Part 2.
TEXAS ANIMAL HEALTH COMMISSION
Chapter 35.
BRUCELLOSIS
The Texas Animal Health Commission (commission) proposes amendments
to Chapter 35 concerning the Eradication of Brucellosis and will amend Subchapter
A, regarding Cattle, Subchapter B, regarding Swine and Subchapter C, regarding
Goats. This proposal amends §§35.1-35.4 in Subchapter A, §35.42
in Subchapter B, and §35.60 and §35.61 in Subchapter C. A new §35.62
has also been added to Subchapter C.
This chapter is being amended for reasons provided below. Under §35.1
(22) the definition for herds is being amended to include cattle owned by
a spouse. This is intended to clarify the existing requirement and insure
that brucellosis is not contained in an existing herd owned by a spouse where
there is a greater potential for commingling and exposure.
Under §35.1(38) the definition for spayed heifers is being amended
to specifically reflect United States origin spayed heifers which is the current
practice. The Commission is adding a provision for Mexican origin heifers,
spayed prior to entry. These animals will be identified as defined in the
definition and conform to federal requirements.
Under §35.2(a)(4), the rule is being clarified regarding the testing
of blood. For all retest purposes, the blood will only be collected by accredited
veterinarians that are approved by the Commission to perform brucellosis program
duties, or by commission or APHIS personnel.
Under §35.2(l)(4) proposes that following the results of the initial
herd test of the herd which contained the reactor(s) or the suspect(s), a
regional epidemiologist may waive the requirement for vaccinating cattle over
twelve months of age in infected herds. This changes the current requirement
of eight months. This change reflects other changes in the rule related to
calfhood vaccination age.
Under §35.2(d), under requirements for a herd test, the rule is being
amended under Subparagraph (B) to clarify that all cattle "that are parturient
or post parturient" shall be tested. The reason for inserting this qualification
is based on the fact that the characterization of the disease is based on
"parturient" and is not based on age at the time of calving.
Under §35.3(d)(2), the rule is being amended to correct the incorrect
acronym contained in the rules for Brucellosis Milk Surveillance Test (BMST).
The rule currently states BRT but is being amended to state BMST.
Section 35.4(a), regarding requirements for cattle from foreign countries
without comparable brucellosis status that enter and remain in Texas, is being
amended under subparagraph (B) to provide that spayed heifers shall be identified
by branding as specified in §35.1 of this title (relating to Definitions).
This is to correlate with the addition of the brand requirement for spayed
heifers coming from Mexico.
Also, under §35.4(a)(5) which provides for testing requirements for
females entering for purposes other than immediate slaughter or feeding in
a quarantined feedlot or designated pen, is being clarified regarding what
is needed to release an animal from quarantine.
Under §35.4(7), the section is being amended to remove the language
which provides that the responsibility for the costs of calfhood testing and
retesting shall be borne by the owner. The change reflects the fact that the
agency currently performs most of these tests and retests. The reason is,
in order to insure timely and accurate testing, agency personnel normally
perform this activity. The costs associated with calfhood vaccination shall
continue to be borne by the animal owner.
The Commission is amending §35.4(b) regarding the requirements for
cattle entering Texas from other states. The exception, under paragraph (1)(A),
for the vaccination requirements, is that all female cattle entering for purposes
of shows, fairs and exhibitions will be "returning to their original location."
This is in order to insure that cattle entering for shows, fairs and exhibitions
meet our entry requirements by insuring return to their original location.
This type of animal provides a reduced animal health risk for this state.
Also, regarding §35.4(b)(2), the testing requirement is being amended
to clarify that it applies to all non-quarantined cattle "that are parturient
or post parturient" animals. The reason is based on the characterization of
the disease which is based on "parturient" and is not based on age at the
time of calving.
Under §35.4(b), the requirement is clarified to insure that "cattle
not from class free states or areas, certified brucellosis free herds, or
commuter herds" shall be "S" branded and moved directly to a quarantined feedlot,
to designated pens, or to slaughter, accompanied with an "S" permit. The reason
for the clarification is to state the requirement which establishes an appropriate
method of risk management associated with these types of potentially at risk
cattle.
Under §35.4(c)(2), the testing requirement is being clarified as being
applicable to all cattle changing ownership within Texas that are parturient
or post parturient.
The rule is being amended at §35.42 in order to indemnify the owner
of an animal involved in a brucellosis tested herd where final diagnosis of
the animal will be based on tissues. Indemnity is authorized to the owner
of livestock because serological samples indicate it is potentially exposed
to or infected with brucellosis and the commission considers it necessary
to buy the animal for final diagnosis. This is a necessary step toward eradication
of the disease.
The Commission proposes changes to Subchapter C which provides for the
eradication of brucellosis in goats. As with the brucellosis programs for
cattle and cervidae, this program is focused on the control and eradication
of brucellosis from livestock in Texas. Recently,
Brucella melitensis
was diagnosed in a goat herd in South Texas. This
is the first such outbreak documented in goats in over thirty years. The Commission
moved quickly to control and handle this outbreak.
Brucella melitensis
is a particularly serious disease in people and
may infect them via consumption of unpasteurized goat milk or through contact
during the slaughter process. In order to insure that this disease does not
re-establish itself in goats in Texas, the rules are being amended to reflect
the current standards for sheep and goats in the brucellosis program established
with the cooperative efforts of the United States Department of Agriculture.
This program will have the same testing requirements and protocol as provided
for cervidae and swine.
Under §35.60, new definitions are being added which reflect the current
brucellosis testing protocol for other species.
Section 35.61 is being amended to contain, "general requirements" for this
subchapter and replaces the "Requirements for Certified Brucellosis Free Herd
of Dairy Goats." (The requirements related to a certified brucellosis free
herd are being put into a new §35.62.) This section contains requirements
related to testing and classification requirements, including procedures for
handling affected herds and indemnity options. The Section contains the following
subsections: (a) Testing of blood; (b) Classification of goats; (c) Reclassification
of reactors; (d) Requirements of a herd test; (e) Procedures in affected herds;
and (f) Depopulation with indemnity.
Section 35.62 is a new section and is entitled "requirements for Certified
Brucellosis Free Herd of Goats." This corresponds to requirements previously
contained in §35.61 but with updated requirements which reflect the current
brucellosis program. This section contains the following requirements or elements:
(a) A certified brucellosis free goat agreement must be completed and signed
with the Texas Animal Health Commission; (b) Brucellosis testing will be on
a herd basis. Certified free herd status is for a 12-month period; (c) Goats
required to be tested--all sexually intact goats are required to be tested
at one year of age or older as evidenced by the eruption of their first pair
of permanent incisor teeth; (d) Qualifying methods; (e) Qualifying standards;
and (f) Proof of qualifying as a certified brucellosis free herd.
