TITLE agriculture

Part II. Texas Animal Health Commission

Chapter 43. Tuberculosis

Subchapter A. Cattle

4 TAC §43.2, §43.3

The Texas Animal Health Commission (TAHC) proposes amendments to Chapter 43, Subchapter A, concerning Tuberculosis in Cattle. This proposal amends §43.2 and proposes a new §43.3. Section 43.2 provides for interstate movement requirements. Section 43.3 is a new section which contains requirements for slaughter tag collection for cattle slaughter plants. The proposed changes are for the purpose of requiring a Certificate of Origin for cattle coming into Texas from Mexico and to require that beef slaughter plants collect and submit diagnostic specimens for the purpose of testing for tuberculosis as directed by state or federal inspection personnel.

The Certificate of Origin requirement is in response to recommendations from the Bi-National Committee regarding all steers and spayed heifers arriving at ports for export from Mexico into Texas. The purpose is to insure that the cattle coming are accompanied by a document specifying the State in Mexico from which the consignment originated as well as indicating that the cattle have received the tuberculosis tests required by the State of destination in the U.S.

The slaughter plant collection is providing specific requirements as authorized by the Texas Agriculture Code, §161.055. The purpose of the rule is to establish and specify the standard of requirement for collecting and submitting diagnostic specimens. The reason is to insure that the agency can perform a trace-back of animals that are slaughtered and show signs of having tuberculosis. The agency has identified that as being a potential problem because of the fact that some animals have been slaughtered which have shown signs of tuberculosis and the agency was not able to identify adequately the herd of origin.

Suzy Whittenton, Assistant Executive Director of Administration, Texas Animal Health Commission, has determined for the first five-year period the rules are in effect, there will be no additional fiscal implications for state or local government as a result of enforcing or administering the rules. The rule puts in place clearer requirements in order to insure the commission's ability to trace back tuberculosis to any herd of origin identified as associated with a specific animal or herd.

Mrs. Whittenton also has determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be clear and concise regulations. The public benefit will be that the state will be able to insure that an animal does not have tuberculosis that could possibly infect other animals. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rules as proposed.

In accordance with Government Code, §2001.022, this agency has determined that the proposed rule will not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission.

The agency has determined that the proposed governmental action will not affect private real property. These proposed rules are an activity related to the handling of animals, including requirements concerning testing, movement, inspection, identification, reporting of disease, and treatment, in accordance with 4 TAC §59.7, and are, therefore, compliant with the Private Real Property Preservation Act as found in Government Code, Chapter 2007.

Comments regarding the proposed amendments may be submitted to Edith Smith, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas, 78758.

The amendment and new rule are proposed under the Texas Agriculture Code, Chapter 161, §161.041(a) and (b), and §161.046 which authorizes the Commission to promulgate rules in accordance with the Texas Agriculture Code. Section 161.055 provides the commission authority that a slaughter plant is required to collect identification of animals. Also, the Commission relies upon §161.081 to address issues related to importation of these animals.

No other statutes, articles, or codes are affected by the amendment and new rule.

§43.2.Interstate Movement Requirements.

(a)-(c)

(No change.)

(d)

Steers and spayed heifers from Mexico may enter as follows:

(1)-(5)

(No change.)

(6)

All steers and spayed heifers arriving at ports for export from Mexico into the U.S. must be accompanied by a "Certificate of Origin" specifying the State in Mexico from which the consignment originated. Additionally, tuberculosis tests required by the State of destination in the U.S. must be listed on the certificate or accompany the certificate.

(e)-(i)

(No change.)

§43.3.Slaughter Plant Collection.

(a)

Slaughter plants for cattle are required to collect and submit diagnostic specimens for the purpose of testing for tuberculosis as directed by state or federal inspection personnel.

(b)

The slaughter of cattle shall be conducted so that the carcass and any diagnostic specimens can be identified as being derived from a particular animal. Handling shall include, but is not limited to, the retention of metal ear tags, backtags, herd identification ear tags, ear bangles, electronic implants, and other man made identifying devices affixed to the animal, in a way that correctly relates the diagnostic specimen to the carcass from which it was taken.

(c)

The identification devices referred to in subsection (b) of this section shall be included with the documentation submitted with a diagnostic specimen.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on August 2, 1999.

