Part 2.
TEXAS ANIMAL HEALTH COMMISSION
Chapter 41.
FEVER TICKS
4 TAC §41.1, §41.2
The Texas Animal Health Commission proposes amendments to
Chapter 41, concerning Fever Ticks. This amends §41.1 and §41.2.
Section 41.1 provides definitions for terms contained in the sections as well
as procedures for designation of areas and premises as well as tick eradication
requirements. Section 41.2 establishes the tick quarantine zone county by
county.
The commission is proposing to change the boundaries of the quarantine
zone. The reason for the change is to establish new boundaries in order to
have the line follow natural or man-made barriers which impede the fever tick
from re-establishing its' presence outside the boundary line. Also, the boundary
is being re-established in part to take in certain premises which have had
problems with fever ticks in recent years as well as to exclude certain areas
where the Fever Tick infestations have not been occurring.
Also, the agency proposes a number of adjustments to the rules which were
presented to the Commission during the rule review process mandated by the
75th Texas Legislature. These adjustments are putting certain rules and definitions
into a structured format which more clearly indicates the requirements. These
adjustments are non-substantive and merely reorganize how the requirements
are presented in the rules. Also, the Commission proposal clarifies instances
when a premise is identified for control purposes.
Mrs. Angela Lucas, Director of Financial Services, 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.
Mrs. Lucas 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. Also, the changes in the
rule are for the purpose of re-establishing the quarantine zone to reflect
the realities of where tick outbreaks have been occurring or to designate
a boundary which follows natural or man-made barriers to prevent the ticks
from spreading. This provides a more secure quarantine zone preventing the
spread of the Texas Fever Tick to other parts of the state as well as the
nation.
In accordance with Government Code, §2001.022, this agency has determined
that the proposed rules 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 167, §167.003, which provides for general powers and duties of
the commission to eradicate fever ticks. Section 167.004 authorizes the commission
by rule to define what animals can be classified as exposed to ticks. Section
167.006 authorizes the commission to designate for tick eradication any county
or part of a county that the Commission believes contains ticks. Section 167.007
authorizes the Commission to conduct tick eradication in the free area.
No other statutes, articles or codes are affected by the amendments.
§41.1.Tick Eradication.
(a)
Definition of Terms. The following words and terms, when
used in this chapter, shall have the following meanings, unless the context
clearly indicates otherwise.
(1)
Adjacent premise--A premise that borders an exposed or
infested premise, including premises separated by roads, double fences, or
fordable streams. A premise that would normally be classified as adjacent
may be exempted from adjacent premise requirements by a State or Federal epidemiologist
if the premise is separated from the exposed or infested premise by double
fencing, sufficient to prevent the spread of ticks, with one of the fences
being game-proof.
(2)
Certificate--A document authorizing movement of livestock
issued by an authorized representative of the commission after the livestock
have been treated in a manner prescribed by the commission for the area and
premise from which they originate.
(3)
Check premise--A premise located in a tick eradication
quarantine area, temporary preventative quarantine area, or control purpose
quarantine area that is not classified as an infested, exposed, or adjacent
premise.
(4)
Control purpose quarantine area--An area designated
by the commission for a systematic inspection of livestock and premises and
control of the movement of livestock in order to investigate and control a
suspected exposure of animals to ticks outside the tick eradication quarantine
area. The boundaries of the area will be determined by evaluation of the barriers
to the potential spread of ticks.
(5)
Dipping or treating--Submerging livestock in a vat,
spraying livestock in an adequate facility, or other treatment of livestock
as may be approved by the Texas Animal Health Commission. The treatment must
be supervised by an authorized representative of the commission, and each
animal must be paint marked so that it can be identified for at least 17 days.
(6)
Exposed livestock-
Any of the following factors
shall constitute livestock as being exposed:
[
(A)
Livestock that have entered an infested
or exposed premise and have not been dipped and removed from the infested
or exposed premise within 14 days after entry.
(B)
Livestock that have occupied an exposed
premise and have not completed treatment required for movement from an exposed
premise.
(C)
Livestock that have entered Texas from
Mexico without a certificate from the United States Department of Agriculture.
(7)
Exposed premise-
A premise shall be considered
exposed if systematic treatment has not been completed and if either of the
following conditions apply:
[
(A)
Ticks have been found on livestock that
have been on the premise for less than 14 days;
(B)
A premise that has received exposed livestock,
or equipment or material capable of carrying ticks from an infested or exposed
premise.
(8)
Free area--An area designated by the commission
as being free of ticks or exposure to ticks. The extent of the area will be
determined by the appropriate barriers to the potential spread of ticks.
(9)
Game proof fence - A fence that has
a minimum height of eight feet, consisting of wire mesh of sufficiently small
size to prevent or impede the movement of domestic or exotic wildlife over,
under, or through the fenced area.
(10)
[
(A)
Ticks have been found on livestock.
(B)
Livestock which occupy a premise where
ticks have been found on livestock that have been on the premise more than
14 days.
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
(16)
[
(17)
[
(18)
[
(19)
[
(20)
[
(21)
[
(22)
[
(b)
Designation of an area.
(1)
Each area of the state will be classified by the commission
as a free area, control purpose quarantine area, temporary preventative quarantine
area, or tick eradication quarantine area. The commission will immediately
redesignate an area when any change in circumstances that warrants reclassification.
Each area will be determined by the Animal Health Commission according to
the needs of inspection and treatment for known or suspected infestation of
ticks.
(2)
Upon the designation of any area other than a free
area, and upon the request of five livestock owners within that area, the
commission will appoint an area advisory committee from recommendations made
by livestock owners within the area. The committee will be kept informed of
the general plan of inspection and treatment for the area, of the results
of all inspections of livestock and premises, and of changes in boundaries.
(3)
The commission will notify all livestock owners within
an area, except the free area, as to the type area in which their livestock
are located. All changes in designation of an area will be in writing with
the reason for change given.
(c)
Designation of a premise.
(1)
Each premise within a tick eradication quarantine area,
temporary preventative quarantine area, or control purpose quarantine area
will be classified by the commission as an infested, exposed, adjacent, or
check premise. The commission will immediately redesignate a premise when
a change in circumstances warrants reclassification. The boundaries of each
premise will be determined according to inspection and treatment needs for
known or suspected infestation of ticks.
A premise which has received
untreated livestock from a premise later found to be tick infested, and the
length of such infestation is unknown, may be classified as control purpose
instead of exposed if livestock on the premise are found to be tick free,
the owner agrees in writing to present the animals for inspection when required
by the Commission, and such classification does not present a threat of the
spread of ticks to the surrounding premise(s).
(2)
The commission will notify all livestock owners within
an area, except the free area, as to the type premise on which their livestock
are located. All changes in designation of premises will be in writing with
the reason for change given.
(d)
Movement of livestock.
(1)
When livestock are moved from a quarantined area, the person
moving the livestock must have in his or her possession a copy of any certificate
or permit required for movement.
(2)
A permit or certificate is void unless the livestock
begin movement to the stated destination immediately upon issuance.
(3)
Movement must be direct to the destination stated
on the permit or certificate. No livestock may be unloaded at any destination
not shown on the permit or certificate.
