Administrative Code

Virginia Administrative Code
6/14/2021

Chapter 141. Health Requirements Governing the Admission of Agricultural Animals, Pet Animals, and Other Animals or Birds into Virginia

2VAC5-141-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Agricultural animals" means livestock and poultry.

"Cat" means all domestic and wild members of the family Felidae.

"Cattle" means all domestic and wild members of the genera Bos, Bison, and Bubalus to include domestic cattle, yak, bison, and water buffalo.

"Certificate of Veterinary Inspection" means an official document, which may be in an electronic format, certifying the inspection of an animal and completed and signed by (i) an accredited veterinarian who is approved by the animal health official of the animal's state of origin, (ii) a veterinarian in the employ of the animal's state of origin, or (iii) a veterinarian in the employ of the Veterinary Services Division, Animal and Plant Health Inspection Service, U.S. Department of Agriculture.

"Dairy type" means all cattle of, or primarily of, a dairy or dual-purpose breed to include cattle of the Ayrshire, Brown Swiss, Guernsey, Holstein, Jersey, Milking Shorthorn, or similar breeds to include castrated males of such breeds.

"Dog" means all domestic and wild members of the family Canidae.

"Free roaming swine" means swine that are not contained within an enclosure by their owner or custodian.

"Goat" means all domestic and wild members of the genus Capra.

"Hatching eggs" means all poultry eggs that are intended to be hatched.

"Horse" means all domestic and wild members of the family Equidae to include horses, asses, zebras, and any hybrids of horses, asses, or zebras.

"Livestock" means all cattle, sheep, swine, goats, horses, donkeys, mules, camels, llamas, and alpacas.

"Marketing facility" means a livestock market; stockyard; buying station; auction, consignment, or other sale venue; or other premises including those operating video, web-based, telephone, or other types of electronic sales methods, where livestock from multiple owners are comingled and assembled for sale or exchange in Virginia.

"NPIP" means the National Poultry Improvement Plan.

"Official identification" means a unique identification number issued by a state or federal program or other forms of identification approved by the State Veterinarian.

"Other ruminant" means all members of the order Artiodactyla not otherwise defined in this section as cattle, goats, sheep, or swine to include camelidae and cervidae.

"Permit" means permission granted by and in a format approved by the State Veterinarian that authorizes the import of certain classes of livestock, poultry, pet animals, primates, and other animals or birds into Virginia.

"Pet animal" means a dog, cat, nonpoultry bird species, or any other animal, ferae naturae, wild or tame under domestication or in custody that is not intended for commercial use or that by its nature is fit for use only as a pet.

"Poultry" means all domestic fowl, ratites, and game birds raised in captivity to include chickens, turkeys, ducks, geese, quail, or partridge.

"Primate" means all nonhuman members of the order Primates.

"Region" means any premises, political subdivision of a state or country, or other defined geographic area.

"Sheep" means all domestic and wild members of the genus Ovis.

"Slaughter establishment" means a livestock slaughter facility that is under inspection by the USDA or the Virginia Department of Agriculture and Consumer Services.

"State Veterinarian" means the State Veterinarian of the Commonwealth of Virginia or his designee.

"Swine" means all domestic and wild members of the family Suidae.

"USDA" means the U.S. Department of Agriculture.

Statutory Authority

§§ 3.2-5902 and 3.2-6002 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 8, eff. January 18, 2012; amended, Virginia Register Volume 32, Issue 3, eff. November 19, 2015; Volume 35, Issue 9, eff. February 7, 2019.

2VAC5-141-20. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 28, Issue 8, eff. January 18, 2012; amended, Virginia Register Volume 32, Issue 3, eff. November 19, 2015; repealed, Virginia Register Volume 35, Issue 9, eff. February 7, 2019.

2VAC5-141-30. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 28, Issue 8, eff. January 18, 2012; amended, Virginia Register Volume 32, Issue 3, eff. November 19, 2015; repealed, Virginia Register Volume 35, Issue 9, eff. February 7, 2019.

