PURPOSE: Under section 277.100, RSMo, this rule outlines the basic duties and responsibilities of the veterinarian under contract with a licensed livestock market/sale or sale to inspect all livestock offered for sale.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material. The publication for Bovine Tuberculosis Eradication Uniform Methods and Rules, Effective January 22, 1999, can be accessed at www.aphis.usda.gov/vs/ disease_eradication.htm and Brucellosis in Cervidae: Uniform Methods and Rules, Effective September 30, 1998, can be accessed at the USDA government website at www:aphis.usda.gov/oa/pubs/umr.html.

1. (1) Assignment and Approval of Market/Sale Veterinarians.

   1. (A) All assignments, replacements and removals of licensed, accredited veterinarians as market/sale veterinarians must have prior approval of the state veterinarian.
   2. (B) Upon approval of the state veterinarian, the market/sale veterinarian must sign a Market/Sale Veterinarian Agreement form MO 350-0488 provided by the Missouri Department of Agriculture. This form states the veterinary responsibilities at livestock markets/sales. The licensee must also sign the form. The market/sale veterinarian shall keep one (1) copy of the agreement, the licensee one (1) copy and one (1) copy shall be forwarded to the state veterinarian’s office.
   3. (C) Neglect of duty or misconduct by the market/sale veterinarian shall be cause for removal and replacement.
   4. (D) Failure of the licensee to aid the market/sale veterinarian in executing all laws and rules governing the sale and movement of livestock may result in removal of the license to conduct sales.

2. (2) Duties and Responsibilities of the Market/Sale Veterinarian. The market/sale veterinarian shall—

   1. (A) Complete training successfully and be qualified to run the Brucella Buffered Antigen (B.B.A.) Card Test and Concentration Immunoassay Technology (CITE) Test. Any veterinarian assistant or animal health technician who performs any testing at a livestock market/sale under the supervision of the market/sale veterinarian must also successfully complete training and be qualified to run the B.B.A. Card Test and CITE Test;
   2. (B) Inspect livestock markets/sales for cleanliness, good repair and proper disinfection of certain areas possibly contaminated by diseased livestock;
   3. (C) Blood test all test-eligible animals consigned to the market/sale;
   4. (D) Inspect all livestock visually and, if necessary, perform further diagnostic procedures to determine the health status. No livestock shall be released from a livestock market/sale by the market/sale veterinarian until the livestock have been handled, tested and treated as required by Animal Health laws and rules pertaining to the movement of livestock; and

   5. (E) Find any animal that is sick or suffering from a noninfectious disease either—

      1. 1. Returned to farm of origin with or

without a quarantine, depending on the seriousness of the disease or illness;

1. 2. Condemned, isolated and later

destroyed or properly disposed of; or

1. 3. Isolated and, if allowed to sell, an

announcement must be made at the time of sale about the problem the animal is suffering (for example, bloat, cancer eye, foot rot).

1. (3) Required Vaccination and Testing of Bovine.

   1. (A) Animal Identification. No person shall remove or tamper with or cause the removal of or tampering with an official eartag or backtag or other identification device required to move animals interstate, intrastate or through a livestock market/sale.

   2. (B) Official Brucellosis Vaccination.

      1. 1. All heifers four through twelve (4–12)

months of age consigned to the market/sale from other than brucellosis Class Free or brucellosis Class A states shall be officially calfhood vaccinated (OCV) against brucellosis before release from the market/sale. The director of the Missouri Department of Agriculture may reinstate mandatory brucellosis calfhood vaccination at his/her discretion, or shall reinstate mandatory brucellosis calfhood vaccination if the number of brucellosis-affected quarantined herds is greater than forty (40) for a period of longer than four (4) consecutive months.

1. 2. All heifers imported from other than

brucellosis Class Free or brucellosis Class A states consigned to the market/sale that are twelve (12) months of age and over that are not OCV shall be either—

1. A. Spayed; or
2. B. “S”-branded and restricted to sell

to slaughter or to an approved quarantined feedlot.

1. 3. Nonvaccinated finished-fed heifers

may move through cattle market/sale channels directly to slaughter without being “S”- branded.

