Animal Health Protection Act — APHIS & Disease Control

The Animal Health Protection Act of 2002 (7 U.S.C. §§ 8301–8322) is the primary federal law authorizing USDA's Animal and Plant Health Inspection Service (APHIS) — which also administers the Animal Welfare Act — to prevent, detect, control, and eradicate animal diseases and pests that threaten U.S. livestock, poultry, and public health. The Act gives the Secretary of Agriculture sweeping authority to restrict imports of animals and animal products, quarantine diseased or exposed animals, restrict interstate movement of livestock during disease outbreaks, and destroy infected animals with compensation to owners. This framework protects a livestock industry worth over $200 billion annually from catastrophic diseases — foot-and-mouth disease, highly pathogenic avian influenza, African swine fever, bovine spongiform encephalopathy (mad cow disease), and dozens of other threats that could devastate American agriculture if they became established.

Current Law (2026)

Legal Authority

• 7 U.S.C. § 8303 — Restriction on importation (Secretary may prohibit or restrict import of animals, articles, or transport to prevent introduction of livestock pests or diseases)
• 7 U.S.C. § 8305 — Interstate movement (Secretary may prohibit or restrict movement across state lines when necessary to prevent disease spread)
• 7 U.S.C. § 8306 — Seizure, quarantine, and disposal (Secretary may hold, quarantine, treat, or destroy animals and articles that may carry disease — including animals moved in violation of the Act)
• 7 U.S.C. § 8308 — Detection, control, and eradication (Secretary may carry out operations to detect, control, or eliminate diseases, including blood testing and diagnostic tests at farms, stockyards, and slaughterhouses)
• 7 U.S.C. § 8309 — Veterinary accreditation program (Secretary accredits private veterinarians to perform federal animal health functions — inspections, testing, certifications)
• 7 U.S.C. § 8313 — Penalties (knowing violations: criminal fine up to $250,000 and/or 5 years imprisonment; civil penalties: first offense up to $50,000; repeat offense up to $100,000)

How It Works

Import controls are the first line of defense. APHIS regulates the import of all live animals, animal products (meat, dairy, eggs, hides, wool), semen and embryos, veterinary biologics, and any article that could carry animal disease — from every country in the world. Import requirements are based on the disease status of the exporting country and the specific commodity. Countries free of foot-and-mouth disease face different requirements than countries where FMD is endemic. Live animal imports typically require health certificates, testing, and quarantine periods. APHIS maintains a dedicated animal import center in Newburgh, New York, where imported livestock undergo quarantine. A separate APHIS program — the Purebred Animal Certification under 9 CFR Part 151 — enables importers of recognized purebred breeding animals to claim duty-free entry at U.S. Customs, running parallel to but independently from the health certification process.

APHIS maintains surveillance programs for dozens of reportable animal diseases through cooperation with state veterinarians, accredited private veterinarians, diagnostic laboratories, and slaughter facilities. When a disease is detected, APHIS activates its response framework — which may include quarantine zones, movement restrictions, depopulation (killing infected and exposed animals), cleaning and disinfection, vaccination, and enhanced surveillance. The 2022-onward highly pathogenic avian influenza (HPAI) outbreak — which has affected over 170 million commercial and backyard poultry birds in all 50 states (cumulative through May 2025 per APHIS) and spread to dairy cattle — is the largest animal disease event in U.S. history and continues to test this framework.

Indemnity (compensation) for destroyed animals is a critical incentive for reporting. Livestock owners who report disease and cooperate with APHIS receive fair market value for animals destroyed under government orders. Without compensation, owners would have strong incentives to hide disease — making outbreaks worse. Indemnity payments during the 2022-onward HPAI outbreak have exceeded $1 billion.

The veterinary accreditation program extends APHIS's reach. Approximately 63,000 accredited veterinarians perform federal animal health functions — issuing health certificates for interstate movement, conducting tuberculosis and brucellosis testing, and reporting suspected foreign animal diseases. Accreditation requires training, examination, and ongoing compliance with APHIS standards.

Zoonotic disease coordination (§ 8319) recognizes that many animal diseases can infect humans. APHIS coordinates with CDC and FDA on surveillance and response for diseases like avian influenza, salmonellosis, brucellosis, and rabies — the "One Health" approach to disease prevention.

How It Affects You

If you're a livestock or poultry producer: Disease reporting is both a legal obligation and your financial protection — the indemnity program means early reporting is rewarded, not punished.

Disease reporting: If you observe clinical signs consistent with a reportable disease (fever, foot lesions in cattle, unusual mortality in poultry, neurological signs), report to your accredited veterinarian and your State Veterinarian's office immediately. For suspected foreign animal diseases — foot-and-mouth disease, African swine fever, highly pathogenic avian influenza, or other foreign animal diseases not normally present in the U.S. — call USDA's emergency hotline: 1-866-536-7593 (24/7). APHIS takes suspected FAD reports extremely seriously and typically dispatches a Foreign Animal Disease Diagnostician (FADD) within 24 hours for investigation.

Indemnity claims: When APHIS orders your animals quarantined or destroyed, you're entitled to fair market value under 7 U.S.C. § 8306. During the 2022-onward HPAI outbreak, USDA paid over $1 billion in indemnity to affected poultry and dairy producers. To file an indemnity claim: (1) Work with the APHIS Area Veterinarian in Charge (AVIC) for your state — they coordinate indemnity appraisals; (2) Indemnity values are established by appraisal before or at time of depopulation — dispute the appraisal value before you sign; (3) Claims are paid through USDA APHIS Veterinary Services. Delays in indemnity payment are common during large outbreaks when the program is overwhelmed — document everything and maintain records of your herd/flock values (insurance records, recent sales prices, auction records) to support your appraisal.

Cooperation obligation: Once APHIS determines your premises is infected or exposed, you are required to cooperate with quarantine, movement restriction, and depopulation orders. Failure to cooperate can result in civil penalties up to $50,000 per violation (first offense) or criminal prosecution. The practical message: hiding disease is always worse than reporting it — indemnity is available for cooperative producers; it's not for those who conceal disease and allow it to spread.

If you're a traveler or bring animals/animal products into the United States: APHIS enforces strict import rules at all ports of entry — airports, seaports, and land borders. Customs and Border Protection agricultural specialists work under APHIS authority.

Items you cannot bring without declaration and clearance: (1) All meat, poultry, and animal products from countries with certain diseases must be declared and may be confiscated — even commercially packaged products purchased in another country; (2) Fresh, dried, or canned pork products from countries with African Swine Fever (most of Europe, Asia, Caribbean) are prohibited; (3) Poultry and eggs from HPAI-affected countries may be restricted; (4) Live animals (pets included) require health certificates from a licensed veterinarian and may require import permits and quarantine. The USDA's import requirements by country and commodity are at aphis.usda.gov/traveling-with-pets-and-animals — check before traveling.

Penalties for not declaring: Undeclared animal products are seized without compensation. You also face civil penalties and, for deliberate smuggling of prohibited agricultural products, criminal prosecution (up to 5 years under the animal health statutes). CBP's beagles (the "Beagle Brigade") and USDA's X-ray and inspection systems are remarkably effective at detecting undeclared meat, produce, and animal products.

If you're a licensed veterinarian considering APHIS accreditation: APHIS accreditation allows you to issue health certificates for interstate and international animal movement, conduct federally required disease testing (TB, brucellosis), perform official inspections, and issue certificates for export. Accreditation opens a significant practice area — particularly for large animal and equine practitioners whose clients frequently move animals across state lines.

To apply: enroll in the National Veterinary Accreditation Program (NVAP) at aphis.usda.gov/nvap. Complete the online orientation, pass the competency assessment for your category (equine, food animal, companion animal), and contact your APHIS Area Veterinarian in Charge for your state license verification. Accreditation is free and valid for 3 years. Renewal requires completing continuing education modules (category-specific topics including any emerging disease updates). You retain your private practice license independently — accreditation adds federal authorities on top of your state licensure.

If you're a hunter who takes deer, elk, or other cervids: Chronic wasting disease (CWD) is a fatal prion disease affecting deer, elk, and moose — present in at least 37 U.S. states (Delaware confirmed its first case in April 2026) and 5 Canadian provinces as of 2026 (per USGS/CDC tracking). APHIS monitors CWD spread under its animal health authorities, and the CDC advises against eating meat from CWD-positive animals.

Interstate transport restrictions on cervid carcasses are designed to prevent CWD spread. Most states prohibit import of high-risk cervid parts from states with known CWD — including the brain, spinal cord, skull with brain, eyes, spleen, lymph nodes, and any tonsils. Allowed for transport: deboned meat, cleaned skull caps (no brain/spinal tissue), taxidermist-prepared mounts with hide. Before transporting harvested cervid remains across state lines, check the destination state's regulations — enforcement varies but violations can result in confiscation. Find CWD maps by state at cwd-info.org and state wildlife agency websites.

State Variations

Federal animal health law works in partnership with state veterinary programs:

• Every state has a State Veterinarian and state animal health agency
• State veterinarians are the primary field-level disease investigators and responders
• Federal-state cooperative disease programs (brucellosis, tuberculosis, scrapie) share costs and responsibilities
• State animal health laws may impose additional requirements for interstate or intrastate movement
• States maintain their own quarantine and disease reporting systems that interface with the federal framework

Implementing Regulations

• 9 CFR Parts 71–99 — APHIS animal health regulations (interstate movement, import/export, disease testing, quarantine, veterinary biologics, animal identification)

• 9 CFR Part 71 — General Provisions (19 sections — the foundational cross-cutting framework that underlies all of APHIS's disease-specific interstate movement regulations in Parts 72-99; establishes the Secretary's quarantine authority, the approved disinfectant list used across all disease control programs, the basic sanitation and movement rules that apply whenever an animal disease outbreak occurs, and the infrastructure requirements for approved livestock facilities; authority: 7 U.S.C. §§ 8301–8317):

  • § 71.2 — Secretary's quarantine and interstate movement authority: the Secretary of Agriculture may restrict the interstate movement of animals and poultry when any disease of livestock or poultry poses a risk of spread in interstate commerce; the authority triggers across all diseases affecting animals in interstate trade, not just the species-specific diseases listed in the disease-specific parts; Part 71's breadth means it is the regulatory basis for emergency movement restrictions issued when a new or previously absent disease is detected
  • § 71.3 — General diseases restricting interstate movement: any animal or poultry affected with certain diseases may not move interstate; the listed diseases include those considered endemic but controlled in the U.S. — equine piroplasmosis, bovine tuberculosis, brucellosis, equine infectious anemia, and others — as well as any disease for which APHIS has established specific quarantine rules; the general prohibition is the catch-all for diseases not yet assigned their own Part
  • § 71.4 — Facility and premises sanitation: yards, pens, chutes, alleys, and other facilities used in the interstate shipment of animals must be maintained in a sanitary condition; when disease is detected, the facility must be cleaned and disinfected before further use; animals that have been exposed to diseased animals are officially classed as "exposed" and are subject to the movement restrictions applicable to affected animals — the exposure classification is the regulatory mechanism that extends quarantine beyond confirmed cases to at-risk contacts
  • § 71.5 and 71.6 — Conveyance sanitation: no railroad car, truck, boat, aircraft, or other conveyance that APHIS deems unsanitary or potentially disease-contaminated may move animals or poultry in interstate commerce; the carrier bears responsibility for cleaning and disinfecting such conveyances before reuse; APHIS or state authorities may order a conveyance stopped for inspection at any time during transit
  • § 71.7 — Methods of cleaning and disinfecting: specifies approved cleaning sequences for railroad cars, trucks, and other transport vehicles — removing organic matter before applying disinfectant is the mandatory first step, since residual feces, blood, or feed materials will neutralize most chemical disinfectants; APHIS-approved disinfectants used for decontamination must be from the list in §§ 71.10–71.12
  • § 71.10 — Permitted disinfectants: the authorized chemical list for use on vehicles, premises, cages, and equipment in APHIS disease control programs; includes cresylic disinfectant (4+ oz/gallon), lye/sodium hydroxide (3% solution), sodium carbonate (4% solution), formaldehyde gas, steam, and other agents; each approved disinfectant has specified concentrations and contact times for different applications; approved disinfectant lists have been updated over time as new chemical agents were evaluated and older compounds (like mercuric chloride) were discontinued due to toxicity
  • §§ 71.11–71.12 — Specific disinfectant specifications: cresylic disinfectant must meet specified phenol coefficient standards; sodium orthophenylphenate (sodium o-phenylphenate) is approved specifically for TB-infected premises at one pound per 12 gallons of water — a more potent solution than general disinfection given TB's robust environmental survival
  • § 71.13 — APHIS inspection in transit: any person or corporation with control over interstate shipment of livestock or poultry must, when directed by an APHIS inspector, stop the shipment in transit for examination; the transit inspection authority allows APHIS to intercept and evaluate shipments that may have escaped proper pre-movement certification; failure to comply is an independent violation regardless of the health status of the animals
  • § 71.14 — Slaughter authority and compensation: when necessary to prevent the spread of any contagious, infectious, or communicable disease, APHIS may direct the slaughter of affected animals; compensation is determined by appraisal (APHIS representative plus owner or state representative); this general slaughter and compensation authority is the template for the disease-specific indemnity programs in Parts 50 (TB), 51 (brucellosis), and 53 (FMD/HPAI)
  • § 71.15 — Movement from quarantined to free areas: livestock or poultry may not move from a quarantined area to a free area except with APHIS authorization and under conditions designed to prevent disease spread; the specific conditions depend on the disease involved and the state of the quarantine at the time of movement
  • § 71.16 — Certification for interstate movement: APHIS or state officials may certify animals as eligible for interstate movement following inspection; certifying officials must have appropriate APHIS authority; certification creates the paper trail that receiving states and markets rely on to verify the disease status of incoming animals
  • § 71.19 — Swine identification in interstate commerce: all swine moved in interstate commerce must be individually identified with an ear tag, tattoo, or other official identification; the swine-specific identification requirement reflects pork's importance in interstate commerce and the risk of disease spread through unidentified animals — the Part 71 swine ID requirement operates alongside Part 86's broader animal disease traceability framework
  • § 71.20 — Approval of livestock facilities: markets, auction barns, stockyards, and similar facilities used in interstate livestock commerce must receive APHIS approval; approval requires sanitation standards, disease reporting procedures, and qualified personnel; APHIS-approved facilities are the controlled points where interstate livestock commerce concentrates — ensuring approved facility status maintains the chain of oversight across interstate movement events
  • §§ 71.21–71.22 — Testing and laboratory approval: livestock moving interstate for slaughter may be required to provide tissue and blood samples for disease testing; state, university, and private laboratories must obtain APHIS approval before conducting official disease testing used in interstate movement certification