TRD-9904723

Gene Snelson

General Counsel

Texas Animal Health Commission

Earliest possible date of adoption: September 12, 1999

For further information, please call: (512) 719-0714


Subchapter B. Goats

4 TAC §43.10, §43.11

The Texas Animal Health Commission proposes amendments to Chapter 43, Subchapter B, concerning Tuberculosis in Goats. This proposal amends §43.10 and §43.11. Section 43.10 provides definitions for terms contained in the new sections. Section 43.11 concerns general requirements and provides for testing procedures and the designation of an official test. Additionally, the Subchapter title has changed from "Dairy and Meat Type Goats" to "Goats".

Suzy Whittenton, Assistant Executive Director of Administration, Texas Animal Health Commission, has determined for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.

Mrs. Whittenton also has determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be clear and concise regulations. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rules as proposed.

In accordance with Government Code, §2001.022, this agency has determined that the proposed rule will not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission.

The agency has determined that the proposed governmental action will not affect private real property. These proposed rules are an activity related to the handling of animals, including requirements concerning testing, movement, inspection, identification, reporting of disease, and treatment, in accordance with 4 TAC §59.7, and are, therefore, compliant with the Private Real Property Preservation Act in Government Code, Chapter 2007.

Comments regarding the proposed amendments may be submitted to Edith Smith, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758.

The amendments are proposed under the Texas Agriculture Code, Chapter 161, §161.041(a) and (b), and §161.046 which authorizes the Commission to promulgate rules in accordance with the Texas Agriculture Code.

No other statutes, articles, or codes are affected by the amendments.

§43.10.Definitions.

The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1)

(No change.)

(2)

Goats [ goats ]--Domestic caprids (genus Capra)[ , Dairy goats and meat type goats kept for the purpose of producing milk or meat for human consumption ].

(3)-(7)

(No change.)

(8)

Suspect--Any goat which shows a response to the caudal fold tuberculin test and is not classified a reactor or goats which have been classified suspects by a comparative cervical [ c-c ] test.

(9)-(10)

(No change.)

§43.11.Accredited Herd Plan for [ Dairy And Meat Type ] Goats.

(a)

(No change.)

(b)

Additions. Herd additions must originate directly from one of the following:

(1)

(No change.)

(2)

herd in a modified accredited state that has passed a herd test of all animals [ over ] 12 months of age and older ,and the individual animals for addition were negative to the tuberculin test conducted within 60 days;

(3)

(No change.)

(c)

Accreditation and reaccreditation. To qualify for accredited herd status, the herd must pass at least two consecutive annual tuberculin tests with no evidence of bovine tuberculosis disclosed. All animals must be bona fide members of the herd. Herds that qualify for accredited herd status [ Qualified herds ] shall be issued a certificate by the local state and federal officials. The accreditation period will be 12 months (365 days) from the anniversary date and not 12 months from the date of the reaccreditation test. To qualify for reaccreditation the herd must pass an annual test within a period of 10 to 14 months of the anniversary date.

(d)

(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on August 2, 1999.

TRD-9904724

Gene Snelson

General Counsel

Texas Animal Health Commission

Earliest possible date of adoption: September 12, 1999

For further information, please call: (512) 719-0714


Chapter 45. Reportable Diseases

4 TAC §45.1, §45.2

The Texas Animal Health Commission (TAHC) proposes a new Chapter 45 concerning Reportable Diseases. This proposal creates new §45.1, and §45.2. Section 45.1 provides definitions for terms contained in the new sections. Section 45.2 concerns general requirements and provides for which diseases are reportable.

House Bill (HB) 1244 was passed by the 76th Texas Legislative Session and contains requirements related to duty of a veterinarian to report specified animal health diseases. This requirement will amend the Texas Agriculture Code Chapter 161, §161.101. The section currently requires a veterinarian to report to the commission the existence of any diseases specified by the statute. HB 1244 is amending that section to repeal the existing list of diseases and authorizing the commission to promulgate rules to specify those diseases. The Section of HB 1244 which authorizes the commission to specify the specific disease will not take effect until January 1, 2000. Any diseases adopted by the commission as being reportable will not become effective until January 1, 2000.

Suzy Whittenton, Assistant Executive Director of Administration, Texas Animal Health Commission, has determined for the first five-year period the rules are in effect, there will be no additional fiscal implications for state or local government as a result of enforcing or administering the rules. There is already in effect a requirement that veterinarians must report the existence of certain diseases. The rules as proposed are attempting to provide a list which reflects today's animal health concerns.

Mrs. Whittenton also has determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be clear and concise regulations. Furthermore, all veterinarians in the state of Texas are already required by the Texas Veterinary Licensing Act, Article 8890 of the Texas Revised Civil Statutes, to report the existence of such a disease to the commission. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rules as proposed.