1. (C) Testing of Bovine for Brucellosis.

   1. 1. The market/sale veterinarian must

test all test-eligible animals (bulls, heifers and cows eighteen (18) months of age and over) for brucellosis. This includes animals consigned to slaughter and feedlots as well as those that might return to farms as breeding stock. All OCV dairy females under twenty (20) months of age and beef females under twenty-four (24) months of age are exempt from test if not parturient or post-parturient. A second exception may occur at markets/sales with enough volume of test-eligible slaughter cattle that have acquired an agreement with the state allowing release of untested slaughter cattle in a sealed truck. The market/sale veterinarian will supervise persons appointed to apply official United States Department of Agriculture (USDA) seals to sealed trucks if the licensee has an agreement with the state to do so.

1. 2. A market/sale veterinarian may rec-

ognize a brucellosis test performed at a Missouri market/sale as an official and valid test for five (5) days if proper health certificates accompany the animal(s). An official bangle tag may serve as a health certificate for intrastate movement, provided the following information is shown on the tag:

1. A. Date of test;
2. B. Complete official eartag number;
3. C. Age of the animal;
4. D. State code letters of the testing vet-

erinarian; and

1. E. If color-coded bangle tags are used

to indicate stage of pregnancy, they shall be applied as follows:

1. (I) Blue—first trimester—one

through three (1–3) months pregnant;

1. (II) Red—second trimester—four

through six (4–6) months pregnant;

1. (III) Green—third trimester—seven

through nine (7–9) months pregnant;

1. (IV) Yellow—open—not pregnant;

and

1. (V) White—not examined for preg-

nancy status.

1. 3. All out-of-state test-eligible cattle

must be retested when presented to a Missouri market/sale. The market/sale veterinarian shall accurately complete form MODAV- 20 upon release of any test-eligible cattle originating from other than brucellosis Class Free or brucellosis Class A states.

1. A. The intrastate movement permit

number shall be the MODAV-20 certificate number preceded by the letter code of the issuing veterinarian.

1. B. The proper distribution of the form

MODAV-20 certificate is as follows:

1. (I) The yellow copy shall be issued

to the purchaser or his/her agent prior to release of the animal(s) from the livestock market/sale;

1. (II) The white copy shall be mailed

to the Missouri Department of Agriculture; and

1. (III) The green copy shall be

retained by the issuing veterinarian.

1. 4. Proper procedure for determining the

age of test-eligible cattle is—

1. A. Eighteen (18) months—absence of

the central deciduous (baby) incisors;

1. B. Two (2) years—the presence of the

first pair of fully erupted permanent incisor teeth;

1. C. Two and one-half (2 1/2) years—

the appearance of the second pair of permanent incisor teeth;

1. D. Eruption, spread and wear of

incisor teeth may be used to determine age; and

1. E. The age of the animal will be

shown on the official bangle tag or displayed on the animal in a manner easily visible to the buyer.

1. 5. A positive reaction to the standard

card test shall make that animal eligible for further testing on the brucellosis CITE Test, or any other test approved by the USDA and the state veterinarian. The results of the CITE Test shall be recorded on the VS 4-54 market/sale test record as positive or negative.

1. A. A positive CITE Test result occurs

when the sample test spot develops a color equal to or greater than the intensity of the low calibration spot.

1. B. A negative CITE Test result occurs

when the sample spot develops no color or develops a color of less intensity than the low calibration spot.

1. (4) Required Testing for Swine. 2 CSR 30-6

   1. (A) All swine (except slaughter swine) presented to a market/sale must be officially eartagged, tattooed or backtagged, or identified by another approved device, and inspected for signs of infectious or contagious disease, and must be identified to the farm of origin and the market/sale must keep these records for one (1) year. All sows and boars sold for slaughter are to be individually identified by backtag, eartag or tattoo, or other approved device at first point of concentration.
   2. (B) Market-to-market movement of swine into and within Missouri is prohibited, except to slaughter-swine-only markets/sales.
   3. (C) All swine bought at a market/sale consigned to a farm or premises will be quarantined to the point of destination for a minimum of thirty (30) days.