  Part 71 is the procedural skeleton on which APHIS hangs all disease-specific interstate movement programs. When a new disease emerges or a familiar disease reappears in a previously-free state, APHIS's immediate regulatory tools — quarantine authority (§ 71.2), in-transit inspection (§ 71.13), disinfection requirements (§§ 71.4–71.12), facility controls (§ 71.20) — all trace directly to Part 71. The disease-specific Parts (72, 73, 77, 78, 79, 82, 85, 86, etc.) specify the particular movement conditions and testing requirements for each disease, while Part 71 provides the underlying enforcement infrastructure. Most recent amendment: 55 FR 11156 (March 1990) — updated swine identification requirements; the General Provisions framework itself has remained stable for decades while the disease-specific parts evolve.

• 9 CFR Part 77 — Tuberculosis — the APHIS interstate movement regulations for bovine TB eradication, implementing one of the U.S.'s most successful long-running animal disease control programs. The U.S. officially achieved "modified accredited" TB-free status nationally in 1917 but continues to monitor and restrict movement because occasional outbreaks (particularly from wildlife reservoirs) require ongoing vigilance. Part 77 governs cattle, bison, and captive cervids (deer, elk, moose). Key provisions:

  • State/Zone Classification System (§§ 77.10–77.16 for cattle/bison; §§ 77.22–77.32 for cervids): APHIS classifies each state and designated zone into one of five TB status categories based on herd prevalence and testing compliance — from most to least restrictive: (1) accredited-free: the highest status; all herds tested and passed; cattle from accredited-free states may move interstate freely; (2) modified accredited advanced: very low prevalence; interstate movement requires a negative TB test within the past year or other documented testing; (3) modified accredited: low but detectable prevalence; more frequent testing requirements for interstate movement; (4) accreditation preparatory: working toward modified accredited; movement restrictions apply; (5) nonaccredited: active TB problem with insufficient progress; most restrictive movement requirements. As of 2024, no U.S. states are in "nonaccredited" or "accreditation preparatory" status for cattle — a historic achievement of the eradication program; the one remaining concern area is a zone in Michigan covering Alcona, Alpena, and Montmorency counties (northeastern Lower Peninsula) where bovine TB circulates in white-tailed deer populations, creating spillover risk to cattle herds
  • § 77.17 — Movement restrictions for reactors and suspects: cattle and bison that have been classified as TB reactors (tested positive) may be moved only directly to slaughter under state or federal supervision; no other movement is permitted; suspects (exposed to TB-positive animals but not yet tested) may move only under official permit to specific destinations (such as a feedlot or directly to a diagnostic laboratory); movement in violation of these restrictions is a federal crime under the Animal Health Protection Act
  • § 77.18 — Administrator exceptions: in specific cases, the APHIS Administrator may authorize interstate movement of cattle or bison that would not otherwise qualify, with the concurrence of the destination State's animal health official; this allows for science-based flexibility (e.g., moving animals for research or under enhanced biosecurity conditions) without blanket exceptions that would undermine the program
  • § 77.19 — Cleaning and disinfection requirements: all conveyances, equipment, premises, and structures that received cattle or bison classified as reactors or known to be exposed to TB must be cleaned and disinfected under state or federal supervision before reuse; disinfection must use an approved tuberculocidal agent; failure to clean and disinfect before reusing equipment to transport other animals is a significant violation with disease-spread implications
  • Subpart C — Captive Cervids (§§ 77.21–77.32): a separate, parallel classification system applies to captive deer, elk, and other cervids, which can serve as a wildlife reservoir for bovine TB — different from domestic livestock in that wild cervid populations cannot be "tested and removed" the way cattle herds can. Captive cervid operations (deer farms, elk ranches, game operations) must participate in a certified herd program with defined TB testing intervals; interstate movement of captive cervids requires a certificate of veterinary inspection documenting TB status. Michigan's zone classification for captive cervids tracks the same geography as the cattle zone — the white-tailed deer reservoir in northeastern Michigan is the principal ongoing challenge to full national TB eradication

  The bovine TB eradication program is one of APHIS's longest-running and most successful cooperative federal-state programs. Federal funding provides indemnity payments to producers when animals must be destroyed under the program (fair market value minus any insurance), and state veterinarians do much of the testing and movement certification. The economic stakes are high: if a state loses its accredited-free status (e.g., due to an outbreak), its cattle producers may face interstate movement restrictions that significantly disrupt marketing; the Canadian and Mexican borders also factor in — TB test requirements for import/export coordinate with Part 77 standards.

  Recent rulemakings: 78 FR 2066 (2013) — updated testing intervals and classification criteria for accredited-free maintenance. 79 FR 43926 (2014) — modified accredited advanced zone designation for Michigan. No significant amendments since 2014, reflecting the program's stable near-eradication state.

• 9 CFR Part 94 — Foot-and-Mouth Disease, Newcastle Disease, Highly Pathogenic Avian Influenza, African Swine Fever, Classical Swine Fever, Swine Vesicular Disease, and Bovine Spongiform Encephalopathy: Prohibited and Restricted Importations (31 sections — the APHIS import prohibition regulations for the diseases considered the highest threat to U.S. livestock security; implements the Secretary's authority under 7 U.S.C. § 8303 to restrict imports):

  • § 94.1 — Foot-and-mouth disease (FMD) import prohibitions: APHIS maintains a list of countries and regions where FMD exists; from these regions, importation of ruminants, swine, and most ruminant and swine products is prohibited unless specifically authorized by APHIS; the prohibition is unconditional for live animals; certain processed products (cooked beef, dairy products pasteurized at specific temperatures) may be imported under specific conditions; FMD-free countries (including the United States) are protected by this absolute prohibition — FMD has been absent from the U.S. since 1929, and its reintroduction could cost the U.S. livestock industry $10+ billion and result in immediate loss of export markets worth $8+ billion annually

  • § 94.4 — Newcastle disease: highly pathogenic strains of Newcastle disease (HPND) in poultry are subject to similar import prohibitions from affected regions; APHIS maintains a list of Newcastle-affected regions; commercially processed poultry products from affected regions may be authorized under specific processing conditions; Newcastle has historically been a recurring problem in backyard and commercial poultry flocks in the United States

  • § 94.6 — Highly pathogenic avian influenza (HPAI): imports of live poultry, poultry products, and potentially contaminated materials from HPAI-affected regions are prohibited or severely restricted; APHIS updates the list of affected regions rapidly during outbreak events (major trading partners like China, the EU, and South Korea have been on restricted lists at various times); the 2022-2024 HPAI H5N1 outbreak demonstrated the domestic biosecurity challenges when a virus establishes in wild bird populations — the import restrictions were largely already triggered before the domestic outbreak began

  • § 94.8 — African swine fever (ASF): import of swine, pork, and pork products from ASF-affected regions is prohibited; ASF has spread globally from Africa to Europe and Asia since 2018 and reached the Americas (Dominican Republic, Haiti, Cuba, Jamaica) in 2021-2022; the proximity of ASF to the U.S. has heightened biosecurity urgency — USDA has conducted exercises simulating a U.S. ASF incursion; human-assisted movement of contaminated pork products (travelers bringing salami, sausage, or other pork from ASF countries) is the primary introduction risk

  • § 94.18–94.19 — Bovine spongiform encephalopathy (BSE, "mad cow disease"): importation of edible bovine products is regulated based on APHIS's classification of the exporting country's BSE risk: (1) negligible risk: countries with robust surveillance, no domestic-origin cattle with atypical BSE, and enhanced feed ban compliance — these countries may export most beef products freely; (2) controlled risk: countries with an established but controlled BSE situation — certain cattle and beef products may be imported with specified age restrictions (bone-in beef from cattle under 30 months); (3) undetermined/higher risk: more restrictive import conditions; the U.S. was affected by BSE in 2003 (one case with Canadian origin), triggering import bans from major trading partners that took years to lift — the regulatory importance of maintaining the U.S.'s negligible-risk status is enormous for export markets

  Part 94 is the operational implementation of U.S. animal health border security. The regulations are frequently amended in response to changing international disease situations — a single new FMD or HPAI outbreak in a major trading partner requires immediate APHIS rulemaking to restrict or prohibit imports from the affected region. APHIS uses a two-track system: formal rulemaking for major changes and immediate action notifications (Federal Register documents that take effect upon publication for emergency situations). The regulations are also coordinated with USDA Agricultural Marketing Service trade standards and with WTO Sanitary and Phytosanitary (SPS) obligations — import restrictions must be scientifically justified to withstand WTO challenge. Recent rulemakings: 78 FR 72999 (December 2013) — consolidated amendments to FMD, ASF, and other disease restrictions.