(4)
Any livestock that become exposed during movement
must be scratch inspected and dipped within 14 days of the exposure.
(5)
No certificate for movement will be issued unless
the owner of the livestock has fully complied with these regulations.
(6)
When livestock are allowed to move after a required
dip, the livestock must be loaded in the transporting conveyance wet, or held
on a premise and for a period of time approved by an authorized representative
of the commission.
(7)
Livestock may not move when a dip is required prior
to movement, [
(e)
Restrictions on movement of livestock.
(1)
Movement from a free area. There are no restrictions on
the movement of livestock from a designated free area.
(2)
Movement from a tick eradication quarantine area,
temporary preventative quarantine area, or control purpose quarantined area.
The owner or caretaker of livestock located in a tick eradication quarantine
area, temporary preventative quarantine area, or control purpose quarantine
area must not move, or allow the movement of, any livestock from the area
without a permit or certificate for movement issued by an authorized representative
of the commission. No person may accept a shipment of livestock from a tick
eradication quarantine area, temporary preventative quarantine area, or control
purpose quarantine area, unless the livestock are accompanied by an original
permit or certificate for movement.
(A)
Movement from an infested premise or exposed premise. A
certificate for movement will be issued after the livestock, if moving directly
to slaughter by sealed conveyance, have had two consecutive dips not less
than seven nor more than 14 days apart without scratch inspection unless required
by subsection (k) of this section; or have had two dips not less than seven
days nor more than 14 days apart, with each dip following a scratch inspection
that does not reveal ticks; or have been dipped following a scratch inspection
and not less than 12 days nor more than 14 days later dipped following a scratch
inspection that does not reveal ticks.
(B)
Movement from an adjacent premise or check premise. Certificates
for movement will be issued after the livestock have been found free from
ticks by scratch inspection and then dipped; or have had three dips not less
than seven nor more than 14 days apart without scratch inspection unless required
under subsection (k) of this section or, if moving directly to slaughter by
sealed conveyance, have had two dips not less than seven nor more than 14
days apart without scratch inspection unless required under subsection (k)
of this section if moving directly to slaughter by sealed conveyance, [
(3)
Movement originating in other states. In addition
to other requirements, livestock originating in a fever tick quarantined area
must be accompanied by a certificate issued by an authorized representative
of the commission showing them to be free of infestation and exposure and
that they were dipped under supervision in an approved dipping solution immediately
prior to shipment. The livestock must be transported in clean and
disinfested
[
(f)
Restrictions on movement of hides and carcasses.
(1)
Movement from a free area. There are no restrictions on
the movement of hides and carcasses from a free area.
(2)
Movement from any area other than a free area. Hides
and carcasses and parts thereof of any animal must be inspected and undergo
any treatment deemed necessary. A permit for movement issued by a representative
of the commission must accompany the shipment.
(g)
Dipping of livestock; general. All dipping prescribed in
this section must be done under the supervision of a representative authorized
by the commission. The commission will authorize for use in dipping only those
dips that have been approved by the Animal and Plant Health Inspection Service
of the United States Department of Agriculture and the Texas Animal Health
Commission for use in official dipping to rid animals of the tick. The concentration
of the dipping chemical used must be maintained in the percentage specified
for official use by means of the approved vat management techniques established
for the use of the agent; or, if applicable, by an officially approved vat
side test or field test of the commission. The owner or caretaker of the livestock
is responsible for presenting the livestock to the dipping vat, dipping the
livestock, and removing the livestock, and will provide such labor as is necessary
to perform all required functions.
(h)
Required Dipping of Livestock.
(1)
The owner or caretaker of livestock on infested or exposed
premises in the tick eradication quarantine area, or infested or exposed premises
in the temporary preventative quarantined area must present them to be scratch
inspected and dipped with subsequent dipping every seven to 14 days until
the livestock are moved from the premise in accordance with these regulations,
except as provided in paragraph (5) of this subsection.
(2)
The 14-day interval may be extended due to circumstances
beyond the control of the owner upon approval by an authorized representative
of the commission. In no event will the extension be more than three days.
If the extension is granted, no certificate for movement will be issued after
the 14th day, and the next dip must be on the original 14-day schedule.
(3)
All scratch inspection and dipping must be done under
instructions issued by the commission. All requirements will be in written
form directed to the owner or caretaker. An inspector for the Commission will
deliver the instructions in person along with a copy of these regulations.
All premise boundaries will be listed in the instructions.
(4)
The scratch inspection and first dip must be within
14 days from the date infestation or exposure is discovered unless otherwise
approved by the commission.
(5)
The starting date for infested premises for Table
I (Pasture Vacation Schedule, South of Highway 90) and Table II (Pasture Vacation
Schedule, North of Highway 90), is the date of the first clean dipping of
100% of the livestock. The starting date for exposed premises for Table I
and Table II is when 100% of the livestock on the premise have been dipped.
Copies of Table I (Pasture Vacation Schedule, South of Highway 90) and Table
II (Pasture Vacation Schedule, North of Highway 90) may be obtained from the
Texas Animal Health Commission, P.O. Box 12966, Austin, Texas 78711.
(6)
A dip is not official unless 100% of the livestock
within the premise affected are dipped on schedule.
(i)
Vacation of premise. Upon the removal of all livestock
from a premise, the premise remains classified as before for the period shown
on Table I (Pasture Vacation Schedule, South of Highway 90) or Table II (Pasture
Vacation Schedule, North of Highway 90), whichever is applicable. The starting
date is the date the last live tick is found, or when 100% of the livestock
on the premise have been dipped and continued on an official dipping schedule
until removed from the premise. Upon expiration of the time shown in Tables
I (Pasture Vacation Schedule, South of Highway 90) or II (Pasture Vacation
Schedule, North of Highway 90), whichever is applicable, or when determined
by the commission that the premise has no infestation, the premise will be
reclassified.
(j)
Required inspection of premise. An infested premise, exposed
premise, or adjacent premise will be inspected every 14 days by an authorized
representative of the commission. The 14-day interval may be extended due
to circumstances that prevent the inspection. A check premise will be inspected
when deemed necessary by an authorized representative of the commission.
(k)
Required scratch inspection of livestock. The owner or
caretaker of livestock on any premise must present them to be scratch inspected
at any time specified by notice from an authorized representative of the commission.
(l)
Handling and feeding of livestock.
(1)
All conveyances which have contained infested or exposed
livestock must be cleaned, treated, and determined to be free of ticks before
reloading.
All of these functions must be conducted in the presence of
an authorized representative of the commission.
(2)
All material removed from a conveyance or that has
held infested or exposed livestock must be kept in an enclosure inaccessible
to livestock, at a minimum distance of 15 feet. No material will be removed
from the enclosure without approval in writing by the commission.
(3)
Hay, feed, or any other commodity capable of carrying
ticks may not be moved from an infested or exposed premise without a permit.
(m)
Protest of designation of area or premise, dipping directions,
or other orders. Any person that desires a hearing for the purpose of protesting
the designation of an area or premise, or any dipping direction, or scratching
notice, or any other order of the commission issued under the provisions of
these regulations, may file an appeal pursuant to Chapter 32 of this title
(relating to Hearing and Appeal Procedures).