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. The agency
currently administers the program and the proposed changes will not create
any additional costs to the agency to administer. The costs associated with
the indemnity provisions related to swine and goats is expected to be within
the budgetary considerations for such a program, especially since the provision
related to swine is only for individual animals, and the incidence of brucellosis
in goats is rare.
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 by conforming to current federal
requirements.
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. ERADICATION OF BRUCELLOSIS IN CATTLE
4 TAC §§35.1 - 35.4
The amendments are proposed under the Texas Agriculture Code,
Chapter 161, §161.041, entitled "Disease Control", and provide that "the
commission shall protect all livestock, domestic animals, and domestic fowl
from infectious abortion." The commission may adopt any rules necessary to
carry out the purposes of this subsection, including rules concerning testing,
movement, inspection, and treatment. Section 161.046 authorizes the Commission
to promulgate rules in accordance with the Texas Agriculture Code. Section
161.058, entitled "Compensation of Livestock Owner", provides that the commission
may pay an indemnity to the owner of livestock exposed to or infected with
a disease if the commission considers it necessary to eradicate the disease.
The commission may adopt rules for the implementation of this section.
Also, Chapter 163 of the Agriculture Code provides in Section 163.064 that
the commission may provide rules prescribing criteria for the classification
of cattle for the purpose of brucellosis testing. Section 163.087, entitled
"Improper Sale Or Use Of Vaccine Or Antigen," provides that "a person commits
an offense if the person sells or administers a brucellosis antigen or vaccine
in violation of §163.064 of this code." Also, §163.085, entitled
"Failure To Properly Handle Infected Animal," provides that "(a) person commits
an offense if the person knowingly refuses to handle in accordance with the
rules of the commission an animal that the commission has classified as infected
with brucellosis."
No other statutes, articles, or codes are affected by the amendments.
§35.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise:
(1)
Adjacent herds--A herd of cattle or bison that occupies
a premise that lies within one mile of a "herd known to be affected."
(2)
Affected herd--Any herd in which any cattle have been classified
as a reactor or suspect and which has not completed the requirements of the
individual herd plan.
(3)
Approved brucella vaccine--A product that is produced under
license of the USDA and used in accordance with the current guidelines of
USDA for its use in cattle to enhance their resistance to brucellosis.
(4)
Approved personnel--Texas Animal Health Commission inspectors
and veterinarians; Federal Animal Health technicians and veterinarians; accredited
Texas veterinarians; and others who have been approved to do those assigned
duties as described in these regulations for brucellosis control and eradication.
(5)
Auction--A public sale of cattle.
(6)
Auctioneer--A person who sells or makes a business of selling
cattle at auction.
(7)
Brucellosis (Bang's Disease contagious abortion)--For purposes
of this regulation, brucellosis is a contagious, infectious disease of cattle,
sheep, goats, horses, and swine caused by bacteria of the genus brucella.
(8)
Cattle--All dairy and beef animals (genus Bos) and bison
(genus Bison).
(9)
Class "Free" area--An area of two or more contiguous counties
which has remained free from field strain brucella abortus infection for 12
months or longer. A 12 months adjusted MCI reactor prevalence rate not to
exceed one reactor per 2,000 cattle tested (0.050%) must be maintained.
(10)
Class "A" area--An area of two or more contiguous counties
which has an accumulated 12 months herd infection rate due to field strain
brucella abortus that does not exceed 0.25% or 2.5 herds per 1,000 and must
maintain a 12 months adjusted MCI reactor prevalence rate not to exceed one
reactor per 1,000 cattle tested (0.100%).
(11)
Class "B" area--An area of two or more contiguous counties
which has an accumulated 12 months herd infection rate due to field strain
brucella abortus that does not exceed 1.5% or 15 herds per 1,000. A 12 months
adjusted MCI reactor prevalence rate not to exceed three reactors per 1,000
cattle tested (0.30%) must be maintained.
(12)
Commission--The Texas Animal Health Commission.
(13)
Commission firm--A person, partnership, other legal entity,
or corporation which buys and sells cattle as a third party and who reports
to the seller and to the buyer details of the transactions. This includes
any such person or group whether or not a fee is charged for the service.
(14)
Commuter herd--A herd of cattle located in two or more
states that is documented as a valid ranching operation by those states in
which the herd is located and which requires movement of cattle interstate
from a farm of origin or returned interstate to a farm of origin in the course
of normal ranching operations, without change of ownership, directly to or
from another premise owned, leased, or rented by the same individual. An application
for "commuter herd" status must be signed by the owner and approved by the
states in which the herd is located. This status will continue until canceled
by the owner or one of the signatory states.
(15)
Dealer--
(A)
Any person engaged in the business of buying or selling
cattle in commerce on his own account, as an employee or agent of the vendor,
the purchaser, or both, or on a commission basis.
(B)
The term shall not include a person who buys or sells cattle
as part of his own bona fide breeding, feeding, dairy, or stocker operations
but does include livestock markets and commission merchants.
(16)
Designated Pens--A set of pens in a feedlot under a plan
of restricted movement, approved jointly by Animal and Plant Health Inspection
Service, Veterinary Services, and the Commission in which all cattle are classified
as exposed to brucellosis. The pens may be pre-approved, but the approval
period will begin with initial arrival of the exposed cattle. The Designation
will be automatically renewed every 12 months if requirements specified in
these regulations and the approved agreement continue to be met by the feedlot.
The status will continue until:
(A)
the feedlot requests deactivation; or
(B)
the Commission determines the status should be eliminated
because of the feedlot's failure to comply with the Designation Agreement
or these regulations; or
(C)
changes in Federal or State law or regulations require
elimination of or change in the status.
(17)
Epidemiologist--A veterinarian who has received a degree
in epidemiology and is employed by the commission or USDA, APHIS, VS.
(18)
Executive director--The chief executive officer of the
Texas Animal Health Commission appointed by the commissioners and authorized
to act for the commissioners in the absence of the chairman.
(19)
Exempt Cattle (from testing requirements)--Cattle that
have been physically rendered sterile for breeding.
(20)
Exposed cattle--Cattle that are part of an affected herd
or cattle that have been in contact with reactors in marketing channels for
periods of 24 hours; and periods of less than 24 hours if the reactor has
recently aborted, calved, or has a vaginal or uterine discharge. These cattle
shall be classified as exposed regardless of any blood test results.
(21)
Feedlot--A confined drylot area for finish feeding of
cattle on concentrated feed with no facilities for pasturing or grazing. All
cattle in a feedlot are considered a "herd" for purposes of these regulations.