2VAC5-141-35. Permit and Certificate of Veterinary Inspection.

A. No person shall import into Virginia an agricultural animal, pet animal, primate, or other animal or bird of any species without obtaining a permit, unless exempted by the State Veterinarian.

B. All agricultural animals, pet animals, primates, and any other animal or bird of any species shall be accompanied by a Certificate of Veterinary Inspection when imported into Virginia, unless exempted pursuant to this chapter.

Statutory Authority

§ 3.2-5902 and 3.2-6002 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 35, Issue 9, eff. February 7, 2019.

2VAC5-141-40. Import restrictions; exemptions.

A. No person shall import into Virginia an agricultural animal, pet animal, primate, or any other animal or bird of any species that is affected with or that has been exposed to any reportable infectious or contagious disease except by permit issued at the State Veterinarian's discretion.

B. When the State Veterinarian is informed of any unusual or serious outbreak of disease among livestock or poultry in any other region that, in his opinion, constitutes a threat to livestock and poultry in Virginia, he shall by proclamation prohibit the entrance of any livestock or poultry that originate either directly or indirectly from that region at his discretion, except by permit. He may also prohibit the entrance of any products as defined in the meat or poultry inspection regulations of the USDA, in the Virginia Meat and Poultry Products Inspection Act, or in any other applicable or related Virginia statutes and regulations, except by permit. Specific classes of animals as listed in this chapter also require a permit for entry into Virginia.

C. Agricultural animals, pet animals, primates, or any other animals or birds of any species imported into Virginia for bona fide scientific research by a recognized agricultural institution or institution licensed by the USDA, and for which compliance with the requirements of this chapter would be a detriment to the research, may be excused from the requirements at the discretion of the State Veterinarian by the issuance of a permit.

D. The State Veterinarian may waive specific requirements for the importation of an animal from a disaster-affected area into Virginia. A waiver issued pursuant to this subsection shall be issued in writing.

E. Any livestock entering Virginia from a region in which vesicular stomatitis has been diagnosed within the 14 days prior to the livestock's entry into Virginia or from a region in which a premises quarantined for vesicular stomatitis is located shall be accompanied by a Certificate of Veterinary Inspection dated within the 14 days prior to the livestock's entry into Virginia. The Certificate of Veterinary Inspection shall include the following statement: "All animals identified on this Certificate of Veterinary Inspection have been inspected and found to be free from clinical signs of vesicular stomatitis."

Statutory Authority

§§ 3.2-5902 and 3.2-6002 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 8, eff. January 18, 2012; amended, Virginia Register Volume 32, Issue 3, eff. November 19, 2015; Volume 35, Issue 9, eff. February 7, 2019.

2VAC5-141-50. Common carriers; trucks.

A. Owners and operators of common carriers, trucks, or other conveyances are forbidden to move any agricultural animals, pet animals, primates, or any other animals or birds of any species into Virginia except in compliance with the provisions set forth in this chapter.

B. All railway cars, trucks, and other conveyances used for transportation of livestock or poultry must be kept in a sanitary condition. The State Veterinarian may require the cleaning and disinfecting of any conveyance at any time to prevent the spread of infectious or contagious diseases.

Statutory Authority

§§ 3.2-5902 and 3.2-6002 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 8, eff. January 18, 2012; amended, Virginia Register Volume 35, Issue 9, eff. February 7, 2019.

2VAC5-141-60. Poultry entry requirements; exemptions.

A. Within the 30 days prior to its date of entry into Virginia, poultry must be deemed healthy and free of infectious diseases and all required tests must be completed. Proof of examination and test results must be submitted with the permit request and on a Certificate of Veterinary Inspection; VS 9-3, if the shipper is a NPIP participant; or in a format approved by the State Veterinarian. All poultry shall be accompanied by an electronic or written Certificate of Veterinary Inspection, VS 9-3, or alternative movement document approved by the State Veterinarian, which shall be in the possession of the person in charge of such poultry.