• 9 CFR Part 56 — Control of H5/H7 Low Pathogenic Avian Influenza (LPAI): APHIS's program to eradicate H5 and H7 strains of low pathogenic avian influenza (LPAI) from U.S. poultry — the strains that, while less deadly than HPAI in poultry, can mutate into highly pathogenic forms and create export market disruptions:

  • § 56.2 — State cooperation: APHIS works cooperatively with State animal health agencies (Cooperating State Agencies) to eradicate LPAI; APHIS may pay eligible costs to cooperating states for surveillance, testing, and control activities; the cooperative structure mirrors how most federal animal disease programs work — federal funding, federal standards, but state-level implementation through state veterinarians
  • § 56.3 — Indemnity and compensation eligibility: APHIS may pay indemnity for the destruction of infected or exposed poultry and eggs and compensation for cleaning and disinfecting premises after depopulation; eligibility for 100% federal cost coverage requires that the state have an approved "Initial State Response and Containment Plan" (§ 56.10) in place before an outbreak — states without a response plan receive less favorable cost-sharing; this requirement incentivizes states to prepare response plans before outbreaks, not after
  • § 56.4 — Indemnity valuation: indemnity for destroyed poultry is based on fair market value as determined by an appraisal conducted by APHIS and state representatives; the appraisal establishes the value of the birds at the time of condemnation (before destruction), protecting poultry owners from losses at appraised value; indemnity for eggs is based on commercial value at time of appraisal; equipment losses (such as specialized poultry-house equipment contaminated beyond decontamination) may also be compensable
  • § 56.5 — Destruction and disposal methods: APHIS-approved depopulation methods (CO2 gassing, cervical dislocation, or other approved methods) must be used; carcasses must be disposed of by burial, composting, incineration, or rendering in accordance with APHIS and state environmental regulations; the premises must then undergo cleaning and disinfection ("C&D") verified by APHIS before restocking is permitted — the time between depopulation and restocking has major economic consequences for affected poultry operations
  • § 56.10 — Initial State Response and Containment Plan requirements: to qualify for 100% federal cost sharing, each state must have in place a written response plan covering: rapid reporting of suspect cases, immediate containment zone establishment, rapid state laboratory testing capacity, emergency procurement authorities for depopulation equipment, and coordination with APHIS and other states; the plan must be approved before an outbreak and must be regularly exercised

  The LPAI program is the lower-urgency cousin of APHIS's HPAI (highly pathogenic avian influenza) response. LPAI H5 and H7 strains are concerning because they can mutate to HPAI — so APHIS and states work to eradicate them before mutation occurs. The poultry industry's major concern is less the mortality rate of LPAI (which is low) than the trade consequences: many countries impose import bans on poultry from regions with any H5 or H7 detection, making rapid eradication essential for protecting export markets. The indemnity structure incentivizes producers to report suspected cases quickly — producers who self-report and participate in the control program receive full fair market value; producers who conceal infections face loss of indemnity eligibility. The 2015 HPAI outbreak (which killed or required depopulation of 50 million birds in the Midwest) demonstrated both the LPAI/HPAI connection and the massive financial exposure from large outbreaks — the federal government paid over $900 million in indemnity and response costs.

• 9 CFR Part 161 — Requirements and Standards for Accredited Veterinarians: the APHIS regulations establishing qualifications, responsibilities, and accountability for the National Veterinary Accreditation Program (NVAP) — the federal certification program that authorizes private veterinary practitioners to perform official USDA functions such as issuing health certificates for interstate animal movement, certifying animals for export, and conducting official disease testing:

  • § 161.1 — Accreditation eligibility: to become an accredited veterinarian, a practitioner must (1) hold a Doctor of Veterinary Medicine or equivalent degree from an accredited school; (2) be licensed to practice in the state where accreditation is sought; and (3) complete required online NVAP training modules (covering federal animal health regulations, disease reporting, record-keeping, and official health certificate completion); applicants apply through APHIS's online NVAP portal; accreditation is state-specific — a vet accredited in Texas must seek separate accreditation in Louisiana to perform official functions there
  • § 161.2 — Categories of accreditation: APHIS created a Category I / Category II accreditation structure: (a) Category I — authorized to perform official functions for animals other than poultry (cattle, swine, horses, sheep, goats, dogs, cats, and other pets) — this is the most common accreditation, primarily used for companion animal export certificates and livestock health certificates; (b) Category II — authorized to perform the full Category I functions PLUS official functions involving poultry — requires additional training modules on poultry disease recognition, biosecurity, and reporting; Category II veterinarians are the critical field infrastructure for HPAI surveillance and response, as they conduct the official premises visits, sampling, and certifications that feed into APHIS's national disease monitoring system
  • § 161.3 — Responsibilities: accredited veterinarians are responsible for: (1) completing required training and maintaining accreditation currency; (2) having thorough knowledge of federal regulations for interstate and international animal movement; (3) reporting any known or suspected reportable disease (including FMD, HPAI, BSE, ASF) to APHIS or the State animal health official within 24 hours of discovery; (4) keeping accurate records of all official functions performed; (5) using only official USDA health certificate forms for interstate or international movement; the reporting obligation is the most consequential provision — accredited vets are often the first point of contact for a producer with a sick animal, making their disease-recognition training and mandatory reporting critical to early outbreak detection
  • § 161.4 — Training requirements: new accredited veterinarians must complete NVAP online training within 90 days of receiving provisional accreditation; established accredited veterinarians must complete continuing education modules (currently required every 3 years for Category I and more frequently for Category II); training is available through APHIS's Learning Center portal; failure to maintain training currency results in automatic suspension of accreditation until training is complete
  • § 161.6 — Suspension and revocation: APHIS may suspend accreditation when a veterinarian fails to meet requirements or perform official functions correctly; revocation (permanent removal) may result from fraud, willful falsification of official certificates, or repeated failure to comply; administrative proceedings under 7 CFR Part 1 govern the suspension/revocation process; false certification on a USDA health certificate is a federal crime under 18 U.S.C. § 1001

  The NVAP accredits approximately 70,000 veterinary practitioners across the United States — nearly two-thirds of all licensed practicing veterinarians participate. This network is the backbone of routine animal health verification for the massive commerce in live animals: the estimated 400,000+ interstate health certificates issued annually for horses, cattle, pigs, and companion animals; the millions of USDA-endorsed export health certificates for animals and animal products; and the official HPAI/BSE/FMD surveillance testing conducted at the producer's farm. Without accredited veterinarians performing official functions, the interstate and international movement of livestock would require USDA to station thousands of federal veterinarians at every livestock farm and veterinary clinic — accreditation is the delegation mechanism that makes the entire system workable at scale. Recent rulemakings: 79 FR 25553 (May 2014) — established the Category I/II structure; 83 FR 12565 (March 2018) — updated training requirements and online accreditation portal.

• 9 CFR Part 81 — Chronic Wasting Disease (CWD) in Deer, Elk, and Moose: the APHIS interstate movement regulations for farmed and captive cervids (deer, elk, moose) with respect to CWD — the fatal prion disease, related to scrapie and BSE ("mad cow"), that has spread to wild and farmed cervid populations across North America. CWD is 100% fatal in infected animals, has no treatment, and persists in soil for years. Key provisions:

  • § 81.2 — Identification requirements: any deer, elk, or moose moved interstate must be identified by at least two forms of official identification (RFID ear tag plus secondary ID); the dual-ID requirement reduces the risk that a single lost tag leaves animals untraced across state lines
  • § 81.3 — Interstate movement restrictions: farmed or captive cervids may only move interstate if they (a) are enrolled in a CWD Herd Certification Program at the appropriate status level (based on years of negative annual surveillance); or (b) meet specific negative CWD test criteria; animals from herds with confirmed CWD cases or exposed herds are prohibited from interstate movement until the herd achieves clean status through annual surveillance; the Herd Certification Program creates incentive for producers to maintain rigorous surveillance by tying access to interstate markets to herd status
  • § 81.4 — Certificates: health certificates for interstate cervid movement must include official animal ID numbers, origin/destination premises, and the herd's CWD Certification Program status; state veterinarians and accredited veterinarians issue the certificates
  • § 81.6 — Federal preemption: state and local regulations on farmed/captive cervids that are more restrictive than the federal rules are not preempted — states may maintain tighter CWD movement rules than Part 81 requires; this preserves state authority to respond to local CWD outbreaks without federal interference

  CWD has been detected in wild or farmed deer/elk in more than 30 states and multiple Canadian provinces, making it the most geographically widespread prion disease in North America. APHIS's regulatory focus on farmed cervids (the sector it has direct authority over) aims to prevent interstate spread through commercial movement while state wildlife agencies manage wild deer populations under their own authority. The farm-wildlife interface — where infected wild deer contact farmed herds — remains the primary transmission pathway that the certification program cannot fully address.

• 9 CFR Part 86 — Animal Disease Traceability: the APHIS national animal identification and recordkeeping framework requiring that livestock moved interstate be officially identified and accompanied by documentation that enables traceability — the ability to quickly identify and locate animals during a disease outbreak investigation. Part 86 implements the lessons of the 2003 bovine spongiform encephalopathy (BSE) scare and the 2014–2016 highly pathogenic avian influenza outbreak, both of which demonstrated that slow animal traceback significantly hampered response. Key provisions:

  • § 86.2 — General traceability requirements: any person moving covered livestock (cattle and bison, horses and other equines, sheep and goats, swine, poultry, and captive cervids) across state lines must ensure the animals are officially identified and accompanied by required documentation; the official ID must be attached to the animal (or, for poultry, affixed to the flock) before movement begins
  • § 86.4 — Official identification devices and methods: APHIS has approved a range of official ID including (a) the 15-digit Animal Identification Number (AIN) — a nationally unique ID that can be embedded in RFID ear tags and managed in national databases; (b) National Uniform Eartagging System (NUES) metal ear tags for cattle; (c) brands, tattoos, and breed registration numbers where approved for specific species; RFID-based AIN tags are the primary direction — enabling electronic traceback rather than paper-based systems
  • § 86.3 — Recordkeeping: states, tribes, accredited veterinarians, and dealers who distribute official ID devices must maintain records of distribution for 5 years; producers and owners must retain movement documentation for the same period; recordkeeping is the enforcement foundation — an outbreak investigation that can't find movement records is essentially blind
  • § 86.5 — Documentation for interstate movement: covered livestock must be accompanied by an official certificate of veterinary inspection (CVI) (for most species), a VS Form 1-27, brand inspection certificate, or owner-shipper statement depending on species and movement type; the documentation must include the official ID numbers of all animals and the origin/destination premises

  Animal disease traceability was one of the most contested agricultural regulations of the 2000s — APHIS originally proposed a mandatory National Animal Identification System (NAIS) in 2004 that required all livestock premises to register and all animals to have RFID tags with 48-hour traceback capability; the proposal was withdrawn in 2010 after intense opposition from small producers and religious groups who objected to mandatory registration. Part 86, finalized in 2013, is the scaled-back outcome — requiring only official ID for interstate movement rather than all livestock; the 48-hour traceback standard was effectively abandoned. Recent rulemakings: 78 FR 2040 (January 2013) — original Part 86 rule; APHIS has ongoing rulemaking to strengthen cattle traceability requirements (mandatory RFID tags for cattle, proposed rule 87 FR 22680, April 2022, final rule pending).

• 9 CFR Part 145 — National Poultry Improvement Plan for Breeding Poultry (NPIP, 51 sections across 10 subparts): a voluntary federal-state-industry cooperative program under 7 U.S.C. §§ 8302, 8316, and 8317 that tests breeding flocks and hatcheries for specific poultry diseases and allows participating operations to certify their birds with official USDA status designations. The NPIP focuses on the genetic foundation of commercial poultry — the primary and multiplier breeding flocks whose eggs and chicks supply the billions of birds produced annually in the United States — ensuring that diseases like Salmonella Pullorum, Salmonella Typhoid, Mycoplasma gallisepticum, and Mycoplasma meleagridis do not propagate through the breeding chain. Part 145 covers breeding poultry (parent and grandparent flocks); Part 147 (companion regulation) covers commercial poultry. The program is administered through Official State Agencies (OSAs) — state departments of agriculture — that test flocks and issue status certifications on APHIS's behalf.