(22)
Herd--
(A)
All cattle under common ownership or supervision
or cattle owned by a spouse
that are on one premise; or
(B)
All cattle under common ownership or supervision
or cattle owned by a spouse on
two or more premises that are geographically
separated, but on which the cattle have been interchanged or where there has
been contact among the cattle on the different premises. Contact between cattle
on the different premises will be assumed unless the owner establishes otherwise
and the results of the epidemiological investigation are consistent with the
lack of contact between premises; or
(C)
All cattle on common premises, such as community pastures
or grazing association units, but owned by different persons. Other cattle
owned by the persons involved which are located on other premises are considered
to be part of this herd unless the epidemiological investigation establishes
that cattle from the affected herd have not had the opportunity for direct
or indirect contact with cattle from that specific premises. Quarantined feedlots
and quarantined pastures are not considered to be herds.
(23)
High risk herd--A herd that is epidemiologically judged
by a state-federal veterinarian to have a high probability of having or developing
brucellosis. A high risk herd need not be located on the same premise as an
infected or adjacent herd.
(24)
Hold Order--A document restricting movement of a herd,
unit, or individual animal pending the determination of disease status.
(25)
Individual herd plan--A herd disease management and testing
plan to prevent, control, and eliminate brucellosis in a herd of cattle.
(26)
Market cattle identification--The process of individually
identifying cattle on change of ownership by backtag or eartag issued by USDA
showing their herd of origin.
(27)
Official backtag--A United States Department of Agriculture
(USDA), Animal and Plant Health Inspection Service (APHIS), Veterinary Services
(VS) approved identification backtag that conforms to the national uniform
tagging system. It uniquely identifies each individual animal with alpha-numeric
identification. The official backtag may not be reused on another animal.
(28)
Official eartag--A Veterinary Services approved identification
eartag (metal, plastic, or other) that conforms to the nine-character alpha-numeric
National Uniform Eartagging System. It uniquely identifies each individual
animal with no duplication of the alpha-numeric identification, regardless
of the materials or colors used. The term includes the special orange-colored
eartag series used to identify calfhood vaccinates. The official eartag may
not be removed from the animal.
(29)
Official Vaccinate--
(A)
Calfhood Vaccinate: Female cattle (dairy and beef) vaccinated
between four and 12 months of age with an approved Brucella vaccine.
(B)
Adult Vaccinate: Female cattle that have been blood tested
negative within ten days prior to vaccination and vaccinated at an age over
the ages given in subparagraph (A) of this paragraph with an approved dose
of Brucella vaccine as part of a whole herd vaccination plan.
(30)
Parturient--Visibly prepared to give birth or within two
weeks of giving birth.
(31)
Permit--A document adopted by the commission with specified
conditions relative to movement, testing and vaccinating of cattle which is
required to accompany the cattle entering, leaving or moving within the State
of Texas.
(A)
"E" permit--Premovement authorization for entry of cattle
into the state by the Texas Animal Health Commission. The "E" permit states
the conditions under which movement may be made, and restrictions and test
requirements after arrival.
(B)
"S" permit--A premovement authorization for exposed, suspect
or nontested cattle in marketing channels having restricted destination.
(C)
"B" permit (VS Form 1-27)--A premovement authorization
for movement of reactor cattle in marketing channels moving to slaughter.
(32)
Postparturient--Having already given birth.
(33)
Premise--An area defined by the outermost boundary of
land under common ownership or control enclosed by a perimeter fence or other
boundary. A premise may consist of more than one pasture.
(34)
Priority Herd--Exposed herd from which a reactor has been
classified, infected herd, or adjacent herd.
(35)
Quarantined feedlot--A feedlot under a plan of restricted
movement, approved jointly by Animal and Plant Health Inspection Service,
Veterinary Services and the commission in which all cattle except steers and
spayed heifers are classified as exposed to brucellosis.
(36)
Quarantined pasture--A designated confined area for limited
grazing under a plan of restricted movement approved jointly by Animal and
Plant Health Inspection Service, Veterinary Services and the commission. All
cattle except steers and spayed heifers shall be classified as exposed to
brucellosis. All cattle permitted to a quarantined pasture must originate
from a Texas farm or ranch and move directly to a quarantined pasture or through
a Texas market to a quarantined pasture.
(37)
Reactor--Cattle classified as being infected with brucellosis
as a result of serological testing or microbiological culturing of blood,
tissue, secretions, or excretions from the animal.
(38)
Spayed Heifer--A
United States origin
heifer
which has been neutered by an accredited veterinarian and identified with
an official eartag and hot iron brand applied high on the left hip near the
tailhead with an open spade design not less than three inches high. The heifer
shall be identified on a TAHC Spaying Certificate form completed by an accredited
veterinarian or a Texas Animal Health Commission representative.
Each
spayed heifer imported into the United States from Mexico shall be identified
with a distinct, permanent, and legible "M
x
"
mark applied with a freeze brand, hot iron, or other method prior to arrival
at a port of entry, unless the spayed heifer is imported for slaughter. The
"M
x
" mark shall be not less than 2 inches nor
more than 3 inches high, and shall be applied to each animal's right hip,
high on the tailhead (over the junction of the sacral and first coccyges.
Figure: 4 TAC §35.1(38) (No change.)
(39)
Suspect--Cattle classified as suspicious of being infected
with brucellosis as a result of serological testing of blood, secretions,
or excretions from the animal.
(40)
Tested herd--Herd of cattle located in a noncertified
area for which a state has records showing that the herd has been subjected
to official testing for brucellosis in accordance with the procedures for
herd tests within 12 months prior to movement and that the herd is not known
to be affected with brucellosis.
(41)
Test-Eligible Cattle in other than Priority Herds--All
cattle 18 months of age and over (as evidenced by the loss of the first pair
of temporary incisor teeth), except steers and spayed heifers.
(42)
Test-Eligible Cattle in Priority Herds--All sexually intact
female cattle four months of age and older and all bulls 18 months of age
and older.
(43)
Traceback of reactors--The epidemiological procedure in
locating the premise or premises and the cattle that have been in contact
with the reactor during a specified period of time.
§35.2.General Requirements.
(a)
Testing of blood and semen.
(1)
All tests shall be made by approved personnel only as the
basis for compliance with these regulations.
(2)
All tests must be confirmed by a state-federal laboratory
as the basis for compliance with these regulations. Non-quarantined cattle
may be moved based upon the card test results. All samples initially tested
at other than state-federal laboratories shall be submitted (mailed) within
48 hours of collection and confirmed at the state-federal laboratory.
(3)
When a discrepancy occurs between test results of the state-federal
laboratory and those of the person who originally tested the animal(s), the
entire consignment, shipment, or herd will be traced and held pending results
of a retest on the animal(s) with the discrepancy.
(4)
Samples for all retest purposes will be collected by
accredited veterinarians that are approved by the Commission to perform brucellosis
program duties, or by
commission or APHIS personnel and submitted to
the state-federal laboratory for confirmation testing. An epidemiologist may
designate those cattle that do not require a test. The herd of origin, as
well as the herd in which the animal(s) is presently located, will be affected
by the test results of the state-federal laboratory. The state-federal laboratory
initial test results will prevail if the traced animal cannot be positively
identified or if it has been slaughtered and cannot be retested.