In accordance with Government Code, §2001.022, this agency has determined that the proposed rule will not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission.

The agency has determined that the proposed governmental action will not affect private real property. These proposed rules are an activity related to the handling of animals, including requirements concerning testing, movement, inspection, identification, reporting of disease, and treatment, in accordance with 4 TAC §59.7, and are, therefore, compliant with the Private Real Property Preservation Act in Government Code, Chapter 2007.

Comments regarding the proposed new sections may be submitted to Edith Smith, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas, 78758.

The new sections are proposed under the Texas Agriculture Code, Chapter 161, §161.041(a) and (b), and §161.046 which authorizes the Commission to promulgate rules in accordance with the Texas Agriculture Code. HB 1244, from the 76th Texas Legislative Session, provides in Sections 2 and Section 6 (b) that the commission has the authority to promulgate such a rule.

No other statutes, articles, or codes are affected by the new rules.

§45.1.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1)

Office International Des Epizooties List A Diseases--These are diseases which have the potential for very serious and rapid spread, irrespective of national borders, which are of serious socio-economic or public health consequence and which are of major importance in the international trade of animals and animal products.

(2)

Foreign Animal Diseases--These are animal diseases recognized by the United States Department of Agriculture as not being found in the United States.

(3)

National Program Disease--These are animal diseases that are the subject of a national state/federal cooperative eradication program between the state of Texas and the United States Department of Agriculture.

(4)

Texas Animal Health Commission Designated Disease--Animal diseases that the Commission has determined must be reported in order that the Commission may act as necessary to eradicate or control significant animal diseases.

§45.2 .Duty To Report.

(a)

A veterinarian shall report the existence of the following diseases among livestock, exotic livestock, domestic fowl, or exotic fowl to the commission within 24 hours after diagnosis. The following figure includes diseases and conditions that are Office International Des Epizooties List A Diseases, Foreign Animal Diseases, National Program Diseases or Texas Animal Health Commission Designated Diseases.

Figure: 4 TAC §45.2(a)

(b)

In addition to reporting the existence of a disease under subsection (a) of this section, the veterinarian shall also report to the commission information relating to:

(1)

the species and number of animals involved;

(2)

any clinical diagnosis or postmortem findings;

(3)

any death losses;

(4)

location; and

(5)

owner

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on August 2, 1999.

TRD-9904725

Gene Snelson

General Counsel

Texas Animal Health Commission

Earliest possible date of adoption: September 12, 1999

For further information, please call: (512) 719-0714


Chapter 49. Equine

4 TAC §49.1, §49.2

The Texas Animal Health Commission (TAHC) proposes amendments to Chapter 49 concerning Equine. This proposal amends §49.1 and §49.2. Section 49.1 provides for Equine Infectious Anemia: Identification and Handling of Infected Equine. Section 49.2 concerns Interstate Movement Requirement. These sections are being amended to address equine infectious anemia testing requirements for change of ownership and also to recognize the use of the equine passport or equine identification card for movement of equine traveling across state lines to participate in assemblies, exhibitions and fairs.

During the 76th Texas Legislative Session there was a passed House Bill (HB) 1732 passed relating to the testing of certain equine animals for EIA. The Commission is proposing rules which reflect the requirements of the legislation. For change of ownership, all equine, unless an animal qualifies for a limited exception, must have a negative EIA test.

The commission is proposing to authorize and recognize an equine passport or an equine identification card as an appropriate animal health document for equine which travel to interstate shows and fairs from other states. The equine passport or identification card would be valid for six months, require a current EIA test every six months, and serve in lieu of a health certificate among the participating states. Only one horse would be listed on a passport or identification card. One standard format would be used by each state, but information about where to return the document and a unique sequential number would be different by state. A passport or identification card would be in addition to and separate from EIA papers. The passport would be issued and filled out by a private accredited veterinarian. Permanent identification would be required (tattoo, brand, or electronic/microchip technology) on the passport or the identification card and EIA test forms along with the name, age, breed, sex, color/marking, date bled, lab name, test result, accession number, and type of test. The recognition of the equine passport and the equine identification card is also being proposed in 4 TAC §51 concerning Interstate Shows and Fairs.

Suzy Whittenton, Assistant Executive Director of Administration, Texas Animal Health Commission, has determined for the first five-year period the rules are in effect, there will be no added fiscal implications for state or local government as a result of enforcing or administering the rules. Because the agency already has placed requirements regarding interstate movement of equine as well as change of ownership testing requirements for equine, the proposed changes will not add additional requirements in administering the rule.

