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Old Aug 27th 2013, 12:04 PM   #16
 
  Sep 2012
  Clear Lake, Iowa
Just sent it off for a legal opinion. See what he comes back with . . .
Rhonda Brakke is offline  
Old Aug 27th 2013, 01:05 PM   #17
 
  Sep 2012
  Clear Lake, Iowa
Legal Opinion Received:



I interpret 81.5 as allowing movement through a state (between the states of origin and destination) if they come from a certified herd. In this instance, the federal reg pre-empts state law. This rule is limited in my view to travel between states during transport.



I interpret 81.6 as saying that as far as CWD goes, the states (such as the state of origin or the state of destination) can enact rules/standards that are more strict than the federal rules. Hope this helps.



Because deer producers are reportedly having to obtain permits and jump through hoops to transit through states in an attempt to reach their destination, I have also asked our attorney what, if any, recourse is available to the producer.



Thanks to my father-in-law for reminding us . . . it's our anniversary today . . . have some errands to run! Will be on the ACA call tonight and will report back later.
Rhonda Brakke is offline  
Old Aug 27th 2013, 01:35 PM   #18
 
  Sep 2012
  Clear Lake, Iowa
Standards Vs. 22



(8.4) Transiting



Cervids eligible to move interstate in accordance with the CWD rule, and meeting the conditions specified in Part 81.5, can transit States en-route to their destination. Further, the rule requires farmed or captive cervids moved interstate to be considered low risk for being infected with CWD based on defined farmed cervid herd and wild cervid population surveillance parameters.

Any state requirements for transiting that are more restrictive than the APHIS requirements set forth in the CWD rule (Part 81.5), such as a requirement for a transit permit, are subject to preemption. Although the CWD rule does not require such transport permits, APHIS intends to advise producers and transporters to provide prior notification to any state through which they may transit en-route to their final destination.



Once, again, the Standards go beyond the Federal Rule!!
Rhonda Brakke is offline  
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