Wyo. Code R. 051-0001-6
General Agency, Board or Commission Rules
Chapter 6: Brucellosis Risk Mitigation Activities and Reimbursement
Effective Date: 11/03/2015 to 02/06/2020
Rule Type: Superceded Rules & Regulations
Reference Number: 051.0001.6.11032015
(a) Pursuant to the authority vested in the Wyoming Livestock Board by virtue of W.S. 11-19-407, the following rules are hereby promulgated.
(a) These rules are adopted to provide general guidance and establish eligibility and compensation parameters for payment to Accredited Veterinarians and Approved Livestock Auction Markets participating in Brucellosis testing, Adult Brucellosis Vaccination and Spaying activities.
(a) If any portion of these rules is found to be invalid or unenforceable, the remainder of the rules shall continue in effect.
(a) If not defined below, refer to the Wyoming Livestock Board's Chapter 2 Vaccination Against and Surveillance for Brucellosis rules.
(i) 'Adult Brucellosis Vaccination' means the vaccination of female cattle over twelve (12) months of age with RB 51 vaccine following the protocol outlined in the current Brucellosis Eradication Uniform Methods and Rules (UMR) or other APHIS directive.
(ii) 'Approved Livestock Market' means a livestock market that is licensed by the Board, and has in place a signed livestock marketing facility agreement with USDA APHIS, to handle cattle under conditions required by the Cooperative State-Federal Brucellosis Eradication Program.
(iii) 'Board' means the Wyoming Livestock Board, State Agency 051, 1934 Wyott Drive, Cheyenne, WY 82002, (307) 777-7515.
(iv) 'Brucellosis' means an infectious disease of animals and humans caused by Brucella abortus.
(v) 'Brucellosis Area of Concern' 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.
(vi) 'Category II Accredited Veterinarian' means an individual who is licensed to practice veterinary medicine and is approved by the USDA/APHIS to perform Category II accredited duties on all livestock species and poultry in the specific state(s) where he or she practices.
(vii) “Chapter 2 Rules” means the Wyoming Livestock Board Vaccination Against and Surveillance for Brucellosis rules which establish protocol for vaccination, testing, and response for Brucellosis in cattle.
(viii) “Custom Slaughter Facility” means a slaughter plant that is licensed and or inspected by the State of Wyoming 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.
(ix) “Designated Surveillance Area” shall be that area as defined in the Wyoming Livestock Board’s Chapter 2 Rules or as amended by a board order.
(x) “Designated Surveillance Area Origin Cattle” means cattle that have moved or will move from a farm, ranch, or range located within the defined boundaries of the Designated Surveillance Area.
(xi) “Herd” means all Bovinae under common ownership or supervision that are grouped on one or more parts of any single premise; or all Bovinae under common ownership or supervision on two or more premises that are geographically separated but in which the animals have been interchanged or had contact with animals from different premises. It will be assumed that contact between animals of the same species on the different premises has occurred unless the owner establishes otherwise and the results of the epidemiologic investigation are consistent with the lack of contact between premises.
(xii) “Herd Plan” means a written document outlining practices a livestock producer will undertake to minimize the exposure of his/her cattle or domestic bison to Brucellosis. It shall be based on a completed Herd Risk Assessment. The Herd Plan will be valid when the State Veterinarian or his designee and the herd owner/manager have signed it.
(xiii) “Herd Risk Assessment” means an evaluation of the potential risk a cattle or domestic bison herd has for exposure to Brucellosis infected elk, bison, or cattle. The Assessment shall be performed by Wyoming Livestock Board personnel.
(xiv) “Mandatory testing” means any Brucellosis testing required by the Wyoming Livestock Board and/or United States Department of Agriculture, Animal and Plant Health Inspection Service.
(xv) “Official Adult Vaccinate” means a female Bovinae that is over twelve (12) months of age when first vaccinated for Brucellosis using the recommended dose of a vaccine approved by the USDA APHIS VS Administrator and the Board. Prior approval by the Wyoming State Veterinarian, or his authorized representative, is required and may include Brucellosis testing. All adult vaccinates will be identified as such by an appropriate tattoo in the right ear or other method approved by the Wyoming State Veterinarian. Each Bovinae shall have a USDA-approved individual official identification device which shall be reported on the appropriate certificate and forwarded to the appropriate state and federal animal health agencies within 14 days of vaccination.
(xvi) “Official Booster Vaccinate” means either an Official Adult Vaccinate or an Official Calfhood Vaccinate re-vaccinated for Brucellosis using the recommended dose of a vaccine approved by the USDA APHIS VS Administrator and the Board. Prior approval by the Wyoming State Veterinarian, or his authorized representative, is required either on a case-by-case basis or through a Herd Plan. Individual official identification will be confirmed and recorded for each Bovinae which shall be reported on the appropriate certificate and forwarded to the appropriate state and federal animal health agencies.
(xvii) “Spaying” means any surgical procedure by which female cattle are rendered permanently infertile as certified by a licensed veterinarian.
(xviii) “Surveillance Testing” means optional testing for Brucellosis other than that testing done to satisfy Chapter 2 Brucellosis test requirements or United States Department of Agriculture, Animal and Plant Health Inspection Service test requirements, including testing provided for under the terms of a valid Herd Plan.
(xix) “Testable Sample” means a blood sample, collected using a clean and separate needle, syringe and container, for Brucellosis testing which is received at the Wyoming State Veterinary Laboratory (WSVL) in such condition that the tests conducted will yield valid results. The testability of any sample will be determined by the serology technicians at WSVL.
