1. (1) All milk for pasteurization, ultra-pasteurization, aseptic processing and packaging, or retort processed after packaging shall be from herds under a TB eradication program, which meets one (1) of the following conditions:

   1. (a) Areas which have modified accredited advanced TB status or higher as determined by the USDA; or

   2. (b) An area which fails to maintain such status:

      1. 1. Any herd shall have been accredited by USDA; or
      2. 2. Shall have passed an annual TB test; or

      3. 3. The area shall have established a TB testing protocol for livestock that assures TB protection and surveillance of the dairy industry within the area and that is approved by the FDA, the USDA and the Health Officer.

         Note: Under the Federal USDA Bovine TB Eradication Program, only cattle, bison, and captive cervids are covered under the USDA State TB status determination. Therefore, other hooved mammals (goats, sheep, water buffalo, camels, etc.) are not covered within the program and shall comply with one (1) of the options cited under 3 below.

2. (2) All milk for pasteurization, ultra-pasteurization, aseptic processing and packaging or retort processed after packaging shall be from herds under a brucellosis eradication program, which meets one (1) of the following conditions:

   1. (a) Located in a Certified Brucellosis-Free Area as defined by the USDA and enrolled in the testing program for such areas; or
   2. (b) Meet USDA requirements for a Certified Brucellosis-Free Herd; or

   3. (c) Participating in a milk ring testing program at least two (2) times per year at approximately one hundred eighty (180) day intervals and all herds with positive milk ring results shall have the entire herd blood tested within thirty (30) days from the date of the laboratory ring tests; or
      (d) Have an individual blood agglutination test on all cattle or bison six (6) months of age or older, except steers and spayed heifers, annually with an allowable maximum grace period not exceeding two (2) months.

      Note: Under the Federal USDA Bovine Brucellosis Eradication Program, only cattle and bison are covered under the USDA State brucellosis status determination. Therefore, cattle are the only dairy animal currently covered by both the Federal USDA brucellosis and TB programs. All other hooved mammals (goats, sheep, water buffalo, camels, etc.) are not covered within these programs and shall comply with one (1) of the options cited under (3) below.

3. (3) Goat, sheep, water buffalo, camel, or any other hooved mammal milk for pasteurization, ultra-pasteurization, aseptic processing and packaging, or retort processed after packaging, defined under this rule, shall be from a herd or flock that:

   1. (a) Has passed an annual whole herd or flock brucellosis and/or TB testing as recommended by the State Veterinarian or USDA Area Veterinarian in Charge (AVIC) using tests approved by USDA APHIS for the specific disease and species (blood testing for brucellosis and the caudal fold tuberculin test for TB); or
   2. (b) Has passed an initial whole herd brucellosis and/or TB testing, followed only by testing replacement animals or any animals entering the milking group or sold as dairy animals using tests approved by USDA APHIS for the specific disease and species (blood testing for brucellosis and the caudal fold tuberculin test for TB); or
   3. (c) Has passed an annual random individual animal brucellosis and/or TB testing program, using tests approved by USDA APHIS for the specific disease and species (blood testing for brucellosis and the caudal fold tuberculin test for TB), sufficient to provide a confidence level of 99 percent with a P value of 0.05. Any herd or flock with one (1) or more confirmed positive animals shall go to 100 percent testing until the whole herd tests show no positive animals are found; or
   4. (d) Has passed a USDA APHIS approved bulk milk test for the specific disease and species, at USDA APHIS recommended frequency, with an implementation date based on the availability of the bulk milk test once USDA APHIS has approved such a test for the specific disease and species (The brucellosis ring test is USDA APHIS approved for the bovine species and is not suitable for most non-bovine species.); or
   5. (e) Is determined to be free of brucellosis and/or TB as provided by the development and implementation of a state administered brucellosis-free and/or TB-free herd certification program involving a documented surveillance program, which includes records supporting the tests required in this section, and an official annual written certification from the State Veterinarian documenting their brucellosis-free and/or TB-free status. The surveillance program shall be documented and the official annual written state brucellosis-free and/or TB-free certification shall be retained on file with the State Health Officer. This official annual written state brucellosis-free and/or TB-free certification shall include a current list of Grade “A” non-cattle dairy herds and/or flocks (goats, sheep, water buffalo, camels, etc.) that are covered within the documented surveillance program and contained within the official annual written state brucellosis-free and/or TB-free certification (refer to the Note: on page 35).

   6. (f) The following table will provide the random sampling size needed to achieve 99 percent confidence with a P value of 0.05:

      Herd/Flock Size	Sampling Size	Herd/Flock Size	Sampling Size
      20	20	500	82
      50	41	600	83
      100	59	700	84
      150	67	800	85
      200	72	1000	86
      250	75	1400	87
      300	77	1800	88
      350	79	4000	89
      400	80	10000	89
      450	81	100000	90

   7. (g) For diseases other than brucellosis and TB, the Health Officer shall require such physical, chemical, or bacteriological tests as he/she deems necessary. The diagnosis of other diseases in dairy animals shall be based upon the findings of a licensed and accredited veterinarian or an accredited veterinarian in the employ of an official agency. Any diseased animal disclosed by such test(s) shall be disposed of as the Health Officer directs.

