Part II.
Texas Animal Health Commission
Chapter 35.
Brucellosis
Subchapter B. Eradication of Brucellosis in Swine
4 TAC §35.41, §35.42
The Texas Animal Health Commission (TAHC) adopts amendments
to §35.41 and §35.42, concerning Eradication of Brucellosis in Swine.
Section 35.41 is adopted without changes to the proposed text as published
in the May 28, 1999, issue of the
Texas Register
(24 TexReg 3960) and will not be republished. Section 35.42 is adopted
with one change to the proposed text as published in the May 28, 1999, issue
of the
Texas Register
(24 TexReg 3960). The
commission did not receive any comments but makes a non-substantive change
in order to be clearer on the requirement. Section 35.42(c) is changed from
the proposed wording of "animals not testing negative" to "animals testing
positive." It does not change the meaning of the subsection, but it does provide
greater clarity in understanding the requirement.
Section 35.41 is amended to more clearly communicate that swine herds which
contain exposed swine are subject to existing restrictions and subsequent
testing requirements as contained in the regulations. Section 35.42 is amended
to reflect changes in the current testing methodology for brucellosis in swine.
The Automated Complement Fixation (ACF) test is no longer available and, therefore,
is being deleted from the current rules which leaves the Particle Concentration
Fluorescence Immunoassay (PCFIA) as the primary confirmatory test. The rule
is also being modified in regards to the Rivanol test to clearly establish
the same standard as found in the Uniform Methods and Rules (UM&R) adopted
by the United States Animal Health Association and approved by the Animal
and Plant Health Inspection Service, Veterinary Services, for swine brucellosis
by requiring that the results be evaluated by a designated brucellosis epidemiologist.
Language was added to clearly provide, that under the current rules, swine
testing positive for brucellosis would be considered exposed and the herd
of origin could be subject to testing requirements.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Texas Agriculture Code,
Chapter 161, §161.041(a) and (b), and §61.046 which authorize the
Commission to promulgate rules in accordance with the Texas Agriculture Code.
§35.42.Classification of Swine by Blood and Semen Tests.
(a)
Tests on blood serum.
(1)
Standard card test (SCT). Card test results are used to
classify swine as positive or negative. All swine positive to the SCT should
be subjected to confirmatory testing.
(2)
Confirmatory test procedures. The Particle Concentration
Fluorescence Immunoassay (PCFIA) will serve as the confirmatory test. :
Figure: 4 TAC §35.42(a)(2)
(3)
Rivanol test. The results of the Rivanol test are
to be evaluated by the designated brucellosis epidemiologist.
Figure: 4 TAC §35.42(a)(3)
(b)
Semen plasma test. This test is approved for use as a supplemental
test of boars used for artificial insemination but must be employed with other
serological tests. Final classification will be based on the most reactive
test procedure.
(c)
Animals testing positive on any blood test performed will
be considered as brucellosis exposed swine and an initial test of the herd
of origin will be conducted within a specified time set by a state-federal
veterinarian upon consultation with the herd owner unless waived by the designated
brucellosis epidemiologist.
(d)
Reclassification. Animals may be reclassified by the designated
epidemiologist when consideration and evaluation of relevant bacteriologic,
serologic, or epidemiologic evidence justifies the reclassification.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August
2, 1999.
TRD-9904728
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: August 22, 1999
Proposal publication date: May 28, 1999
For further information, please call: (512) 719-0714
4 TAC §§35.80-35.82
The Texas Animal Health Commission (TAHC) adopts a new Subchapter
D in 4 TAC Chapter 35, §§35.80-35.82, concerning Eradication of
Brucellosis in Cervidae, without changes to the proposed text as published
in the June 4, 1999, issue of the
Texas Register
(24 TexReg 4115) and will not be republished. This proposal creates
new sections §§35.80-35.82. Section 35.80 provides definitions for
terms contained in the new sections. Section 35.81 concerns general requirements
and provides for testing procedures and the designation of official test.
Section 35.82 concerns requirements for certified brucellosis free cervidae
herds and establishes the procedures and standards in order to make this determination.
The cervid industry supported a resolution during the 1992 meeting of the
United States Animal Health Association (USAHA) which initiated the development
of program standards for the eradication of brucellosis in cervidae. The Brucellosis
in Cervidae: Uniform Methods and Rules (UM&R) was adopted by the USAHA
and approved by the USDA, Animal and Plant Health Inspection Service, Veterinary
Services effective September 30, 1998. In response, we are proposing regulations
that describe general requirements for the collection and submission of blood
samples to approved laboratories for testing, recognition of official tests,
and the interpretation standards for official tests which are necessary to
recognize herds which have voluntarily conducted whole herd testing in order
to achieve Certified Brucellosis Free Cervidae Herd status. Herds which have
achieved this status have distinct advantages in the marketability and interstate
movement of animals.
No comments were received regarding adoption of the new rules.
The new rules are adopted 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. The Commission
relies upon §161.081 to address interstate movement of these herds. Also,
the Commission relies upon Texas Agriculture Code, Chapter 163, §163.064
to insure that the brucellosis test is performed by approved personnel. This
brucellosis program for cervidae is focused on eradication of the same form
of Brucella as found in cattle. In order to carry out proper diagnosis and
to prevent the spread of brucellosis to cattle herds, the testing is to be
performed by approved personnel.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August
2, 1999.
TRD-9904729
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: August 22, 1999
Proposal publication date: June 4, 1999
For further information, please call: (512) 719-0714
4 TAC §§40.1-40.4
The Texas Animal Health Commission (TAHC) adopts a new Chapter
40, §§40.1-40.4, concerning Chronic Wasting Disease in cervidae
without changes to the proposed text as published in the May 28, 1999, issue
of the
Texas Register
(24 TexReg 3962) and
will not be republished.
Chronic Wasting Disease (CWD) is a transmissible spongiform encephalopathy
of deer and elk. CWD was initially described as a clinical syndrome in native
mule deer and black-tailed deer held in a wildlife research facility in Colorado
in 1967. The disease was later reported in additional research facilities
in Colorado and Wyoming. By the early 1990s, the disease had been documented
in free-ranging mule deer and elk in north-central Colorado and southeastern
Wyoming. In December 1997, the disease was confirmed in two commercial elk
operations in South Dakota. CWD has since been diagnosed in two additional
commercial elk herds in South Dakota, one elk herd in Nebraska, and one elk
herd in Oklahoma. Quarantines were placed on the affected commercial herds
by the state animal health authorities.
Chronic Wasting Disease is known to affect mule deer, black-tailed deer,
elk and white-tailed deer. The susceptibility of other species of native and
exotic cervidae is unknown. Clinical signs include chronic weight loss, emaciation,
excessive thirst, excessive frequency of urination, excessive salivation,
and behavioral changes. The disease is progressive and always fatal. Based
on the epidemiology of the disease, transmission is thought to be lateral
and possibly maternal. Although not fully characterized, the causative agent
is thought to be an infectious proteinaceous particle commonly referred to
as a prion which is known to be extremely resistant to conventional heat and
chemical disinfection procedures.
No comments were received regarding adoption of the new sections.
The new sections are adopted 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. Also the Commission relies upon §161.081 to address issues related
to importation of these animals.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August
2, 1999.
TRD-9904730
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: August 22, 1999
Proposal publication date: May 28, 1999
For further information, please call: (512) 719-0714
Subchapter C. Eradication of Tuberculosis in Cervidae
Subchapter D. Eradication of Brucellosis in Cervidae
Chapter 40.
Chronic Wasting Disease
Chapter 43.
Tuberculosis