  • § 145.10 — Terminology and classification: participating flocks and their products may carry official NPIP status designations — for example, "U.S. Pullorum-Typhoid Clean" (the flock has tested negative for Pullorum disease and Fowl Typhoid within the past 12 months); "U.S. M. Gallisepticum Clean" (negative for MG, a chronic respiratory disease); and others. These designations appear on hatchery documents, invoices, and health certificates and function as quality signals in commercial poultry commerce — buyers of hatching eggs and chicks rely on NPIP status to assess disease risk
  • §§ 145.11–145.12 — Supervision and inspection: each participating hatchery must be audited at least once annually by the OSA; the OSA may designate qualified persons as Authorized Testing Agents to conduct blood testing and sample collection; APHIS retains oversight authority over the OSA's program administration; participating flocks must have all records available for OSA or APHIS review
  • § 145.13 — Debarment: participants found noncompliant after OSA investigation may be barred from NPIP participation; debarment eliminates the commercial value of the NPIP certification for that operation — a significant market consequence given that many commercial poultry buyers require NPIP-certified sources
  • § 145.14 — Testing requirements: poultry must be over 4 months of age when tested for official classification (with exceptions for turkey candidates and game birds); the Official State Agency sets testing intervals and protocols within APHIS minimums; all testing must use APHIS-approved diagnostic methods; the testing network is built on accredited veterinary laboratories coordinated by state animal health laboratories
  • Subpart D — Turkey Breeding Flocks: turkey breeding flocks face additional disease testing requirements, including Mycoplasma meleagridis (MM), a disease specific to turkeys that causes air sacculitis in poults and reduces hatchability; MM-clean status requires negative test results from multiple flock samplings
  • Subpart E — Hobbyist/Exhibition Poultry and Raised-for-Release Waterfowl: the NPIP covers not just commercial breeding operations but also smaller-scale exhibition poultry (show birds) and waterfowl raised for hunting release programs; these categories have separate, generally less onerous participation tracks reflecting their different biosecurity context compared to commercial production
  • Subparts G and H — Primary Egg-Type and Meat-Type Chicken Breeding Flocks: the highest-tier breeding flocks (grandparent and great-grandparent lines owned by companies like Cobb-Vantress, Aviagen, and Hy-Line) must meet the most rigorous NPIP standards; these primary breeding flocks produce the hatching eggs distributed to multiplier farms, which in turn produce commercial poults and chicks; a disease introduction at the primary breeder level propagates through the entire production pyramid

  The NPIP's economic significance extends beyond the direct flock value: commercial poultry exporters depend on NPIP certification as a prerequisite for export health certificates — importing countries accept NPIP as documentation of U.S. disease status. During the 2022–2024 HPAI H5N1 outbreak, NPIP's infrastructure (flock records, OSA testing networks, official status designations) became critical to response — identifying which breeding flocks had been exposed, controlling interstate movement of potentially exposed hatching eggs and chicks, and eventually certifying flocks as HPAI-negative to restore interstate commerce. The voluntary nature of the NPIP means industry participation is near-universal because market access effectively requires it: major commercial hatcheries, retail chains, and export buyers all specify NPIP-certified sources.

• 9 CFR Part 95 — Sanitary Control of Animal Byproducts (Except Casings), and Hay and Straw, Offered for Entry into the United States: the APHIS import prohibition and condition framework for animal-derived materials that could carry foreign animal diseases — including BSE (bovine spongiform encephalopathy, "mad cow disease") — into the United States. Part 95 reflects the public health and agricultural biosecurity principles of the Animal Health Protection Act (7 U.S.C. §§ 8301–8316). Key provisions:

  • § 95.2 — Region of origin: no animal byproducts may be imported unless the region of origin is known; APHIS maintains a list of regions and their disease status (BSE risk category: negligible, controlled, undetermined); the permissible entry conditions in subsequent sections vary by the risk category of the region from which the product originates
  • § 95.10 — Dicalcium phosphate derived from bovines: dicalcium phosphate (used in fertilizers and animal feed) derived from bovine sources in controlled or undetermined BSE risk regions is prohibited unless it meets specific heat-treatment and processing conditions to inactivate BSE prions; dicalcium phosphate from negligible risk regions may enter under relaxed conditions
  • § 95.11 — Specified risk materials (SRMs): regardless of any other provision, the importation of SRMs from bovines is prohibited from all regions with controlled or undetermined BSE risk; SRMs include the skull, brain, spinal cord, eyes, tonsils, and portions of the small intestine — the tissues where BSE prions accumulate; the SRM prohibition is absolute because no heat treatment or processing reliably inactivates BSE prions in these high-risk tissues
  • §§ 95.16–95.17 — Untanned hides, skins, and bird trophies: untanned bovine hides from controlled-risk regions may enter if they have been treated in a way that prevents disease transmission (salted, dried, or chemically treated); bird trophies (mounted birds or feathered skins) from certain regions require permits and treatment to address Newcastle disease and avian influenza risk; ruminant hides from undetermined-risk regions face stricter conditions
  • §§ 95.18–95.19 — Wool, hair, and bristles: wool, hair, and bristles from ruminants in negligible BSE risk regions may enter without restriction; from controlled or undetermined risk regions, the material must meet washing, heat-treatment, or processing standards sufficient to eliminate disease risk; the practical effect is that raw, unwashed ruminant fiber from high-risk countries is restricted, but processed wool tops and combed fiber (which have undergone industrial processing) typically meet the conditions for entry
  • §§ 95.22–95.23 — Bones, horns, and hoofs: clean, dry bones for trophies or museum specimens may enter without restriction regardless of origin; bones, horns, and hoofs for commercial purposes from controlled-risk regions must be processed (degreased, heat-treated, or boiled) to reduce pathogen risk; unprocessed bones from high-risk regions intended for feed or fertilizer are prohibited
  • Hay and straw: Part 95 also governs the importation of hay and straw, which can harbor foot-and-mouth disease virus (FMD) and other plant and animal pathogens; hay and straw from most regions require a permit and must be free of soil, seeds, and live insects; from FMD-affected regions, treatment with formaldehyde or other approved disinfectants may be required

  Part 95's most significant practical effect is its BSE-related provisions, which were substantially strengthened after the December 2003 discovery of BSE in U.S. cattle. Before 2003, the United States imported significant volumes of bovine-derived materials from Canada and other countries without BSE-specific restrictions; after 2003, APHIS revised Part 95 to align with World Organisation for Animal Health (WOAH, formerly OIE) BSE risk categories, creating the current tiered system based on region-specific risk. The regulation also plays a role in FMD prevention — the United States has been free of FMD since 1929, and maintaining that status depends on strict controls on animal materials that could carry the virus. Part 95 works in tandem with 9 CFR Part 94 (which governs live animals and certain processed meats from FMD-affected regions) and Part 96 (which governs animal casings — excluded from Part 95's scope).

• 9 CFR Part 78 — Brucellosis (28 sections): the APHIS interstate movement control framework for eradicating brucellosis — a bacterial disease caused by Brucella abortus that causes spontaneous abortion in cattle and can spread to humans through contact with infected animals or unpasteurized dairy products. Brucellosis eradication in the United States is one of USDA's longest-running livestock disease campaigns: the program began formally in 1934, and by the 1990s most states had achieved "Class A" (brucellosis-free) status. Today the primary reservoir is wildlife — elk and bison in the Greater Yellowstone Area (GYA) continue to expose cattle grazing on public lands. Key provisions:

  • § 78.1 — State classification: states are classified as Class A (free — less than 0.25% of herds infected and less than 0.5% in three consecutive years), Class B (modified accredited — 0.25–1.5% herd prevalence), or Class C (any higher prevalence or no control program). Almost all states are currently Class A; Montana, Idaho, and Wyoming maintain active surveillance programs due to GYA wildlife exposure
  • § 78.9 — Certificates and permits for interstate movement: cattle moved interstate must be accompanied by an official health certificate from an accredited veterinarian showing the animal's official identification, state of origin, and disease test results where required; cattle from Class B and C states face stricter movement conditions
  • § 78.10 — Official vaccination: female dairy cattle in Class B and C states must be officially vaccinated against brucellosis (Strain 19 or RB51 vaccine administered by an accredited veterinarian and tattooed with a distinctive mark); this requirement reflects that dairy cattle are both at higher risk and a transmission pathway to humans via raw milk
  • § 78.11 — Cattle from certified free herds: cattle from herds with an unbroken official record of brucellosis-free testing may move interstate without individual testing, providing a practical alternative to test-and-move restrictions that would create economic disruption for large commercial operations
  • § 78.12 — Cattle from quarantined areas: cattle in states bordering GYA wildlife areas may be subject to area quarantine during high-risk seasons (late spring calving period); movement out of quarantined areas requires permits, additional testing, and sometimes compliance with state-specific vaccination and management requirements
  • § 78.14 — Rodeo and exhibition cattle: cattle moved interstate for rodeos, shows, or exhibitions face streamlined movement rules — a negative brucellosis test within 30 days or official vaccination status qualifies the animal for movement without the full origin-state classification requirements, recognizing that performance cattle travel frequently across state lines
  • § 78.20 — Bison: bison from the GYA (particularly Yellowstone bison) are subject to separate and more restrictive interstate movement conditions reflecting their role as a natural Brucella reservoir; untested bison from the GYA cannot move interstate for any purpose other than direct slaughter; this provision has been central to long-running conflicts between the National Park Service, USDA, and Montana ranchers over bison management

  Part 78 operates alongside 9 CFR Part 77 (Tuberculosis) and Part 80 (Exotic Newcastle Disease) as the three cornerstone APHIS interstate movement control programs for major livestock diseases. The brucellosis program costs the federal government approximately $100 million annually in surveillance, testing, and indemnity payments; cattle producers in GYA-adjacent states face additional compliance costs and occasional movement restrictions during calving season. The World Organisation for Animal Health (WOAH) recognizes the United States as having official brucellosis-free status for cattle, which supports market access for U.S. beef and dairy exports — a status that depends on maintaining the Part 78 surveillance and control infrastructure.

• 9 CFR Part 146 — National Poultry Improvement Plan for Commercial Poultry (28 sections): the NPIP's companion regulation to Part 145, extending the federal-state-industry cooperative testing framework to commercial poultry operations — broiler, turkey, and egg-laying flocks — rather than breeding flocks. While Part 145 focuses on the genetic foundation (primary and multiplier breeders), Part 146 covers the commercial production end: the chickens, turkeys, and table eggs actually consumed. Participation is voluntary but, as with Part 145, near-universal among large commercial operations because buyers, processors, and export customers require NPIP certification. Key provisions:

  • § 146.10 — Supervision by Official State Agency: all NPIP activities under Part 146 are administered by the state Official State Agency (OSA) — typically the state department of agriculture — which issues status designations, conducts audits, and interfaces with APHIS. The OSA structure allows the program to leverage state-level inspection infrastructure rather than requiring a purely federal field presence
  • § 146.11 — Slaughter plant audits: APHIS-authorized inspectors conduct audits of poultry slaughter plants to verify that incoming flocks hold proper NPIP status documentation; this downstream audit reinforces the certification system — birds from non-participating flocks cannot be marketed under NPIP certification, and slaughter plant records provide an independent check on flock-level claims
  • § 146.12 — Debarment: participants found in violation of NPIP requirements may be suspended or permanently debarred from the program; given that commercial poultry buyers and export customers require NPIP certification, debarment functions as a major market consequence beyond any regulatory penalty
  • § 146.13 — Egg and blood sample testing: NPIP participation for commercial egg-laying flocks requires periodic sampling of blood and eggs for specified diseases; testing intervals vary by disease and flock type — Salmonella Enteritidis testing follows more frequent schedules for table egg flocks given SE's direct human food safety relevance
  • § 146.14 — H5/H7 low pathogenic avian influenza (LPAI) diagnostic surveillance: Part 146 includes surveillance requirements for H5 and H7 LPAI strains — the same subtypes that can mutate into highly pathogenic avian influenza (HPAI); commercial flocks in participating states must conduct regular H5/H7 LPAI surveillance, with positive detections triggering mandatory reporting, movement restrictions, and enhanced testing of in-contact flocks. This provision became operationally central during the 2022–2024 HPAI H5N1 outbreak: Part 146's flock records and OSA surveillance networks provided the infrastructure for identifying exposed commercial flocks, controlling interstate movement of potentially exposed table eggs and live birds, and eventually certifying commercial flocks as HPAI-negative to restore market access

  The economic stakes for commercial poultry in Part 146 are substantial: the United States produces approximately 10 billion broilers, 250 million turkeys, and 110 billion table eggs annually. NPIP certification under Part 146 is a prerequisite for participation in most commercial supply chains and for USDA export health certificate issuance. The 2022–2024 HPAI outbreak, which resulted in the depopulation of over 100 million birds and caused egg prices to more than double at retail, demonstrated both the importance of the Part 146 surveillance infrastructure and the economic consequences when HPAI breaches commercial flock biosecurity.

