Title of Regulation: 2VAC5-70. Health Requirements Governing the Control of Equine Infectious Anemia in Virginia (amending 2VAC5-70-20; repealing 2VAC5-70-30).

Statutory Authority: § 3.2-6002 of the Code of Virginia.

Public Hearing Information:

March 25, 2010 - 10 a.m. - Oliver Hill Building, 102 Governor Street, Second Floor Board Room, Richmond, VA

Public Comment Deadline: April 5, 2010.

Agency Contact: Doug Saunders, Deputy Director, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-8905, FAX (804) 371-2380, or email doug.saunders@vdacs.virginia.gov.

Basis: Section 3.2-6002 of the Code of Virginia authorizes the Board of Agriculture and Consumer Services to adopt regulations as may be necessary to prevent, control, or eradicate infectious or contagious diseases in livestock and poultry in Virginia.

Purpose: The current regulation establishes requirements for the control of equine infectious anemia (EIA) in Virginia. EIA is a contagious and infectious disease of horses, ponies, jackasses, mules and other animals of the genus Equus. This regulation requires the testing of equine animals to be imported into the state and those to be assembled for sale, auction, and other purposes. Additionally, the current regulation authorizes the State Veterinarian to allow, as an alternative or option, the testing of horses at the market or auction where equines are sold rather than requiring the test before the animals are transported to market.

The purpose of this regulatory action is two-fold. First, the language in 2VAC5-70-20 requiring EIA testing is amended to explain that the testing requirements apply to any activity on properties where horses owned by two or more owners may come into contact with each other, such as in state parks. This change is necessary to clarify that horses that come into contact with horses owned by others must have the required testing to further control the spread of EIA, thereby enhancing the health, safety, and welfare of the public. Second, 2VAC5-70-30, which addresses alternate testing requirements, will be eliminated as such alternate testing requirements are ineffective in controlling the spread of EIA.

Substance: Changes being proposed to the current regulation will (i) clarify that the EIA testing requirements identified in 2VAC5-70-20 apply to activities on properties where horses owned by two or more owners may come into contact with each other, such as in state parks, and (ii) remove the authority of the State Veterinarian in 2VAC5-70-30 to allow the EIA (Coggins agar gel immunodiffusin (AGID)) test to be made at market or auction, rather than prior to horses being transported to these activities.

Issues: The predominant issue associated with the proposed regulatory action is the control of EIA in animals of the genus Equus. The current regulation was established in 1985 and has been effective in controlling the spread of EIA. However, instances have arisen where individuals who gather with their horses for the purpose of riding activities, such as in state parks, have argued that the testing requirements do not apply to them. The amendments to 2VAC5-70-20 clarify that the regulation also applies to such activities, providing greater protection to Virginia's horse industry and protecting the horses owned by those individuals who have argued that the testing requirements do not apply to them. Additionally, eliminating 2VAC5-70-30 will remove the allowance for alternate testing that is ineffective in controlling the spread of EIA.

The advantage of these proposed changes is much greater control of the spread of EIA within horse populations in Virginia. This advantage applies to anyone owning a horse, whether an individual horse owner or a large horse operation. The agency does not see any disadvantages of the proposed changes.

The Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The current regulation details requirements for the control of Equine Infectious Anemia (EIA) in Virginia. EIA is a contagious and infectious disease of horses, ponies, jackasses, mules and other animals of the genus Equus. The regulation requires the testing for EIA of equine animals to be imported into the state and for those to be assembled for sale, auction and other purposes. Horses found to have EIA are quarantined. Additionally, the current regulation authorizes the State Veterinarian to allow, as an alternative or option, the testing of horses at the market or auction where equines are sold rather than requiring the test before the animals are transported to market.

The Virginia Department of Agriculture and Consumer Services (VDACS) proposes: 1) to amend language to clarify that testing requirements apply to all horses involved in activities on properties where horses owned by two or more owners may come into contact with each other and 2) to eliminate the language on alternate testing requirements for horses assembled for sale or auction in Virginia when authorized by the State Veterinarian.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. The current regulations specify that "All horses assembled at a show, fair, race meet, or other such function in Virginia, must be accompanied by a report of an official negative test for equine infectious anemia conducted within 12 months prior to such event." According to VDACS, there has been some confusion as to whether horses that are brought to state parks are subject to the negative test requirement. Thus the agency proposes to specify that the requirement applies to all horses involved in activities on properties where horses owned by two or more owners may come into contact with each other.