(n)
Regulations on cattle and products imported from Mexico.
(1)
All cattle moved into Texas from Mexico shall be identified
with an "M"-brand prior to moving to a destination in Texas. Metal eartags
applied in Mexico must not be removed from the animals.
(2)
A copy of the certificate issued by an authorized
inspector of the Animal and Plant Health Inspection Service, United States
Department of Agriculture, for the movement of Mexico cattle into Texas must
accompany such animals to their final destination in Texas, or so long as
they are moving through Texas.
(3)
The owner or caretaker of livestock that have been
in Mexico within six months of their entry into Texas may not move, or allow
the movement of the livestock to any area of Texas other than a free area;
nor may any person accept a shipment of such livestock into any area other
than a free area.
(4)
No person, firm, corporation, or carrier may move
or transport from Mexico into Texas any commodity capable of carrying ticks
unless the commodity has been treated in accordance with requirements of the
commission and the United States Department of Agriculture. A certificate
of treatment issued by an authorized inspector must accompany such products
to their final destination in Texas, or so long as they are moving through
Texas.
(o)
Tick Program Research and Field Studies. The Executive
Director may authorize different requirements for dipping, movement, and other
handling of livestock under quarantine when done pursuant to a research program
or field study.
§41.2.Quarantine Line; Defining and Establishing Tick Eradication Areas.
(a)
Under existing statutes, it is unlawful to move, or allow
or permit to move, any livestock from the quarantined area except in a manner
prescribed by the Texas Animal Health Commission. Movement must be on a written
permit or certificate issued by an inspector of the commission or the United
States Department of Agriculture, Animal and Plant Health Inspection Services,
Veterinary Services in accordance with law and the regulations of the commission.
(b)
Quarantined areas are as follows.
(1)
Val Verde County. Beginning at a point on the south bank
of the Devils River where the Amistad Dam Compound east fence intersects the
water line and following this east fence of the compound in a southerly direction
to the southeast corner of the Amistad Dam Compound, approximately 1 3/4 miles;
thence, following the meanderings of this compound fence in a southwesterly
direction to where it intersects the east right-of-way fence of the old railroad,
approximately 3 1/4 miles; thence, following the old railroad right-of-way
fence in a southeasterly direction to its intersection with the right-of-way
fence of the present Southern Pacific Railroad, approximately 3 1/8 miles;
thence, following Southern Pacific Railroad in a southeasterly direction to
a point directly north across a gravel road from the northeast corner of the
Slover Field, approximately 5 3/4 miles; thence, south across this gravel
road to the northeast corner of the Slover Field and following the meanderings
of the east fence of the Slover Field in a southwesterly direction to where
it intersects the northeast corner of the Woodson Field 1, approximately 1/8
mile; thence, following the meanderings of Woodson Field 1 east fence in a
southwesterly direction to the southwest corner of the same, approximately
1/4 mile to the north fence of the Payne Pasture; thence, following the north
fence of the Payne Pasture in a westerly direction to the southwest corner
of the same, approximately 100 yards; thence, following the west fence of
the Payne Pasture in a southeasterly direction across Cienegas Creek to its
junction with Kite Road, approximately 100 yards; thence, following Kite Road
in a southerly direction to where it intersects Garza Lane, approximately
.3 mile; thence, following Garza Lane in a westerly direction to a corner,
approximately 1/8 mile; thence, following Garza Lane in a southeasterly direction
to where it intersects U.S. Highway 277 Spur, approximately 1 1/8 miles; thence,
following U.S. Highway 277 Spur in a southeasterly direction to its intersection
with Hudson Drive, approximately .5 mile; thence, following Hudson Drive in
a southeasterly direction to where it joins Rio Grande Drive, formerly called
Silo Field Road, approximately .6 mile; thence, following the west fence of
Rio Grande Drive in a southeasterly direction to where it joins the east fence
of the Rudy Mota Vega, approximately .4 mile; thence, following the east fence
of the Rudy Mota Vega in a southeasterly direction to where it joins the San
Felipe Creek, approximately .3 mile; thence, following San Felipe Creek in
an easterly direction to where it joins the W.L. Moody Rancho Rio Grande north
fence of the Leroyce Pasture, approximately 1.2 miles; thence, following the
meanderings of the Leroyce Pasture north fence in an easterly direction to
a corner where it intersects the west right-of-way fence of U.S. Highway 277
being the east fence of the Rancho Rio Grande, approximately 3.2 miles; thence,
following the Rancho Rio Grande east fence (on the west side of U.S. Highway
277) in a southeasterly direction to where it intersects the Val Verde-Kinney
County line approximately 9.2 miles.
(2)
Kinney County. Beginning at a point where the Rancho
Rio Grande east fence intersects the Val Verde-Kinney County line; thence,
following the meanderings of the Rancho Rio Grande east fence in a southeasterly
direction to where it intersects the Kinney-Maverick County line, approximately
14 miles.
(3)
Maverick County. Beginning at a point where the Rancho
Rio Grande east fence intersects the Kinney-Maverick County line; thence,
following the Rancho Rio Grande east fence in a southeasterly direction to
where it joins the southeast corner of the Rancho Rio Grande four section
pasture, approximately 2.7 miles; thence following the south fence of the
Rancho Rio Grande four section pasture in a westerly direction to a point
where it intersects the Maverick County Water District main canal, approximately
1.5 miles; thence, following the Maverick County Water District main canal
in a southeasterly direction to where it intersects the west right-of-way
fence of U.S. Highway 277 approximately 2.5 miles; thence, following the west
right-of-way fence of U.S. Highway 277, in a southerly direction to where
it intersects Maverick County Water District Lateral #2, approximately .5
mile; thence, following the Maverick County Water District Lateral #2 in a
southerly direction to where it intersects the north fence of the Calley property,
approximately 5 1/4 miles; thence, east along the north fence of the Calley
property to a corner, approximately 200 yards; thence following the east fence
of the Calley property in a southerly direction to the northeast corner of
the Hal Bowles Ranch, approximately 3/8 mile; thence, following the east fence
of the Hal Bowles Ranch in a southeasterly direction to where it intersects
the north fence of the Lehman Brothers Ranch, approximately 3/4 mile; thence,
following the Lehman north fence in a southeasterly direction to a drainage
canal, approximately 1/8 mile; thence following the drainage canal in a southerly
direction to the north fence of the Las Vegas Ranch, approximately 7/8 mile;
thence, following the meanderings of the Las Vegas Ranch fence in a southeasterly
direction to the northeast corner of the same, approximately one mile; thence,
following the meanderings of the east fence of the Las Vegas Ranch in a southerly
direction to where it intersects the Alex Ritchie north fence, approximately
3.5 miles; thence along the north fence of the Alex Ritchie Farm in an easterly
direction to where it intersects the Maverick County Water District main canal,
approximately 3/8 mile; thence, following the meanderings of the Maverick
County Water District main canal in a southerly direction to where it intersects
the CPL Power Plant Road, approximately 3.5 miles; thence, following the CPL
Power Plant Road in an easterly direction to where it intersects [
(4)
Webb County. Beginning at a point where the Maverick-Webb
County line intersects the Mines Road and following this road in a southeasterly
direction to [
(5)
Zapata County. Beginning at a point where U.S. Highway
83 intersects the Webb-Zapata County line and following U.S. Highway 83 in
a southerly direction to [
(6)
Starr County. Beginning at a point where U.S. Highway
83 intersects the Zapata-Starr County line and following a fence along the
Zapata-Starr County line in a southwesterly direction to where it intersects
the east fence of the Falcon State Park, approximately 3 3/4 miles; thence,
following the east fence of the Falcon State Park in a southeasterly direction
to a corner, approximately one mile; thence, following the same fence in an
easterly direction to a corner, approximately 100 yards; thence, following
the same fence in a southerly direction to a corner, approximately 100 yards;
thence, following the same fence in an easterly direction to a cattle guard
at the entrance of Falcon State Park at Old U.S. Highway 83, approximately
.4 mile; thence, across Park Road 46 at the entrance to Falcon State Park
on Old U.S. Highway 83 and following the park enclosure fence in a southerly
direction to a corner, approximately 100 yards; thence, following Falcon State
Park fence in a westerly direction to a corner, approximately .4 mile; thence,
following the same fence in a southerly direction to where it intersects the
north fence of the IBWC compound, approximately .5 mile; thence, following
the IBWC compound north fence in an easterly direction to its intersection
with Old U.S. Highway 83, approximately .4 mile; thence, following Old U.S.