Mrs. Whittenton also has determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be clear and concise regulations as intended to protect equine in Texas from being exposed to EIA. Furthermore, the use of the equine passport or equine identification card will assist individuals who travel to various states and participate in organized equine events. Any additional cost for the equine passport or equine identification card would only apply to those who voluntarily elect to obtain either one of them. Their expense would be limited to paying a private veterinarian to conduct a negative EIA test. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rules as proposed.

In accordance with Government Code, §2001.022, this agency has determined that the proposed rule will not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission.

The agency has determined that the proposed governmental action will not affect private real property. These proposed rules are an activity related to the handling of animals, including requirements concerning testing, movement, inspection, identification, reporting of disease, and treatment, in accordance with 4 TAC §59.7, and are, therefore, compliant with the Private Real Property Preservation Act as provided in Government Code, Chapter 2007.

Comments regarding the proposed amendments may be submitted to Edith Smith, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758.

The amendments are proposed under the Texas Agriculture Code, Chapter 161, §161.041(a) and (b), and §161.046 which authorize the Commission to promulgate rules in accordance with the Texas Agriculture Code. Also the Commission relies upon §161.081 to address issues related to importation of these animals. HB 1732 from the 76th Texas Legislative Session provides that the owner of an equine must comply with the legislation for a change of ownership.

No other statutes, articles, or codes are affected by the amendments.

§49.1.Equine Infectious Anemia (EIA): Identification and Handling of Infected Equine.

(a)

Official Test. The agar gel immunodiffusion (AGID) test, also known as the Coggins test, the Competitive Enzyme-Linked Immunosorbent Assay (CELISA) test, and other USDA-licensed tests approved by the commission, are the official tests for equine infectious anemia (EIA) in horses, asses, mules, ponies, zebras and any other equine in Texas.

(b)

Authorization to conduct test. Only United States Department of Agriculture (USDA)-approved laboratories , including USDA approved off-site laboratories, are allowed to run the AGID and CELISA or other USDA licensed tests and all tests will be official. Only test samples from accredited veterinarians or other TAHC authorized personnel accompanied by a completed VS Form 10-11 can be accepted for official testing.

(c)

Official Identification of Equine Tested for EIA. All official blood tests must be accompanied by a completed VS Form 10-11 (Equine Infectious Anemia Laboratory Test) listing the description of the equine to include the following: age, breed, color, sex, animal's name, and all distinctive markings (i.e., color patterns, brands, tattoos, scars, or blemishes). In the absence of any distinctive color markings or any form of visible permanent identification (brands, tattoos or scars), the animal must be identified by indicating the location of all hair whorls, vortices or cowlicks with an "X" on the illustration provided on the VS Form 10-11. It must list owner's name, address, the animal's home premise and county, the name and address of the authorized individual collecting the test sample, and laboratory and individual conducting the test. The EIA test document shall list one horse only.

(d)

Reactor. A reactor is any equine which discloses a positive reaction to the official test. The individual collecting the test sample must notify the animal's owner of the quarantine within 48 hours after receiving the results.

(e)

Retest of reactors. Equine which have been disclosed as reactors may be retested prior to branding provided:

(1)

owners or their agents initiate a request to the TAHC Area Director of the area where the horse is located;

(2)

retests are conducted within 30 days after the date of the original test;

(3)

blood samples for retests are collected by the person who collected the sample for the first test or by TAHC personnel, and the blood samples are submitted to the Texas Veterinary Medical Diagnostic Laboratory (TVMDL) for testing;

(4)

the individual collecting the retest sample is provided documentation that the animal being retested is the same as the one shown positive on the initial test and can verify the retested equine as being the same as shown on the original test document; and

(5)

the positive animal is held under quarantine along with all other equine on the premise.

(f)

Official identification of reactors. A reactor to the official test must be permanently identified using the National Uniform Tag Code number assigned by the USDA to the state in which the reactor was tested followed by the letter "A" (the code for Texas is 74A). The reactor identification must be permanently applied by a representative of the Texas Animal Health Commission who must use for the purpose of identification, a hot-iron brand or freeze-marking brand. The brand must be not less than two inches high and shall be applied to the left shoulder or left side of the neck of the reactor. Reactors must be branded within ten days of the date the laboratory completes the test unless the equine is destroyed. Any equine destroyed prior to branding must be described in a written statement by the accredited veterinarian or other authorized personnel certifying to the destruction. This certification must be submitted to the Texas Animal Health Commission promptly.

