Wyo. Code R. 051-0001-6
General Agency, Board or Commission Rules
Chapter 6: Brucellosis Risk Mitigation Activities and Compensation
Effective Date: 09/04/2024 to Current
Rule Type: Current Rules & Regulations
Reference Number: 051.0001.6.09042024
Section 1. Authority to Create Rules. The following rules are promulgated pursuant to Wyoming Statutes §§ 11-19-405 through -407 and 11-18-103(a)(v).
(a) If a term used in these rules is not defined below, refer to the Board's Chapter 2 Brucellosis Management and Mitigation rules.
(i) 'Adult Brucellosis Vaccination' means the vaccination of female Bovinae over 12 months of age with RB 51 vaccine following the protocol outlined by USDA APHIS.
(ii) 'Brucellosis Mitigation Plan' means:
(A) A written document based on a Brucellosis Risk Assessment outlining the practices a Herd owner will utilize to mitigate the risk of Brucellosis exposure to the Herd that is signed by both the Wyoming State Veterinarian and the Herd owner or manager;
(B) A Wyoming State Veterinarian recommendation in writing that spaying heifers, adult vaccination, or both is warranted based on a risk assessment; or
(C) Voluntary surveillance testing deemed appropriate in writing by the Wyoming State Veterinarian.
(iii) 'Chapter 2 Rules' means the Board's Brucellosis Management and Mitigation rules, which establish protocol for vaccination, testing, and response for Brucellosis in Bovinae.
(iv) 'Custom Slaughter Establishment' means a slaughter plant where livestock is slaughtered and processed for the owner of the livestock only and the product is not offered for public sale or commercial use.
(v) 'Designated Surveillance Area' or 'DSA' means that area as defined in the Board's Chapter 2 Rules.
(vi) 'Designated Surveillance Area-Origin Bovinae' or 'Bovinae originating within the Designated Surveillance Area' means Bovinae that have moved or will move from a premises located wholly or partially within the defined boundaries of the Designated Surveillance Area.
(vii) 'Mandatory Testing' means any Brucellosis testing required by the Board or USDA APHIS.
(viii) 'Spaying' means any surgical procedure by which female Bovinae are rendered permanently infertile as certified by a licensed veterinarian.
(ix) “Temporary Surveillance Area” means an area designated by the Board and approved by the Governor as an area where risk of exposure to documented Brucellosis infected wildlife is of concern.
(x) “Temporary Surveillance Area-Origin Bovinae” or “Bovinae originating within a Temporary Surveillance Area” means Bovinae that have moved or will move from a premises located wholly or partially within the defined boundaries of a Temporary Surveillance Area.
(xi) “Testable Sample” means a blood sample, collected using a clean and separate needle, syringe and container, for Brucellosis testing in such condition that the tests conducted will yield valid results, as determined by the serology technicians at the testing laboratory.
(xii) “USDA APHIS” means the United States Department of Agriculture Animal and Plant Health Inspection Service.
(a) All payments authorized by these rules are contingent upon the availability of funding and will be issued at the sole discretion of the Board. The Wyoming State Veterinarian may, with Board approval, allow payment within statutory limits other than that set by these rules upon written request describing the extenuating circumstances that support payment in excess of the amounts set by these rules.
(b) Under extenuating circumstances, the Wyoming State Veterinarian may authorize payments for completed activities when documents or approvals were not submitted by the deadlines set in these rules.
(a) The Board will pay compensation for Mandatory Testing directly to a Category II Accredited Veterinarian and, if applicable, to an Approved Livestock Market pursuant to W.S. § 11-19-407(c). The Board will make payment upon receipt of official Brucellosis test charts from the testing laboratory.
(b) The Board will only pay compensation for Testable Samples that are received at the Wyoming State Veterinary Laboratory or another USDA APHIS approved Brucellosis testing laboratory in properly labeled tubes and with properly completed, legible USDA APHIS Brucellosis test charts. The reason for the test must be specified on the test chart as “DSA,” “Temporary Surveillance Area,” or “Epidemiologic Testing.”
(c) An owner or manager is not required to have a Brucellosis Mitigation Plan or a Brucellosis Risk Assessment for the Category II Accredited Veterinarian to be eligible for compensation for Mandatory Testing.
(d) For Mandatory Testing of Test-Eligible Bovinae originating within the Designated Surveillance Area or a Temporary Surveillance Area, the compensation rate is $7.00 per head tested.
(e) For Mandatory Testing at Approved Livestock Markets of Test-Eligible Bovinae originating within the Designated Surveillance Area or a Temporary Surveillance Area, the compensation rate is $7.50 per head tested.
(f) If Mandatory Testing of Test-Eligible Bovinae originating within the Designated Surveillance Area or a Temporary Surveillance Area occurs at an Approved Livestock Market and that market supplies labor to move the Bovinae through the alleys and chutes, the Board will pay that market $3.00 per head tested. If a Category II Accredited Veterinarian supplies this labor, the Category II Accredited Veterinarian will receive this payment in addition to the $7.50 per head for testing, and the Approved Livestock Market will not receive compensation. To be compensated for labor, the Board must receive an invoice for the labor, including a legible copy of the Brucellosis test charts delineating the Test-Eligible Bovinae, within 30 days after the end of the month in which testing occurred.