Highway 83, also known as FM Road 2098, south and southeast to its junction
with the present U.S. Highway 83, approximately 4 1/4 miles; thence, following
U.S. Highway 83 in a southeasterly direction to the south fence of the M.
Ramirez Pasture at the north city limits of Roma, approximately 9.5 miles;
thence, following the south fence of the M. Ramirez Pasture in a northeasterly
direction to where it intersects the west fence of the G. Madrigal Ranch,
approximately .4 mile; thence, following the meanderings of the west fence
of the G. Madrigal Ranch in a southeasterly direction, around the east side
of the R. Pena addition to the City of Roma to a dirt road, approximately
.9 mile; thence, following the same dirt road in a southerly direction to
where it intersects U.S. Highway 83 at the Roma Graveyard, approximately .3
mile; thence, following the north side of U.S. Highway 83 in an easterly direction
through Rio Grande City to its intersection with Loop 83, approximately 18
miles; thence, following the north side of Loop 83 in an easterly direction
to its intersection with the MP Railroad right-of-way, approximately 3.5 miles;
thence, following the north side of MP Railroad in an easterly direction to
the Starr-Hidalgo County Line, approximately 13 miles.
(7)
Hidalgo County. Beginning at a point where the MP
Railroad right-of-way intersects the Starr-Hidalgo County line and following
the north side of the MP Railroad right-of-way in an easterly direction to
where it intersects Old Military Road approximately three-fourths of a mile;
thence, following Old Military Road in an easterly direction to where it intersects
the IBWC Levee, approximately eight miles; thence, following the IBWC Levee
in a southeasterly direction to where it intersects the Old Military Road,
approximately 8.5 miles; thence, following the Old Military Road in an easterly
direction to where it joins FM Road Number 1016 at Madero, approximately 1
3/4 miles; thence, following FM Road Number 1016 in a southeasterly direction
to where it joins the Old Military Road, approximately one mile; thence, following
the Old Military Road in a southeasterly direction to the North Granjeno Road,
approximately 1 3/4 mile; thence, following the North Granjeno Road in an
easterly direction to where it intersects Shary Road, approximately 5/8 mile;
thence, south on Shary Road to where it intersects the IBWC Levee, approximately
50 yards; thence, following the meanderings of the IBWC in an easterly direction
to where it intersects FM Road 1926, approximately three miles; thence, following
FM 1926 in a southerly direction to where it intersects U.S. Highway 281 Spur,
approximately 27 miles; thence, following U.S. Highway 281 Spur in an easterly
direction to where it becomes U.S. Highway 281, approximately 4.2 miles; thence,
following U.S. Highway 281, in an easterly direction to where it intersects
the Hidalgo-Cameron County line, approximately 22 miles.
(8)
Cameron County. Beginning at a point where the Hidalgo-Cameron
County line intersects U.S. Highway 281, following U.S. Highway 281 in an
easterly direction to where it intersects [
(c)
All of the area lying south and west of the boundary lines
set forth in this section are designated as the systematic tick eradication
area.
(d)
All of the area lying north and east of the boundary lines
set forth in this section are designated as the free area; provided, however,
that individual quarantines for tick eradication heretofore or hereafter established
in this free area are not affected by this designation.
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 April 3, 2000.
TRD-200002385
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: May 14, 2000
For further information, please call: (512) 719-0714
The Texas Animal Health Commission (commission) proposes amendments
to Chapter 43, Subchapters A and B, concerning the Eradication of Tuberculosis.
This proposal amends Subchapter A, §43.2, which provides interstate movement
requirements for cattle. The proposal also amends Subchapter B, §43.12
which concerns entry requirements for goats into Texas.
The amendments are proposed to address the tuberculosis conditions that
have been verified in the state of Michigan. Currently, the commission has
specific entry requirements for cattle and goats coming from a specific quarantine
area in Michigan, as designated in the current rules. However, tuberculosis
has been discovered in animals outside of the quarantine zone and the commission
has determined that it is appropriate to establish a special entry requirement
for cattle and goats coming from all other areas in Michigan. The requirement
will reduce the risk of allowing a potentially infected animal from moving
from Michigan to Texas.
Angela Lucas, Director of Financial Services, 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 agency currently administers
the tuberculosis program which includes the entry requirements for animals
coming into Texas. The proposed changes will not create any additional administrative
costs to the agency.
Mrs. Lucas 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. Also, the rules are being
proposed in order to protect Texas livestock from potentially being exposed
to tuberculosis from Michigan.
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.
Subchapter A. CATTLE
4 TAC §43.2
The amendment is 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. Also, §161.054 authorizes the commission to regulate by rule the
movement of animals. This is further supported by §161.081 which authorizes
the commission to regulate the entry of such livestock into Texas from another
state.
No other statutes, articles, or codes are affected by the amendment.
§43.2.Interstate Movement Requirements.
(a)
All dairy and registered beef breeding cattle that are
parturient or postparturient or 18 months of age or older shall be tested
negative for tuberculosis within six months prior to entry with results of
this test recorded on the certificate of veterinary inspection.
(b)
All dairy and registered beef breeding cattle originating
from an accredited tuberculosis free area or herd are exempt from testing
requirements in subsection (a) of this section provided the herd number is
stated on the certificate of veterinary inspection. All dairy and registered
beef breeding cattle moving directly from a farm-of-origin to a USDA-approved
market in Texas are exempt from testing requirements provided the animals
are held in quarantine pens at the market to be sold to slaughter or quarantined
feedlot.