(5)
When the state-federal laboratory is unable to confirm
results of a test because of insufficient serum, hemolyzed blood, or broken
tubes, the commission may require a trace and retest of the animals not confirmed.
(6)
When the commission has reason to believe the tests are
controversial, contested, or disputed, it may require that its personnel be
present at the time of blood collection and testing as a basis for compliance
with these regulations. In such case, the commission shall notify the herd
owner prior to the test.
(b)
Classification of cattle. Cattle shall be classified by
approved personnel by an evaluation of titer responses for all cattle to serological
tests, or by identification of Brucella abortus in specimens taken from these
cattle. The following serological tests may be used for the classification
of cattle.
(1)
Card test. The card test (buffered Brucella is a test antigen)
that may be used to classify cattle as suspects. Results of the card test
may be used with other test results conducted in the state-federal laboratory
to aid in the classification of cattle as reactors. The card test may be used
as a test to classify cattle as reactors on written approval of the owner
or his agent. The owner or his agent's signature on test charts prior to "B"
branding will be accepted as approval. Card tests may be used to classify
cattle negative on surveillance samples collected at slaughter, on routine
samples collected on farms, at livestock markets, and on tests of suspicious
and affected herds.
(2)
Manual Complement fixation test. The manual complement
fixation test is an official test when it is conducted at the cooperative
state-federal brucellosis laboratory using recognized methods.
(A)
Interpretation of the manual CF test results.
Figure: 4 TAC §35.2(b)(2)(A) (No change.)
(B)
Interpretation of test result codes. The following codes
are utilized by the laboratory to represent the corresponding test results:
Figure: 4 TAC §35.2(b)(2)(B) (No change.)
(3)
Rivanol test. The rivanol test is an official test when
conducted in cooperative state-federal brucellosis laboratories. Vaccinated
cattle tested under the MCI program that show complete agglutination at dilutions
of 1:25 or greater must be reported as MCI reactors for the purpose of state
or area classification.
(A)
Interpretation of rivanol test results.
Figure: 4 TAC §35.2(b)(3)(A) (No change.)
(B)
Interpretation of test result codes. The following codes
are utilized by the laboratory to represent the corresponding test results:
Figure: 4 TAC §35.2(b)(3)(B) (No change.)
(4)
Brucellosis Milk Surveillance Test (BMST). The brucellosis
milk surveillance test, conducted by methods approved by USDA-APHIS-VS, is
a test that may be used to classify herds or cattle as suspected of being
infected with brucellosis.
(5)
Buffered acidified plate antigen test. Buffered acidified
plate antigen tests may be used to classify cattle as negative on MCI samples
collected at slaughter and at livestock markets. This test may also be used
in state-federal laboratories for routine samples collected on farms.
(6)
Rapid screening test (RST). The RST may be used as a test
for classifying cattle as negative in state-federal laboratories.
(7)
Standard tube agglutination test (STT) or standard plate
agglutination test (SPT). The blood or semen titers of cattle and bison tested
by the STT or SPT methods are interpreted in the following ways:
Figure: 4 TAC §35.2(b)(7) (No change.)
(8)
Particle concentration fluorescence immunoassay (PCFIA)
test. May be used to determine the brucellosis disease status of test-eligible
cattle and bison when conducted by methods approved by USDA, APHIS, VS. When
used as a supplemental test on card-positive Strain 19 vaccinated dairy cattle,
a negative PCFIA result will allow them to be classified as negative for intrastate
movement only.
(9)
Concentration immunoassay test (CITE). Used as a supplemental
test in market channels where cattle have been disclosed as positive by use
of the card test. CITE positive animals will be considered as reactors and
the remainder of the consignment be considered as exposed and moved in accordance
with subsection (i)(2) of this section.
(10)
New tests under research. Laboratory tests approved by
the executive director are authorized to be used in conjunction with tests
listed in this subsection for evaluation of their future usefulness in the
program.
(c)
Reclassification of reactors. Cattle initially classified
reactors may be reclassified provided a complete epidemiological investigation
of the herd is conducted and there is no evidence of field strain Brucella
abortus infection or exposure thereto.
(d)
Requirements for a herd test.
(1)
Test eligibility.
(A)
Priority herds--All sexually intact female cattle four
months of age and older and all bulls 18 months of age and older.
(B)
Other than priority herds--All cattle
that are parturient
or post parturient
or 18 months of age and older except steers and spayed
heifers.
(2)
Calfhood vaccination requirements. All female cattle between
four and 12 months of age in affected herds must be vaccinated at the time
of testing.
(3)
Identification requirements. All cattle tested shall be
identified with either an official eartag, an individual registration tattoo,
or individual registration brand. All cattle in priority herds except steers,
spayed heifers, and bulls under 18 months must be officially identified regardless
of test eligibility.
(e)
Requirements of a market test.
(1)
All cattle 18 months of age and over except steers and
spayed heifers shall be tested unless they were tested within the previous
30 days and:
(A)
are accompanied by a test document approved by the commission;
and
(B)
identified with official eartag; and
(C)
either identified with legible individual brand, bangle
tag, chalk number, or backtag with this identification shown on a test document;
or each animal examined so that the eartag can be matched to the test document.
(2)
Each animal(s) tested at the market shall be identified
by official eartag and official backtag.
(3)
The market shall supply the following information to the
accredited veterinarian prior to conducting the card test for inclusion on
the VS Form 4-54 after results of the test are known:
(A)
full name, street address and/or route address, and zip
code of the owner of the cattle at the time cattle are delivered to the market;
(B)
backtag number, with prefix, for each head of cattle.
(4)
The veterinarian shall not conduct the card test prior
to receiving the name and address of the owner from the market.
(5)
At time of testing of the cattle, the following additional
information is required to be included on the VS Form 4-54.
(A)
eartag number (list all nine characters);
(B)
date of test;
(C)
full name and address of the market;
(D)
tester's card test permit number; and
(E)
signature of the person who tested the cattle.
(6)
The veterinarian interpreting the card test results shall,
at the time of testing, immediately report any and all positive test results
to the state-federal market inspector by means of the completed VS Form 4-54.
(7)
Cattle which show a positive reaction to the card test
shall have another blood sample collected from them by an inspector. The inspector
will conduct another card test and the CITE test or deliver the sample to
a laboratory for a PCFIA test. If negative to the CITE or PCFIA tests, Strain
19 vaccinated dairy cattle shall be classified negative for intrastate movement
only and marked on the hip with yellow paint. If negative to the CITE or PCFIA
tests, beef cattle and non-Strain 19 vaccinated dairy cattle shall be classified
as suspect(s) and may be permitted to return to the premises of origin under
hold order for retest or be "S"-branded and permitted to slaughter or to a
quarantined feedlot or designated pen. In either case, the remainder of the
consignment may move unrestricted. Samples tested with the CITE test shall
then be submitted to a state/federal laboratory in a vacutainer for supplemental
testing and accompanied by a completed Form 91-28 which lists only the card
positive cattle.
