New Mexico Register / Volume XXXV,
Issue 13 / July 16, 2024
TITLE 21 AGRICULTURE AND RANCHING
CHAPTER 30 ANIMALS AND ANIMAL INDUSTRY GENERAL PROVISIONS
PART 7 EQUINE
VIRAL ARTERITIS (EVA)
21.30.7.1 ISSUING AGENCY: New Mexico Livestock Board.
[21.30.7.1 NMAC - Rp, 21.30.7.1 NMAC,
7/16/2024]
21.30.7.2 SCOPE: All owners, transporters or handlers of
equine or equine semen in the state of New Mexico and those that apply to bring
equine or equine semen into the state for any reason. All accredited veterinarians handling EVA
vaccine.
[21.30.7.2 NMAC - Rp, 21.30.7.2 NMAC, 7/16/2024]
21.30.7.3 STATUTORY AUTHORITY: Section 77-2-7, NMSA 1978.
[21.30.7.3 NMAC - Rp, 21.30.7.3 NMAC, 7/16/2024]
21.30.7.4 DURATION: Permanent.
[21.30.7.4 NMAC - Rp, 21.30.7.4 NMAC, 7/16/2024]
21.30.7.5 EFFECTIVE DATE: July 16, 2024, unless a later date is cited
at the end of a section.
[21.30.7.5 NMAC - Rp, 21.30.7.5 NMAC, 7/16/2024]
21.30.7.6 OBJECTIVE: To establish restrictions to protect the
equine industry of the state of New Mexico.
Clinical disease due to EVA infection is a reportable disease to the New
Mexico state veterinarian. Equine viral
arteritis (EVA) is an infectious contagious disease of horses caused by the
equine arteritis virus (EAV). EVA is of
special economic concern because it can result in abortion in pregnant mares,
illness and death in young foals and the establishment of the carrier state in
stallions. Further, to prevent the introduction
of EAV and control subsequent spread of EAV within New Mexico.
[21.30.7.6 NMAC - Rp, 21.30.7.6 NMAC, 7/16/2024]
21.30.7.7 DEFINITIONS:
A. Definitions
beginning with “A”:
(1) “Accredited veterinarian” means a veterinarian approved by the deputy administrator of
USDA-APHIS-VS in accordance with provisions of Part 161, Title 9, Code of
Federal Regulations (CFR). An accredited
veterinarian is pre-approved to perform certain functions of federal and
cooperative state/federal programs.
(2) “Animal
and plant health inspection service (APHIS)”
means the agency providing leadership in ensuring the health and care of
animals and plants. The agency improves
agricultural productivity and competitiveness and contributes to the national
economy and public health.
(3) “Approved
laboratory” means a state, federal or private diagnostic laboratory that
must be approved for EVA testing by the UDSA-AHPIS-VS.
(4) “Approved laboratory tests” means
laboratory tests for the diagnosis of EVA infection that are approved by the
office of the state veterinarian and UDSA-AHPIS-VS.
(5) “Area
veterinarian in charge (AVIC)” means the veterinary official of
USDA-APHIS-VS, who is assigned by the deputy administrator of VS to supervise
and perform the official animal health work of APHIS in the states or states
concerned.
B. Definitions beginning
with “B”:
(1) “Board” means the New Mexico livestock
board.
(2) “Book
or booking” means the contracting or scheduling of a mare to breed to a
stallion by natural service.
C. Definitions beginning
with “C”:
(1) “Carrier” means a clinically normal
stallion that sheds EAV continuously in its semen.
(2) “Certificate” means an official
document issued by the chief livestock health official or a VS representative
or accredited veterinarian at the point of shipment of equine. It includes all of
the following:
(a) the
description, including age, breed, color, sex, distinctive markings or unique
and permanent forms of identification, when present (e.g. brands, tattoos, EID,
scars or blemishes), of each of the restricted equine to be moved;
(b) the
number of restricted equine covered by the document;
(c) the
purpose for which the equine are to be moved;
(d) the
points of origin and destination;
(e) the
consignor; and
(f) the
consignee.
(3) “Certificate
of veterinary inspection (CVI)” means the form issued by the state of
origin that records the consignor, consignee, identity, origin, destination and
health status of animals, issued by an accredited veterinarian of that
state. It is commonly known as a health
certificate.
