Title of Regulation: 2VAC5-30. Rules and Regulations Pertaining to Reporting Requirements for Contagious and Infectious Diseases of Livestock and Poultry in Virginia (amending 2VAC5-30-20; adding 2VAC5-30-30; repealing 2VAC5-30-10).

Statutory Authority: §§ 3.2-6001 and 3.2-6002 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: November 4, 2015.

Effective Date: November 19, 2015.

Agency Contact: Charles Broaddus, D.V.M., Program Manager, Office of Veterinary Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-4560, FAX (804) 371-2380, TTY (800) 828-1120, or email charles.broaddus@vdacs.virginia.gov.

Basis: Section 3.2-109 of the Code of Virginia establishes the Board of Agriculture and Consumer Services as a policy board with the authority to adopt regulations in accordance with the provisions of Title 3.2 of the Code of Virginia. Section 3.2-6001 of the Code of Virginia authorizes the board and the State Veterinarian to protect livestock and poultry from contagious and infectious disease. Section 3.2-6002 of the Code of Virginia authorizes the board to adopt regulations to prevent the spread of and eradicate contagious and infectious livestock and poultry diseases.

Purpose: The current regulations concerning the reporting of animal diseases in Virginia need minor revisions to align them with the current priorities and methodology of state, federal, and international animal disease and marketing programs. The proposed regulation will bring Virginia in line with current federal animal disease reporting requirements, protecting the continued viability of Virginia's animal industries. These animal disease reporting requirements are designed to quickly recognize a significant animal disease in Virginia thus allowing the rapid response that will be necessary to control the disease. This quick recognition and rapid response are essential in order to protect public health from potentially zoonotic disease as well as to protect the economic interests of animal agriculture producers in Virginia, who could be affected by high levels of sickness or death loss of their animals without this regulation in place.

Rationale for Using Fast-Track Process: The proposed amendments are noncontroversial changes that are not expected to be opposed by any stakeholders. Veterinarians have questioned the likelihood of being penalized for not complying with the reporting requirement for "normal reporting," and there is widespread agreement among veterinarians that the normal reporting could be accomplished better outside of the regulatory mechanism.

Substance: The "normal reporting" requirement is proposed to be removed. This section of the current regulation requires a laboratory or veterinarian to report diseases of interest to the State Veterinarian monthly. While the Virginia Department of Agriculture and Consumer Services (VDACS) continues to be interested in these diseases, it is impractical to require reporting of them through the regulatory process.

Language is updated to clarify that when diseases are reported, they may be reported in person, by phone, or by email within 24 hours to the State Veterinarian or a veterinarian in the employ of VDACS.

The proposed amendments include a new section that lists the reportable diseases. Currently, the list appears in a form that is referenced in the regulation. The agency determined that this list should be included in the provisions of the regulation.

The board also proposes to bring the list of reportable diseases in line with the U.S. National List of Reportable Animal Diseases; it is anticipated that this uniform list will enhance disease reporting compliance.

Issues: The primary advantages of the proposed revisions are to increase compliance with the regulation by simplifying it and placing focus on areas that are most effective in mitigating animal disease introduction and resultant losses. Veterinarians in the Commonwealth will have less burdensome requirements with the "normal reporting" removed. The removal of the "normal reporting" requirement will also allow the agency to focus additional resources on monitoring animal diseases of consequence. Thus, both the public and the agency benefit from the proposed changes. The proposed revisions pose no disadvantages to the public or the Commonwealth.

Small Business Impact Review Report of Findings: This regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Agriculture and Consumer Services (Board) proposes to: 1) no longer require laboratories and veterinarians to report diseases that are of interest, but not of immediate and widespread consequence, to the State Veterinarian monthly, 2) include the list of reportable diseases in the text of the regulation, 3) update the list of reportable diseases to be in line with the U.S. Department of Agriculture's U.S. National List of Reportable Animal Diseases, and 4) amend language for clarity.

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

Estimated Economic Impact. Virginia has long had regulations in place requiring the reporting of certain animal diseases of consequence. Diseases of consequence are those not present in the United States or are those with a high sickness rate or death rate and are those diseases that are typically responded to with quarantine and related measures as needed to prevent the spread of the disease. Often, it is important to quickly control these diseases in order to retain the ability to export animal products to foreign countries. According to the Virginia Department of Agriculture and Consumer Services (VDACS) reporting compliance with diseases of consequence such as avian influenza, tuberculosis, or brucellosis has been good, and this requirement is an important tool with respect to ensuring these diseases are reported promptly so that appropriate action can be taken.