   8. (h) Records supporting the tests required in this section shall be available to the Health Officer and be validated with the signature of a licensed and accredited veterinarian or an accredited veterinarian in the employ of an official agency.

      Note: For the ICP, references to USDA and/or state in Items (a) through (e) above shall mean the government agency responsible for animal disease control in the country or region of that country. The term “accredited veterinarian” shall mean an individual veterinarian authorized for those activities in said country or region of that country.

4. (4) Public Health Reason

   1. (a) The health of the animal is a very important consideration because a number of diseases of cattle, including TB, brucellosis, Q-fever, salmonellosis, staphylococcic infection, and streptococcic infection may be transmitted to man through the medium of milk. The organisms of most of these diseases may get into the milk either directly from the udder or indirectly through infected body discharges which may drop, splash, or be blown into the milk.
   2. (b) The great reduction in the incidence of bovine TB in man indicates that the practice of good sanitation in animal husbandry, the testing of cattle and removal of the reactors from the herds, and the pasteurization of milk have been effective in the control of this disease. The reservoir of bovine TB still exists, however, constant vigilance against this disease must be continued by industry and health agencies.

5. (5) Administrative Procedures - This item is deemed to be satisfied when:

   1. (a) Bovine Tuberculosis - All tuberculin tests and retests shall be made and any reactors disposed of, in accordance with the current edition of Uniform Methods and Rules; Bovine TB Eradication, Uniform Methods and Rules for Establishment and Maintenance of TB-Free Accredited Herds of Cattle, Modified Accredited Areas and Areas Accredited Free of Bovine TB in the Domestic Bovine, as published by the USDA at the time of the adoption of these rules. For TB test purposes, the herd is defined as all adult cattle twenty-four (24) months of age and over, including any commingled beef animals. Dairy cattle less than two (2) years of age and already milking shall be included in the herd test. A letter or other official correspondence attesting to the accreditation status of the locality in which the herd is located, including the date of accreditation, or a certificate identifying the animals tested, the date of injection, the date of reading of the test, and the results of the test signed by a USDA accredited veterinarian shall be evidence of compliance with the above requirements and shall be filed with the Health Officer (see Appendix A).

      Note: For the ICP, an official letter or other official correspondence attesting to the accreditation status of the locality in which the herd is located, including the date of accreditation or recertification or certificate identifying the animals tested, the date of injection, the date of the reading of the test, and the results of the test signed by the county’s veterinary services shall be provided as directed by the TPC.

   2. (b) Bovine Brucellosis - All brucellosis tests, retests, disposal of reactors, vaccination of calves, and certification of herds and areas shall be in accordance with the current edition of Brucellosis Eradication Recommended Uniform Methods and Rules, as published by the USDA. All reactors disclosed on blood agglutination tests shall be separated immediately from the milking herd; the milk of these reactors shall not be used for human consumption.

   3. (c) A certificate identifying each animal, signed by the veterinarian and the director of the laboratory making the test, shall be filed as directed by the Health Officer.

      Provided, that in the event the herd is subject to the milk ring test, the record shall be required to show only the date and results of such test. Within thirty (30) days following the expiration of an official milk ring testing program or in the case of a herd subject to annual blood tests, thirteen

6. (13) months following the last annual blood tests, the Health Officer shall notify the herd owner or operator of the necessity to comply with the brucellosis requirements. The failure of the herd owner or operator to comply with the brucellosis requirements within thirty (30) days of written notice shall result in immediate suspension of the permit (See Appendix A).

   1. (d) Other Diseases - Cows which show a complete induration of one quarter or extensive induration in one or more quarters of the udder upon physical examination, whether secreting abnormal or not shall be permanently excluded from the milking herd; provided this shall not apply in the case of a quarter that is completely dry. Lactating animals giving bloody, stringy, or otherwise abnormal milk based on bacteriological, chemical, or physical examination, but without entire or extensive induration of the udder, shall be excluded from the herd until re-examination shows that the milk has become normal. For other diseases such tests and examinations as the Health Officer may require shall be made at intervals and by methods prescribed by him or the Alabama State Veterinarian, and any diseased or dead animals or reactors shall be disposed of as either may require.

   Note: For the ICP, a certificate identifying each animal signed by the country’s veterinary services and director of the laboratory conducting the testing shall be provided as directed by the TPC.

Author: G. M. Gallaspy, Jr.

Statutory Authority: Code of Ala. 1975, §§22-2-2, 22-20-7.

History: Repealed and New Rule: Filed October 18, 2018; effective December 2, 2018.