B. Chickens, turkeys, and hatching eggs of chickens and turkeys shall not be imported into Virginia unless originating exclusively from flocks or hatcheries participating in the NPIP or issued a permit and found to be negative on a Pullorum-typhoid test within 30 days prior to entry.

C. Poultry shall not be imported into Virginia unless the following conditions are met concerning avian influenza (H5 and H7):

1. Requirements governing hatching eggs and certain day-old birds:

a. Hatching eggs shall originate from a breeder flock that participates in and meets the requirements of the "U.S. Avian Influenza Clean" program for chickens or the "U.S. H5/H7 Avian Influenza Clean" program for turkeys of the NPIP.

b. Day-old chickens, day-old game birds, and day-old turkeys shall originate from a hatchery that only handles hatching eggs that originate from breeding flocks that participate in and meet the requirements of the "U.S. Avian Influenza Clean" or the "U.S. H5/H7 Avian Influenza Clean" programs of the NPIP.

c. A statement certifying that the breeder flock shipping hatching eggs and all breeder flocks supplying eggs to the hatchery shipping day-old chickens, day-old game birds, or day-old turkeys participates in and meets the requirements of the "U.S. Avian Influenza Clean" or the "U.S. H5/H7 Avian Influenza Clean" programs of the NPIP shall be provided.

2. Requirements governing all other poultry:

a. The poultry shall be tested and found negative for avian influenza (H5 and H7) within 14 days prior to entry into Virginia or shall come from a flock that has first been tested with negative results within 14 days prior to entry into Virginia as follows:

(1) Breeding chickens and turkeys: 20 birds per house minimum, or for flocks of 500 or fewer, 20 birds minimum as long as all houses and pens on the premises are represented.

(2) Grow-out turkeys for immediate slaughter at a slaughter establishment: 10 birds per house minimum for multi-stage farms and 10 birds per farm, with at least five birds per house, on single-stage farms.

(3) Broiler chickens less than or equal to 70 days of age for immediate slaughter at a slaughter establishment: 11 birds per premises with at least one per house.

b. The results of the tests for avian influenza are recorded and signed by an accredited veterinarian in the state of origin or are recorded on a report issued by a laboratory approved by any state or federal animal authority. Only agar gel immunodiffusion (AGID), enzyme-linked immunosorbent assay (ELISA), polymerase chain reaction (PCR), virus isolation, or other avian influenza test methods approved by the State Veterinarian and conducted in a laboratory approved by a state or federal animal health authority will be permitted.

D. This chapter shall not apply to birds that are passing directly through Virginia to another state in interstate commerce.

E. This section shall not be construed to (i) permit the entry into Virginia of any species otherwise prohibited or restricted by any state or federal law, regulation, or directive; or (ii) contravene additional entry requirements imposed by any state or federal law, regulation, or directive.

Statutory Authority

§§ 3.2-5902 and 3.2-6002 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 8, eff. January 18, 2012; amended, Virginia Register Volume 32, Issue 3, eff. November 19, 2015; Volume 35, Issue 9, eff. February 7, 2019.

2VAC5-141-70. Cattle entry requirements; exemptions.

A. Within the 30 days prior to its date of entry into Virginia, cattle must be deemed healthy and free of infectious diseases after examination by an accredited veterinarian and all required tests must be completed. Proof of examination, test results, and official identification must be submitted with the permit request and on a Certificate of Veterinary Inspection in a format approved by the State Veterinarian. All cattle shall be accompanied by an electronic or written Certificate of Veterinary Inspection or alternative movement document approved by the State Veterinarian, which shall be in the possession of the person in charge of such cattle.

B. All cattle entering Virginia must bear individual official identification, and the official identification number must be noted on the Certificate of Veterinary Inspection or alternative movement document if approved by the State Veterinarian. This requirement shall not apply to cattle 18 months of age or younger provided such cattle are not of a dairy type and are imported into Virginia for feeding purposes only.