There are also diseases of interest, but not of immediate and widespread consequence, that are currently required to be reported by this regulation. These are diseases that are also described in some documents as "monitored" diseases and are required to be reported under the "normal reporting" section of the regulation. Due to the impracticality of enforcing a requirement to report these "monitored" diseases, the Board proposes that the "normal reporting" requirement be removed from the regulation. There is very little active reporting of these diseases and no action is taken when reports are received. Thus the proposed elimination of the "normal reporting" requirement will be beneficial in that it will eliminate time spent on reporting information that is not acted upon.

VDACS is still interested in these diseases and intends to continue to monitor for their presence outside of the regulatory mechanism. As such, under this proposal it would no longer be a regulatory requirement to report diseases such as Johne's, Bovine Viral Diarrhea, Leukosis, Salmonellosis, or Giardia. Instead, VDACS will continue to work with veterinarians and laboratories to monitor the presence of these "non-regulatory" diseases.

Currently the list of reportable diseases is kept on a form that is referenced in the regulation. The Board proposes to incorporate the list into the regulation. This will be beneficial in that it will be easier for the public to find and be aware of the specific diseases that are reportable.

The Board also proposes to bring the list of reportable diseases in line with the U.S. Department of Agriculture's U.S. National List of Reportable Animal Diseases, which is a suggested list of reportable diseases. The agency anticipates that this uniform list will enhance disease reporting compliance.

Businesses and Entities Affected. VDACS estimates that 5-10 laboratories within the Commonwealth (including the 5 VDACS laboratories) and the approximately 2,000 licensed veterinarians in the state will be affected. Most of these affected entities are small businesses.

Localities Particularly Affected. The proposed amendments do not disproportionately affect particular localities.

Projected Impact on Employment. The proposed amendments are unlikely to significantly affect employment.

Effects on the Use and Value of Private Property. The proposal to eliminate the reporting requirement for diseases that do not have immediate and widespread consequence will save some staff time for veterinary practices.

Small Businesses: Costs and Other Effects. The proposed amendments will not increase costs for small businesses. The proposal to eliminate the reporting requirement for diseases that do not have immediate and widespread consequence will save some staff time for small veterinary practices

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments will not adversely affect small businesses.

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

Legal Mandate.

General: 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 Code of Virginia and Executive Order Number 17 (2014). Section 2.2-4007.04 requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the report should include but not be limited to:

• the projected number of businesses or other entities to whom the proposed regulatory action 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.

Small Businesses: If the proposed regulatory action will have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include:

• an identification and estimate of the number of small businesses subject to the proposed regulation,

• the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents,

• a statement of the probable effect of the proposed regulation on affected small businesses, and

• a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation.

Additionally, pursuant to § 2.2-4007.1, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules is notified at the time the proposed regulation is submitted to the Virginia Register of Regulations for publication. This analysis shall represent DPB's best estimate for the purposes of public review and comment on the proposed regulation.

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

Summary:

The amendments (i) eliminate the requirement that laboratories and veterinarians report diseases that are of interest, but not of immediate and widespread consequence, to the State Veterinarian monthly; (ii) set out the list of reportable diseases in the text of the regulation; and (iii) update the list of reportable diseases to be in line with the U.S. Department of Agriculture's U.S. National List of Reportable Animal Diseases.

2VAC5-30-10. Normal reporting. (Repealed.)

Any person practicing veterinary medicine, any person or firm operating a laboratory for the diagnosis of livestock or poultry diseases, and any other reporting entity designated by the State Veterinarian within the Commonwealth of Virginia shall, between the first and tenth day of each month for the month preceding, report to the State Veterinarian the existence of those contagious or infectious diseases among livestock and poultry known to him listed on Schedule B of form VDACS-03016 (8/87), "Reportable Diseases of Virginia Livestock and Poultry." Reports may be filed electronically in a manner specified by VDACS, including, but not limited to, electronic mail or by completing any forms provided online by VDACS.

2VAC5-30-20. Special reporting Reporting requirements.

Any person practicing veterinary medicine, any person or firm operating a laboratory for the diagnosis of livestock or poultry diseases, and any other reporting entity designated by the State Veterinarian within the Commonwealth of Virginia shall report within 24 hours by telephone to the State Veterinarian: (i) or a veterinarian in the employ of the Virginia Department of Agriculture and Consumer Services (VDACS) the existence of anthrax, glanders, or any vesicular or exotic disease an emerging disease of livestock or poultry or any other disease of livestock or poultry known to him listed on Schedule A of form VDACS-03016 (8/87), "Reportable Diseases of Virginia Livestock and Poultry"; and (ii) the existence of any disease of poultry listed on Schedule A of form VDACS-03016 (8/87), "Reportable Diseases of Virginia Livestock and Poultry." If for any reason the State Veterinarian is not immediately available by telephone, such report shall be made directly to any veterinarian in the employ of the Commonwealth of Virginia in 2VAC5-30-30. Reports may be filed electronically in a manner specified by VDACS, including, but not limited to, electronic mail or by completing any forms provided online by VDACS.