VDACS estimates that 2,000 or fewer horses that are currently not already being tested by their owners will need to be tested. Given VDACS' estimate that veterinary practitioners charge $30.00 for an EIA test, the cumulative monetary impact on horse owners in the Commonwealth will be $60,000 or less. Horses infected with EIA can die within two to three weeks.¹ Given the relatively small testing cost of $30 per horse per year, the cost of required testing would seem to be outweighed by the benefit of reduced risk of equine fatalities. VDACS reports that EIA has been present in the Commonwealth in recent years.

According to VDACS, the State Veterinarian has not authorized the testing of horses at the market or auction where equines are sold rather than requiring the test before the animals are transported to market. Thus the proposal to eliminate the language on alternate testing requirements for horses assembled for sale or auction in Virginia when authorized by the State Veterinarian will have no impact beyond the beneficial impact of reducing confusion for the public.

Businesses and Entities Affected. The Virginia Department of Agriculture and Consumer Services estimates that a maximum of 1500 owners owning 2000 horses will be affected by the proposed amendments. The Department estimates that 100 or fewer private businesses, such as horse camps or bed and breakfast establishments that accept horses, will be affected.

Localities Particularly Affected. The proposed amendments potentially affect all localities. Those localities which contain state parks that are frequented by horses are particularly affected.

Projected Impact on Employment. The proposed amendments are unlikely to have a significant net impact on employment.

Effects on the Use and Value of Private Property. The proposal to amend language to clarify that testing requirements apply to all horses involved in activities on properties where horses owned by two or more owners may come into contact with each other will likely encourage some additional EIA testing. Veterinarians will likely get some additional business.

Small Businesses: Costs and Other Effects. The proposed amendments are unlikely to increase costs for small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments are unlikely to adversely affect small businesses.

Real Estate Development Costs. The proposed amendments are unlikely to significantly affect real estate development costs.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 36 (06). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

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¹ Source: Virginia Department of Agriculture and Consumer Services

Agency's Response to the Department of Planning and Budget's Economic Impact Analysis: The agency concurs with the analysis of the Department of Planning and Budget.

Summary:

The proposed amendments (i) clarify that testing requirements apply to all horses involved in activities on properties where horses owned by two or more owners may come into contact with each other and (ii) eliminate the alternate testing requirements for horses assembled for sale or auction in Virginia.

2VAC5-70-20. Testing requirements for horses exhibited at shows, fairs, or other exhibitions, or coming into contact with horses owned by others in Virginia.

All horses assembled at a show, fair, race meet, or other such function, or participating in any activity on properties where horses owned by two or more owners may come into contact with each other in Virginia, must be accompanied by a report of an official negative test for equine infectious anemia conducted within 12 months prior to such event or activity. The person in charge will ensure that a copy of the official negative test results accompanies each horse in the event or activity, and shall make such reports available for inspection by a representative of the State Veterinarian upon request. The person in charge shall exclude any horse which is not accompanied by a negative test report.

2VAC5-70-30. Alternate testing requirements for horses assembled for sale or auction in Virginia. (Repealed.)

Horses may be assembled at a sale or auction without a negative test for equine infectious anemia, provided that the State Veterinarian so approves, and that the following requirements are met:

1. All horses, while assembled at the sale or auction, shall have blood samples drawn for equine infectious anemia testing.

2. Horses consigned or sold for immediate slaughter to an official slaughtering establishment are exempt from equine infectious anemia testing. Such horses shall be identified in a manner approved by the State Veterinarian, and a written permit shall be issued for their transfer to the slaughtering establishment.

3. The owner or manager of the sale or auction shall employ a licensed accredited veterinarian, who shall draw blood samples from all horses required to be tested, and shall record all visible markings or other permanent identification for each horse bled.

4. The owner or manager shall announce, prior to the sale or auction, that all nonslaughter horses will be tested. Each buyer of a nonslaughter horse or horses at the sale or auction shall sign a release form, signifying his agreement to maintain such horse or horses at a specified location until notified of the results of the test. Horses that prove negative to the test may move in normal trade channels. Owners of horses that react to the test must comply with 2VAC5-70-40 of this chapter.

5. The State Veterinarian may grant such exceptions to these requirements as he feels the circumstances warrant and that are not in variance with other rules and regulations of the Commonwealth of Virginia.