C. Official identification for cattle shall be:

1. An ear tag or other permanently affixed device bearing a unique identification number issued by an official state or federal program;

2. A USDA back tag if the animal is consigned directly to a slaughter establishment; or

3. Another form of identification approved by the State Veterinarian.

D. All cattle that originated in or have transited through a foreign country, or are intended to be used for rodeo or other entertainment purposes, require a negative caudal fold or comparative cervical tuberculin test within 60 days prior to entry into Virginia. This requirement shall not apply to cattle consigned directly from a USDA accredited tuberculosis-free herd provided the accreditation number and date of the last herd test are listed on the Certificate of Veterinary Inspection. Entertainment purposes shall not include the display of cattle at a scheduled agricultural fair, show, or sale.

E. All cattle originating from a region not considered free of tuberculosis for cattle by the USDA require a permit and a negative caudal fold or comparative cervical tuberculin test within 60 days prior to entry into Virginia. This requirement shall not apply to:

1. Cattle consigned directly from an accredited tuberculosis-free herd provided the accreditation number and date of the last herd test are listed on the Certificate of Veterinary Inspection; or

2. Cattle consigned directly to a slaughter establishment.

F. All sexually intact cattle originating from a region not considered free of brucellosis by the USDA require a permit and an individual brucellosis test within 30 days prior to entry into Virginia. An animal allowed entry under a permit will be quarantined on the premises of the consignee until the animal is retested at the consignee's expense and found negative for brucellosis no fewer than 45 days and no more than 120 days after entry as indicated by the permit. This requirement shall not apply to:

1. Cattle consigned directly from a certified brucellosis-free herd provided the certification number and date of the last herd test are listed on the Certificate of Veterinary Inspection; or

2. Cattle consigned directly to a slaughter establishment.

G. All bulls 18 months of age and older and all nonvirgin bulls younger than 18 months of age require a negative polymerase chain reaction (PCR) test for bovine trichomoniasis within 30 days prior to entry into Virginia unless consigned directly to a slaughter establishment.

H. Cattle may be imported for immediate slaughter into Virginia without a Certificate of Veterinary Inspection provided they are consigned directly to a slaughter establishment. Official identification for all cattle under this subsection must be listed on the waybill.

I. Cattle from a region considered free of tuberculosis and brucellosis for cattle by the USDA may enter Virginia for the purpose of sale at a marketing facility without a Certificate of Veterinary Inspection if otherwise required provided:

1. All cattle offered for sale at the marketing facility excepting cattle 18 months of age or younger not of a dairy type and intended for feeding purposes bear official identification upon entry to the marketing facility or have such applied at the marketing facility; and

2. The marketing facility maintains for at least five years and makes available to the State Veterinarian a record of the consignor of the cattle, the identification numbers as required of the cattle he consigns, and the buyer of the cattle.

J. This section shall not be construed to (i) permit the entry into Virginia of any species of animal otherwise prohibited or restricted by any state or federal law, regulation, or directive or (ii) contravene additional entry requirements imposed by any state or federal law, regulation, or directive.

K. All testing required by this section shall be considered official if (i) conducted by a state, federal, tribal, or accredited veterinarian or (ii) collected by a state, federal, tribal, or accredited veterinarian and conducted by an official animal health laboratory approved by a state or federal animal health agency as dictated by testing protocol.

Statutory Authority

§§ 3.2-5902 and 3.2-6002 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 8, eff. January 18, 2012; amended, Virginia Register Volume 32, Issue 3, eff. November 19, 2015; Volume 35, Issue 9, eff. February 7, 2019.

2VAC5-141-80. Pet animal entry requirements; exemptions.

A. Within the 10 days prior to its date of entry into Virginia, a pet animal must be deemed healthy and free of infectious diseases after examination by an accredited veterinarian. Proof of examination must be submitted with the permit request and on a Certificate of Veterinary Inspection in a format approved by the State Veterinarian.

B. No dog or cat younger than seven weeks of age may be imported into Virginia unless accompanied by its dam if the dam is known to be alive.