(c)
All sexually intact cattle, from any foreign country or
part thereof with no recognized comparable Tuberculosis status:
(1)
To be held for purposes other than for immediate slaughter
or feeding for slaughter in a quarantined feedlot or designated pen, must
be tested at the port of entry into Texas under the supervision of the port
veterinarian, and shall be under quarantine on the first premise of destination
in Texas pending a negative tuberculosis test no earlier than 120 days and
no later than 180 days after arrival. The test will be performed at the owner's
expense.
(2)
When destined for feeding for slaughter in a quarantined
feedlot or designated pen, must be tested at the port-of-entry into Texas
under the supervision of the port veterinarian; moved directly to the quarantined
feedlot or designated pen only in sealed trucks; accompanied with a VS 1-27
permit issued by TAHC or USDA personnel; and "S" branded prior to or upon
arrival at the feedlot.
(d)
Steers and spayed heifers from Mexico may enter as follows:
(1)
From states that have been determined by the Commission,
acting on the recommendation of the Binational Committee, to have fully implemented
the Eradication Phase of the Mexican Tuberculosis Eradication Program (Stage
II States): steers and spayed heifers must be tested negative for tuberculosis
in accordance with the Norma Oficial Mexicana (NOM) within 60 days prior to
entry into the United States.
(2)
From states that have been determined by the Commission,
acting on the recommendation of the Binational Committee, to have fully implemented
the Control/Preparatory Phase of the Mexican Tuberculosis Eradication Program
(Stage I States): steers and spayed heifers must be tested negative for tuberculosis
prior to movement into a Stage II State. Upon entry into the Stage II State,
the animals must be quarantined and have two additional negative tuberculosis
tests. The first test in the Stage II State must be conducted at least 60
days after the test in the Stage I State. The second test in the Stage II
State must be conducted at least 60 days after the first test in the Stage
II State, but not more than 60 days before moving to the United States border.
(3)
From states that have been determined by the Commission,
acting on the recommendation of the Binational Committee, to have achieved
Accredited Free status (Accredited Free States): steers and spayed heifers
may move directly into the state without testing or further restrictions
provided they are moved as a single group, and not commingled with other cattle
prior to arriving at the border.
(4)
From states that are not Stage II, Stage I, or Accredited
Free (Stage 0 States): Steers and spayed heifers must be tested negative for
tuberculosis prior to movement into a Stage II State. Upon entry into a Stage
II State, the animals must be quarantined and have two additional negative
tuberculosis tests. The first test while in the Stage II State must be conducted
at least 60 days after the test in the Stage 0 State. The second test, while
in the Stage II State, must be conducted at least 90 days after the first
test in the Stage II State, but no more than 60 days before moving to the
United States border.
(5)
From Accredited Tuberculosis Free herds from Stage
I or Stage 0 States: steers and spayed heifers that are moved directly from
the herd of origin across the border as a single group and not commingled
with other cattle prior to arriving at the border may enter as follows:
(A)
Steers and spayed heifers originating from a Stage I State
may move into a Stage II State without a tuberculosis test and enter Texas
after meeting the requirements set out in paragraph (1) of this subsection.
(B)
Steers and spayed heifers originating from Stage 0 States
may move into a Stage II State without a tuberculosis test and enter Texas
after meeting the requirements set out in paragraph (2) of this subsection.
(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)
In addition to the entry requirements set out in subsections
(c) and (d) of this section, rodeo stock from Mexico shall be tested for
tuberculosis by a U.S. accredited veterinarian or under the supervision of
a USDA/APHIS port veterinarian within 12 months prior to their utilization
as rodeo or roping stock, and retested for tuberculosis every 12 months thereafter.
(f)
Regardless of reproductive status, test history, or Mexican
State of origin, Holstein and Holstein cross cattle are prohibited from entering
Texas.
(g)
All other cattle from foreign countries, foreign states,
or areas within foreign countries defined by the Commission, with comparable
tuberculosis status would enter by meeting the requirements for a state with
similar status as stated in subsections (a) and (b) of this section.
(h)
"M"-branding requirements are set out in §41.1 of
this title (relating to Tick Eradication).
(i)
Special entry requirements for cattle and bison originating
from the TB quarantined area in Michigan. The quarantined area defined by
the Michigan Department of Agriculture, effective January 1, 1999, includes
all premises located in an area bordered by 1-75 to the west, M-55 to the
south, and Lake Huron and the Straits of Mackinac to the east and north. The
quarantined area includes all of the Alcona, Alpena, Montmorency, Oscoda,
and Presque Isle counties, and portions of Cheboygan, Crawford, Iosco, Ogemaw,
Otsego, and Roscommon counties.
(1)
All cattle and bison shall originate from an accredited
herd.
(2)
In addition, all animals 6 months of age and older
shall be tested negative for tuberculosis within 60 days prior to entry with
results of this test recorded on the certificate of veterinary inspection.
(j)
Special entry requirements for cattle and
bison originating from all other areas in Michigan, as provided in subsection
(i) of this section. All sexually intact cattle and bison six months of age
and older shall:
(1)
originate from an accredited herd; or
(2)
be tested negative for tuberculosis
within 60 days prior to entry.
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 April 3, 2000.
TRD-200002386
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: May 14, 2000
For further information, please call: (512) 719-0714
4 TAC §43.12
The amendment is 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. Also, §161.054 authorizes the commission to regulate by rule the
movement of animals. This is further supported by §161.081 which authorizes
the commission to regulate the entry of such livestock into Texas from another
state.
No other statutes, articles, or codes are affected by the amendment.
§43.12.Requirements for Entry Into Texas.
(a)
The following listed in this section are special
entry requirements for goats originating from the TB quarantined area in Michigan.
The quarantined area defined by the Michigan Department of Agriculture, effective
January 1, 1999, includes all premises located in an area bordered by 1-75
to the west, M-55 to the south, and Lake Huron and the Straits of Mackinac
to the east and north. The quarantined area includes all of the Alcona, Alpena,
Montmorency, Oscoda, and Presque Isle counties, and portions of Cheboygan,
Crawford, Iosco, Ogemaw, Otsego, and Roscommon counties.
(1)
All goats shall originate from an accredited herd.
(2)
In addition, all animals 6 months of age and older
shall be tested negative for tuberculosis within 60 days prior to entry with
results of this test recorded on the certificate of veterinary inspection.
(b)
Special entry requirements for goats originating
from all other areas in Michigan, as provided in subsection (a) of this section.
All sexually intact goats six months of age and older shall:
(1)
originate from an accredited herd; or
(2)
be tested negative for tuberculosis
within 60 days prior to entry.
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 April 3, 2000.
TRD-200002387
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: May 14, 2000
For further information, please call: (512) 719-0714
4 TAC §49.1, §49.3
The Texas Animal Health Commission (commission) proposes
amendments to Chapter 49 concerning Equine. Section 49.1 provides for Identification
and Handling of Infected Equine with Equine Infectious Anemia (EIA). Section
49.3 establishes dealer recordkeeping requirements. The proposed changes are
made to support HB 1732 from the 77th Texas Legislative Session which requires
an EIA test for a change of ownership. The legislation provides an exemption
for equine sold for slaughter. The commission recently promulgated regulations
supporting this legislation. To insure that equine sold through a market with
an unknown EIA status are not diverted from slaughter, the commission is proposing
that a VS-127 permit be issued on each animal allowing easier verification
of arrival at slaughter. This requirement is similar to what is already found
in the rules for equine known to be exposed to EIA. The commission is amending
current dealer record- keeping requirements to insure that equine purchased
with an unknown EIA status can be traced if they are determined to be positive
at slaughter.