(4) “Chief
livestock health official” means the state veterinarian of New Mexico.
(5) “Commercial
stallion” means a stallion that is utilized for breeding mares which are
owned by someone other than the owner of the stallion.
(6) “Cover”
means the act of breeding a stallion to a mare.
D. Definitions beginning
with “D”: “Director” means the executive director of the New Mexico livestock
board.
E. Definitions beginning
with “E”:
(1) “Electronic
identification device (EID)” means an electronic implant with a
transponder, inserted into the nuchal ligament of an equid. The transponder contains an approved 15 digit
number that uniquely corresponds to a specific equine
(2) “Equine
arteritis virus (EAV)” means the organism which causes the disease equine
viral arteritis.
(3) “Equine” means any animal in the family
equidae, including horses, asses, mules, ponies and
zebras.
(4) “Equine
viral arteritis (EVA)” means an
infectious communicable disease in equine.
(5) “Exposed animals” means animals in the
family equidae that have been exposed to EAV by
reason of associating or commingling with equine known to be infected with the
virus.
F. Definitions
beginning with “F”: [RESERVED]
G. Definitions
beginning with “G”: [RESERVED]
H. Definitions
beginning with “H”:
(1) “Herd” means all animals
of the family equidae, such as horses, asses or
zebras: under common ownership or supervision that are:
(a) grouped
on more than one or more parts of any single premises (lot, farm or ranch);or
(b) on
two or more premises that are geographically separated but between which equine
have been interchanged or had contact with equine from the other premises; it
will be assumed that contact between animals of the family equidae
on the different premises has occurred unless the owner can establish otherwise and the results of the epidemiologic investigation
are consistent with the lack of contact between the premises; or
(c) on
common premises, such as community pastures or grazing association units, but
owned by different persons; other groups of equine owned by the persons
involved that are located on the other premises are
considered to be part of a herd unless epidemiologic investigation
establishes that the equine from an affected herd have not had the opportunity
for direct or indirect contact with equine from that specific premises.
(2) “Herd of origin” means a farm or ranch
or other premises where equine were born or where they have been kept for 30
days or more before the date of shipping.
For the purpose of this rule, herd of origin
has the same meaning as place of origin, premise of origin, farm of origin and
ranch of origin.
I. Definitions beginning
with “I”: “Identification” means any modality that provides a unique and
permanent identification of an individual equine.
J. Definitions beginning
with “J”: [RESERVED]
K. Definitions beginning
with “K”: [RESERVED]
L. Definitions beginning
with “L”: [RESERVED]
M. Definitions beginning
with “M”: “Mare” means the intact
female of the equine species.
N. Definitions beginning
with “N”: “Nurse mare” means a mare that has lost her foal and has adequate milk
for supplementing an orphaned foal.
O. Definitions beginning
with “O”:
(1) “Official seal” means a serially
numbered metal or plastic strip, consisting of a self-locking device on one end
and a slot on the other end that forms a loop when the ends are engaged. An official seal is tamperproof and cannot be
reused if opened. It is applies to the doors of a transport vehicle by a
representative of APHIS AVIC or the chief livestock health official. A serially numbered, self-locking button that
cannot be reused may be substituted for the metal or plastic strip type of
seal.
(2) “Official test” means the virus
neutralization test and virus isolation test (in cell culture) are the official
laboratory procedures currently employed for the diagnosis of EVA infection.
(3) “Owner”
means any person with the legal right of possession or having legal control
over any equidae and shall include but not limited to
agents, caretakers and other persons acting on behalf of that person.
P. Definitions beginning
with “P”:
(1) “Permit” means on official
document (VS form 1-27 or comparable state form) issued by the chief livestock
health official, federal representative or by an accredited veterinarian. The permit must accompany all EAV carrier stallions
and those EVA exposed equine being moved under official seal to a specified
destination.
(2) “Polymerase chain reaction test (PCR)” means a test to detect EAV
in samples.
Q. Definitions
beginning with “Q”:
(1) “Quarantine” means the act of placing exposed or infected animals into isolation from
other animals to prevent the transmission of an infection.
