federal activities associated with the Cooperative State-Federal Cervid Brucellosis Program.
    "Cooperative State-Federal cervid brucellosis program" means the Brucellosis Program or simply the Program, administered under a memorandum of understanding between the Oklahoma Department of Agriculture (ODA) and USDA. This Program includes all of the activities associated with detecting, controlling and eliminating brucellosis from Cervidae in the United States. The minimum standards for operating a Cooperative State-Federal Cervidae Brucellosis Eradication Program within Oklahoma are contained in this Subchapter and the APHIS publication (91-45-12), "Brucellosis in Cervidae: Uniform Methods and Rules" (UM&R), as amended.
    "Designated brucellosis epidemiologist" means a State or Federal veterinarian who has demonstrated the knowledge and ability to perform the functions required under this Subchapter and the UM&R and who has been selected by the State animal health official and the APHIS AVIC. The VS regional brucellosis epidemiologist and the VS national brucellosis epidemiologist of the National Animal Health Programs staff must also concur with the selection before the individual is approved.
    "Deputy Administrator" means the Deputy Administrator of VS, APHIS, USDA, or any other VS official to whom appropriate authority has been delegated.
    "Herd" means a group of animals maintained on common ground or a group of animals geographically separated but under common ownership or supervision. It will be assumed that contact between animals has occurred unless the owner establishes otherwise and the results of the epidemiological investigation are consistent with the lack of contact between premises.
    "Herd test" means an official brucellosis blood test of all test-eligible animals in a herd.
    "Herd of origin" means a herd, or any farm or other premises, where an animal was born or kept for at least four (4) months before shipping. For the purposes of this Subchapter, herd of origin has the same meaning as place of origin, premises of origin and farm of origin.
    "Individual herd plan" means a herd-management and testing agreement designed by the herd owner, the owner's veterinarian if requested, and a State or Federal veterinarian, to identify and eradicate brucellosis from an affected, adjacent or epidemiologically traced herd.
    "Natural additions" means animals born and raised in a herd.
    "Official cervid identification" means a VS-approved eartag or other VS-approved identification device that conforms to the alphanumeric National Uniform Eartagging System and uniquely and permanently identifies the animal. All official identification is to be placed in the right ear unless otherwise specified by the State animal health official.
    "Official test" means any serologic or bacteriologic test, which is recognized by and listed in the USDA Uniform Methods and Rules of Brucellosis in Cervidae and/or the Code of Federal Regulations (CFR). All tests must be confirmed in an official State-Federal laboratory to support the classification of Cervidae as brucellosis-negative, suspect or reactor.
    "Onsite test" means blood testing under field conditions to provisionally classify animals as brucellosis-negative, suspect or reactor. It may serve as a supplement to approved tests in classifying brucellosis suspects and reactors.
    "Permit" means an official document issued by a State or Federal animal health official or an accredited veterinarian for movement of reactor, suspect and exposed animals (does not include entry permits).
    "Quarantine" means a written notice or order issued by an authorized agent of the Oklahoma Board of Agriculture showing the boundaries of the area or premise affected, the animals restricted, and the conditions. No animals' held under quarantine may be moved or released until a written permit or quarantine release signed by an authorized agent has been executed.
    "State" means any State of the United States, the District of Columbia, Puerto Rico, The U.S. Virgin Islands or Guam.
    "State animal health official" means the State official responsible for animal disease control and eradication programs.
    "Test-eligible animal" means those animals meeting the age requirements for testing as described in the Brucellosis in Cervidae: Uniform Methods and Rules, as amended.
    "Traceback" means the process of identifying the herd of origin of CSI reactors, including herds that were sold for slaughter.
    "Veterinary Services (VS)" means the division of USDA's Animal and Plant Health Inspection Service that directs Federal animal health programs within the United States.
    "VS Regional Epidemiologist" means a Federal veterinarian with USDA, APHIS, VS, who is assigned to supervise the Program in all States within a VS region.
[Source: Added at 16 Ok Reg 2112, eff 6-25-99]