(f)
Requirements of a slaughter test. Slaughter plants operating
in Texas shall collect blood from all cattle 18 months of age and over except
steers and spayed heifers and finish fed cattle under 36 months of age. All
blood samples collected at slaughter shall be submitted to a state-federal
laboratory. Identification of the cattle in relation to the sample shall be
maintained so that reactors or suspects may be traced to their herd of origin.
The following collection procedures shall be followed:
(1)
Blood samples shall be collected from each animal in tubes
numbered in sequence for each day's kill and placed in innercell mailing cartons
furnished by USDA.
(2)
The samples shall be listed in numerical order on the USDA
Test Record, Market Cattle Testing Program Form (VS 4-54). All man-made identification
devices such as backtags, eartags, and bangle tags for each animal shall be
recorded on the VS 4-54 in the appropriate columns to the corresponding blood
sample.
(3)
Known brucellosis reactors shall be identified on the VS
4-54 by entering "FR" in the test interpretation column.
(4)
The full name and address of each person or firm from which
each animal was secured shall be recorded on the VS 4-54 and daily kill sheets.
Test records shall show the slaughter plant name and address, the date of
collection (kill date), and the signature of collector.
(5)
The blood samples with the complete VS 4-54 and daily kill
sheets shall be promptly submitted to the appropriate state-federal laboratory.
(6)
If cattle are delivered by someone other than the slaughterer
or the slaughterer's agent, the license plate number of the vehicle delivering
the cattle shall be recorded on slaughter records and made available to commission
personnel upon request.
(g)
Retest of reactors. Reactors in markets or initial tests
on farms and ranches will be retested at the owner or his agent's request;
provided this request is within five days of his notification of the original
blood test results and prior to identification of the reactors by "B" brand
and eartag. Retest of reactors will be accomplished within five days of approval
for retest in dairies and 10 days of approval for retest in beef herds. Reactor
animals will be isolated from other cattle while awaiting retest. Animals
classified as reactors on the retest will be branded within 48 hours of classification.
Retesting of reactors on subsequent tests of the herd will be as provided
for in the herd plan.
(h)
Identification of brucellosis affected cattle.
(1)
Reactor cattle. All reactor cattle shall be permanently
identified within 15 days of classification by hot iron branding with the
letter "B" (at least two by two inches), placed high on the left hip near
the tailhead. An approved reactor tag shall be placed in the left ear. Identification
shall be prior to movement.
(2)
Exposed Cattle. All exposed cattle moving to a quarantined
feedlot, designated pen, quarantined pasture, or to slaughter shall be identified
by branding with a hot iron the letter "S" (at least two by two inches) placed
high on the left hip near the tailhead. Identification shall be prior to movement,
except exposed cattle on the premise of origin may be "S" permitted to a livestock
market where they shall be identified by "S" brand upon arrival. Exposed cattle
returned from the livestock market to the herd of origin are exempt from such
identification.
(3)
Suspects. Cattle classified as suspects in markets will
be identified as exposed cattle.
(i)
Movement of cattle classified as reactors, exposed or suspects.
There shall be no diversion from the permitted destination. When moved, the
cattle must be maintained separate and apart from all other classes of livestock
in pens reserved for this purpose at livestock markets or trucking facilities.
These pens must be thoroughly cleaned and disinfected before reuse.
(1)
Reactors. Reactors shall remain on the premises where disclosed
until a "B" permit for movement to immediate slaughter has been obtained.
Movement for immediate slaughter must be to a slaughtering establishment where
federal or state meat inspection is maintained or to a livestock market for
sale to such slaughtering establishment.
(2)
Exposed cattle. All exposed cattle moving from a premise
of origin or from a livestock market to a quarantined pasture, designated
pen, quarantined feedlot, or to immediate slaughter shall remain on the premise
where disclosed until an "S" permit VS Form 1-27 for movement has been prepared
by a TAHC Representative and signed by the person or other legal entity moving
the cattle. The completed "S" permit shall accompany the shipment of cattle
to the permitted destination. Movement for immediate slaughter must be to
a slaughtering establishment where Federal or State meat inspection is maintained
or to a livestock market for sale to such slaughtering facility.
(3)
Suspects. Suspects will be moved the same as exposed cattle,
except at a livestock market in a consignment of otherwise negative cattle
from a producer's herd of origin where the suspect is card positive on the
presumptive test and negative to supplemental tests, cattle may move as follows:
(A)
For beef cattle and non-Strain 19 vaccinated dairy cattle,
the owner shall either:
(i)
return the suspect under hold order to the herd of origin
until:
(I)
the suspect is negative to the card test, in which case
the hold order will be released; or
(II)
the suspect is classified as a reactor, in which case
it must be disposed of as described in subsection (j) of this section; or
(ii)
sell the suspect to a quarantined feedlot, designated
pen, quarantined pasture, or to slaughter, identified with an "S" brand and
a 1-27 permit.
(B)
For Strain 19 vaccinate beef cattle, the owner shall either:
(i)
return the suspect under hold order to the herd of origin
until:
(I)
the suspect is negative to the card test, in which case
the hold order will be released; or
(II)
the suspect is declared a stabilized suspect by an epidemiologist
after subsequent testing conducted in not less than 30 days after the positive
card test was conducted; or
(III)
the suspect is classified as a reactor, in which case
it must be disposed of as described in subsection (j) of this section; or
(ii)
sell the suspect to a quarantined feedlot, designated
pen, quarantined pasture, or to slaughter, identified with an "S" brand and
a 1-27 permit.
(j)
Immediate slaughter of reactors. Reactor cattle shall be
sold for immediate slaughter and removed from the premise under "B" permit
within 15 days from the date of identification for beef cattle and within
seven days from the date of identification for dairy cattle. Movement for
immediate slaughter shall be to a slaughtering establishment where Federal
or State inspection is maintained or to a livestock market for sale to such
a slaughtering establishment. When it has been determined by the Executive
Director that a specific reactor or reactors present a significant risk of
spread of brucellosis, those specific animals must move direct to slaughter
and may not be moved to a livestock market.
(k)
Removal of heifer calves from quarantined herds. Heifers
born in an infected herd shall be removed from the herd immediately after
they are weaned and kept as a separate heifer herd under quarantine, or moved
to market with "S" permit to be "S" branded, or "S" branded and permitted
prior to movement to a quarantined pasture, designated pen, quarantined feedlot,
or slaughter.
(l)
Requirements following classification of a dairy or a beef
animal or a bison as a reactor or a suspect.