(g)

Quarantine. Any equine animal found to be a reactor to the official test will be quarantined by a representative of the Texas Animal Health Commission to the premises of its home, farm, ranch or stable until natural death, disposition by euthanasia, slaughter, or disposition to a Texas Animal Health Commission approved, diagnostic or research facility. The quarantine shall restrict the infected equine, all other equine on the premise, and all equine epidemiologically determined to have been exposed to an EIA-positive animal to isolation at least 200 yards away from equine on adjacent premises.

(h)

Movement of Reactors and Exposed Equine.

(1)

Reactor equine. Following official identification, a reactor must be accompanied by a VS Form 1-27 permit issued by an accredited veterinarian or other authorized state or federal personnel when moved from its home premises either:

(A)

Directly to a slaughter plant, slaughter-only market, or slaughter-only buying facility; or

(B)

Directly to an approved diagnostic or research facility; or

(C)

Directly to a livestock market to be sold for slaughter, provided that within 24 hours prior to entry, the equine is inspected by a TAHC veterinarian or a Texas USDA- accredited veterinarian to ensure the equine displays no clinical signs of EIA and has a normal temperature. The auction market must isolate the positive equine from other equine, pen the positive equine under a roof, and hold the positive equine on the premise for no longer than 24 hours.

(2)

Exposed equine. Exposed equine must be identified with an "S" brand placed on the left shoulder or left side of the neck, and be accompanied by a VS Form 1-27 permit issued by an accredited veterinarian or other authorized state or federal personnel when moved either:

(A)

Directly to a livestock market for sale directly to slaughter provided the exposed equine is quarantined at the market in isolation from other horses; or

(B)

Directly to a slaughter plant, slaughter-only market, or slaughter-only buying facility; or

(C)

Directly to an approved diagnostic or research facility.

(i)

Requirements for testing equine on quarantined premises. All equine determined to have been on the same premise with an EIA-positive horse at the time the positive horse was bled shall be tested by an accredited veterinarian at owner's expense or by Commission personnel. Nursing foals are exempt from testing.

(j)

Requirements for Testing Exposed Equine and High Risk Herds.

(1)

Exposed equine. All equine epidemiologically determined to have been exposed to an EIA-positive animal shall be quarantined and tested by an Accredited Veterinarian at owner's expense or by Commission personnel. Nursing foals are exempt from testing.

(2)

Whole herd testing. All equine except nursing foals that are part of a herd from which a reactor has been classified shall be tested by an Accredited Veterinarian at owner's expense or by Commission personnel. A herd is:

(A)

All equine under common ownership or supervision that are on one premise; or

(B)

All equine under common ownership or supervision on two or more premises that are geographically separated, but on which the equine have been interchanged or where there has been contact among the equine on the different premises. Contact between equine on the different premises will be assumed unless the owner establishes otherwise and the results of the epidemiologic investigation are consistent with the lack of contact between premises; or

(C)

All equine on common premises, such as community pastures or grazing association units, but owned by different persons. Other equine owned by the persons involved which are located on other premises are considered to be part of this herd unless the epidemiologic investigation establishes that equine from the affected herd have not had the opportunity for direct or indirect contact with equine from that specific premise.

(3)

High Risk Testing. Herds determined to be at high risk shall be tested by an accredited veterinarian at owner's expense or by commission personnel. High risk herds are those epidemiologically judged by a State-Federal veterinarian to have a high probability of having or developing equine infectious anemia. A high risk herd need not be located on the same premise as an infected or adjacent herd.

(k)

Release of EIA quarantine. The EIA quarantine may be released by the Texas Animal Health Commission after all quarantined equine test negative at least 60 days following identification and removal of the last EIA-positive equine as set out in subsections (f) and (h) of this section. Epidemiological data may be considered in the release of the quarantine.

(l)

Requirements for Change of Ownership. A negative EIA test within the previous 12 months is required for all equine, except zebras , which are eight months of age or older, changing ownership in Texas, except, if the animal is: [ including horses moving to slaughter: ]

(1)

[ if the animal is ] sold direct to slaughter, to be tested at the slaughter facility at Commission expense; or

(2)

a nursing foal, less than eight months old, that is transferred with its dam and the dam has tested negative for equine infectious anemia during the 12 months preceding the date of the transfer.