• 9 CFR Part 50 — Animals Destroyed Because of Tuberculosis: the APHIS indemnification regulations that govern how the federal government compensates livestock owners when APHIS or state veterinary officials destroy animals because of tuberculosis. Part 50 is the financial counterpart to Part 77 (interstate movement controls for TB) — the Part 77 framework controls where TB-affected animals can move, while Part 50 governs what owners receive when those animals are ordered destroyed. Without indemnification, livestock producers would have little incentive to cooperate with TB testing programs and would resist reporting positive results. Key provisions:

  • § 50.3 — Animals eligible for indemnity: APHIS may pay indemnity for cattle, bison, or captive cervids (deer, elk) destroyed because they are infected with tuberculosis (reactors to tuberculin tests); exposed animals — those in contact with a reactor — also qualify if the Administrator determines they present an unacceptable risk; suspect animals (not confirmed reactor but with inconclusive test results) may be indemnified after diagnostic slaughter confirms TB
  • § 50.4 — TB classification: cattle are classified as (a) infected — reactor to a tuberculin test; (b) exposed — in contact with infected animals in the same herd; or (c) suspect — inconclusive test results pending further diagnostic work; classification determines the level of mandatory restrictions and indemnification eligibility
  • § 50.6 — Identification: TB-reactor animals must be officially identified (eartag) within 15 days of testing; movement to slaughter under permit must occur within 15 days of identification; delays create disease transmission risk
  • § 50.7 — Destruction: infected animals must go directly to a federally or state-inspected slaughterhouse or to rendering; condemned carcasses cannot enter the human food supply; APHIS may pay half the transportation cost to the slaughter facility
  • § 50.9 — Appraisals: each animal must be appraised within 15 days of TB classification by an APHIS or state representative; appraisal determines fair market value, which sets the indemnity ceiling; owners certify acceptance of the appraisal amount on the claim form
  • § 50.12 — Claims: indemnity claims must be filed on APHIS forms; the owner certifies the animal was not moved without authorization, that required tests were not refused, and that all regulatory requirements were followed; false certification voids the claim
  • § 50.13 — Premises disinfection: after destroying TB-reactor animals, APHIS or the State may require disinfection of all premises, structures, conveyances, and materials that could carry infection; the owner bears this cost, though federal assistance may be available in some circumstances
  • § 50.17 — Dairy operation payments (Subpart B): Congress created a separate supplemental payment program specifically for dairy operations — recognizing that the economic consequences of a TB depopulation order extend beyond the cows themselves to include the ongoing milk revenue stream; dairy owners may qualify for additional payments to cover transition costs including equipment and facility modification if the TB herd must be replaced with a different production system

  The TB indemnification program is inseparable from the testing program in Part 77 — it is the economic mechanism that makes voluntary cooperation with testing commercially rational. APHIS sets indemnity at fair market value of the destroyed animals; federal indemnity covers the federal share of the cost-sharing arrangement with states (typically 60% federal / 40% state, though rates vary). Without this program, TB eradication — which began in the United States in 1917 and has achieved near-elimination in cattle — would be economically impossible to maintain: producers would have no reason to allow testing that could result in mandated slaughter of their livestock.

• 9 CFR Part 51 — Animals Destroyed Because of Brucellosis: the APHIS indemnification regulations for livestock owners whose animals are destroyed because of brucellosis. Part 51 is the financial counterpart to Part 78 (brucellosis interstate movement controls) — the indemnification mechanism that makes producers willing to cooperate with testing and accept mandated destruction rather than resist. Part 51 has two subparts: Subpart A (cattle and bison) and Subpart B (goats, sheep, and horses). Key provisions:

  • § 51.2 / § 51.21 — Cooperative state agreements: APHIS cooperates with state animal health agencies on brucellosis eradication and pays federal indemnity; states typically share costs proportionally; the cooperative framework reflects that brucellosis is a shared federal-state problem with different exposure patterns across regions (GYA wildlife exposure in Montana/Idaho/Wyoming vs. sporadic outbreaks elsewhere)
  • § 51.3 — Payment for cattle and bison (Subpart A): owners of cattle or bison that are infected with or exposed to brucellosis and ordered destroyed may receive federal indemnity; both reactor animals (positive brucellosis test) and exposed animals (in-contact with reactors in the same herd) are eligible; indemnity is paid at fair market value based on official appraisal
  • § 51.4 / § 51.26 — Test record requirement: the claimant must provide information to an APHIS or state representative to compile a complete test record for each animal; the record documents test method, test date, result, animal identification, and the official making the determination; this record is the basis for both the classification decision and the indemnity claim
  • § 51.5 / § 51.27 — Official identification: animals for which indemnity is claimed must be officially identified (eartag or other approved mark) before destruction; identification provides the link between the test record, the claim, and proof of destruction
  • § 51.6 / § 51.29 — Destruction deadline: cattle and bison must be sold under permit to slaughter or disposed of within 15 days of classification; goats, sheep, and horses within a similar deadline; delays increase disease spread risk
  • § 51.7 / § 51.30 — Claim forms: claims must be filed on APHIS forms with the owner's certification that regulatory requirements were followed; the certifications parallel those in Part 50 (TB) — no unauthorized movement, no test refusal, no concealment of exposed animals
  • § 51.24 — Maximum per-head indemnity amounts (goats/sheep/horses): Subpart B provides statutory maximum per-head indemnity rates for small ruminants and horses that differ from cattle — reflecting the different market structures; pure-bred registered animals with higher market values may receive documentation-based higher payments
  • § 51.33 — One-disease rule: if a claim is paid for brucellosis indemnity, no other disease indemnity may be paid for the same animal — preventing double recovery when an animal may have had multiple conditions; this provision reflects that brucellosis and TB can co-occur in the same herd

  The brucellosis indemnification program functions alongside the Part 78 movement control framework to make eradication feasible. Without indemnification, producers would have strong financial incentives to hide brucellosis-positive animals rather than cooperating with testing — undermining the entire eradication structure. The Greater Yellowstone Area (GYA) wildlife reservoir (bison and elk) creates ongoing exposure risk for cattle in Montana, Idaho, and Wyoming; producers in those areas face recurring testing requirements and occasional indemnification claims as wildlife-cattle contact continues. The USDA-APHIS brucellosis program costs approximately $75–100 million annually in combined federal and state indemnification and surveillance costs.

• 9 CFR Part 54 — Control of Scrapie: the APHIS framework for controlling and working toward eradication of scrapie in U.S. sheep and goat flocks. Scrapie is a fatal prion disease of sheep and goats — the first identified transmissible spongiform encephalopathy (TSE), in the same disease family as BSE ("mad cow") and CWD in deer. Scrapie cannot be transmitted to humans, but it causes significant livestock losses and, critically, its presence in the U.S. creates trade barriers that limit sheep and goat exports to Europe and other major markets. The Part 54 program has two components: an eradication/indemnification program for infected and exposed flocks, and a voluntary flock certification program for producers who want to demonstrate their flocks are scrapie-free. Key provisions:

  • § 54.2 — Cooperative state agreements: APHIS executes cooperative agreements with state animal health agencies to jointly administer the Scrapie Eradication Program; states typically conduct testing and flock investigations while APHIS provides funding, laboratory support, and oversight; the federal-state partnership reflects the national scope of the scrapie problem and the local knowledge states bring to flock investigations
  • § 54.3 — Animals eligible for indemnity: APHIS may pay indemnity for sheep and goats (a) confirmed scrapie-positive by laboratory testing, (b) exposed to confirmed scrapie-positive animals, or (c) high-risk genotype animals in affected flocks; indemnity is also available for animals destroyed as part of a "clean-out" of a known-positive flock where removing all potentially exposed animals is the most effective path to eradication
  • § 54.4 — Application process: indemnification applications are typically initiated by the state or APHIS representative working with the flock owner; the owner must agree to the flock management and monitoring plan developed with APHIS before indemnification begins; cooperation with the flock plan is a condition of receiving indemnity
  • § 54.6 — Indemnity amount: APHIS pays fair market value of the destroyed animals; fair market value is based on price report data for similar animals — accredited show animals or registered breeding stock may receive higher valuations than commercial animals reflecting their higher market price; animals with known scrapie-susceptible genotypes may be valued differently from resistant-genotype animals
  • § 54.7 — Destruction procedures: animals to be indemnified must be destroyed on-premises or moved to an approved research facility; all infected animals must be submitted to APHIS-approved laboratories for diagnostic confirmation; the carcasses of scrapie-positive animals must be disposed of in ways that minimize environmental prion contamination
  • § 54.8 — Flock requirements during investigation: while a flock is under investigation, all animals must remain on-premises unless specifically permitted to move; no animals may be sold, given away, or moved without APHIS authorization; the movement freeze is critical because prion diseases have long incubation periods — apparently healthy animals in an affected flock may already be infected
  • §§ 54.20–54.22 — Scrapie Free Flock Certification Program: a voluntary program allowing sheep and goat producers to have their flocks officially certified as scrapie-free by APHIS. Participation requires: enrollment with the state Official State Agency; annual flock inventories and inspections; reporting of all animals sold, purchased, or moved; submission of samples from scrapie-susceptible animals that die in the flock for laboratory examination; and compliance with all program requirements for the designated monitoring period (typically 5 years before achieving "Complete Monitored" status). Certified flocks may carry official USDA certification marks that increase their value in export markets and to buyers who want documented scrapie-free stock
  • § 54.10 — Approved tests: APHIS approves specific diagnostic tests for official use in the scrapie program; approved tests include the immunohistochemistry (IHC) test on brainstem tissue from dead animals and the rectal mucosal biopsy (RMB) test for live-animal diagnosis; live-animal testing enables pre-slaughter identification of infected animals and is critical for both flock certification and indemnification without waiting for natural death

  Scrapie was introduced into the United States in 1947 through imported British sheep and has never been eradicated despite decades of effort. The current program emphasis is on accelerating eradication through genotype-based management: scrapie susceptibility is strongly linked to the ovine prion protein (PRNP) gene genotype, and certain genotypes (QQ at codon 171) are highly susceptible while others (RR) are nearly completely resistant. APHIS promotes breeding toward resistant genotypes as a complement to traditional eradication methods. The scrapie program is a precondition for U.S. sheep and goat export market access — the EU and other major importers require that exported breeding animals come from countries or certified flocks with scrapie-free status.

• 9 CFR Part 79 — Scrapie in Sheep and Goats: Interstate Movement Controls (7 sections — the APHIS interstate movement regulations for scrapie, complementing Part 54's eradication and indemnity program; while Part 54 governs what happens when scrapie is found in a flock — indemnity, depopulation, certification — Part 79 governs how sheep and goats may legally move in interstate commerce given their scrapie status; authority: 7 U.S.C. §§ 8302, 8316, 8317; last major amendment: 84 FR 11195 (March 2019)):

  • § 79.2 — Identification requirements: no sheep or goat that is required to be individually or group identified may move in interstate commerce for sale, transport, exhibition, or other purposes unless officially identified; individually identified animals carry an official ear tag or other approved APHIS identifier linking the animal to flock-of-origin records; the identification requirement is the foundation of the scrapie movement-control system — it enables traceback to the flock of origin if a scrapie-positive animal is later detected at slaughter or at a market
  • § 79.3 — General restrictions: APHIS establishes a tiered movement-restriction system based on the animal's scrapie status: (a) scrapie-positive animals may not move interstate except to a slaughter facility that is a federally inspected official establishment, with an APHIS permit; (b) high-risk animals (female animals from infected flocks, or animals of susceptible genotypes from source flocks) face movement restrictions unless accompanied by an Interstate Certificate of Veterinary Inspection (ICVI) and official identification; (c) exposed animals (animals that have been in contact with scrapie-positive animals but are not yet confirmed positive) face specific restrictions on movement to markets, shows, and other destinations; animals from "scrapie-free" or "certified" flocks under Part 54 face fewer restrictions because their flock status provides evidence of freedom from the disease
  • § 79.4 — Designation of flock and animal status: APHIS conducts classification investigations when a scrapie-positive animal is detected; based on the investigation, APHIS designates the origin flock and exposed animals into official status categories: scrapie-positive, high-risk, exposed, suspect, or source flock; these designations are the legal trigger for movement restrictions under § 79.3; flock owners receive official written notice of their flock's designation, which determines what animals may move where and under what conditions
  • § 79.5 — Interstate Certificates of Veterinary Inspection (ICVI): APHIS requires ICVIs for certain interstate movements of sheep and goats; an ICVI is issued by an accredited veterinarian after examining the animal and confirming its official identification; the ICVI contains: the animal's official ID, the flock-of-origin designation, the veterinarian's certification that the animal shows no clinical signs of scrapie, and the movement purpose; ICVIs are the paper trail that enables APHIS to reconstruct how any specific animal moved through interstate commerce — essential for outbreak investigation and traceback
  • § 79.6 — Consistent State status: states that want to facilitate smooth interstate commerce for their sheep and goat producers can qualify as "Consistent States" by demonstrating that their state-level scrapie regulations and programs meet APHIS minimum standards; Consistent State status means that animals from those states may move with reduced federal documentation requirements because APHIS has determined that the state's own program provides equivalent protection; states without Consistent State status subject their producers to more burdensome federal documentation requirements for interstate movement
  • § 79.7 — Waivers for pilot projects: the Administrator may waive specific Part 79 requirements for participants in APHIS-approved scrapie control pilot projects; the waiver authority allows APHIS to test new approaches to scrapie surveillance, identification technology, or movement control that may eventually become standard requirements — new electronic identification methods have been piloted under this waiver authority before formal rulemaking

  Part 79 and Part 54 together form a complete regulatory picture for scrapie control: Part 54 provides the eradication infrastructure (testing, indemnity, flock certification) and Part 79 provides the movement-control framework that prevents scrapie from spreading to new areas through interstate livestock commerce. The key tension in sheep and goat interstate commerce is between the movement restrictions that protect disease-free states and the economic needs of producers who must move animals to markets, shows, slaughter, and other operations. The tiered system in § 79.3 — where the restrictions depend on the specific animal's status and flock of origin — attempts to concentrate the burden on the highest-risk movements (scrapie-positive animals, high-risk genotypes from source flocks) while minimizing friction for low-risk commerce (animals from certified scrapie-free flocks). Last major amendment: 84 FR 11195 (March 2019) — updated identification requirements to align with the national sheep and goat traceback program.