C. Any dog or cat older than four months of age entering Virginia shall be currently vaccinated for rabies.

D. A pet animal kept properly under control by its owner or custodian when traveling through Virginia to another state shall not be subject to the requirements of this chapter.

E. A pet animal brought into Virginia by a resident of Virginia or by a resident of another state who intends to make his residence in Virginia shall not be subject to the requirements of this chapter unless the pet animal is brought into Virginia to be offered for public adoption, transfer, sale, trade, or promotional incentive.

F. A pet animal (i) brought into Virginia for less than 10 days, (ii) for the purpose of hunting or legal exhibition, and (iii) with no change of ownership shall not be subject to the requirements of this chapter.

G. This section shall not be construed to (i) permit the entry into Virginia of any species of animal otherwise prohibited or restricted by any state or federal law, regulation, or directive or (ii) contravene additional entry requirements imposed by any state or federal law, regulation, or directive.

Statutory Authority

§§ 3.2-5902 and 3.2-6002 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 8, eff. January 18, 2012; amended, Virginia Register Volume 32, Issue 3, eff. November 19, 2015; Volume 35, Issue 9, eff. February 7, 2019.

2VAC5-141-90. Goat and sheep entry requirements; exemptions.

A. Within the 30 days prior to its date of entry into Virginia, a goat or sheep must be deemed healthy and free of infectious diseases after examination by an accredited veterinarian and all required tests must be completed. Proof of examination, test results, and official identification must be submitted with the permit request and on a Certificate of Veterinary Inspection in a format approved by the State Veterinarian. A goat or sheep shall be accompanied by an electronic or written Certificate of Veterinary Inspection or alternative movement documentation approved by the State Veterinarian, which shall be in the possession of the person in charge of such goat or sheep.

B. A goat or sheep entering Virginia must be officially identified, and the official identification number must be noted on the Certificate of Veterinary Inspection. This requirement shall not apply to castrated male goats that are not subject to the Scrapie Eradication Program.

C. Official identification for a goat or sheep shall be:

1. An official ear tag that is approved by the USDA for use in the Scrapie Eradication Program or the Scrapie Flock Certification Program; or

2. Another form of identification approved by the State Veterinarian.

D. Notwithstanding subsection C of this section, official identification for a goat that is exempt from the identification required by the Scrapie Eradication Program shall be:

1. An ear tag or other affixed device bearing a unique identification number issued by an official state or federal program;

2. A USDA back tag, if the goat is consigned directly to a slaughter establishment; or

3. Another form of identification approved by the State Veterinarian.

E. No goat or sheep may be imported into Virginia that does not originate from a scrapie consistent state unless originating from a flock enrolled in the complete monitored or export monitored category of the USDA Scrapie Flock Certification Program.

F. No goat or sheep infected with scrapie, or the offspring of a goat or sheep infected with scrapie, may enter Virginia.

G. A goat or sheep originating from a region not considered free of tuberculosis for cattle by the USDA shall be subject to a tuberculosis test and found negative within 60 days prior to entry into Virginia unless consigned directly to a slaughter establishment. A goat or sheep six months of age or younger that accompanies its dam that has tested negative for tuberculosis is not subject to this requirement.

H. A sexually intact goat or sheep originating from a region not considered free of brucellosis for cattle by the USDA shall be subject to a brucellosis test and found negative within 30 days prior to entry into Virginia unless consigned directly to a slaughter establishment. A goat or sheep six months of age or younger that accompanies its dam that has tested negative for tuberculosis is not subject to this requirement.

I. A goat or sheep may be imported for immediate slaughter into Virginia without a Certificate of Veterinary Inspection provided it is consigned directly to a slaughter establishment and its official identification is listed on the waybill.