(a) To be eligible for compensation for voluntary surveillance testing conducted on Bovinae from the Designated Surveillance Area or a Temporary Surveillance Area, the owner or manager for whom testing is performed must have a Brucellosis Mitigation Plan that authorizes voluntary surveillance testing.
(b) Payments will be made directly to a Category II Accredited Veterinarian and, if applicable, an Approved Livestock Market pursuant to W.S. 11-19-407(c) as follows:
(i) Upon receipt of official Brucellosis test charts from the testing laboratory, the Board will create an invoice and submit it to the veterinarian or market for approval.
(ii) The veterinarian or market must submit approval or corrections to the invoice within 30 days of the date that the Board sent the invoice for approval.
(iii) If the Board approves corrections, the Board will re-send the corrected invoice for approval, which must be approved within 30 days of resubmission.
(iv) If the Board does not receive approval or corrections within the allotted time, the invoice is deemed approved as sent.
(v) Once the invoice is approved, the Board will make payment.
(c) The compensation rate for voluntary surveillance testing is $7.00 per head if the animal tested has been within the boundaries of the Designated Surveillance Area or a Temporary
Surveillance Area.
(d) The Board will only pay compensation for Testable Samples that are received at the Wyoming State Veterinary Laboratory or another USDA APHIS approved Brucellosis testing laboratory in properly labeled tubes and with properly completed, legible USDA APHIS Brucellosis test charts. The reason for the test must be specified on the test chart as “DSA,” “Temporary Surveillance Area,” or “Epidemiologic Testing.”
(a) To be eligible for compensation for Spaying heifers, the Spaying must be authorized by an Affected Herd Management Plan or a Brucellosis Mitigation Plan. The compensation rate for Spaying heifers is $8.00 per head. The veterinarian shall submit an invoice to the Board within 30 days after the end of the month in which the Spaying was performed for a particular herd. The invoice must list: (1) the number of heifers Spayed; (2) the ownership of the heifers Spayed; and (3) whether the heifers Spayed are Designated Surveillance Area-Origin Bovinae or Temporary Surveillance Area-Origin Bovinae.
(b) Compensation will be paid only if one or more of the following conditions apply:
(i) The Herd is infected with Brucellosis;
(ii) The Herd is under Quarantine as an adjacent or a contact Herd;
(iii) The risk of exposure or transmission of Brucellosis to the Herd is high due to a documented commingling event during the period of February through June;
(iv) The risk of exposure or transmission of Brucellosis to the Herd is increased due to increased numbers of elk or wild bison in the vicinity of the Herd during the period of February through June; or
(v) There is documentation that the Herd was exposed to an event of abortion or calving by elk or wild bison at any time of year.
(a) To be eligible for compensation for Adult Brucellosis Vaccination, the Adult Brucellosis Vaccination must be authorized by a Brucellosis Mitigation Plan.
(b) The compensation rate for Adult Brucellosis Vaccination is $4.00 per head.
(c) Upon receipt of a properly completed Adult Brucellosis Vaccination certificate, the Board will create an invoice and submit it to the veterinarian for approval.
(d) The veterinarian must submit approval or corrections to the invoice within 30 days of the date that the Board sent the invoice for approval.
(e) If the Board approves corrections, the Board will re-send the corrected invoice for approval, which must be approved within 30 days of resubmission.
(f) If the Board does not receive approval or corrections within the allotted time, the invoice is deemed approved as sent.
(g) Once the invoice is approved, the Board will make payment.
(a) For a Custom Slaughter Establishment to be eligible for compensation for Brucellosis testing of Test Eligible Bovinae, it must agree to collect a Testable Sample during the slaughter process and to submit the Testable Sample to the Wyoming State Veterinary Laboratory.
(b) The Board will pay a Custom Slaughter Establishment $5.50 per head for each slaughtered Bovinae 12 months of age or older from which the facility collected a Testable Sample if:
(i) The Bovinae Directly Moved to the Custom Slaughter Establishment from the Designated Surveillance Area or a Temporary Surveillance Area; or
(ii) The Bovinae was subject to a Brucellosis Mitigation Plan.
(c) The Board will make payments to a Custom Slaughter Establishment as follows:
(i) Upon receipt of official Brucellosis test charts from the testing laboratory, the Board will create an invoice and submit it to the establishment for approval.
(ii) The establishment must submit approval or corrections to the invoice within 30 days of the date that the Board sent the invoice for approval.
(iii) If the Board approves corrections, the Board will re-send the corrected invoice for approval, which must be approved within 30 days of resubmission.
(iv) If the Board does not receive approval or corrections within the allotted time, the invoice is deemed approved as sent.
(v) Once the invoice is approved, the Board will make payment.