LSA #25-279: Rule amendments

a. History and Background of the Rule – On May 9, 2024 the United States Department of Agriculture – Animal and Plant Health Inspection Service (USDA-APHIS) published a final rule that makes changes to federal animal disease traceability regulations. 9 CFR Parts 71, 77, 78, and 86. The most significant change is to require that eartags applied to cattle and bison be both visually and electronically readable to be recognized as official eartags for interstate movement. The final rule also amends several definitions, adds recordkeeping requirements for individuals distributing official eartags, and clarifies how cattle and bison may be moved from a slaughter establishment in a manner that remains within slaughter channels. The last major update to the rule occurred in 2014, which similarly occurred to keep Indiana’s requirements consistent with federal law (LSA #14-57).

b. Scope of the Rule – The proposed rule will amend the BOAH Official Forms rule to align the requirements for a certificate of veterinary inspection (CVI) with the federal regulations at 9 CFR 86.1. It amends the BOAH Animal Identification rule to require official eartags for cattle and bison to be readable both visually and electronically. It also requires a person who distributes official identification devices to enter the records into an approved database. It requires that records of official identification applied to animals by accredited veterinarians, licensed livestock markets, or licensed livestock dealers be kept in a readily accessible record system and sets forth standards for the board to access the records.

It amends the BOAH Animal Movement rule to align certain definitions with the recent changes to the federal regulations at 9 CFR 86.1. It also amends requirements for cattle to move into the state, or intrastate, from a slaughter establishment in a manner that is considered within slaughter channels in the federal regulations at 9 CFR 86.4 and 9 CFR 86.5. It amends the BOAH Reportable Disease rule to require a laboratory to report a positive diagnosis of highly pathogenic avian influenza (HPAI) for all species.

The rule amends the BOAH Chronic Wasting Disease (CWD) rule to allow an 840 microchip as official ID for reindeer in the USDA chronic wasting diseases herd certification program. An 840 microchip is a 15-digit microchip that begins with the prefix 8-4-0, which is the county code for the US. Only USDA approved companies are granted permission to produce these microchips.

It amends the BOAH Johne’s Disease rule to align the individuals authorized to collect samples for Johne’s disease in cattle with the applicable USDA standards. The rule repeals 345 IAC 2.5-5-3 within the Tuberculosis Control in Cervidae rule to remove the tuberculosis testing requirement for intrastate movement of cervids. It amends the National Poultry Improvement plan (NPIP) rule to update the incorporation by reference of the USDA NPIP regulations. It amends the Scrapie rule to clarify that the identification requirement for wethers moving to an exhibition also applies to animals moving into the state.

The rule also makes changes to the Commercial Dog Breeder and Broker (CBB) rule to align with changes to state law in the 2024 legislative session,¹

c. Statement of Need – If the BOAH does not proceed with this proposed rule, it will have negative consequences for the regulated community.

The proposed rule is necessary to implement a federal mandate. The state must ensure that its identification and documentation requirements for movement of livestock and poultry into the state align with the federal rule at 9 CFR Part 86.  Indiana's livestock and poultry producers rely on the BOAH to ensure that all identification and documentation requirements align with federal standards. If the requirements are inconsistent with these standards, it may jeopardize their ability to move their animals in commerce interstate or internationally. The BOAH's traceability program is subject to periodic tests by USDA-APHIS to ensure that the staff can quickly trace an animal's movements to demonstrate the state's ability to contain a disease of concern to animal or human health.

If the appropriate intrastate identification and documentation requirements are not in place, it compromises the ability to successfully complete a trace investigation in accordance with federal standards. The requirement for cattle to bear electronic tags is critical to the national effort to ensure a speed of data retrieval that allows states to efficiently complete a trace investigation. The BOAH and their counterparts in other impacted states can better identify animals that may have come in contact with an affected animal, implement mitigation strategies, and thereby minimize the economic impact of outbreaks to the industry. The rapid tracing afforded by electronic identification (EID) helps states demonstrate  freedom from a high consequence disease and disposition of all infected and exposed animals, which is critical to keep Indiana animals and animal products entering commerce.

The rule makes a series of changes to align Indiana’s animal health requirements with federal law. It changes the reportable disease rule at 345 IAC 1-6 to make HPAI a reportable disease for all species as required by a recent federal order issued by USDA-APHIS. The addition of a microchip as official ID for reindeer will align Indiana the federal regulations at 9 CFR 81.2. The change to the sample collection standards for the Johne’s disease program will align with the federal regulations at 9 CFR 80. The rule will repeal the intrastate tuberculosis testing requirement for cervids which is a state requirement that is not required by federal law. Finally, the rule will update the poultry article to incorporate the most recent version of the NPIP regulations at 9 CFR 145 through 9 CFR 147.

d. Statutory Authority for the Proposed Rule –  The BOAH is responsible under state law to control the movement of animals into or within the state and develop programs for the  identification of animals to facilitate the prevention of disease. The board may implement programs for designating disease-free animals, herds, or flocks. The BOAH may cooperate with the USDA to prevent, detect, control, and eradicate diseases and pests of animals and adopt, in whole or in part, federal regulations that are necessary in fulfilling the board's duties under IC 15-17. To carry out these duties, it is critical that the board periodically update its rules to ensure that they align with federal standards and incorporate the latest technologies. The board has specific authority to adopt rules that are reasonable and necessary to discharge the duties imposed on the board by law and to implement the Animal Health and Animal Products article. IC 15-17-3-13. IC 15-17-3-21.

e. Fees, Fines, and Civil Penalties – The rule does not add or increases any fees, fines, or civil penalties that would require the additional steps in IC 4-22-2-19.6.

General Counsel

Indiana State Board of Animal Health

1202 East 38th Street, Discovery Hall, Suite 100

Indianapolis, IN 46205

https://iar.iga.in.gov/register/20250604-IR-345250279FNA#:~:text=COMMENT%20PERIOD%20DEADLINE,July%204%2C%202025.

Indiana State Board of Animal Health

1202 E 38th Street

Discovery Hall, Suite 100

Indianapolis, IN 46205

sasimpson@boah.in.gov