J. A goat or sheep from a region considered free of tuberculosis and brucellosis for cattle by the USDA may enter Virginia for the purpose of sale at a marketing facility without a Certificate of Veterinary Inspection provided that:

1. The goat or sheep bears official identification upon entry to the marketing facility or have has such applied at an approved marketing facility; and

2. The marketing facility maintains for at least five years and makes available to the State Veterinarian a record of the consignor of the goat or sheep, the identification numbers as required of the goat or sheep he consigns, and the buyer of the goat or sheep.

K. This section shall not be construed to (i) permit the entry into Virginia of any species of animal otherwise prohibited or restricted by any state or federal law, regulation, or directive or (ii) contravene additional entry requirements imposed by any state or federal law, regulation, or directive.

L. All testing required by this section shall be considered official if (i) conducted by a state, federal, tribal, or accredited veterinarian or (ii) collected by a state, federal, tribal, or accredited veterinarian and conducted by an official animal health laboratory approved by a state or federal animal health agency as dictated by testing protocol.

Statutory Authority

§§ 3.2-5902 and 3.2-6002 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 8, eff. January 18, 2012; amended, Virginia Register Volume 32, Issue 3, eff. November 19, 2015; Volume 35, Issue 9, eff. February 7, 2019.

2VAC5-141-100. Horse entry requirements; exemptions.

A. Within the 30 days prior to its date of entry into Virginia, a horse must be deemed healthy and free of infectious diseases after examination by an accredited veterinarian, and all required tests must be completed. Proof of examination, test results, and official identification must be submitted with the permit request and on a Certificate of Veterinary Inspection in a format approved by the State Veterinarian. All horses shall be accompanied by an electronic or written Certificate of Veterinary Inspection or alternative movement documentation approved by the State Veterinarian, which shall be in the possession of the person in charge of such horses.

B. All horses entering Virginia must be officially identified, and the official identification must be noted on the Certificate of Veterinary Inspection or official equine interstate event permit.

C. Official identification for a horse shall be:

1. A thorough written or photographic record of the horse's appearance directly noted on or affixed to the Certificate of Veterinary Inspection and endorsed by the issuing veterinarian;

2. A legible breed association tattoo number;

3. An affixed or implanted device, such as a microchip, bearing a unique identification number issued by a state or federal program or a breed or performance association that allows the State Veterinarian access to records; or

4. Another form of identification approved by the USDA or the State Veterinarian.

D. All horses imported into Virginia shall have been officially tested and found negative for equine infectious anemia within the 12 months prior to entry into Virginia and be accompanied by an official certificate stating this information. A horse that originates from an equine infectious anemia-infected premises in another state is not eligible for entry into Virginia except by permit at the State Veterinarian's discretion. A foal six months of age or younger accompanying its tested negative dam is exempt from equine infectious anemia testing.

E. No sexually intact horse older than two years of age that either originated in or has passed through a region where contagious equine metritis is known to exist may enter into Virginia except by permit.

A horse that is issued a permit shall be permanently identified with an affixed or implanted device, such as a microchip, bearing a unique identification number issued by a state or federal program and will be immediately placed under quarantine and assigned a testing protocol at the consignee's expense until the State Veterinarian is satisfied that it poses no danger to the Virginia equine population.

F. A horse may enter Virginia with an official equine interstate event permit issued by another state in lieu of a Certificate of Veterinary Inspection provided the permit is not expired.

G. This section shall not be construed to (i) permit the entry into Virginia of any species of animal otherwise prohibited or restricted by any state or federal law, regulation, or directive or (ii) contravene additional entry requirements imposed by any state or federal law, regulation, or directive.

H. All testing required by this section shall be considered official if (i) conducted by a state, federal, tribal, or accredited veterinarian or (ii) collected by a state, federal, tribal, or accredited veterinarian and conducted by an official animal health laboratory approved by a state or federal animal health agency as dictated by testing protocol.

Statutory Authority

§§ 3.2-5902 and 3.2-6002 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 8, eff. January 18, 2012; amended, Virginia Register Volume 32, Issue 3, eff. November 19, 2015; Volume 35, Issue 9, eff. February 7, 2019.