[ (2)

if the animal is sold to other than slaughter, the auction market:]

[(A)

marks the buyer's sheet with a stamp provided by the Commission that has the following statement: "To the best of our knowledge, this horse(s) has not been tested for EIA and is being sold as is"; and]

[(B)

provides the buyer with an educational pamphlet supplied by the Commission.]

§49.2.Interstate Movement Requirements.

(a)

Equine infectious anemia (EIA) requirements. All horses, mules, asses, ponies, zebras and any other equidae must have been tested and found to be negative to an [ a negative agar gel immunodiffusion (AGID) test or a negative competitive enzyme-linked immunosorbent assay (CELISA) ] official test for EIA within 12 months prior to entering Texas. The negative test results together with the date of the test and name of the laboratory conducting the test must be shown on the certificate of veterinary inspection. Alternatively, a completed VS Form 10-11 (Equine Infectious Anemia Laboratory Test) may be attached to the Certificate of Veterinary Inspection in place of copying information on the Certificate of Veterinary Inspection. Only test results from USDA-approved laboratories are acceptable. Exceptions to these requirements are:

(1)

equidae consigned directly to an approved slaughtering establishment accompanied by a prior permit issued by the Texas Animal Health Commission;

(2)

equidae that have been "S" branded and consigned directly to an approved slaughter establishment accompanied by a VS 1-27 permit;

(3)

equidae may enter Texas when consigned directly to a veterinary hospital or clinic for treatment or for usual veterinary procedures when accompanied by a prior permit issued by the Texas Animal Health Commission. Following release by the veterinarian, equidae must be returned immediately to the state of origin by the most direct route.

(4)

equidae may enter Texas for shows, fairs, exhibitions or assembly purposes when accompanied by a valid equine interstate passport or equine identification card and a completed VS form 10-11 showing negative results to an official EIA test within the previous six months.

(b)

Fever tick requirements. Equidae originating in a fever tick infected area must be accompanied by a certificate issued by an authorized state or federal inspector showing them free of fever tick infestation or exposure thereto and dipped in a recognized dipping solution. Dipping must be under the supervision of a state or federal inspector immediately prior to shipment, and the equidae must be transported in clean and disinfected trucks, railroad cars, or other vehicles.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 2, 1999.

TRD-9904726

Gene Snelson

General Counsel

Texas Animal Health Commission

Earliest possible date of adoption: September 12, 1999

For further information, please call: (512) 719-0714


Chapter 51. Interstate Shows and Fairs

4 TAC §51.1, §51.2

The Texas Animal Health Commission (TAHC) proposes amendments to Chapter 51, concerning Interstate Shows and Fairs. This proposal amends §51.1 and §51.2. Section 51.1 provides definitions for terms contained in the chapter. Section 51.2 concerns general requirements.

The commission is proposing to authorize and recognize an equine passport or equine identification card as an appropriate animal health document for equine which travel to interstate shows and fairs from other states. The equine passport or equine identification card would be valid for six months, require a current EIA test every six months, and serve in lieu of a health certificate among the participating states. Only one horse would be listed on a passport or identification card. One standard format would be used by each state, but information about where to return the document and a unique sequential number would be different by state. A passport or identification card would be in addition to and separate from EIA papers. The passport would be issued and filled out by a private accredited veterinarian. Permanent identification would be required (tattoo, brand, or electronic/microchip technology) on the passport or identification card and EIA test forms along with the name, age, breed, sex, color/marking, date bled, lab name, test result, accession number, and type of test. The requirements for the equine passport and equine identification card are also being proposed to 4 TAC 49 concerning Equine.

Suzy Whittenton, Assistant Executive Director of Administration, Texas Animal Health Commission, has determined for the first five-year period the rules are in effect, there will be no additional fiscal implications for state or local government as a result of enforcing or administering the rules. Because the agency already has placed requirements regarding interstate movement of equine, the changes proposed will not bring additional requirements in administering the rule.

Mrs. Whittenton also has determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be clear and concise regulations as intended to protect equine in Texas from being exposed to EIA. Furthermore, the use of the equine passport or identification card will assist individuals who travel to various states and participate in organized equine events. Any additional cost for the equine passport or identification card would only apply to those that voluntarily elect to obtain either one of them. Their expense would be limited to paying a private veterinarian to conduct a negative EIA test. There will be no effect on small businesses. There are no additional anticipated economic costs to persons who are required to comply with the rules as proposed.

In accordance with Government Code, §2001.022, this agency has determined that the proposed rule will not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission.

