Important! Please Read: Update on the USDA Interpretation of the ?30 Day Rule?

July 24, 2007 — 

The following is an update on an issue first described in AASV e-Letter on June 6 (USDA Interprets "30 Day Rule"). The AASV has officially asked that the USDA reconsider its interpretation of the rule requiring animals covered under a veterinary health plan that are shipped interstate outside of a recognized production system to be individually inspected prior to shipment.

At issue is the current interpretation which requires that animals born on a farm since the veterinarian's last visit be individually inspected even though they are less than 30 days old. Even though the farm participates in a Health Plan that involves herd visits every 30 days by an accredited veterinarian, pigs born since the last visit must be personally inspected by the veterinarian prior to issuance of a Certificate of Veterinary Inspection (CVI) under the current interpretation.

The AASV, along with the American Association of Bovine Practitioners (AABP) and the American Association of Avian Pathologists (AAAP) and with the backing of the National Pork Board's Swine Health Committee, sent a letter to Dr. Ron DeHaven, USDA, APHIS Administrator, requesting that they reconsider the current interpretation and allow veterinarians participating in a recognized Herd Health Plan to issue a CVI to animals born on the farm since the last 30 day visit without the burden of an additional inspection.

The current rule requires that the animals be individually inspected within 10 days of issuing a CVI which is then valid for an additional 30 days. In practice, this means that a veterinarian can inspect the animals without any further knowledge of the remainder of the herd and the animals can then be held at the farm for up to 40 days prior to shipment. It is the opinion of the AASV that animals born on the farm assume the health status of the herd and the health status can be better assessed through the adherence to the guidelines put forth in a routine Herd Health Plan where the veterinarian is inspecting the entire herd every 30 days. The USDA, while not rejecting the argument, has denied the request for reconsideration and is adhering to its current interpretation.

Thus, the AASV will pursue wording changes in the CFR to accommodate our concerns that the current interpretation is unnecessary to protect the health of US livestock and adds unnecessary burden and costs to veterinarians and producers. This process, which will involve the passage of a resolution at the October meeting of the US Animal Health Association (USAHA), may take as long as 2 years to complete. In the meantime, USDA plans to enforce their interpretation of the regulation meaning that veterinarians found to be out of compliance are subject to regulatory action.