Mrs. Angela Lucas, Director of Financial Services, 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 requirements in place regarding intrastate movement of exposed equine
utilizing a VS-1-27 permit, the proposed changes will not add an additional
burden in administering the rule.
Mrs. Lucas, 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 intended to protect equine
in Texas from being exposed to EIA.
In accordance with Government Code, §2001.022, this agency has determined
that the proposed rules 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 this 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 §161.049 which provides for dealer
record keeping requirements. 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. HB 1732 is codified in the Texas Agriculture Code,
Chapter 161, as §161.149.
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:
(1)
sold to slaughter, to be tested at the slaughter facility
at Commission expense; or
(2)
a nursing foal, 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.
(m)
Any equine sold to slaughter must be accompanied
by a VS Form 1-27 permit issued by an accredited veterinarian or other authorized
state or federal personnel when moved to a slaughter plant, slaughter-only
market, or slaughter-only buying facility.
§49.3.Requirements for Dealer Recordkeeping.
(a)
A dealer is defined as a person engaged in the business
of buying or selling animals in commerce:
(1)
On the person's own account;
(2)
As an employee or agent of the vendor, the purchaser,
or both; or
(3)
On a commission basis.
(b)
A dealer as defined in subsection (a) of this section does
not include a person who buys or sells animals as part of the person's bona
fide breeding, feeding or stocker operations, but does include livestock markets
and commission merchants.
(c)
Any dealer must maintain records of equine purchased and
sold. Such records shall show the buyer's and seller's name and address, county
of origin, number of animals, and a description of each animal, including
sex, age, color and color markings, registration number, if any, and any individual
identification such as tattoo, brand, or microchip number. Records at auctions
and commission firms shall show the delivery vehicle license number. All dealer
records must be maintained for a minimum of two years after the date of the
transaction.
(d)
Slaughter buyers. A slaughter buyer is
someone who buys an equine on their own account, as an employee or agent of
a slaughter facility, or on a commission basis for the purpose of being slaughtered.
A slaughter buyer must maintain records required under subsection (c) of this
section, which includes the VS Form 1-27 permit number and the name of the
person who issued it.
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 April 3, 2000.
TRD-200002388
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: May 14, 2000
For further information, please call: (512) 719-0714
4 TAC §51.1, §51.2
The Texas Animal Health Commission proposes amendments to
Chapter 51, concerning Interstate Shows and Fairs. This amends §51.1
and §51.2. Section 51.1 provides definitions for terms contained in the
sections. The proposed amendment to this section is to add a definition for
sponsor. Section 51.2 concerns general requirements and provides entry requirements
for livestock into shows and fairs. The proposed amendment to this section
is to require that an event sponsor check equine health papers prior to entry
of an event or to get commission approval of an alternate procedure. This
amendment is to §51.2(d).
The regulations are being amended to put in place a requirement that the
sponsor of such an event will check equine participants papers to insure that
these equine have had a negative Equine Infectious Anemia (EIA) test within
the last twelve months. This is a current requirement of commission regulations.
This is also supported by a statutory penalty, found at §161.136 of the
Texas Agriculture Code, which states that it is an offense for a sponsor of
an event to permit entry to such an event without having the proper health
certificate. However, commission inspections of such events find that it is
commonplace for an event to not check for such papers prior to entry creating
an increased potential that an EIA positive equine can enter such an event.
This in turn would expose and possibly infect a large number of equine that
are participating in the event.
Commuter Flock agreements are added to this chapter in order to reflect
proposed rule changes in Chapter 57, entitled "Poultry." There is also a proposed
repeal of the poultry exemption in order for this chapter to conform to requirements
contained in Chapter 57.
Mrs. Angela Lucas, Director of Financial Services, 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. The addition of this
requirement will allow agency personnel to focus on performing a broader range
of duties rather than being limited to the time-consuming effort of checking
everyone's health papers.
Mrs. Lucas 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, there is a strong
benefit for equine owners who participate in these shows and fairs by insuring
that their equine are not potentially exposed to an EIA positive animal that
has gained entry into such an event.
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). Under that authority the commission
shall protect all livestock, domestic animals, and domestic fowl from equine
infectious anemia and the commission may adopt any rules necessary to carry
out the purposes of this subsection, including rules concerning testing, movement,
inspection, and treatment. Under §161.043 the commission may regulate
the entry of livestock, domestic animals, and domestic fowl into exhibitions,
shows, and fairs and may require treatment or certification of those animals
as reasonably necessary to protect against communicable diseases. Section
161.136 (b) provides that [a] person commits an offense if the person in charge
of the exhibition, show, or fair, permits an equine to enter without the necessary
health papers. Section 161.046 authorizes the Commission to promulgate rules
in accordance with the Texas Agriculture Code.
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)
Commuter Flock -- A National Poultry
Improvement Plan (pullorum-typhoid clean or equivalent) flock in good standing
with operations in participating states that are under single ownership or
management control whose normal operations require interstate movement of
hatching eggs and/or baby poultry without change of ownership for purposes
of hatching, feeding, rearing or breeding. The owner or representative of
the company owning the flock and chief animal health officials of participating
states of origin and destination must have entered into a signed "Commuter
Poultry Flock Agreement."
(5)
[
(6)
[
(7)
[
(8)
[
(9)
[
(10)
[
(11)
[
(12)
Sponsor -- Is an owner or person
in charge of an exhibition, show or fair.
(13)
[
(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
and
goats[
(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
or, have an approved "Commuter Poultry Flock Agreement" on file
with the state of origin and the Texas Animal Health Commission;
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.
Sponsors
of an assembly of equine are required to implement a procedure for review
of records on each equine animal to confirm proof of EIA test negative status
within the previous twelve months prior to allowing entry of the equine into
facilities or locations where the animals will be commingled. Procedures other
than confirmation of proof of EIA test negative status by the event sponsor(s)
at the time of arrival at the event shall be submitted to the Commission at
least 30 days prior to the event for consideration. A decision regarding a
proposed procedure will be provided to the sponsor within 10 days of receipt
by the Commission.
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.
Sponsors
of an assembly of equine are required to implement a procedure for review
of records on each equine animal to confirm proof of EIA test negative status
within the previous twelve months prior to allowing entry of the equine into
facilities or locations where the animals will be commingled. Procedures other
than confirmation of proof of EIA test negative status by the event sponsor(s)
at the time of arrival at the event shall be submitted to the Commission at
least 30 days prior to the event for consideration. A decision regarding a
proposed procedure will be provided to the sponsor within 10 days of receipt
by the Commission.
Horses entering a pari-mutuel track must have a negative
EIA test within the past 12 months and a Certificate of Veterinary Inspection.