(1)
The herd of which the reactor or the suspect was a part
shall be placed under quarantine or hold order. When brucellosis infection
is diagnosed in a herd, a quarantine will be placed on the herd. Any herd
with fence line or across the road contact with the quarantined herd will
be evaluated by a USDA or TAHC epidemiologist who will determine whether the
herd should be placed under hold order. Other adjacent or high risk herds
may be placed under hold order.
(2)
All cattle in the herd except steers and spayed heifers
are included in the quarantine or hold order. Any movement of quarantined
cattle shall conform to subsections (h) and (i) of this section concerning
identification and movement of reactor, exposed, or suspect cattle. Release
of the quarantine will be as described in paragraph (7) of this subsection.
(3)
An initial test of the herd which contained the reactor(s)
or the suspect(s) and/or any other affected, adjacent or high risk herds will
be conducted in accordance with subsection (d) of this section within a specified
time set by state-federal personnel upon consultation with each herd owner
unless waived by epidemiologist. If the Executive Director determines, based
on epidemiological principles, that immediate action is necessary, the time
for testing may be set without consultation with the herd owner.
(4)
The results of the initial herd test of the herd which
contained the reactor(s) or the suspect(s) and/or any other affected, adjacent
or high risk herds will be used to determine the need for, and development
of an individual herd plan for prevention or elimination of brucellosis in
that herd. The plan shall be developed by a State-Federal veterinarian of
the brucellosis control program in consultation with the herd owner or caretaker
and his veterinarian (if so requested by the owner). The plan developed by
the Commission shall be final and the owner or caretaker will be provided
a copy. Any proposed herd plan which has identified special management requirements
will be reviewed by a State-Federal epidemiologist who will either support
or modify the plan. A regional epidemiologist may waive vaccinating cattle
over
twelve
[
(5)
The plan will consist of the following.
(A)
Testing Procedures.
(i)
All sexually intact female cattle four months of age and
older and all bulls 18 months of age and older in the herd shall be presented
for testing or retesting at intervals stated in the herd plan until the quarantine
is released.
(ii)
All cattle to be added to the herd shall be tested prior
to commingling with the herd.
(iii)
All stray cattle found in the herd shall be presented
for testing.
(iv)
Cattle identified as reactors shall be removed in accordance
with subsection (j) of this section.
(v)
Heifers born in the herd shall be removed in accordance
with subsection (k) of this section.
(B)
Vaccination Procedures.
(i)
All nonvaccinated heifers shall be presented as soon as
possible after they reach the age of four months and before the age of 12
months to be tested for brucellosis and vaccinated with an approved B. abortus
vaccine. In the event heifers tested at the time of vaccination disclose reactor
level titers, they will be classified and handled as reactors.
(ii)
All female cattle over 12 months of age shall be presented
to be adult vaccinated with an approved B. abortus vaccine within ten days
of their negative serological test.
(iii)
Replacement female cattle over 12 months of age shall
be presented within ten days after a negative test, to be adult vaccinated
prior to their addition to an already vaccinated herd. The epidemiologist
will determine if adult vaccination of replacements must continue if the quarantine
extends past 18 months, or if only calfhood vaccinates may be added.
(iv)
Previously vaccinated negative female cattle shall be
presented for revaccination with an approved B. abortus vaccine as determined
by the epidemiologist.
(6)
A person may protest an initial test or a herd plan for
the prevention or elimination of brucellosis in each herd classified as affected,
adjacent, or high risk due to a reactor or suspect animal, after consultation
with the state-federal veterinarian of the Brucellosis Control Program.
(A)
To protest, the herd owner must request a meeting, in writing,
with the executive director of the commission within 15 days of receipt of
the herd plan or notice of an initial test and set forth a short, plain statement
of the issues that shall be the subject of the protest, after which:
(i)
the meeting will be set by the executive director no later
than 21 days from receipt of the request for a meeting;
(ii)
the meeting or meetings shall be held in Austin; and
(iii)
the executive director shall render his decision in writing
within 14 days from date of the meeting.
(B)
Upon receipt of a decision or order by the executive director
which the herd owner wishes to appeal, the herd owner may file an appeal within
15 days in writing with the chairman of the commission and set forth a short,
plain statement of the issues that shall be the subject of the appeal.
(C)
The subsequent hearing will be conducted pursuant to the
provisions of the Administrative Procedure and Texas Register Act, and Chapter
32 of this title (relating to Hearing and Appeal Procedures).
(D)
If the executive director determines, based on epidemiological
principles, that immediate action is necessary, the executive director may
shorten the time limits, as set out in subparagraphs (A) and (B) of this paragraph,
to not less than five days. The herd owner must be provided with written notice
of any time limits so shortened.
(7)
Requirements for Quarantine Release.
(A)
A herd is eligible for quarantine release following a minimum
of three consecutive herd blood tests that are classified as negative. The
first negative test shall be conducted at least 30 days after the last reactor
is removed from the herd. The second negative test shall be conducted at least
120 days after the last reactor is removed from the herd. The third negative
test shall be conducted a minimum of 12 months after the last reactor is removed
from the herd.
(B)
Heifers born in the herd and were removed from the herd
and kept separately shall remain under quarantine until they test negative
30 days following calving.
(C)
On the releasing test, official vaccinates that demonstrate
suspect titers on the approved supplemental test shall be classified as suspects.
After Strain 19 vaccinated suspects are stabilized, the remainder of the herd
may be released from quarantine. These suspects shall remain under a hold
order.
(D)
To obtain a quarantine release, the owner/caretaker shall
retest all cattle 18 months of age and over except steers and spayed heifers
in units not under quarantine. The retest must be conducted not less than
six months after the removal of the last reactor from the quarantined unit.
This retest, together with the third negative test of the quarantined unit,
may be used for herd certification if conducted no more than 14 months following
a negative herd test after the removal of the last reactor. A designated brucellosis
epidemiologist may exempt units from these retest requirements.
(E)
Epidemiological data may be considered in the release of
the quarantine.
(m)
Official vaccination requirements.
(1)
All official vaccinations will be conducted by approved
personnel only.
(2)
Calfhood vaccinated animals shall be permanently identified.
If the animal is already identified with an official eartag before vaccination,
an additional official eartag is not required. Vaccination tattoos must be
applied to the right ear. For Brucella abortus Strain 19 vaccinates, the tattoo
will include the U.S. Registered Shield and "V" which will be preceded by
a number indicating the quarter of the year and followed by a number corresponding
to the last digit of the year in which the vaccination was done. For Brucella
abortus Strain RB 51 vaccinates, the tattoo will include the U.S. Registered
Shield and "V," which will be preceded by a letter "R" and followed by a number
corresponding to the last digit of the year in which the vaccination was done.
Official vaccination (orange) eartags must be applied to the right ear unless
the animal is already identified with an official eartag. If the cattle or
bison are registered by a breed association recognized by VS, individual animal
registration tattoos or individual animal registration brands may be used
for identifying animals in place of official eartags.