(2) “Quarantined
area” means a confined area under the direct supervision and control of
chief livestock health official or federal animal health official who
establishes procedures for the monitoring and recording of all animals entering
or leaving the area. All equine under
EVA quarantine are considered to have been exposed to
EAV.
R. Definitions beginning
with “R”:
(1) “Reactor” means any horse, ass, mule, pony or zebra that has been subjected to an
officially
approved laboratory test that is confirmed positive for antibodies to
EAV.
(2) “Reference laboratory” means the national reference laboratory for the serological testing of
EAV infection is the diagnostic virology laboratory in Ames, Iowa, a part of
USDA-APHIS-VS’ National veterinary services laboratories (NVSL).
S. Definitions beginning
with “S”:
(1) “Semen” means secretion or ejaculate from the reproductive organs of a stallion
containing spermatozoa and seminal fluid from the accessory sex glands.
(2) “Sero-conversion” means the development of neutralizing antibodies to EAV in response to
natural infection with EAV or to the administration of EVA vaccine.
(3) “Sero-negative” means a horse that has a serum neutralizing antibody titer of 1:4 to EAV
using the virus neutralization test.
(4) “Sero-positive” means a horse that has a serum neutralizing antibody titer of 1:4 or
greater to EAV using the virus neutralization test.
(5) “Shedder or shedding” means an equine has been determined to have EAV in its body. Specifically a term
used to refer to a carrier stallion that has been determined to have EAV
present in his semen and is capable of transmitting the infection to other
equine through the act of breeding either by natural service or the use of
artificial insemination.
(6) “Standard insemination volume” means 10 ml of semen.
T. Definitions beginning
with “T”: “Teaser stallion” means the intact male equid utilized in equine
reproduction to aid in determination of estrus in a mare.
U. Definitions beginning
with “U”: “United States department of agriculture (USDA)” means, a federal
agency charged with protecting American agriculture.
V. Definitions beginning
with “V:
(1) “Vaccinated or vaccination” means an equine has been vaccinated with an approved EVA modified virus
vaccine and for which the vaccination status has been kept current in
accordance with the manufacturer’s recommendation.
(2) “Vaccinated sero-positive
stallion” means a stallion that was sero-negative prior to receiving a vaccine for EVA that
demonstrates a sero-positive titer post vaccination.
(3) “Veterinary services (VS)” means the animal health arm of APHIS, VS protects and improves the
health, quality and marketability of our nations animals, animal products and
veterinary biologicals by preventing, controlling or eliminating animal disease
and monitoring and promoting animal health and productivity.
(4) “VS form 1-27” means an official restriction of livestock movement. This form is issued by a regulatory
veterinarian and specifies the owner, owner’s address, owner’s telephone,
premises affected, number, breed, age, sex, positive unique individual
identification and destination of animals included.
(5) “Virus isolation test” means a test to isolate EAV. This
test shall be conducted by an approved laboratory.
(6) “Virus neutralization test (VN)” means an assay for determining serum neutralizing antibodies to a
particular virus, in this case EAV. This
test shall be conducted by an approved laboratory. Q. W. Definitions beginning with
“W”: [RESERVED]
X. Definitions beginning with
“X”: [RESERVED]
Y. Definitions beginning with
“Y”: [RESERVED]
Z. Definitions beginning with
“Z”: [RESERVED]
[21.30.7.7 NMAC - Rp, 21.30.7.7 NMAC, 7/16/2024]
21.30.7.8 INCORPORATION BY REFERENCE OF FEDERAL UNIFORM METHODS
AND RULES:
The USDA Uniform Methods and Rules, APHIS 91-55-75 is incorporated by
reference as presently in effect and subsequent revisions.
[21.30.7.8 NMAC - Rp, 21.30.7.8 NMAC, 7/16/2024]
21.30.7.9 GENERAL EVA INFORMATION:
A. All laboratory samples, pertaining to this rule,
shall be submitted by an accredited veterinarian to an approved laboratory.
B. All commercial
breeding stallions shall be tested for EAV prior to use as a breeding stallion
or collection for artificial insemination.
C. All semen (fresh
or frozen, imported semen or semen for export) from uncertified stallions shall
test negative by virus isolation or PCR prior to being used for artificial
insemination.