2VAC5-30-30. Reportable disease list.

A. The Board of Agriculture and Consumer Services declares suspected or confirmed cases of the following multiple-species diseases to be reportable by the persons enumerated in 2VAC5-30-20. Conditions identified by an asterisk (*) are foreign animal diseases.

*Akabane

Anthrax

Aujeszky's disease (Pseudorabies, PRV)

Bluetongue (nonendemic)

Brucellosis (Brucella abortus)

Brucellosis (Brucella melitensis)

Brucellosis (Brucella suis)

*Camelpox

Chronic wasting disease

*Crimean-Congo hemorrhagic fever

Epizootic hemorrhagic disease (EHD)

Equine encephalomyelitis (Eastern)

Equine encephalomyelitis (Venezuelan)

*Foot-and-mouth disease

*Glanders (Burkholderia mallei)

*Heartwater

*Japanese encephalitis

*Leishmaniosis

*Melioidosis (Burkholderia pseudomallei)

*New and Old World screwworms

Rabies

*Rift Valley fever

*Rinderpest

*Surra (Trypanosoma evansi)

Tuberculosis (M. bovis, M. tuberculosis)

Vesicular stomatitis

West Nile fever/virus

B. The Board of Agriculture and Consumer Services declares suspected or confirmed cases of the following cattle diseases to be reportable by the persons enumerated in 2VAC5-30-20. Conditions identified by an asterisk (*) are foreign animal diseases.

*Bovine babesiosis

*Bovine spongiform encephalopathy

*Contagious bovine pleuropneumonia

*Hemorrhagic septicemia

*Lumpy skin disease

*Theileriosis (East Coast fever)

Trichomoniasis

*Trypanosomosis (tsetse transmitted)

C. The Board of Agriculture and Consumer Services declares suspected or confirmed cases of the following swine diseases to be reportable by the persons enumerated in 2VAC5-30-20. Conditions identified by an asterisk (*) are foreign animal diseases.

*African swine fever

*Classical swine fever

*Nipah virus

Swine vesicular disease

Vesicular exanthema

Porcine enteric coronavirus disease

D. The Board of Agriculture and Consumer Services declares suspected or confirmed cases of the following sheep and goat diseases to be reportable by the persons enumerated in 2VAC5-30-20. Conditions identified by an asterisk (*) are foreign animal diseases.

*Contagious caprine pleuropneumonia

*Nairobi sheep disease

*Peste des petites ruminants

Scabies

Scrapie

*Sheep pox and goat pox

E. The Board of Agriculture and Consumer Services declares suspected or confirmed cases of the following equine diseases to be reportable by the persons enumerated in 2VAC5-30-20. Conditions identified by an asterisk (*) are foreign animal diseases.

*African horse sickness

*Contagious equine metritis

*Dourine

Equine encephalomyelitis (Western)

Equine infectious anemia (EIA)

Equine piroplasmosis

Equine herpesvirus-1 myeloencephalopathy (EHV1-EHM)

*Hendra

F. The Board of Agriculture and Consumer Services declares suspected or confirmed cases of the following avian diseases to be reportable by the persons enumerated in 2VAC5-30-20. Conditions identified by an asterisk (*) are foreign animal diseases.

*Duck viral hepatitis

*Exotic (virulent) Newcastle disease as defined in Chapter 10.9, Terrestrial Animal Health Code, effective July 20, 2015

Fowl typhoid (Salmonella gallinarum)

*Highly pathogenic Avian Influenza as defined in Chapter 10.4, Terrestrial Animal Health Code, effective July 20, 2015

Low pathogenic Avian Influenza in poultry as defined in Chapter 10.4, Terrestrial Animal Health Code, effective July 20, 2015

Pullorum disease (Salmonella pullorum)

Turkey rhinotracheitis

FORMS (2VAC5-30)

Reportable Diseases of Virginia Livestock and Poultry (Foreign and Domestic), Form VDACS-03016, eff. 8/87.

DOCUMENTS INCORPORATED BY REFERENCE (2VAC5-30)

Terrestrial Animal Health Code, 24th edition, effective July 20, 2015, World Organisation for Animal Health (OIE), http://www.oie.int/en/