   4. (D) Swine offered for sale that fail to pass veterinary inspection due to sickness or signs of infection with a contagious, infectious or communicable disease shall either—

      1. 1. Return to the farm of origin under

quarantine. Quarantined animals not amenable to treatment shall remain under quarantine until released for slaughter; or

1. 2. Go directly to slaughter. Animals sold

for slaughter must be identified and shipped on a VS Form 1-27 shipping permit.

1. (E) Feeder Swine. All feeding swine entering Missouri that are exchanged, bartered, leased or sold through a Missouri livestock market/sale must originate from either—

   1. 1. A state classified as Stage III, IV, or

V in the National Pseudorabies (PRV) Eradication Plan; or

1. 2. A pseudorabies monitored herd in a

state classified as Stage II in the National Pseudorabies (PRV) Eradication Plan.

1. (F) All breeding swine (regardless of age) must be tested negative for brucellosis and pseudorabies within thirty (30) days before they are presented for exchange, barter, lease or sale at a livestock market/sale, or originate from a validated brucellosis-free herd or validated swine brucellosis-free state and a qualified negative pseudorabies herd or from a state classified as Stage IV or V in the National Pseudorabies (PRV) Eradication Plan. Documentation showing herd numbers and current herd test dates must be provided to the market/sale veterinarian for animals to be accepted. Missouri origin breeding swine are to be quarantined for a thirty (30)-day period. Imported breeding swine shall be quarantined until a negative retest for brucellosis and pseudorabies is obtained. This retest shall not be fewer than thirty (30) nor more than sixty (60) days after entry.

   1. 1. A retest must be completed on all

imported breeding swine that do not originate from a USDA-classified swine brucellosisand pseudorabies-free state or country.

1. 2. Breeding swine originating from

USDA-classified swine brucellosisand pseudorabies-free states or countries must be tested as follows: in shipments of one to nine (1–9) head, a retest is required of all animals; in shipments of ten to thirty-five (10–35) head from the same herd of origin, retest is required of ten (10) animals; in shipments over thirty-five (35) head from the same herd of origin, retest is required on thirty percent (30%), up to a maximum of thirty (30) animals.

1. (5) Required Testing and Handling of Equidae.

   1. (A) Veterinary inspection is required on all equidae before sale.

   2. (B) All equidae presented at any licensed market/sale for the purpose of change of ownership, not having proof of an official negative Equine Infectious Anemia (EIA) test within the previous twelve (12) months, shall have blood samples for EIA testing collected before the sale at the seller’s expense.

      1. 1. In a licensed livestock market/sale

where the veterinarian has an approved EIA testing laboratory, EIA tests will be run prior to the sale. Test positive suspect equids will be identified and returned to the owner’s premises under quarantine pending test confirmation, or the owner may sell that animal directly to slaughter accompanied by a VS Form 1-27 shipping permit.

1. 2. In markets where on-site EIA testing

is not available, the equids will sell test-pending, identified as such by a red hip tag (furnished by the Missouri Department of Agriculture) recorded on an Equine Sales & Test Record form (MO 350-1138) and sold under quarantine to the buyer. This quarantine restricts the buyer from taking the equids out of Missouri and from another change of ownership, until the test results are received.