2VAC5-141-110. Other ruminant entry requirements; exemptions.

A. Within the 30 days prior to its date of entry into Virginia, an other ruminant must be deemed healthy and free of infectious diseases after examination by an accredited veterinarian, and all required tests must be completed. Proof of examination, test results, and official identification must be submitted with the permit request and on a Certificate of Veterinary Inspection in a format approved by the State Veterinarian. All other ruminants shall be accompanied by an electronic or written Certificate of Veterinary Inspection or alternative movement documentation approved by the State Veterinarian, which shall be in the possession of the person in charge of such other ruminants.

B. All other ruminants entering Virginia must bear an individual identification number, and such identification number must be noted on the Certificate of Veterinary Inspection. Identification can be a microchip, ear tag issued by a state or federal entity, or other form of identification approved by the State Veterinarian.

C. Any other ruminant originating from a region not considered free of tuberculosis for cattle by the USDA shall be subject to a tuberculosis test and found negative within 60 days prior to entry into Virginia. Any other ruminant six months of age or younger that is accompanying its dam that has tested negative for tuberculosis is not subject to this requirement.

D. Any sexually intact other ruminant originating from a region not considered free of brucellosis for cattle by the USDA shall be subject to a brucellosis test and found negative within 30 days prior to entry into Virginia. Any sexually intact other ruminant six months of age or younger that is accompanying its dam that has tested negative for brucellosis is not subject to this requirement.

E. This section shall not be construed to (i) permit the entry into Virginia of any species of animal otherwise prohibited or restricted by any state or federal law, regulation, or directive or (ii) contravene additional entry requirements imposed by any state or federal law, regulation, or directive.

F. All testing required by this section shall be considered official if (i) conducted by a state, federal, tribal, or accredited veterinarian or (ii) collected by a state, federal, tribal, or accredited veterinarian and conducted by an official animal health laboratory approved by a state or federal animal health agency as dictated by testing protocol.

Statutory Authority

§§ 3.2-5902 and 3.2-6002 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 8, eff. January 18, 2012; amended, Virginia Register Volume 35, Issue 9, eff. February 7, 2019.

2VAC5-141-120. Swine entry requirements; exemptions.

A. Within the 30 days prior to its date of entry into Virginia, a swine must be deemed healthy and free of infectious diseases after examination by an accredited veterinarian and all required tests must be completed. Proof of examination, test results, and official identification must be submitted with the permit request and on a Certificate of Veterinary Inspection in a format approved by the State Veterinarian. All swine shall be accompanied by an electronic or written Certificate of Veterinary Inspection or alternative movement documentation approved by the State Veterinarian, which shall be in the possession of the person in charge of such swine.

B. All swine entering Virginia must bear an identification number, and the identification number must be noted on the Certificate of Veterinary Inspection.

C. Official identification for a swine shall be:

1. An ear tag or other affixed device bearing a unique individual or group identification number issued by an official state or federal program;

2. An official premises identification tattoo that includes the state of origin; or

3. Another form of identification approved by the State Veterinarian.

D. A swine originating from a herd or region that is considered free from brucellosis and pseudorabies by a federal program or a state program approved by the State Veterinarian may enter Virginia without further testing requirements provided a statement indicating the region is considered free from brucellosis and pseudorabies by a federal or state program or verification of herd participation in the federal or state program is indicated on the Certificate of Veterinary Inspection, and the swine has not had known contact with free roaming swine.

E. A sexually intact swine over four months of age not originating from a herd or region considered free of brucellosis by a federal program or a state program approved by the State Veterinarian must be individually subject to a brucellosis test and found negative within 30 days prior to entry into Virginia. A sexually intact swine shall be quarantined at the premises of destination until such time as it is retested between 30 and 60 days after importation into Virginia at the consignee's expense.

F. A swine not originating from a herd or region that is considered free from pseudorabies by a federal program or a state program approved by the State Veterinarian shall be individually subject to a pseudorabies test and found negative within 30 days prior to entry into Virginia.