D. All commercial
breeding stallions shall be tested within 180 days prior to the breeding season
or sooner, if indicated.
[21.30.7.9 NMAC - Rp, 21.30.7.9 NMAC, 7/16/2024]
21.30.7.10 COMMERCIAL BREEDING STALLIONS:
All commercial breeding stallions shall be registered annually with the
New Mexico livestock board, where the current EAV status shall be
recorded. It is recommended that all commercial
breeding stallions be permanently identified either by brands, EID, tattoos or
photographs.
[21.30.7.10 NMAC - Rp, 21.30.7.10 NMAC, 7/16/2024]
21.30.7.11 IMPORTATION
OF STALLIONS:
A. No commercial breeding stallion shall
be imported into New Mexico for breeding purposes unless found serologically
negative to an EVA test (serum neutralization) within 30 days prior to
importation or serologically negative prior to vaccination and subsequently
proven not a shedder of the disease. The
results of these tests must be attached to the interstate CVI.
B. Stallions 36
months of age and older will be required to have a negative EVA test drawn by a
licensed and accredited veterinarian. The test is to be conducted by an
approved diagnostic laboratory.
Age will be determined based on a January 1 birth date on all stallions.
C. Positive EAV
stallions may be imported into New Mexico or moved within the state on a permit
issued by the office of the state veterinarian and may be subject to
quarantine. Official laboratory serum
and semen culture results shall accompany the interstate CVI. In addition, the consignee shall be advised
of the stallion’s EAV status and consents to shipment. Imported stallions shall be registered
annually with the New Mexico livestock board.
[21.30.7.11 NMAC -
Rp, 21.30.7.11 NMAC, 7/16/2024]
21.30.7.12 EXPORTATION OF EAV CARRIER STALLIONS: Commercial stallions to be exported outside
of New Mexico must have consent of the state of final
destination and consent of the farm owner receiving the stallion
[21.30.7.12 NMAC - Rp, 21.30.7.12 NMAC, 7/16/2024]
21.30.7.13 SEMEN AND EMBRYO IMPORT AND EXPORT:
A. Fresh, cooled or frozen semen shall be culture negative for EVA within
180 days or sooner of import. An
official semen import certificate completed by an accredited veterinarian
accompanied by the official laboratory culture test shall be sent to the office
of the state veterinarian seven days prior to the first importation of semen
for the current breeding season. Fresh,
cooled or frozen semen or embryos from a shedding stallion shall only be used
on vaccinated or sero-positive mares. These mares shall be isolated for 21 days
following insemination or implantation.
B. EVA positive
semen shall only be allowed by state permit through the office of the state
veterinarian. In addition, release
documentation of informed consent is required from the farm owner stating they
will accept EVA positive semen.
[21.30.7.13 NMAC - Rp, 21.30.7.13 NMAC, 7/16/2024]
21.30.7.14 EVA SHEDDING STALLIONS:
A. A stallion is considered to be a shedder if any
of the following apply:
(1) the
virus can be cultured from his semen; or
(2) if
the virus can be detected in his semen by PCR test; or
(3) if
sero-negative mares seroconvert to sero-positive status following breeding or insemination.
B. A stallion known to
be shedding EAV shall not be permitted to breed or be collected for artificial
insemination until the state veterinarian determines that the stallion does not
pose a risk of transmitting EVA. In
making this determination, the state veterinarian shall consider whether the
requirements of Paragraphs (2) and (3) of this subsection will be complied with
by the premises on which the shedding stallion is located. The following restrictions shall apply to a
shedding stallion that is permitted to breed or be collected for artificial
insemination:
(1) the
owner or agent of an EAV shedding stallion shall notify in writing, the owner
or agent of a mare booked or seeking to book a mare to that stallion which has
been classified as an EAV shedder; a written copy of the booking confirmation
shall be sent to the state veterinarian;
(2) a
shedding stallion shall be housed, handled and bred or collected for artificial
insemination in a facility isolated from non-shedding stallions;
(3) a
shedding stallion shall be bred to a mare(s) that:
(a) have
been vaccinated against EVA at least 21 days prior to being bred; or
(b) demonstrate
an existing EVA titer from vaccination or natural exposure to EAV, if the
serological EVA test was performed at least 28 days prior to date of breeding;
(c) a
mare shall be isolated for 21 days after being covered by a shedding stallion.