Foals [
(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. [
[
[
[
[
(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 April 3, 2000.
TRD-200002389
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: May 14, 2000
For further information, please call: (512) 719-0714
Livestock that have
entered an infested or exposed premise and have not been dipped and removed
from the infested or exposed premise within 14 days after entry; or livestock
that have occupied an exposed premise and have not completed treatment required
for movement from an exposed premise; or livestock that have entered Texas
from Mexico without a certificate from the United States Department of Agriculture.
]
A premise on which ticks have been
found on livestock that have been on the premise for less than 14 days; or
a premise that has received exposed livestock, or equipment or material capable
of carrying ticks from an infested or exposed premise, and upon which systematic
treatment has not been completed.
]
(9)
] Infested livestock-
Livestock shall be considered infested if eradication treatment for movement
from an infested premise has not been completed and if either of the following
conditions apply:
[
Livestock on which ticks have been found, or
livestock which occupy a premise where ticks have been found on livestock
that have been on the premise more than 14 days and upon which eradication
treatment for movement from an infested premise has not been completed.
]
(10)
] Infested premise--A
premise where ticks have been found on livestock that have been on the premise
for more than 14 days, and systematic treatment has not been completed.
(11)
] Livestock--Any domestic
animal or
any free ranging animals found on a premise or
captured
wild animal that is capable of hosting or transporting ticks capable of carrying
babesia (the causative agent of cattle tick fever), including, but not limited
to, cattle, horses, mules, jacks, jennets, zebras, buffalo, giraffe, and deer.
(12)
] Permit--A document issued
by an authorized representative of the commission allowing specified movement
of livestock.
(13)
] Premise--An area which
can be defined by boundaries of recognizable physical barriers that prevent
livestock from crossing the boundaries under ordinary circumstances; or an
area that livestock do not ordinarily inhabit that the commission defines
by recognizable features.
(14)
] Premise inspection--A
routine inspection by an authorized representative of the commission of premise
boundaries and the livestock within for the purpose of documenting exposure
of the premise.
(15)
] Premise under vacation--A
premise from which all livestock have been removed as prescribed by the commission.
(16)
] Range inspection of
livestock--An inspection of livestock to see the animal close enough to detect
ticks on the animal.
(17)
] Scratch inspection of
livestock--An inspection of livestock by an authorized representative of the
commission in an approved facility that allows the inspector to touch and
see all parts of the livestock.
(18)
] Temporary preventative
quarantine area--An area designated by the commission for systematic inspection
and treatment of livestock and premises, and control of movement of livestock,
in order to detect and eradicate infestation and exposure from infested or
exposed premises outside the tick eradication quarantine area. The extent
of the area will be determined by evaluating the barriers to the potential
spread of ticks.
(19)
] The commission--The
Texas Animal Health Commission.
(20)
] Tick--Any tick capable
of transmitting bovine Babesiasis (cattle tick fever or bovine piroplasmosis).
(21)
] Tick eradication quarantine
area--An area designated by the commission for systematic inspection and treatment
of livestock and premises, and control of movement of livestock, in order
to detect and eradicate infestation from infested or exposed premises. The
extent of the area will be determined by evaluating the barriers to the potential
spread of ticks. This is the permanent quarantine area which is designated
in Texas Animal Health Commission Proclamation Number 426, § 41.2 of
this title (relating to Quarantine Line; Defining and Establishing Tick Eradication
Areas), and in the United States Department of Agriculture Code of Federal
Regulations Part 72.5, parallel to the Rio Grande River, commonly known as
the buffer zone or systematic area.
and
]
if
rain
or exposure to water
[
that
] results in the dip dripping to the ground [
occurs
] before the dip dries. In such event, the certificate for movement
is void, and another dip is required before movement.
have been dipped by two consecutive dips not less than seven nor more than
14 days apart without scratch inspection unless required under subsection
(k) of this section.
]
disinfected
] trucks, railroad cars, or other vehicles.
the
west fence of the Beer Joint Trap, approximately 1 3/8 miles; thence, following
the west fence of the Beer Joint Trap in a southerly direction to the southwest
corner of the same, approximately 5/8 mile; thence, following the meanderings
of the south fence of the Beer Joint Trap in an easterly direction to where
it intersects
] the west right-of-way fence of U.S. Highway 277, approximately
[
3/4
]
1-5/8
mile; thence, following U.S. Highway 277
in a southerly direction into the City of Eagle Pass and following the meanderings
of U.S. Highway 277 in a southerly direction to its intersection with Church
Street, approximately 8.5 miles; thence, following Church Street in a westerly
direction to its intersection with Commercial Street, approximately .5 mile;
thence, following Commercial Street in a southerly direction to its intersection
with Garrison Street, approximately .7 mile; thence, following Garrison Street
in an easterly direction to its intersection with Adams Street, approximately
.2 mile; thence, following the meanderings of Adams Street in a southerly
direction to where it becomes Industrial Park Road, approximately one mile;
thence, following the meanderings of Industrial Park Road to where it intersects
Brown Street, approximately 1.5 miles; thence, following Brown Street in an
easterly direction to the intersection of Farm Road 1021, approximately .5
mile; thence, following Farm Road 1021 in a southeasterly direction to the
intersection of Farm Road 1021 and Farm Road 2366; thence, following Farm
Road 2366 in a southwesterly direction to an intersection of Farm Road 2366
and a paved county road, approximately 1.5 miles; [
thence, continuing
along a paved county road in a southwesterly direction to a cattle guard at
the eastmost corner of the Loma Linda Ranch double fence, approximately 1
1/4 miles; thence, following the same double fence in a westerly direction
to a corner, approximately 5/8 mile; thence, following the same double fence
in a northerly direction to a corner, approximately 3/4 mile; thence, following
the same double fence in a westerly direction to the northwest corner of the
Loma Linda Ranch approximately 7/8 mile; thence, following the meanderings
of the same double fence in a southerly direction to the north fence of the
W.D. Ranch, approximately 1.5 miles; thence, following the same double fence
along the north property line of the W.D. Ranch in a westerly direction to
the northwest corner of the same, approximately 3/8 mile; thence, following
the same double fence along the meanderings of the Rio Grande River in a southeasterly
direction to the northwest corner, of the El Indio Land Company Ranch, approximately
one mile;
]
thence continuing along a paved county road in a southwesterly
direction to the southeast corner of Loma Linda Ranch fence and adjoining
the eastmost corner of the W.D. Ranch game-proof fence approximately 1-3/4
miles; thence, following the W.D. Ranch game proof fence in a westerly direction
to the north corner of the W.D. Ranch double fence approx. 1-9/10 miles; thence,
following the same double fence along the meanderings of the Rio Grande River
in a southeasterly direction to the Northwest corner of the El Indio Land
Company Ranch, approximately 1 mile;
thence, following the meanderings
of the same double fence parallel to the Rio Grande River in a southeasterly
direction to where it intersects the west fence of the Kiesling Rio Lado Farm,
approximately four miles; thence, following the same double fence in a southeasterly
direction to where it joins the west fence of the Stone Ranch Upper Pasture,
approximately 1 1/4 miles; thence, following the meanderings of the Stone
Ranch Upper Pasture W. double fence in a northerly direction to a corner,
approximately .5 mile; thence, following the same double fence along the north
property line of the Stone Ranch Upper Pasture in a northeasterly direction
to where it intersects the Maverick County quarantine fence at the El Indio
vat, approximately 3/4 mile; thence, following the meanderings of the Maverick
County quarantine line fence in a southerly direction to the northwest corner
of the Kiesling Lake Pasture, approximately 10 3/4 miles; thence, along the
Kiesling Lake Pasture double fence in a southeasterly direction to where it
intersects the north fence of the Dick Swartz Ranch Mansfield Pasture, approximately
1 3/4 mile; thence, following the meanderings of a double fence in a southeasterly
direction paralleling the Rio Grande River to the south fence of the Swartz
Ranch Mansfield Pasture, approximately five miles; thence, following the meanderings
of the south fence of the Swartz Ranch Mansfield Pasture in a northeasterly
direction to the Eagle Pass-Laredo River Road which will be called the Mines
Road from this point south, approximately four miles; thence, following the
Mines Road in a southeasterly direction to the Maverick-Webb County line,
approximately 14 miles.