The agency has determined that the proposed governmental action will not affect private real property. These proposed rules are an activity related to the handling of animals, including requirements concerning testing, movement, inspection, identification, reporting of disease, and treatment, in accordance with 4 TAC §59.7, and are, therefore, compliant with the Private Real Property Preservation Act in Government Code, Chapter 2007.

Comments regarding the proposed amendments may be submitted to Edith Smith, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758.

The amendments are proposed under the Texas Agriculture Code, Chapter 161, §161.041(a) and (b), and §161.046 which authorize the Commission to promulgate rules in accordance with the Texas Agriculture Code. Also the Commission relies upon §161.081 to address issues related to importation of these animals.

No other statutes, articles, or codes are affected by the amendments.

§51.1.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1)

Accredited veterinarian--One who is approved to perform specified functions required by cooperative state-federal disease control eradication programs pursuant to Code of Federal Regulations, Part 160.

(2)

Assembly--Boarding stables, boarding pastures, breeding farms, parades, rodeos, roping events, trail rides, and training stables.

(3)

Certificate of veterinary inspection--A document signed by an accredited veterinarian that shows the livestock, poultry, exotic livestock, or exotic fowl listed were inspected and subjected to tests, immunizations, and treatment as required by the commission. Certificates are valid for 45 days for equine and 30 days for all other species.

(4)

Entry permit--A permit issued by the commission that allows livestock, poultry, exotic livestock, or exotic fowl to enter Texas provided movement criteria have been met. The permit is valid for 15 days.

(5)

Equine interstate passport--A document signed by an accredited veterinarian that shows the equine listed was inspected, subjected to tests, immunizations and treatment as required by the issuing state animal health agency, and contains a description of the equine listed. The passport is valid for six months when accompanied by proof of an official negative EIA test within the previous six months. Permanent individual animal identification in the form of a lip tattoo, brand or electronic implant is required for all equine approved for the equine interstate passport. This document is valid for equine entering from any state which has entered into a written agreement to reciprocate with Texas.

(6)

Equine identification card--A document signed by the owner and a brand inspector or authorized state animal regulatory agency representative which lists the animal's name and description and indicates the location of all identifying marks or brands. This document is valid for equine entering from any state which has entered into a written agreement to reciprocate with Texas.

(7)

[ (5) ] Interstate show, fair, or exhibition--A show, fair, or exhibition that permits livestock and poultry from other states to enter for show or exhibition and be held in common facilities with Texas origin livestock and poultry of the same species.

(8)

[ (6) ] Intrastate show, fair, or exhibition--A show, fair, or exhibition that requires Texas livestock and poultry of the same species to be housed and exhibited separate and apart from livestock and poultry from out-of-state.

(9)

[ (7) ] Local livestock show--A show which limits exhibitions to those which originate from the county where the show is held and the adjacent counties.

(10)

[ (8) ] "S" permit--Any document designated by the executive director for movement of cattle with restricted movement. A VS 1-27 permit may be used for this purpose as well as the New Mexico Form 1A when it is clearly identified as an "S" permit listing the market of origin and is accompanied by the purchase sheet.

(11)

[ (9) ] Waybill--A document used for livestock moving directly to a livestock market, quarantined feedlot, or slaughter plant. The waybill contains the following information:

(A)

name and address of owner or shipper;

(B)

point of origin;

(C)

number and type of livestock;

(D)

purpose of movement; and

(E)

destination.

§51.2.General Requirements.

(a)

Entry from nonquarantined herd, flock, or area. All livestock or poultry entering Texas from any state, territory, or foreign country shall be from a herd, flock, or area not under quarantine except as provided in subsection (c) of this section.

(b)

Certificate of veterinary inspection.

(1)

All nonquarantined livestock or poultry entering Texas from any state, territory, or foreign country shall have a certificate of veterinary inspection, except:

(A)

cattle 18 months of age and over delivered directly from the farm of origin to slaughter or a USDA specifically approved livestock market by the owner or consigned there and accompanied by a waybill;

(B)

cattle 18 months of age and over entering from other than a farm-of-origin may be moved to slaughter, to a designated pen, or to a quarantined feedlot when accompanied by an "S" permit on which each animal is individually identified. Brucellosis test data shall be written on the "S" permit and include test date and results of that test;

(C)

steers, spayed heifers, cattle under 18 months of age, sheep, goats, and equine delivered to slaughter or livestock market by the owner or consigned there and accompanied by a waybill;

(D)

swine and poultry delivered to slaughter by the owner or consigned there and accompanied by a waybill;

(E)

baby poultry which have not been fed or watered if from a national poultry improvement plan (NPIP) or equivalent hatchery, and accompanied by NPIP Form 9-3 or Animal and Plant Health Inspection Service (APHIS) Form 17-6; and

(F)

steers, spayed heifers, and cattle under 18 months of age originating in New Mexico which are accompanied by a New Mexico official certificate of livestock inspection along with proof of brucellosis vaccination of heifers which are required to be vaccinated.