[21.30.7.14 NMAC - Rp, 21.30.7.14 NMAC, 7/16/2024]
21.30.7.15 SERO-POSITIVE NONSHEDDING STALLIONS:
A. A stallion may be considered to be a vaccinated sero-positive stallion if a blood sample collected within
10 days prior to administration of an approved vaccine was negative for
antibodies against EAV. See 21.30.7.19
NMAC for recommended vaccination protocols.
B. It is required
that a sero-positive vaccinated stallion that did not
have an EVA negative test prior to vaccination comply with one of the following
testing procedures to ensure that the stallion is not at risk of transmitting
the virus:
(1) a
standard insemination volume (10ml) of semen should be collected and either
cultured for EAV or evaluated using a PCR test; or
(2) the
stallion should be bred to two mares negative for EAV antibodies; the two mares
shall be isolated from other equine for 28 days and have blood collected for an
EVA test 28 days after breeding or artificially inseminated from two
ejaculates, separately collected;
(3) the
sero-positive stallion would be considered a
non-shedder if the semen culture, semen PCR or test breeding results are
negative.
C. A stallion may be
considered a non-vaccinated sero-positive stallion,
if the stallion has sero-converted following a
natural exposure to the virus. It is
recommended that a non-vaccinated sero-positive
stallion be tested as outlined below prior to breeding to ensure that he is not
at risk of transmitting the virus:
(1) semen
should be collected and either cultured for EAV or evaluated using a PCR test;
or
(2) the
stallion should be bred to two mares negative for EAV antibodies; the two mares
shall have blood collected for an EVA test 28 days after breeding or
artificially inseminated; the two mares shall remain isolated from other equine
for 28 days following breeding;
(3) the
sero-positive stallion would be considered a
non-shedder if the semen culture, semen PCR or test breeding results are
negative.
D. A stallion
previously classified as a shedding stallion may be reclassified as a
non-shedding stallion if the following criteria are met:
(1) during
the first breeding season following the stallion’s classification as a
non-shedder, the first five sero-negative mares bred
or artificially inseminated using semen collected from separate ejaculates from
this stallion shall be test negative to a blood sample collected for an EVA
test 28 days after breeding or artificial insemination;
(2) during
the second breeding season, the stallion shall be bred to two mares negative
for EAV antibodies that will be tested 28 days after breeding or have its semen
collected and cultured negative for EAV or have the semen tested negative by
PCR for EAV; if the semen culture report or PCR test and blood samples are
negative for EAV, there shall not be restrictions placed on a future breeding
season.
E. The final
determination that a stallion is not an EAV shedder shall be made based on
scientific procedures described in this section and approved by the state
veterinarian. Until this determination
is made, the stallion shall be considered an EAV shedder.
[21.30.7.15 NMAC - Rp, 21.30.7.15 NMAC, 7/16/2024]
21.30.7.16 REQUIREMENTS FOR BREEDING MARES TO A SHEDDING STALLION: The following guidelines are required when
breeding mares to a stallion shedding EAV.
A. If a sero-negative mare is to be bred to a shedding stallion for
the first time:
(1) it
is required that the mare be vaccinated a minimum of 21 days prior to the first
breeding or artificial insemination by a EAV shedding stallion and subsequently
isolated a minimum of 21 days after the breeding or artificial insemination;
(2) during
isolation, the mare shall be physically separated from other equine in a
separate isolation area approved by the state veterinarian or designated
personnel;
(3) after
the isolation period, the mare may move without restriction.
B. Mares that have
been vaccinated against EAV or have been bred to an EAV shedding stallion
within the previous two years may be re-bred to a shedding stallion,
but should be isolated for a minimum of 21 days after breeding, as noted
in Subsection A above.
C. When a mare bred
to a shedding stallion is returned to the premises of origin within 21 days of
breeding, it shall be in a transport vehicle or trailer by herself or with
other sero-positive horses. Upon returning to the premises of origin, the
transport vehicle or trailer and equipment used to move the mare must be
immediately cleaned and disinfected according to procedures approved by the state
veterinarian.