where it intersects the north fence of the Las Minas Ranch
Tasita Pasture approximately 43 1/2 miles; thence, following the north fence
of the Las Minas Ranch Tasita Pasture in an easterly direction to the northeast
corner of the same, approximately 1.8 miles; thence, following the east fence
of the Tasita Pasture in a southerly direction to the southeast corner of
the same, approximately 1.3 miles; thence, following the south fence of the
Tasita Pasture in a westerly direction to where it intersects the Mines Road,
approximately 2 1/10 miles; thence, following the Mines Road in a southeasterly
direction to
] its intersection with Del Mar Boulevard and IH 35, approximately
63
[
18.3
] miles; thence, following IH 35 in a southerly direction
to its intersection with Matamoros Street (U.S. Highway 83) approximately
4.1 miles; thence, following Matamoros Street in an easterly direction approximately
one mile to where Matamoros Street becomes Guadalupe Street; thence, following
Guadalupe Street in an easterly direction approximately 1 1/2 miles to where
U.S. Highway 83 turns in a southerly direction; thence, following U.S. Highway
83 in a southerly direction, approximately 16.7 miles to where it intersects
the Webb-Zapata County line.
where it intersects the Martinez Windmill Trap
north fence, approximately .3 mile; thence, east along the north fence of
the Martinez Windmill Trap to the northeast corner of same, approximately
.3 mile; thence, following the east fence of the Martinez Windmill Trap in
a southerly direction to the southeast corner of same, approximately .1 mile;
thence, along the south fence of the Martinez Windmill Trap in a westerly
direction to where it intersects U.S. Highway 83, approximately .3 mile; thence,
following U.S. Highway 83 in a southerly direction to where it intersects
the Juan Vidaurri heirs pasture north fence, approximately 2.5 miles; thence,
following the Juan Vidaurri heirs pasture north fence in an easterly direction
to the northeast corner of same, approximately 1.5 miles; thence, following
the meanderings of the Juan Vidaurri heirs pasture east fence in a southerly
direction to where it intersects the north fence of the Dye Farm, approximately
2.5 miles; thence, following the north fence of the Dye Farm in a westerly
direction to where it intersects U.S. Highway 83, approximately 7/8 mile;
thence, following U.S. Highway 83 in a southerly direction to where it intersects
the Zapata city limits fence, approximately 25 miles; thence, along the Zapata
city limits fence in a westerly direction to a corner, approximately 1/16
mile; thence, following the meanderings of the Zapata city limits fence in
a southeasterly direction to the southeast corner of the Eddie Bravo Trap,
approximately 2.5 miles; thence, following the south fence of the Eddie Bravo
Trap in a westerly direction to its intersection with the water line on Falcon
Lake, approximately three-tenths of a mile; thence, following the meanderings
of the water line of Falcon Lake in a southeasterly direction to its intersection
with U.S. Highway 83, approximately 1.2 miles; thence, following U.S. Highway
83 in a southerly direction to
] where it intersects the Zapata-Starr
County line, approximately
56
[
23 1/8
] miles.
the Willacy County canal,
approximately 200 yards; thence, following the Willacy County canal in a northerly
direction to the CPL Company double pole power line, approximately .5 mile;
thence, following the CPL Company double pole power line in an easterly direction
to where it intersects FM Road Number 1479, approximately 7 1/8 miles; thence,
south on FM Road Number 1479 to where it intersects a county road, approximately
50 yards; thence, following said county road in a southeasterly direction
to where it intersects Ohio Station Road, approximately 1 7/8 miles; thence,
southwest on Ohio Station Road to where it intersects the Cameron County Water
District drain ditch, approximately 3/4 mile; thence, following the Cameron
County Water District drain ditch around the San Benito Water District Reservoir
in a northeasterly direction to the northeast corner of the San Benito Water
District Reservoir, approximately 2.5 miles; thence, continuing along the
Cameron County Water District drain ditch in a northeasterly direction to
where it joins the Resaca Rancho Viejo, approximately 5 1/4 miles; thence,
south and east along the meanderings of the Cameron County Water District
drain ditch to where it again joins the Resaca Rancho Viejo, approximately
3.2 miles; thence, following the meanderings of the Resaca Rancho Viejo in
an easterly direction to where it intersects FM Road 1421, approximately two
miles; thence, following FM Road Number 1421 in a southerly direction to where
it intersects FM Road Number 1732, approximately 3/8 mile; thence, following
FM Road Number 1732 in an easterly direction to where it intersects Carmen
Avenue, approximately 1 3/4 miles; thence, following Carmen Avenue in a southerly
direction to where it intersects the south loop of the Resaca de la Guerra,
approximately 3.5 miles; thence, following the meanderings of the Resaca de
la Guerra in an easterly direction to where it intersects the MP Railroad,
approximately seven miles; thence, following the MP Railroad in a southerly
direction to where it intersects
] Boca Chica Boulevard, approximately
26.2
[
1.5
] miles; thence, following Boca Chica Boulevard
in an easterly direction to where it becomes Boca Chica Road and continuing
in the same direction on Boca Chica Road to where it intersects a drain ditch,
approximately 9.5 miles; thence, following this drain ditch in a northerly
direction to where it intersects the Brownsville Ship Channel, approximately
three miles; thence, following the Brownsville Ship Channel in a northeasterly
direction to where it enters the Gulf of Mexico, a distance of approximately
17.5 miles.
Chapter 43.
TUBERCULOSIS
Subchapter B. GOATS
Chapter 49.
EQUINE
Chapter 51.
INTERSTATE SHOWS AND FAIRS
(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)
] 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)
] 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)
] 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)
] "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)
] Waybill--A document
used for livestock moving directly to a livestock market, quarantined feedlot,
or slaughter plant. The waybill contains the following information:
,and equine
] delivered to slaughter
or livestock market by the owner or consigned there and accompanied by a waybill;
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.
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.
]
Chapter 57.
POULTRY