• 9 CFR Part 82 — Newcastle Disease and Chlamydiosis: the APHIS interstate movement control regulations for two poultry diseases — exotic Newcastle disease (END/VVND), one of the most contagious and economically devastating poultry diseases in the world, and chlamydiosis (psittacosis), a bacterial disease that affects birds and is zoonotic to humans. Part 82 has two subparts:

  Subpart A — Newcastle Disease (§§ 82.1–82.16): When APHIS designates a quarantined area because of Newcastle disease, the following items may not move interstate from that area without a permit: live birds and poultry, dead birds and poultry, manure and litter, eggs (including hatching eggs), and all equipment and vehicles used with infected flocks (§ 82.4). The permit system (§§ 82.11–82.12) allows APHIS to authorize specific movements under conditions that prevent disease spread — for example, allowing dressed carcasses from unexposed flocks to move to federally inspected slaughter facilities if accompanied by a permit and health certificate. Quarantine removal (§ 82.14) requires: all exposed birds have been found free of disease or destroyed, all premises have been cleaned and disinfected, and a waiting period has elapsed with no new positive findings. Pet birds receive a special exemption (§ 82.5(a)) — an individual may move their own pet birds from a quarantined area if the birds are not known to be infected or exposed, are accompanied by an owner's certificate, and travel directly to a licensed veterinarian for examination at the destination. The extraordinary emergency provision (§ 82.16) allows the Secretary of Agriculture to supersede all interstate movement requirements when an emergency exists — the authority invoked during the 2018–2019 virulent Newcastle disease (vNDV) outbreak in Southern California, the worst U.S. outbreak since 1971, which resulted in the depopulation of more than 1.2 million birds.

  Subpart B — Chlamydiosis (§§ 82.19–82.25): Live poultry infected with chlamydiosis (Chlamydia psittaci) may not move interstate; dead poultry that were infected may not move unless transported directly to a licensed renderer, diagnostic laboratory, or federal/state inspector for disposal or examination (§ 82.20). Vehicles and equipment that held infected poultry must be cleaned and disinfected before interstate movement (§ 82.21). Premises that contained infected poultry must be cleaned and disinfected — removing all manure, feathers, and organic debris, then applying APHIS-approved disinfectants — before new poultry may be moved interstate onto them (§ 82.22). Chlamydiosis is a human health concern (psittacosis — parrot fever) because C. psittaci can spread to humans through inhalation of dried droppings or secretions from infected birds; this zoonotic dimension gives the interstate movement controls an additional public health rationale beyond livestock protection.

  Newcastle disease is the most significant APHIS-regulated poultry disease in terms of trade impact: virulent Newcastle disease (vNDV/END) outbreaks trigger automatic trade restrictions by importing countries. A confirmed END detection in a U.S. state can block that state's poultry exports to dozens of countries until freedom is demonstrated. The 2018–2019 Southern California vNDV outbreak affected backyard flocks and commercial operations across multiple Southern California counties and required aggressive quarantine enforcement — including permit requirements for all poultry movement from the quarantined area — before the outbreak was controlled in May 2019. The Part 82 framework, combined with APHIS emergency funding authority under 7 U.S.C. § 8316, is the primary legal tool for containing and eradicating END when it occurs.

• 9 CFR Part 72 — Bovine Babesiosis (23 sections): the APHIS interstate movement control framework for the eradication of bovine babesiosis — commonly called "cattle tick fever" or "Texas fever" — caused by the tick-borne protozoan parasites Babesia bovis and Babesia bigemina, transmitted by the southern cattle tick (Rhipicephalus (Boophilus) annulatus) and the cattle fever tick (Rhipicephalus microplus). Babesiosis causes acute hemolytic anemia in susceptible cattle, with mortality rates of 50–90% in naive animals, and was once widespread across the southern United States. The tick eradication program — one of the longest-running USDA animal disease campaigns, dating to 1906 — effectively eliminated cattle tick fever from the continental United States except for a Permanent Quarantine Zone along the Texas-Mexico border, where ticks continue to cross the Rio Grande on wildlife (white-tailed deer, nilgai antelope, exotic ungulates). Part 72 governs interstate movement of cattle from areas where ticks may be present, and prescribes the dipping and treatment procedures that make movement permissible. Key provisions:

  • § 72.1 — Interstate movement prohibited without treatment: no cattle infested with or exposed to ticks (Boophilus annulatus, Rhipicephalus microplus) may move interstate except under the specific conditions prescribed in Part 72; this categorical prohibition reflects the severe consequences if tick infestation were introduced into tick-free states
  • § 72.11 — Quarantined area: APHIS designates areas (counties or parts of counties) as quarantined based on confirmed tick infestation or proximity to the Permanent Quarantine Zone; cattle from quarantined areas are presumed exposed and may not move interstate without meeting the treatment and inspection requirements
  • § 72.13 — Permitted dips and procedures: cattle may be authorized for interstate movement after being treated by one of the APHIS-approved acaricide dipping protocols at a designated, APHIS-approved dipping station; approved acaricides include coumaphos (Co-Ral) and amitraz; the dipping procedure must achieve 100% coverage of the animal's skin and must be performed by trained APHIS or State-authorized personnel; each dipping creates a record that becomes part of the cattle's movement documentation
  • § 72.15 — Owner assumption of risk and waiver: before dipping, the cattle owner must execute a written agreement waiving all claims against the United States for injury or death to cattle that may result from the dipping process; dipping with acaricide is a chemical treatment that, while generally safe, carries risk for stressed or compromised animals; the waiver protects the government from liability while still allowing the program to operate at scale
  • § 72.16 — Designated dipping stations: dipping must occur at APHIS-approved facilities equipped with proper vats, drainage, containment, and trained personnel; the dipping station approval process ensures that the treatment is applied correctly and that spent dipping solution is properly disposed of; the network of approved stations in Texas is maintained by APHIS in coordination with the Texas Animal Health Commission and defines where cattle may legally be treated for interstate movement clearance
  • § 72.10 — Inspected or dipped cattle subject to destination state rules: even after meeting the federal treatment and inspection requirements for interstate movement, cattle remain subject to the entry requirements of the destination state; some tick-free states impose additional inspection or waiting period requirements as a condition of entry

  The Texas Fever Tick Eradication Program maintains approximately 500 miles of the Permanent Quarantine Zone along the U.S.-Mexico border in south Texas, where APHIS and Texas tick inspectors work to prevent tick-infested wildlife and cattle from reintroducing ticks into the tick-free portion of the United States. The program involves helicopter surveys, ground inspections, wildlife management (controlling deer and nilgai that move ticks across the border), and treatment of infested cattle at approved facilities. Breakthrough infestations — occasions where infested cattle or wildlife enter the tick-free zone — trigger emergency response protocols under the Animal Health Protection Act (7 U.S.C. § 8316). The presence of a drug-resistant Rhipicephalus microplus population (resistant to coumaphos) in Mexico is an increasing concern because it limits available treatment options if resistant ticks establish in the quarantine zone. Recent rulemakings: No major Part 72 amendments since the early 1990s; the regulatory framework has been stable while the operational program continues under APHIS Farm Bill funding.

• 9 CFR Part 73 — Scabies in Cattle: the APHIS interstate movement control framework for bovine scabies — a highly contagious skin infestation caused by Psoroptes ovis mites that spreads through direct contact between animals and causes severe hide damage, weight loss, and mortality in untreated herds. While scabies was historically widespread, the U.S. has maintained largely scabies-free status in cattle since the 1970s through the restrictions in Part 73. Key provisions:

  • § 73.1 — Interstate movement prohibition: no cattle affected with scabies may be shipped, driven, or otherwise moved interstate for any purpose except as specifically permitted; the categorical prohibition covers all forms of movement, not just commercial transport
  • § 73.2 — Slaughter movement after dipping: cattle affected with scabies may be moved interstate for immediate slaughter if they have been dipped once in an approved acaricide at a designated facility; the "immediate slaughter" condition prevents diseased animals from being mixed with healthy livestock at destination
  • § 73.3 — Other purposes: movement for purposes other than slaughter requires two dippings, 10–14 days apart, in an approved acaricide; the double-dip requirement ensures that mites at various life stages are killed before interstate movement
  • § 73.10 — Permitted dips: APHIS specifies the approved acaricide dips (historically lime sulfur and coumaphos); only dips on the approved list may be used for Part 73 compliance; the approved list is updated by APHIS guidance as products are registered or removed from the market
  • § 73.11 — Premises treatment: any means of conveyance, yard, pen, or facility that has contained scabby cattle must be cleaned and disinfected before being used for healthy cattle; the premises treatment requirement prevents indirect spread through contaminated facilities
  • § 73.12 — Ivermectin: cattle treated with ivermectin (an alternative treatment option) bear a withdrawal period before slaughter — tissue residues remain following ivermectin treatment; treated cattle must not be slaughtered for food purposes until the ivermectin withdrawal period has expired

  Bovine scabies is classified as an exotic pest that would trigger trade restrictions with major cattle-importing countries if detected at significant levels in U.S. herds. The Part 73 framework predates the modern Animal Health Protection Act but operates under its authority. No major Part 73 amendments since the 1990s — scabies control has been maintained through the existing framework.

• 9 CFR Part 91 — Exportation of Live Animals, Hatching Eggs, or Other Embryonated Eggs: APHIS's framework governing the conditions under which livestock, poultry, and animal germplasm may be exported from the United States. U.S. animal exports — cattle, horses, swine, poultry breeding stock, and hatching eggs — are a significant agricultural trade segment, and Part 91 establishes the biosecurity and documentation requirements that allow the U.S. to certify its export animals' health status to importing countries:

  • § 91.2 — Applicability: no animal or animal germplasm (semen, embryos, hatching eggs, gametes) may be exported from the United States except in compliance with Part 91; the prohibition is categorical — all exports require compliance, not just those to countries that request it
  • § 91.3 — Export health certificates: livestock must have an endorsed export health certificate — issued by an APHIS accredited veterinarian and endorsed by an APHIS or state animal health official — to be eligible for export; the certificate documents species, number, health status, disease tests conducted, and any treatment history; importing countries specify the disease tests and declarations they require, and the certificate must reflect those country-specific requirements
  • § 91.4 — Prohibited exports: no animal under Federal, State, or local quarantine or movement restriction due to disease may be exported; no animal that is diseased or has been exposed to a communicable disease may be exported without specific APHIS authorization; the prohibition applies regardless of the destination country's own requirements
  • § 91.5 — Identification: export livestock must be individually identified in a manner that links each animal to its health certificate entries; the identification requirement enables traceback if health issues arise after export
  • § 91.7 — Pre-export inspection: all livestock exported by air or sea must receive a visual health inspection from an APHIS veterinarian within 48 hours prior to embarkation; the 48-hour window ensures that animals are inspected close in time to loading, reducing the risk of a disease event between testing and shipment
  • § 91.8 — Rest, feed, and water: livestock inspected at an export facility must receive appropriate rest, feed, and water before loading to ensure they are fit for transport; the requirement reflects international animal welfare standards and reduces the stress-related health risks of long-haul ocean or air transport
  • § 91.10 — Export inspection facilities: facilities used for pre-export inspection and holding must be approved by APHIS; approval requires adequate space, biosecurity, veterinary access, and sanitary conditions; only approved facilities may be used for official pre-export inspection
  • § 91.12 — Ocean vessel certification: ocean vessels carrying U.S. livestock must be certified by APHIS before initial use; vessel certification verifies that the vessel can maintain adequate ventilation, temperature, access to feed and water, and veterinary care for the duration of the voyage

  The export health certificate system is the bridge between U.S. animal disease programs and foreign market access. When APHIS documents a U.S. herd as TB-free (under Part 77), brucellosis-free (Part 78), or HPAI-free (Parts 145/146), those status designations feed into the export health certificate that the importing country accepts as U.S. disease certification. During disease outbreaks, importing countries often restrict or suspend imports from affected U.S. states — the rapid traceback enabled by Part 91's documentation requirements is critical to demonstrating to trading partners which areas of the U.S. are disease-free and restoring suspended exports. Recent rulemakings: 81 FR 2980 (January 2016) and 81 FR 74279 (2016) — updated export inspection requirements.