1. (C) Equidae presented with current, negative EIA test chart (VS Form 10-11 (or later revision) or any officially recognized state EIA test chart) will be sold with a white hip tag (furnished by the Missouri Department of Agriculture) and recorded on an Equine Sales & Test Record form (MO 350-1138). The seller must present an original EIA test chart; no photocopies or facsimiles will be accepted. The test must have been done within the previous twelve (12) months, and must be accurately completed, showing graphic descriptions of all markings needed for identification. Verification of each animal to the EIA test chart shall be the responsibility of the market veterinarian. If in the opinion of the market veterinarian the information shown on the EIA test chart does not match the animal presented or the test chart has been altered, the market veterinarian shall confiscate the form, mark the document “invalid” and the animal(s) will be tested at the seller’s expense prior to the sale.
2. (D) No equidae will be released from any licensed market/sale without a current, negative EIA test; a test-pending quarantine, or released on a VS Form 1-27 shipping permit returning to the seller’s premises. Once copy of all quarantines and Equine Sales & Test Record forms (MO 350-1138) completed for each sale will be sent to the state veterinarian’s office.
3. (E) All EIA positive animals presented for sale to slaughter at a licensed market/sale must be accompanied by a VS Form 1-27 shipping permit signed by state or federal regulatory personnel authorizing the move. All EIA positive animals shall be segregated at least two hundred (200) yards from any other equidae and not sold in the auction ring. The market veterinarian shall verify the animals’ permanent identification (freezebrand or electronic microchip) shown on the form and issue a new VS Form 1-27 consigning the animal to a federally approved slaughter facility. No EIA positive animal shall be moved from a licensed livestock market/sale without being permanently identified and consigned to slaughter on a VS Form 1-27.
4. (F) Alteration or substitution of any information on any VS Form 10-11 or certificate of veterinary inspection shall cause the document to be invalid and in violations of sections 267.010 to 267.730, RSMo and may result in civil penalties not to exceed ten thousand dollars ($10,000) per violation.
5. (G) Equidae with signs of fistulous withers or poll evil will be sold directly to slaughter.

1. (6) Ratites (Including, but not limited to, Ostrich and Emu). All ratites must be individually identified by a means approved by the Missouri state veterinarian on a certificate of veterinary inspection. In addition, ratites imported into Missouri presented for sale at a livestock market/sale must obtain an entry permit.

2. (7) Miscellaneous and Exotic Animals. All exotic animals presented for exchange, barter, lease or sale at a licensed livestock market/sale must be accompanied by an official Certificate of Veterinary Inspection showing an individual listing of the common and scientific name(s) of the animal(s) and appropriate descriptions of animal(s) such as sex, age, weight, coloration and the permanent tag number, brand or tattoo identification.

   1. (A) Exotic bovids eight (8) months of age and over must have a negative brucellosis test and a negative tuberculosis test within thirty

3. (30) days prior to arrival at the market/sale. Exotic bovids include Bos gaurus (Indian bison, Gaur) Bos javanicus (Banteng), Bos sauveli (Kouprey), Bos grunniens (domesticated yak), Bubalus bubalis (water buffalo), Bubalus mindorensis (Tamarau), Bubalus quarlesi (Mountain Anoa), Bubalus depressicornis (Lowland Anoa) and Snycerus caffer (buffalo group).

   1. (B) Exotic cattle must meet the same brucellosis requirements as domestic cattle. These animals eight (8) months of age and over must be tested for tuberculosis within thirty (30) days prior to arrival at the market/sale.
   2. (C) Camels, llamas, alpaca and other of that group must have a health certificate showing individual identification. Registration papers, accompanied by registry photographs of the animal are acceptable identification.

   3. (D) Captive cervids from out-of-state that arrive at a market/sale in Missouri must have an entry permit issued by the state veterinarian’s office and a Certificate of Veterinary Inspection. Captive cervids from out-of-state that arrive at a market/sale must be in compliance with the guidelines as incorporated by reference to the Bovine Tuberculosis Eradication Uniform Methods and Rules, Effective January 22, 1999 and Brucellosis in Cervidae: Uniform Methods and Rules, Effective September 30, 1998. Movement of Missouri origin captive cervids must be in compliance with Missouri’s intrastate movement regulations.

      1. 1. All sexually intact animals six (6)

months of age or older, not under quarantine and not affected with brucellosis, must test negative for brucellosis within thirty (30) days prior to arrival at the market/sale, except:

1. A. Brucellosis-free herd—captive

cervids originating from certified brucellosisfree herds may be sold through a market/sale on the current herd number and test date;

1. B. Brucellosis-monitored herd—all

sexually intact animals six (6) months of age or older must test negative for brucellosis within ninety (90) days prior to arrival at the market/sale.

1. 2. Captive cervids not known to be

affected with or exposed to tuberculosis, and not in a status herd as defined in the Bovine Tuberculosis Eradication Uniform Methods and Rules, Effective January 22, 1999, must have two (2) negative tuberculosis tests, not less than ninety (90) days apart, using the single cervical method. The second test must be within ninety (90) days prior to arrival at the market/sale.

