Department of State Division of Publications 312 Rosa L. Parks Ave., 8th Floor, SnodgrassrrN Tower Nashville, TN 37243 Phone: 615-741-2650 Email: publlcatlons.lnformatlon@tn.gov

Emergency Rule Filing Form

For Department of State Use Only

Sequence Number:

Rule ID(s):

File Date:

Last Effective Day: ______ _

Emergency rules are effective from date of filing, unless otherwise stated in the rule, for a period of up to 180 days.

Agency/Board/Commission: Department of Agriculture Division: • Animal Health

Contact Person: David Waddell Address: 442 Hogan Road, Nashville, TN

Zip: 37220 Phone: 615-837-5331 Email: david.waddell@tn.gov

Revision Type (check all that apply): X Amendment

New __ Repeal

Statement of Necessity: Decreased slaughter capacity in the Midwest and the northern states caused by Covid-19 is causing large numbers of swine to move illegally into this state. The small local markets in Tennessee are inundated with · these pigs. There is very limited slaughter capacity in the state as well. The fear is that the state's capacity will be filled with illegally imported swine. Disease is also of concern. Without proper identification there is no way to determine if the animals are coming from quarantined areas or other areas where disease is present. Under current rules swine headed to a slaughter market and directly to slaughter are not subject to detailed identification. With adoption of these rules illegally imported swine can be identified and excluded from the market. It is important to adopt these rules to protect the health and welfare of the swine industry as well as the public.

Rule(s) Revised (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please make sure that ALL new rule and repealed rule numbers are listed in the chart below. Please enter only ONE Rule Number/Rule Title per row)

.. Chapter Number Chapter Title 0080-02-13 Swine Markets Rule Number Rule Title -·· 0080-02-13-.01 General

SS-7040 (October 2018) 1 RDA 1693

06-15-209361

6/11/202012/8/2020

Rule 0080-02-13(1 )(a)3 General is amended by deleting that subsection and substituting the following language so that, as amended, the subsection shall read:

All swine entering a market shall be officially identified with a United States Department of Agriculture approved ear tag to identify the consignor. The market shall record the name, address, and signature of the consignee, the slaughter facility destination, and the identification of the swine purchased.

Authority: T.C.A. §§ 4-3-203, 44-2-102,44-2-104, and 44-10-204

SS-7040 (October 2018) 2 RDA 1693

* If a roll-call vote was necessary, the vote by the Agency on these rules was as follows:

Board Member Aye No Abstain Absent Signature (if reauired)

I certify that this is an accurate and complete copy of an emergency rule(s), lawfully promulgated and adopted.

Date: 05/20/2020 __;;_.c..c.=..;;.;.;;;;c..::.=.;:__ _______ _______ _

Signature: _d_~ ___ .. _···_;:: __ 7 ____________ _ Name of Officer: ____c_C-'---h=ar----'li..:...e---'--H..:...:a=tc=--=-h..:...:e'-'-'r,'-'D=..;.:.c:.V...:..:.M.::..c.:._. __________ _

Title of Officer: Commissioner ......;;;....;;..;;.;_;.;;..;;.;.;.c::.=::.;_;_::.:..... _____________ _

Subscribed and sworn to before me on: -----------------

Notary Public Signature: -----------------

My commission expires on: ________________ _

Agency/Board/Commission: _D_e,,_pa_rt---'--m-'---e..:...n----'t----'o'----f_A..,..g'----ri_cu_l-'---tu_re ___________________ _

Rule Chapter Number(s): 0080-02-13 ------------------------------

All emergency rules provided for herein have been examined by the Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5.

Department of State Use Only

SS-7040 (October 2018)

~,»-'1~lfi?i!.~ Ill Attorney General and Reporter

lR It/:; OJ,O TT Date

Filed with the Department of State on: _____ _________ _

Effective for: ____________ *d=a=y-=s-

Effective through : ____________ _ _ _

* Emergency ru/e(s) may be effective for up to 180 days from the date of filing.

3

Tre Hargett Secretary of State

RDA 1693

6/11/2020

180

12/8/2020

Impact on Local Governments

Pursuant to T.C.A. §§ 4-5-220 and 4-5-228 "any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether the rule or regulation may have a projected impact on local governments." (See Public Chapter Number 1070 (http://publications.tnsosfiles.com/acts/106/pub/pc1070.pdt) of the 201 0 Session of the General Assembly)

There is no impact on local government.

SS-7040 (October 2018) 4 RDA 1693

Additional Information Required by Joint Government Operations Committee

All agencies, upon filing a rule, must also submit the following pursuant to T.C.A. § 4-5-226(i)(1).

(A) A brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule;

This rule requires all swine entering a slaughter market to be identified with a permanent USDA approved ear tag so that origin of the animal can be identified to stop the spread of disease cause by illegal importation of swine.

(B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto;

Title 44 of T.C.A. gives the commissioner and state veterinarian to authority to regulate the movement of animals for the control of disease. 9 C.F.R. 71 deals with the identification of animals in interstate commerce.

(C) Identification of persons, organizations, corporations or governmental entities most directly affected by this rule, and whether those persons, organizations, corporations or governmental entities urge adoption or rejection of this rule;

I The pork industry as well as the general agriculture community supports the adoption of the rule.

(D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to the rule or the necessity to promulgate the rule;

(E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less;

I The fiscal impact of this rule will be minimal

(F) Identification of the appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule;

I David Waddell, Director of Law and Policy

(G) Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees;

I David Waddell, Director of Law and Policy

(H) Office address, telephone number, and email address of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and

(I) Any additional information relevant to the rule proposed for continuation that the committee requests.

SS-7040 (October 2018) 5 RDA 1693