(2)

The certificate of veterinary inspection shall state that:

(A)

the veterinarian found the animals to be free of symptoms or evidence of communicable diseases determined by the commission to be dangerous to Texas animals; and

(B)

the animals were subjected to tests, immunizations, and treatment required by rule of the commission. Animals that have been vaccinated or tested for any disease as required by the commission shall be individually identified on the certificate of veterinary inspection except that brucellosis vaccinated heifers under 18 months of age with tattoos and vaccination tags require only a statement by the veterinarian that they are vaccinated and individually identified.

(c)

Livestock or poultry entering from quarantined herds, flocks, or areas.

(1)

Animals, poultry, or birds originating in a state or area under quarantine as a result of action taken during a meeting of the commission shall not be moved into Texas except as specified in the quarantine notice.

(2)

Animals, poultry, or birds affected with or recently exposed to infectious, contagious, or communicable disease and not in an area or state under the commission's quarantine or that originate in quarantined herds or flocks shall not be moved into Texas unless:

(A)

they are consigned to slaughter or quarantined feedlot and accompanied by a VS Form 1-27 permit issued by an accredited veterinarian or regularly employed veterinarians or inspectors of the state of origin or of the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services; or

(B)

upon written permission by the executive director of the commission for each consignment.

(d)

Entering Shows, Fairs, Exhibitions, and Assemblies.

(1)

Out-of-state or area origin. Livestock and poultry entering for exhibition and sale shall be accompanied by a certificate of veterinary inspection and a permit for entry. Livestock and poultry entering only for exhibition purposes are required to be accompanied by a certificate of veterinary inspection. Vaccination for brucellosis is not required for cattle. Equine may enter shows, fairs, exhibitions or assemblies without a certificate of veterinary inspection when accompanied by a valid equine interstate passport or equine identification card and a completed VS Form 10-11 showing negative results to an official EIA test within the previous six months. Horses entering a pari-mutuel track must have a negative EIA test within the past 12 months and a Certificate of Veterinary Inspection.

(2)

In-state origin.

(A)

Equine. Must have had a negative EIA test within the past 12 months if entering a show, fair, exhibition, or assembly. Horses entering a pari-mutuel track must have a negative EIA test within the past 12 months and a Certificate of Veterinary Inspection. Foals less than eight months of age, as evidenced by the lack of the eruption of the third pair of upper incisors, nursing a negative dam are exempt from testing.

(B)

Breeding rams. May enter shows, fairs, and exhibitions without a test for Brucella ovis if they originate in Texas.

(C)

Other livestock and poultry. Shall meet the same requirements as for those entering from out-of-state and be accompanied by a certificate of veterinary inspection when entering shows, fairs, and exhibitions that are determined to be interstate. Livestock entered in all intrastate shows, fairs, and exhibitions are exempt from the certificate of veterinary inspection and testing requirements except poultry shall originate from flocks or hatcheries free of pullorum disease and fowl typhoid or have a negative pullorum-typhoid test within 30 days before exhibition. Poultry entering from out-of-state are not required to have a certificate of veterinary inspection if:

(i)

they are entered in a show, fair, or exhibition of less than 10 days duration with immediate return to the state of origin;

(ii)

accompanied by a VS 9-2 or NPIP 3B blood testing report or a current state testing report form;

(iii)

originate from a state that is classified as United States Pullorum-Typhoid clean; and

(iv)

the state of origin has no flock under federal quarantine for any infectious disease of poultry.

(e)

Entry permits.

(1)

All livestock or poultry entering Texas from any state, territory, or foreign country shall have an entry permit unless exempt by regulations governing entry by species or disease.

(2)

Entry permit requests shall be directed to the commission by either writing to Texas Animal Health Commission c/o Permits P.O. Box 12966, Austin, Texas 78711-2966; or by telephoning (512) 719-0777.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 2, 1999.

TRD-9904727

Gene Snelson

General Counsel

Texas Animal Health Commission

Earliest possible date of adoption: September 12, 1999

For further information, please call: (512) 719-0714