• 9 CFR Part 96 — Restriction of Importations of Foreign Animal Casings Offered for Entry: APHIS's import control regulations for animal casings — the intestines, bladders, and related tissues used as food product containers (sausage casings) and other purposes. Animal casings can carry foot-and-mouth disease (FMD) virus and other pathogens, making them a significant biosecurity concern under the Animal Health Protection Act:

  • § 96.2 — Disease-based prohibitions: swine casings from African swine fever (ASF) or BSE regions are prohibited entirely — no amount of treatment or certification can make them eligible for import if they originated in or were processed in a region with ASF or BSE; the prohibition reflects the catastrophic consequences these diseases would have for U.S. pork and beef production
  • § 96.3 — Certificate requirement: no animal casings may be imported unless accompanied by a certificate signed by a veterinary official of the exporting government confirming that the casings came from animals that showed no signs of communicable disease and were processed in a manner that minimizes disease risk; animal casings are not classified as meat products and require a different certificate than meat imports
  • § 96.4 — Uncertified casings — disposition: casings without the required certificate are seized, and the importer is given a fixed period to obtain certification or submit the casings for disinfection; if neither is accomplished, the casings must be destroyed or re-exported
  • § 96.10 / 96.12 — Uncertified casings — disinfection deadline: uncertified foreign animal casings must be disinfected within 30 days of importation, or they must be re-exported or destroyed; the 30-day deadline prevents indefinite warehousing of potentially contaminated material
  • § 96.13 — Disinfection with hydrochloric acid: uncertified casings may be disinfected by immersion in a hydrochloric acid solution of specified concentration for a specified period — the acid treatment inactivates FMD virus and other relevant pathogens; only APHIS-approved facilities using the prescribed protocol may perform the disinfection
  • § 96.14 — Disinfection with saturated brine: alternatively, uncertified casings may be disinfected by storage in saturated brine solution for a minimum period; the brine method is slower but applicable at facilities without acid-treatment capability

  Animal casings are a niche but persistent biosecurity challenge because they move through complex international supply chains — intestines processed in one country, salted and stored, re-exported to a third country, and ultimately imported into the U.S. as sausage casings. The certificate requirement tracks this chain of custody. Last major Part 96 amendment: 58 FR 47031 (1993) — added the ASF/BSE prohibition and updated disinfection procedures.

• 9 CFR Part 147 — Auxiliary Provisions on National Poultry Improvement Plan: the supporting regulations for the NPIP (Parts 145 and 146) that specify the official testing and sanitation methodologies, establish the governance process for NPIP rule amendments, and set minimum standards for authorized testing laboratories. Part 147 is procedural but load-bearing — it determines how NPIP rules are updated and what diagnostic methods are officially recognized:

  • § 147.1 — Blood testing procedures: official blood testing for NPIP must be conducted using methods approved by the Administrator and listed in the NPIP Program Standards; the reference to Program Standards (a document maintained separately from the CFR) allows APHIS to update approved testing methods as diagnostic technology advances without notice-and-comment rulemaking for each change
  • § 147.10 — Bacteriological examination: bacteriological testing procedures for Pullorum disease, Fowl Typhoid, and Salmonella must follow Administrator-approved protocols; standardized bacteriology ensures that test results from different states and laboratories are comparable and defensible
  • § 147.30 — Molecular examination: PCR-based and other molecular diagnostic methods used in NPIP testing must be Administrator-approved; molecular methods have become increasingly important for rapid, sensitive detection of Mycoplasma species and avian influenza subtypes
  • § 147.43 — General Conference Committee: changes to NPIP regulations (Parts 145, 146, and 147) must be proposed and considered through the General Conference Committee (GCC) — a biennial governance body composed of state, industry, and federal representatives; the GCC process allows all NPIP stakeholders to propose, debate, and vote on proposed changes before they are formally recommended to APHIS for rulemaking
  • § 147.52 — Authorized laboratories: testing laboratories that perform official NPIP diagnostic tests must meet minimum requirements for equipment, personnel qualifications, quality control, and record retention; APHIS evaluates authorized laboratories to ensure that official NPIP test results are scientifically valid and legally defensible

• 9 CFR Part 114 — Production Requirements for Biological Products: APHIS manufacturing regulations governing how licensed veterinary biologics (vaccines, bacterins, diagnostic antigens, antisera, and other products used to prevent, treat, or diagnose animal disease) must be produced, stored, labeled, and distributed. Part 114 is the factory-floor companion to the biologics licensing regulations — it governs ongoing production at already-licensed establishments rather than the initial licensing process.

  • § 114.1 — Applicability: Part 114 applies to all biological products prepared for sale, barter, or shipment in or from the United States (including products prepared for export), unless the Administrator grants a specific exemption; the regulation reaches all licensed manufacturers regardless of scale, from large commercial vaccine producers to small diagnostic reagent laboratories
  • § 114.10 — Antibiotics as preservatives: antibiotics may be used as preservatives in veterinary biologics only within the kinds and amounts specifically prescribed in the section; each antibiotic used as a preservative must be within defined concentration ranges (expressed in units per mL or μg/mL) to prevent contamination without creating residue risks in treated animals; the limited list of approved preservatives ensures that no antibiotic used in veterinary vaccines is one that would create significant residue or resistance concerns in food animals
  • § 114.11 — Storage and handling: completed biological products at licensed establishments must be kept under refrigeration at 35 to 46 °F (2 to 8 °C) unless the product's inherent nature requires different conditions (e.g., live attenuated vaccines that must be frozen, or products that lose potency if frozen); the storage requirement is the first link in the cold chain — a break in refrigeration at the manufacturer can compromise the entire lot
  • § 114.12 — Expiration date required: each serial or subserial of a biological product must be assigned an expiration date based on stability testing, unless a Standard Requirement or filed Outline of Production provides otherwise; the expiration date printed on biologics packaging is a regulatory requirement, not voluntary labeling — selling product past its expiration date is a violation
  • § 114.13 — Determining the dating period: the dating period (how long a product remains within its potency specifications) is determined by stability testing conducted by the manufacturer; stability criteria include potency specifications at release, the rate of potency decline, and the conditions under which the product will be stored during distribution; APHIS reviews stability data as part of product licensing
  • § 114.14 — Extension of expiration date: the expiration date of a serial or subserial cannot be extended unless all fractions of the product have been re-evaluated for potency and the results demonstrate the product still meets release specifications; extensions must be documented and are subject to APHIS review; this prevents manufacturers from simply relabeling products as they approach expiration without demonstrating continued efficacy
  • § 114.15 — Disposal of unsatisfactory products: biological products that fail to meet release standards, that have passed their expiration dates, or that consist of refuse or other unacceptable material must be destroyed under federal supervision or in accordance with APHIS-approved procedures; disposal under supervision prevents the release of subpotent or contaminated veterinary vaccines into commerce through back-channel distribution
  • § 114.16 — Producing subsidiaries: a licensed manufacturer may jointly produce a serial with one or more subsidiaries; the amount of each serial credited to each entity must be precisely documented; each entity remains responsible for compliance with all applicable regulations for the portion it produced; this provision enables multi-site production of large-volume vaccines (like avian influenza emergency vaccines) while maintaining regulatory accountability
  • § 114.17 — Rebottling: the Administrator may authorize rebottling of a completed liquid product (transferring from bulk containers into final-sale containers) under specific conditions — only at the licensed establishment; only serials that have not left the establishment; with APHIS-approved procedures to prevent contamination and mislabeling; rebottling extends the utility of large-volume production runs without requiring re-testing the entire serial
  • § 114.18 — Reprocessing: the Administrator may authorize reprocessing of a serial that failed initial testing — for example, re-adjuvanting or re-filtering a serial that failed a purity test — subject to conditions that prevent any reprocessing that would materially change the product or circumvent the normal testing and release process; reprocessed serials must be re-tested in full before release

  Part 114 functions as the quality-system backbone for the U.S. veterinary biologics industry. APHIS inspectors conduct routine and unannounced inspections of licensed establishments to verify compliance with storage, labeling, and production requirements; violations can result in license suspension or product recalls. The cold-chain requirements in § 114.11 and the expiration date rules in §§ 114.12–114.14 are particularly consequential for vaccine efficacy: a veterinary vaccine that has been improperly stored or distributed past its expiration date may provide no protection while appearing identical to compliant product. The U.S. veterinary biologics industry manufactures vaccines for livestock, poultry, companion animals, and wildlife — including emergency-use vaccines for HPAI and African swine fever response — making consistent production standards an animal health security issue as well as a commercial one. No major standalone amendments to Part 114 since its initial promulgation; individual product-specific Standard Requirements are updated continuously through APHIS's Center for Veterinary Biologics.

• 9 CFR Part 55 — Control of Chronic Wasting Disease (13 sections — the APHIS framework for detecting, certifying, and indemnifying captive cervid herds affected by Chronic Wasting Disease (CWD), a fatal prion disease affecting deer, elk, and moose; CWD has no vaccine or treatment and is invariably fatal; the disease has spread to wild and captive cervid populations in over 30 states and several Canadian provinces; authority: 7 U.S.C. §§ 8301–8317):

  • § 55.2 — Payment of indemnity: APHIS is authorized to pay indemnity for the purchase and destruction of CWD-positive animals (confirmed infection), CWD-exposed animals (animals in contact with confirmed cases), and CWD-suspect animals (animals with clinical signs pending testing); indemnity is the federal incentive that enables herd owners to voluntarily participate in testing and to depopulate infected herds without complete financial loss; without indemnity, owners would have strong incentives to conceal infection and avoid testing
  • § 55.3 — Appraisal and destruction: CWD-positive herds, and individual suspect or exposed animals removed for testing, are appraised by APHIS before destruction; the appraisal reflects the animal's market value; animals are destroyed under federal supervision and the carcasses are disposed of according to state and local regulations; the destruction requirement is absolute — there is no treatment option and no quarantine-and-release pathway
  • § 55.4 — Disinfection of premises: after a herd is destroyed, all premises (barns, pens, stockyards), equipment, and conveyances that contacted CWD-positive or exposed animals must be disinfected; CWD prions are extraordinarily persistent in the environment — conventional disinfectants do not inactivate them; APHIS-approved decontamination protocols for CWD use sodium hypochlorite solutions, autoclaving, or incineration for equipment and facilities; complete environmental decontamination of outdoor areas (soil) is generally not achievable, which is why the CWD herd certification program requires extended surveillance periods before restocking
  • §§ 55.21–55.25 — CWD Herd Certification Program: the CWD HCP is a cooperative federal-state-producer program to certify the CWD status of captive deer, elk, and moose herds; states with approved programs can participate by enrolling herds into the certification scheme; enrolled herds begin in "First Year" status and advance through annual surveillance and testing requirements over a minimum 5-year period to achieve certified status (demonstrating freedom from CWD during that monitoring window); certified status allows interstate movement of enrolled animals that would otherwise be prohibited; each enrolled animal must carry two forms of identification (ear tags, microchips) to enable individual tracking through movement records; herd records must document all births, deaths, escapes, and acquisitions
  • § 55.22 — State program participation: states with state-run CWD certification programs may request APHIS approval; approved state programs must meet federal minimum standards for enrollment criteria, surveillance frequency, testing protocols, and herd status classification; APHIS provides technical assistance and may monitor state program administration; states that do not have approved programs use the federal program directly administered by APHIS

  CWD management is complicated by the intersection of captive cervid operations, wild deer and elk populations, and hunting culture. Captive cervid facilities (deer farms, elk ranches, game preserves) are the primary focus of Part 55 because they represent the highest-risk pathway for interstate spread — a single infected deer transported across state lines can introduce CWD into a new wild population. The disease's prion mechanism (misfolded proteins transmitted through saliva, urine, feces, and carcasses) and the extreme environmental persistence of prions make geographic containment extremely difficult once the disease establishes in a wild population. Several states have enacted strict prohibitions on the import of live cervids from CWD-endemic areas; APHIS Part 55 operates alongside these state-level restrictions. No major federal rulemaking specifically amending Part 55 in recent years; CWD has continued to spread geographically, and APHIS has updated the list of affected states through notices rather than regulatory amendments.