(3)
Adult vaccinated cattle that have been vaccinated over
calfhood age as part of authorized whole-herd vaccination plans shall be permanently
identified as vaccinates by the following procedures: tattoo or by hot "V"
brand and by official eartag. Adult-vaccinated cattle and/or bison in these
herds must be identified by either a "V" hot brand high on the hip near the
tailhead with the open end down for RB 51, open end up for Strain 19, or by
an official "AV" (adult vaccination) tattoo in the right ear. For Brucella
abortus Strain 19 vaccinated animals, the "AV" in the tattoo is to be preceded
by a number indicating the quarter of the year, and followed by a number corresponding
to the last digit of the year in which the vaccination was done. For brucella
abortus Strain RB 51 vaccinated animals, the "AV" in the tattoo is to be preceded
by the letter "R," and followed by a number corresponding to the last digit
of the year in which the vaccination was done. The brand or tattoo is in addition
to the official eartag identification. If the cattle or bison are registered
by a breed association recognized by VS, individual animal registration tattoos
or individual animal registration brands may be used for identifying animals
in place of official eartags. Official eartags, if required, will be placed
in the right ear.
(4)
Vaccination will be done by state/federal personnel following
a negative test within ten days prior to adult vaccination.
(n)
Community notification of infected herds.
(1)
The status of infected herds and the application of quarantined
feedlots, designated pens, and quarantined pastures are to be made known to
herd owners in the immediate community. Notification of such herd owners may
be achieved by means of an educational letter delivered through personal contact
or by mail. When the herd has completed its individual herd plan, or the Quarantined
Premise approval is terminated, the herd owners shall also be notified within
30 days by means of an educational letter delivered by personal contact or
by mail.
(2)
Notification to the Texas Department of Health. The Texas
Department of Health will be notified within 15 days of the classification
of an infected herd.
(o)
Requirements for a quarantined feedlot. All parturient
and post parturient cattle must be officially tested for brucellosis within
30 days prior to entry into a quarantined feedlot. All cattle except steers
and spayed heifers in a quarantined feedlot shall be classified as exposed
to brucellosis. The quarantined feedlot shall be maintained for finish feeding
of cattle in drylot with no provisions for pasturing or grazing except in
adjacent quarantined pastures. Negative exposed and untested test-eligible
cattle must be permanently identified with a hot iron "S" brand high on the
tailhead upon entering the quarantined feedlot. All cattle except steers and
spayed heifers located in feedlots adjacent to quarantined pastures must be
permanently identified with a hot iron "S" brand high on the tailhead upon
entering such feedlots. All cattle except steers and spayed heifers leaving
such feedlot must go directly to slaughter; or may be moved directly to another
quarantined feedlot or designated pen with an "S" permit.
(p)
Requirements of a quarantined pasture for "S"-branded heifers.
The Commission in conjunction with the United States Department of Agriculture
(USDA), Animal and Plant Health Inspection Services (APHIS), Veterinary Services
(VS) may issue an approval to a landowner or operator to operate a quarantined
pasture for a period not to exceed eight months, which approval is personal
to the person named, and nontransferable to any other premises from the premises
described in the approval. To be considered, an applicant must submit a completed
application in writing to the Texas Animal Health Commission. Hereafter, the
word "operator" is used to indicate the person who received the approval to
operate a quarantined pasture.
(1)
The commission or USDA, APHIS, VS personnel shall make
an on-site inspection of the premises prior to granting approval of the quarantined
pasture to identify persons who own or control land having fence-line contact
with the proposed quarantined pasture. Persons identified as owning or controlling
land with fence-line contact shall be notified by the commission through certified
mail of the pending application, and shall have the right to protest its approval
under Chapter 32 of this title (relating to Hearing and Appeal Procedures).
(A)
Following notification of an application for a quarantined
pasture for heifers, a person or persons owning or having control of land
in fence-line contact with the proposed pasture may within 15 days of receipt
of notification protest the application and request a meeting with the executive
director of the commission in writing, stating the grounds for his protest,
which grounds may include, but are not limited to, the following:
(i)
probability of disease transmission; or
(ii)
condition of fences.
(B)
After expiration of the period within which the persons
owning or having control of land in fence-line contact with the proposed pasture
may submit their protests, the executive director shall inform the protester(s)
and the applicant of a meeting date, which meeting shall take place in Austin.
The applicant shall furthermore be informed of the grounds stated in the protest(s).
(C)
At the meeting, the protester(s) and the applicant shall
have the right to adduce any evidence in support of their stated position.
(D)
Within 14 days following the meeting, the executive director
shall render his decision in writing and inform the protester(s) and the applicant
of his decision by certified mail.
(E)
Upon receipt of an adverse decision or order, the protester(s)
or the applicant may within 15 days of such receipt file a written notice
of appeal with the chairman of the commission stating the grounds for such
appeal. The subsequent administrative hearing on the appeal shall be held
before the commission in Austin, which hearing it may delegate to a hearing
examiner. Such hearing shall be conducted in conformity with the Administrative
Procedure and Texas Register Act and Chapter 32 of this title (relating to
Hearing and Appeal Procedures).
(2)
The approval to operate a quarantined pasture shall automatically
expire eight months from the date of approval.
(3)
The operator may only admit "S" branded Texas heifers,
whether spayed or not. He may not accept bulls and bull calves.
(A)
The operator may only admit "S" branded heifers who have
their central pair of deciduous (temporary) incisor teeth and weigh less than
500 pounds at the time of admission.
(B)
The operator may not admit "S" branded heifers that show
visible evidence of pregnancy.
(4)
The operator shall obtain an "S" brand permit for all heifers
prior to their leaving the quarantined pasture and shall be responsible for
their moving either:
(A)
to a market to be sold for movement directly to slaughter
or to a quarantined feedlot or designated pen; or
(B)
directly to slaughter; or
(C)
directly to a quarantined feedlot or designated pen.
(5)
Prior to expiration of the quarantined pasture application
for "S" branded heifers, the operator may reapply for renewal of the quarantined
pasture designation for the same premises. An on-site inspection of the premise
shall be made by commission or USDA, APHIS, VS personnel prior to granting
approval for renewal of the quarantined pasture pursuant to requirements of
paragraphs (1) and (3) of this subsection.
(6)
An applicant denied approval may reapply any time upon
a substantial change in circumstances.
(q)
Market cattle identification. All cattle 18 months of age
and older except steers and spayed heifers which are being moved from markets
to slaughtering establishments shall be identified by a USDA approved backtag
placed just below the midline and just behind the shoulder of the animal.
The check-in document will identify each backtagged animal to the consignor.
(r)
Requirements for Designated Pens. Cattle exposed to brucellosis
may be moved into designated pens in feedlots provided they meet the following
requirements.
(1)
The designated pens shall be maintained for finish feeding
of cattle in dry lot with no provisions for pasturing or grazing.