G. A swine that is free roaming or that has had known contact with free roaming swine must have tested negative for brucellosis and pseudorabies within 30 days prior to entry into Virginia.

H. A swine may be imported for immediate slaughter into Virginia without a Certificate of Veterinary Inspection provided it is consigned directly to a slaughter establishment.

I. A swine intended for feeding purposes and not intended for breeding purposes from a farm of origin in a state adjoining Virginia and from a region therein considered free of pseudorabies by a federal or state program may enter Virginia without a Certificate of Veterinary Inspection if an alternative movement document that has been approved by the State Veterinarian is submitted as required.

J. This section shall not be construed to (i) permit the entry into Virginia of any species of animal otherwise prohibited or restricted by any state or federal law, regulation, or directive or (ii) contravene additional entry requirements imposed by any state or federal law, regulation, or directive.

K. All testing required by this section shall be considered official if (i) conducted by a state, federal, tribal, or accredited veterinarian or (ii) collected by a state, federal, tribal, or accredited veterinarian and conducted by an official animal health laboratory approved by a state or federal animal health agency as dictated by testing protocol.

Statutory Authority

§§ 3.2-5902 and 3.2-6002 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 8, eff. January 18, 2012; amended, Virginia Register Volume 32, Issue 3, eff. November 19, 2015; Volume 35, Issue 9, eff. February 7, 2019.

2VAC5-141-130. Primate entry requirements; exemptions.

A. Within the 10 days prior to its date of entry into Virginia, a primate must be deemed healthy and free of infectious diseases after examination by an accredited veterinarian, and all required tests must be completed. Proof of examination and test results must be submitted with the permit request and on a Certificate of Veterinary Inspection in a format approved by the State Veterinarian.

B. All primates imported into Virginia must be microchipped, and such microchip number must be noted on the Certificate of Veterinary Inspection.

C. The Certificate of Veterinary Inspection shall include a statement attesting to the fact that the veterinarian has carefully examined the oral mucosa of the primate and has found no evidence of disease lesions or inflammatory processes.

D. A primate imported into Virginia shall be subject to a tuberculosis test performed by a state, federal, tribal, or accredited veterinarian and be found negative within 30 days prior to entry into Virginia. If using a tuberculosis test other than the intradermal test, it is permissible for test results to be recorded on the Certificate of Veterinary Inspection as pending, as long as the results are reported to the State Veterinarian within three business days of entry and the animal is isolated upon arrival until the test results are reported.

E. A primate that has been associated with a colony in which other primates have shown a response to the tuberculin test shall not be eligible for entry into Virginia until all primates in the colony have passed two consecutive tuberculosis tests not less than 30 days apart.

F. A primate kept properly under control by its owner or custodian when traveling through Virginia to another state shall not be subject to the requirements of this chapter.

G. A primate brought into Virginia by a resident of Virginia or by a resident of another state who intends to make his residence in Virginia shall not be subject to the requirements of this chapter unless the primate is brought into Virginia to be offered for public adoption, transfer, sale, trade, or promotional incentive.

H. A primate brought into Virginia for fewer than 10 days for the purpose of legal exhibition with no change of ownership shall not be subject to the requirements of this chapter.

I. This section shall not be construed to (i) permit the entry into Virginia of any species of animal otherwise prohibited or restricted by any state or federal law, regulation, or directive or (ii) contravene additional entry requirements imposed by any state or federal law, regulation, or directive.

J. All testing required by this section shall be considered official if (i) conducted by a state, federal, tribal, or accredited veterinarian or (ii) collected by a state, federal, tribal, or accredited veterinarian and conducted by an official animal health laboratory approved by a state or federal animal health agency as dictated by testing protocol.

Statutory Authority

§§ 3.2-5902 and 3.2-6002 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 8, eff. January 18, 2012; amended, Virginia Register Volume 32, Issue 3, eff. November 19, 2015; Volume 35, Issue 9, eff. February 7, 2019.

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