• 9 CFR Part 85 — Pseudorabies (13 sections — the APHIS regulations governing interstate movement restrictions and indemnity for pseudorabies (Aujeszky's disease), a highly contagious herpesvirus disease of swine that causes neurological symptoms and is nearly always fatal in infected pigs; pseudorabies can also infect cattle, sheep, dogs, and cats but does not infect humans; the U.S. conducted a national eradication program through the 1990s–2000s and achieved elimination from commercial swine herds; Part 85 maintains the regulatory framework to prevent reintroduction; authority: 7 U.S.C. §§ 8301–8317):

  • § 85.2 — Notice of contagion: APHIS provides official notice that pseudorabies is a contagious disease and that interstate movement of livestock may spread it; this formal notice is the regulatory predicate for the movement restrictions that follow
  • § 85.3–85.4 — General restrictions and interstate movement: swine showing clinical evidence of pseudorabies may not move interstate; swine from herds designated as "qualified pseudorabies negative" or from states in higher eradication stages may move with fewer restrictions; the movement rules create a tiered system based on the herd's certification status and the state's overall disease stage — states that have achieved "Stage V" (free status) have the fewest restrictions on their swine
  • § 85.5 — Interstate movement documentation: swine moved interstate must be accompanied by a certificate or permit issued by an accredited veterinarian or state/federal animal health official; the certificate documents the animal's health status, the origin herd's pseudorabies status, and the destination; certificates and owner-shipper statements must meet specific content requirements to be valid
  • § 85.10 — Swine semen and embryos: swine semen and embryos used for artificial insemination or embryo transfer may move interstate only if the donor animals meet pseudorabies-negative requirements; the regulation of germplasm prevents the reintroduction of pseudorabies through breeding operations even when live animal movement is restricted
  • § 85.12–85.13 — Disinfection: conveyances and livestock markets used to handle pseudorabies-infected or exposed swine must be cleaned and disinfected before reuse; APHIS specifies the disinfectants and procedures that satisfy the requirement; inadequately disinfected trucks and sale barns were major vectors of disease spread before the eradication program

  Pseudorabies eradication is one of APHIS's major animal disease success stories — the U.S. commercial swine industry is now free of pseudorabies, and the disease has been eliminated from the swine populations of all 50 states. The continuing regulatory framework in Part 85 exists to prevent reintroduction from two sources: (1) feral pig populations, which remain reservoirs for pseudorabies in some parts of the country and can transmit the disease to domestic swine through fence-line contact; and (2) imported swine or swine germplasm from countries where pseudorabies remains endemic. The movement restriction framework in §§ 85.3–85.5 would be activated rapidly in the event of a confirmed reintroduction into commercial herds. The pseudorabies eradication program was declared complete in 2004; Part 85 now serves primarily as a prevention-of-reintroduction framework.

• 9 CFR Part 52 — Swine Destroyed Because of Pseudorabies: the federal indemnity framework for owners whose swine herds were destroyed during the eradication program; Part 52 operates as the financial companion to Part 85's movement restrictions. Key provisions:

  • § 52.2 — APHIS is authorized to pay indemnity to owners of swine herds known to be infected with pseudorabies that are destroyed, and to owners of individual breeding sows from reactor-exposed herds that are destroyed; indemnity is paid only for animals that are depopulated at APHIS direction under the eradication program
  • § 52.3 — Appraisal is conducted jointly by an APHIS employee and a state representative (or state representative alone, or a state-approved appraiser); the appraised value becomes the basis for the federal indemnity payment minus any net salvage proceeds from carcass rendering or other disposal
  • § 52.4 — Claims must be filed with the APHIS veterinarian in charge on a prescribed form, together with a report of net salvage proceeds; claims for indemnity under § 52.2(a) (infected herd) follow slightly different procedures than claims under § 52.2(b) (exposed breeding sows)

  With pseudorabies eradicated from commercial herds, Part 52 indemnity claims are rare. The Part 52 framework remains available in the event of a future reintroduction requiring emergency depopulation.

• 9 CFR Part 53 — Foot-and-Mouth Disease, Pleuropneumonia, and Certain Other Communicable Diseases of Livestock or Poultry (11 sections — the APHIS domestic response and indemnity framework for the most dangerous foreign animal diseases; when FMD, contagious bovine pleuropneumonia, African swine fever, highly pathogenic avian influenza, or another designated disease is detected in the United States, Part 53 governs what happens next — who appraises the animals, how they are destroyed, how premises are disinfected, and how owners file for federal compensation; authority: 7 U.S.C. §§ 8301–8317; last major amendment: 81 FR 6750 (February 2016) — expanded HPAI payment provisions):

  • § 53.2 — Determination of existence of disease; state cooperative agreements: the Administrator may declare that a disease covered by Part 53 exists in the United States and may invite state authorities to cooperate in its control and eradication; APHIS and participating states enter into cooperative agreements that define each party's role and the cost-sharing arrangement; the cooperative framework reflects the constitutional reality that animal health is primarily a state responsibility — federal authority under the Commerce Clause and AHPA reaches its peak when animal disease threatens interstate commerce
  • § 53.3 — Appraisal of animals, eggs, or materials: animals, eggs, and materials required to be destroyed are appraised jointly by an APHIS employee and a representative of the owner or the state; the joint appraisal creates a documented, agreed value that forms the basis for the indemnity claim; if the owner and APHIS cannot agree on value, the dispute goes to arbitration; accurate pre-destruction appraisal is critical — once animals are killed, independent valuation becomes impossible
  • § 53.4 — Destruction of animals or eggs: animals infected with or exposed to covered disease shall be killed promptly after appraisal and disposed of by burial, burning, composting, or other APHIS-approved method; rapid destruction minimizes disease spread from a confirmed positive premises; the "prompt" requirement can create practical difficulties during large outbreaks when disposal capacity (rendering, burial capacity) is overwhelmed — the 2022–2024 HPAI outbreak, which required depopulation of over 100 million birds, forced APHIS to develop large-scale composting and ventilation shutdown protocols as burial and rendering became capacity-constrained
  • § 53.5 — Disinfection or destruction of materials: contaminated materials (feed, litter, equipment, clothing) must be disinfected or destroyed; the rule of thumb is that materials are disinfected when disinfection is cheaper than the material's value; materials that cannot be adequately disinfected must be destroyed; the cost-of-disinfection vs. destroy-the-material decision is made by the APHIS area veterinarian in charge, who may face pressure from both owners (to minimize destruction) and safety imperatives (to minimize disease escape)
  • § 53.6 — Disinfection of non-susceptible animals: animals of species not susceptible to the outbreak disease but which have been exposed (for example, horses on a farm with FMD-infected cattle) must be disinfected using APHIS-approved methods; they are not destroyed, but they represent a potential fomite (mechanical disease carrier) risk through contaminated hooves, skin, or coats
  • § 53.7 — Disinfection of premises, conveyances, and materials: all farms, barns, corrals, stockyards, transport trucks, rail cars, vessels, and aircraft that held infected or exposed animals must be cleaned and disinfected under APHIS supervision before they may be used again; the APHIS-supervised disinfection requirement prevents premises owners from self-certifying their own cleaning effectiveness after a disease event
  • § 53.8 — Presentation of claims: indemnity claims for (1) compensation for destroyed animals, (2) cost of disinfection, and (3) cost of destroying premises or materials must be submitted through the APHIS inspector in charge on agency-approved forms; the formalized claims process creates an auditable record of every payment made under the program and prevents double-payment or fraudulent claims during the chaos of a large outbreak
  • § 53.9 — Mortgage against animals: when mortgaged animals are destroyed, the indemnity claim form must disclose the mortgage; APHIS pays indemnity to the owner and the mortgagee proportionally; the mortgage provision prevents a mortgagee (lender) from being wiped out by a disease response that destroys the collateral securing their loan
  • § 53.10 — Claims not allowed: APHIS will not pay indemnity if the owner failed to comply with quarantine requirements; the disqualification-for-noncompliance provision is the enforcement teeth of the disease control system — owners who move animals out of a quarantine zone, hide infections, or refuse to cooperate with APHIS lose their right to compensation
  • § 53.11 — Highly pathogenic avian influenza: conditions for payment: when poultry or eggs are destroyed under Part 53 for HPAI, APHIS may pay compensation not just to the flock owner but also to any contractor with whom the owner has a production or marketing contract (integrators); the provision reflects the poultry industry's vertical integration structure, where the birds may be owned by the integrator even though they are raised by an independent contract grower; the contractor-payment mechanism was formalized in the 2016 rulemaking after the 2014–2015 HPAI outbreak revealed gaps in compensation for contract growers whose income ceased when their flocks were depopulated

  Part 53 is the operational backbone of the U.S. response to FMD and other exotic animal disease catastrophes. When a veterinarian suspects FMD in a U.S. herd — a scenario that has not occurred in a commercial herd since 1929 — Part 53 is the framework that activates within hours: APHIS declares a disease presence, quarantine begins, appraisers arrive, animals are destroyed, premises are disinfected, and claims are filed. The FMD scenario is the APHIS "black swan" event with existential consequences for U.S. livestock trade: a confirmed FMD detection would immediately close nearly all U.S. beef, pork, and dairy export markets (approximately $20 billion annually) and trigger response costs in the tens of billions. The HPAI provisions in § 53.11 have been operationally active continuously since 2014 — APHIS paid over $1 billion in Part 53 indemnity during the 2022–2024 outbreak. Last major amendment: 81 FR 6750 (February 2016) — added explicit HPAI integrator-payment provisions after the 2014–2015 outbreak.

Pending Legislation

No standalone Animal Health Protection Act reform bills have been introduced in the 119th Congress. Related provisions appear in broader agricultural legislation — see Plant Protection and Quarantine — the plant-side counterpart to this Act.

Recent Developments

• H5N1 spreads to dairy cattle and humans (2024–2026): Highly pathogenic avian influenza (H5N1) spread to U.S. dairy cattle herds in 2024 — the first time H5N1 had been detected in cattle anywhere in the world. As of early 2026, H5N1 had been confirmed in dairy cattle in 19 states (including a December 2025 first detection in Wisconsin and 2025 spillover events in Nevada and Arizona) and in dozens of human cases among farm workers, primarily causing mild respiratory illness. California released its dairies from H5N1 quarantine in February 2026 while continuing surveillance. The CDC designated the public health risk as low for the general public. USDA provided indemnity payments to affected dairy farmers and implemented a mandatory testing program for cattle moving between states. The outbreak underscored gaps in farm worker surveillance and occupational health protections.
• Avian influenza vaccine development: With HPAI causing enormous losses to the poultry industry (170+ million birds killed or culled since 2022 per APHIS), USDA accelerated development and testing of poultry vaccines against H5N1. An approved poultry vaccine raises complex trade implications — some major trading partners refuse to import poultry from countries that vaccinate, creating a catch-22 between disease control and export market access. USDA and USTR are navigating these trade concerns while developing a vaccination strategy.
• USDA APHIS funding and DOGE: DOGE's review of USDA programs extended to APHIS, raising concerns among agricultural stakeholders about potential cuts to disease surveillance and emergency response capacity at a time when HPAI is active. Congress has historically provided bipartisan support for APHIS funding given the economic importance of animal disease control to agriculture — losses from FMD or ASF introduction could reach tens of billions of dollars.
• African swine fever (ASF) threat: ASF has spread to the Caribbean (Haiti, Dominican Republic) — the closest it has been to U.S. borders. APHIS maintains enhanced surveillance at ports of entry, particularly for illegal pork imports. A U.S. ASF outbreak would devastate the $26 billion U.S. pork industry and trigger immediate trade restrictions from major importers.