(xx) “Test Eligible” means all sexually intact female cattle or female domestic bison eighteen (18) months of age and over (as evidenced by the full eruption of at least one of the first pair of permanent incisor teeth). All Bovinae that are visibly pregnant or Post Parturient are test eligible regardless of age.
(xxi) “USDA/APHIS/VS” means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services.
(xxii) “Wyoming State Veterinarian” means a Wyoming Accredited Veterinarian, employed by the Board, who serves as the State Veterinarian for the State of Wyoming as outlined in W.S. 11-19-101.
(a) Penalties for a violation of these rules shall be pursuant to law.
(a) All payments authorized by these Rules are contingent upon the availability of funding and shall be at the sole discretion of the Board.
(a) Compensation for Brucellosis Surveillance Testing, Spaying and Adult Brucellosis Vaccination shall require the producer for whom the services are rendered to have a valid Herd Plan, which shall include a Herd Risk Assessment.
(i) A valid Herd Plan or Herd Risk Assessment is not required for voluntary Surveillance Testing conducted on cattle from a Brucellosis Area of Concern.
(b) Approval from the State Veterinarian or his designee is required prior to Spaying or Adult Brucellosis Vaccination if compensation is sought pursuant to these rules. A valid Herd Plan is considered prior approval as long as the procedure is specifically listed as part of the Herd Plan.
(c) Surveillance Testing of cattle from a Brucellosis Area of Concern shall be compensated at the same rate set for Mandatory Testing.
(d) The Board shall determine the amount of compensation on a per head basis depending on the Herd Risk Assessment and may decline compensation if the Herd Risk Assessment does not warrant the activity.
(e) Payments shall be made directly to a Category II Accredited Veterinarian or an Approved Livestock Market pursuant to W.S. § 11-19-407(c). The payment shall be made upon submission to the Board of a notarized invoice indicating the number of head tested, Spayed, or Adult Brucellosis Vaccinated, the ownership of the animals tested, Spayed, or Adult Brucellosis Vaccinated and the testing, Spaying, or Adult Brucellosis Vaccinating location. Invoice forms may be obtained from the offices of the Board.
(i) Payment for Surveillance Testing shall be made at $5.00 per head if the animal tested has been within the boundaries of the Designated Surveillance Area or a Brucellosis Area of Concern. Payment will only be made for Testable Samples which are received at the Wyoming State Veterinary Laboratory in properly labeled tubes and with properly completed legible APHIS Brucellosis test charts showing the official identification, vaccination status, age, breed, and gender of each animal represented. The reason for test must be specified on the test chart as “DSA” or “Brucellosis Area of Concern.”
(ii) Payment for Spaying heifers within the Designated Surveillance Area shall be at $6.50 per head only under the following pre-approved conditions:
(A) A herd is infected; or
(B) A herd is under quarantine as an adjacent or a contact herd; or
(C) The risk of exposure/transmission is high due to a documented commingling event during the period of February through June; or
(D) The risk of exposure/transmission is increased due to increased numbers of elk or bison in the vicinity of cattle during the period of February through June; or
(E) Documented exposure of a cattle herd to an elk or bison abortion or calving event at any time of year.
(iii) Payment for Adult Vaccination of female cattle within the Designated Surveillance Area or Brucellosis Area of Concern shall be made at $3.50 per head, subject to an approved Herd Plan that allows such.
(iv) The Wyoming State Veterinarian may, with Board approval, allow payment within statutory limits other than that set by the Board in subsection (e) (i), (ii), or (iii) upon written request describing the extenuating circumstances which support payment in excess of the amounts in (e) (i), (ii), or (iii).
(a) Payment for Mandatory Brucellosis Testing shall be made directly to a Wyoming Accredited Veterinarian and/or Approved Livestock Market pursuant to W.S. § 11-19-407(c). The payment shall be made upon submission to the Board of a notarized invoice indicating the number of head tested, the ownership of the animals tested, and the testing location. Invoice forms may be obtained from the offices of the Board.
(b) Payment will only be made for Testable Samples which are received at the Wyoming State Veterinary Laboratory in properly labeled tubes and with properly completed legible APHIS Brucellosis test charts showing the official identification, vaccination status, age, breed, and gender of each animal represented. The reason for test must be specified on the test chart as 'DSA' or 'Brucellosis Area of Concern.'
(c) Payment for Mandatory Testing shall not require a Herd Plan or Herd Risk Assessment.
(d) The Board shall determine the amount paid for Mandatory Testing on a per head basis and shall review the payment schedule annually.
(i) Mandatory Testing of Test Eligible cattle originating within the Designated Surveillance Area shall be paid at $5.00 per head.
(ii) Mandatory Testing of Designated Surveillance Area origin cattle at Approved Livestock Markets shall be paid at $5.50 per head.
(iii) Approved Livestock Markets where Mandatory Testing of Designated Surveillance Area origin Test Eligible cattle occurs shall be paid $2.00 per head tested at the market if the market supplies labor to move the cattle through the alleys and chutes. If the Wyoming Accredited Veterinarian supplies this labor, the Veterinarian will receive this payment in addition to the $5.50 per head for testing, and the Market will not receive compensation.
(iv) Mandatory Testing for Brucellosis samples collected by Wyoming Custom Slaughter operations on slaughtered cattle shall be paid at $3.50 per head for Testable Samples.
(e) The Wyoming State Veterinarian may, with Board approval, allow payment within statutory limits other than those set by the Board in subsection (d)(i) upon written request describing the extenuating circumstances which support payment in excess of the amount specified in (d) (i).