1. 3. Movement from status herds.

   1. A. Accredited herd—captive cervids

originating from accredited tuberculosis-free cervid herd as defined by the Bovine Tuberculosis Eradication Uniform Methods and Rules, Effective January 22, 1999, may be sold through a market/sale on the current herd number and test date.

1. B. Qualified herd—captive cervids

originating from a qualified herd as defined by the Bovine Tuberculosis Eradication Uniform Methods and Rules, Effective January 22, 1999, must have one (1) negative tuberculosis test, using the single cervical method, within ninety (90) days prior to arrival at the market/sale.

1. C. Monitored herd—captive cervids

originating from a monitored herd as defined by the Bovine Tuberculosis Eradication Uniform Methods and Rules, Effective January 22, 1999, must have one (1) negative tuberculosis test, using the single cervical method, within ninety (90) days prior to arrival at the market/sale.

1. D. Captive cervids less than twelve

1. (12) months of age that originate from and were born in qualified or monitored herds may be sold through a market/sale without further tuberculosis testing, provided that they are accompanied by a certificate stating that such captive cervids originated from such herds and have not been exposed to captive cervids from a lower status herd.

   1. 4. Captive cervids from an area that has

been reported as a chronic wasting disease (CWD) endemic area or any cervid that has been in an endemic area in the last five (5) years will not be allowed to move through a Missouri livestock market/sale.

1. 5. Elk, elk-hybrids, white-tailed deer

and mule deer from all states must have participated in a surveillance program for at least three (3) years prior to moving through a Missouri livestock market/sale. Other captive cervids must have participated in a surveillance program recognized by the state of origin prior to moving through a Missouri livestock market/sale.

1. (E) Exotic goats, sheep and antelope. No tests are required on these animals.
2. (F) Exotic equine, donkeys, asses, burros and zebras must meet domestic equine requirements.
3. (G) Feral swine, javalena, and peccaries must be in compliance with domestic swine requirements.
4. (H) Elephants (Asiatic, African) must be tested negative for tuberculosis within one (1) year prior to exhibition.
5. (I) Importation of skunks and raccoons into Missouri is prohibited by the Missouri Wildlife Code (3 CSR 10-9).

AUTHORITY: section 277.160, RSMo 2000.* Original rule filed June 15, 1990, effective Dec. 31, 1990. Emergency amendment filed April 11, 1991, effective April 21, 1991, expired Aug. 9, 1991. Amended: Filed April 16, 1991, effective Aug. 30, 1991. Amended: Filed June 4, 1991, effective Oct. 31, 1991. Emergency amendment filed Dec. 20, 1991, effective Dec. 30, 1991, expired April 27, 1992. Emergency amendment filed Jan. 23, 1992, effective Feb. 2, 1992, expired May 30, 1992. Amended: Filed Feb. 4, 1992, effective June 25, 1992. Emergency amendment filed June 5, 1992, effective June 15, 1992, expired Oct. 12, 1992. Amended: Filed March 3, 1992, effective Sept. 6, 1992. Emergency amendment filed Aug. 20, 1993, effective Aug. 30, 1993, expired Dec. 27, 1993. Amended: Filed Aug. 27, 1993, effective Jan. 31, 1994. Emergency amendment filed April 4, 1994, effective April 14, 1994, expired Aug. 11, 1994. Amended: Filed April 4, 1994, effective Sept. 30, 1994. Emergency amendment filed Jan. 17, 1995, effective Jan. 27, 1995, expired Feb. 1, 1995. Amended: Filed Jan. 31, 1995, effective July 30, 1995. Amended: Filed July 31, 1996, effective March 30, 1997. Amended: Filed Jan. 4, 1999, effective July 30, 1999. Emergency amendment filed Nov. 2, 2001, effective Nov. 12, 2001, expired May 10, 2002. Amended: Filed April 10, 2002, effective Sept. 30, 2002. Amended: Filed May 14, 2002, effective Dec. 30, 2002.

*Original authority: 277.160, RSMo 1989, amended 1993, 1995.