[21.30.7.16 NMAC - Rp, 21.30.7.16 NMAC, 7/16/2024]
21.30.7.17 ACTIONS FOR NEWLY DIAGNOSED SERO-POSITIVE STALLIONS: A stallion infected with EAV
during the breeding season shall immediately cease breeding or immediately
cease having semen collected for artificial insemination or semen collected and
stored for future use. Since EVA is a
reportable disease in the state of New Mexico, the state veterinarian must be
immediately notified in the event of clinical EVA disease demonstrated by a
positive laboratory test of serum or semen.
An owner or agent with a mare booked or bred to a stallion that became
infected with EAV during the breeding season shall be immediately notified in
writing by the stallion’s owner or agent, that the stallion is an EAV
shedder. A copy of the written
notification shall be sent to the state veterinarian. A stallion infected with EAV during the
breeding season shall be classified as an EAV shedder and shall be handled
according to the requirements of this rule.
Following the stallions classification as a shedder, the state
veterinarian may reclassify the stallion as a non-shedder in accordance with
this rule.
[21.30.7.17 NMAC - Rp, 21.30.7.17 NMAC, 7/16/2024]
21.30.7.18 EAV EXPOSED MARES:
Veterinarians, owners, agents, handlers and transporters of equine shall
refer to USDA APHIS 91-55-75, Equine Viral Arteritis, Uniform Methods and Rules
and subsequent revisions.
[21.30.7.18 NMAC - Rp, 21.30.7.18 NMAC, 7/16/2024]
21.30.7.19 EQUINE VACCINATED AGAINST EVA: Veterinarians, owners, agents,
handlers and transporters of equine shall refer to USDA APHIS 91-55-75, Equine
Viral Arteritis, Uniform Methods and Rules and subsequent revisions. Additionally, the following are the
requirements for mares or stallions to be vaccinated with EVA vaccine in New
Mexico.
A. EVA vaccine will
be issued to federally accredited New Mexico licensed veterinarians by written
request through the state veterinarian.
B. Testing of
stallions for antibodies in blood or evidence of EAV in semen shall be
submitted to an approved veterinary laboratory.
C. Stallions vaccinated for
the first time against EVA shall be test negative to a blood sample collected
by an accredited veterinarian prior to vaccination.
D. Stallions
vaccinated for the first time against EVA shall have the EVA vaccine
administered by an accredited veterinarian within 10 days after the sample
collection date.
E. An official
certificate documenting that the stallion has been vaccinated by an accredited
veterinarian shall be sent to the state veterinarian within 7 days of the
vaccination date. The original
laboratory EVA test results shall accompany the certificate.
F. The EVA
vaccination certificate for stallions shall be on a form prescribed by the
state veterinarian.
G. All equids vaccinated for the first time against EVA shall not have
direct exposure to an EVA affected animal or pregnant mare for 28 days after
vaccination.
H. A vaccinated stallion
shall not be used for breeding or artificial insemination within 28 days after
vaccination. A vaccinated mare shall not
be bred within 21 days of vaccination.
I. A sero-negative EVA test is required prior to
vaccination of intact colts between six and 12 months of age.
[21.30.7.19 NMAC - Rp, 21.30.7.19 NMAC, 7/16/2024]
21.30.7.20 NURSE MARES: A nurse mare
shall be:
A. sero-negative;
B. officially
vaccinated against EVA in accordance with 21.30.7.19 NMAC.
[21.30.7.20 NMAC - Rp, 21.30.7.20 NMAC, 7/16/2024]
21.30.7.21 TEASER STALLIONS: A teaser shall be officially vaccinated
against EVA in accordance with 21.30.7.19 NMAC.
[21.30.7.21 NMAC - Rp, 21.30.7.21 NMAC, 7/16/2024]
HISTORY OF 21.30.7 NMAC: [RESERVED]
History of Repealed Material: 21.30.7 NMAC - Equine Viral
Arteritis (EVA) filed (11/17/2006) repealed effective 7/16/2024.
Other History: 21.30.7 NMAC - Equine Viral Arteritis (EVA) filed (11/17/2006) Replaced by
21.30.7 NMAC - Equine Viral Arteritis
(EVA) effective 7/16/2024.