(2)
Double cattle-proof fences shall separate the designated
pens from the remainder of the feedlot with at least 12 feet of space between
the fences where cattle are not maintained. An alley may satisfy this separation
requirement as long as neither food nor water is available and cattle are
not maintained in the alley.
(3)
All parturient and post parturient cattle must be officially
tested negative for brucellosis within 30 days prior to entry into designated
pens, classified as exposed to brucellosis and handled as specified in this
section.
(4)
Cattle going to designated pens will be unloaded and moved
directly into those pens, and not held in common receiving areas used for
cattle not destined for designated pens.
(5)
All cattle must be permanently identified with a hot iron
"S" brand either on the left jaw or high on the tailhead upon entering the
designated pens.
(6)
Cattle fed in designated pens may be processed or treated
in common processing, sick, or hospital areas if the common area is cleaned
and disinfected with an approved disinfectant after each use for these cattle
and prior to use by cattle not from designated pens. If separate facilities
are used for cattle from designated pens, cleaning and disinfecting are not
necessary.
(7)
All cattle leaving such designated pens must go directly
to slaughter accompanied by a VS 1-27 permit.
(8)
Detailed records of all cattle entering and leaving the
designated pens, including dates and numbers of cattle, must be maintained
by the feedlot for inspection by Commission representatives.
(9)
If designated pen status is eliminated or deactivated,
either on the feedlot's request or on determination by the Commission, the
designated pen status will be removed after the need for cleaning and disinfecting
of the designated pens is evaluated.
(s)
Entering premises. Representatives engaged in the Brucellosis
Control Program are authorized to enter into any property for the exercise
of any authority or the performance of any duties authorized in this regulation
and shall practice such sanitary procedures so as to minimize the risk of
physically transmitting the disease to other premises. Owners and caretakers
owning or having charge of cattle shall gather their cattle and furnish necessary
labor in drawing blood or milk samples, vaccinating and identifying animals.
(t)
Requirements for cleaning and disinfecting.
(1)
Dairy. When reactors are disclosed in cattle which use
the same facilities daily, those facilities will be cleaned and disinfected
under the supervision of Approved Personnel upon removal of infected animals.
(2)
Beef. As determined by Approved Personnel under individual
herd plan following removal of reactor animals.
(u)
Requirements on dealer recordkeeping. Any dealer must maintain
records of cattle that are parturient or postparturient or 18 months of age
or older. 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, breed, brand, and individual identification such as eartag,
bangle tag, backtag, tattoo or firebrand. 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.
(v)
Brucellosis advisory committees. There may be one or more
committees of cattle owners in the state, appointed by the chairman of the
commission, to serve at the pleasure of the Commission, for the purposes of
advising the commission on matters pertaining to the brucellosis program.
§35.3.Requirements for Certified Brucellosis Free Herd of Cattle.
(a)
Complete and sign herd plan agreement with the Texas Animal
Health Commission and the United States Department of Agriculture, Animal
and Plant Health Inspection Service and Veterinary Services.
(b)
Testing will be on a herd basis including all offspring
that are of an age to be tested. Certified free herd status is for a 12-month
period.
(c)
Cattle required to be tested. All cattle, except steers
and spayed heifers, are subject to test requirements at 18 months of age.
(d)
Qualifying methods. A herd may qualify by one or more of
the following methods:
(1)
Initial certification.
(A)
Brucellosis Milk Surveillance Test (BMST). A minimum of
four consecutive, negative brucellosis milk surveillance tests conducted at
not less than 90-day intervals, followed by a negative herd blood test conducted
within 90 days after the last negative brucellosis milk surveillance test.
(B)
Complete herd blood test. Two consecutive, negative blood
tests of all cattle required to be tested not less than 10 months, nor more
than 14 months apart.
(2)
Recertification. For continuous certification, a herd must
have a negative herd blood test of all cattle required to be tested conducted
within 60 days before the certification anniversary date. If the certification
test is conducted within 60 days after the anniversary date, the certification
period will be 12 months from the anniversary and not 12 months from the date
of the recertifying test. During the interval between the anniversary date
and the recertifying test, certification will be suspended. If a herd blood
test for recertification is not conducted within 60 days after the anniversary
date, the certification requirements are the same as for initial certification.
BMST
[
(3)
Purchase of a certified free herd.
(A)
A negative herd blood test is not required when the cattle
remain on the premises. A new certificate will be issued in the owner's name.
The anniversary date and the herd number will remain the same.
(B)
All or part of a certified free herd purchased and moved
directly to premises without other cattle may qualify without a test. A new
certification number will be issued. The anniversary date of the new herd
is established by the test date of the herd of origin or by a new herd test
of the purchased cattle.
(e)
Qualifying Standards.
(1)
Herd infection rates. The individual herd must disclose
no evidence of infection at the time of initial certification or recertification.
(A negative blood test and a complete epidemiological investigation may be
used to resolve a suspicious BMST in qualifying a dairy herd.)
(2)
Animal infection rates. The individual animals must disclose
no evidence of infection at the time of initial herd certification or recertification.
(3)
Suspects. When suspects are disclosed, an individual herd
plan shall be developed for the future testing of the suspect(s) and the handling
of the herd.
(4)
Herd status, if reactors are classified. When one or more
reactors are disclosed in a certified herd or in a herd under test for initial
certification, it shall be considered affected and the quarantine and retest
provisions shall apply. If a retest of a certified herd or of animals from
such a herd reveals only one reactor, the certification status will be suspended
until all provisions for release of quarantine have been met. If more than
one reactor is disclosed, the herd certification is terminated until all provisions
for release of quarantine have been met, and when additional provisions for
initial certified brucellosis-free herd status required under subsection (d)(1)
of this section have been met. Herd retests for quarantine release, and to
fulfill the provisions required under subsection (d)(1) of this section may
be conducted concurrently.
(5)
Movement of cattle into a certified brucellosis-free herd.
(A)
From certified brucellosis-free herds or class free states
or areas. No test requirements on breeding or dairy cattle originating from
certified brucellosis-free herds or class free states or areas. Cattle added
to a certified brucellosis-free herd under this provision shall not receive
new herd status for sale purposes until they have passed a 60-120 day post-entry
retest.
(B)
From Class "A" or "B" states or areas. Cattle required
to be tested from herds not under quarantine must meet all interstate and
intrastate movement requirements and must be retested negative between 60
and 120 days after being moved. Cattle added to a certified brucellosis-free
herd under this provision shall not receive new herd status for sale purposes
until they have passed a 60-120 day post-entry retest and have been included
in an anniversary herd test.
(f)
Proof of qualifying as a certified brucellosis herd.
(1)
Initially a certificate will be issued.
(2)
Recertification will be done by renewal certificate showing
only the certified free herd number, number of animals, and owner.
§35.4.Entry, Movement, and Change of Ownership.
(a)
Requirements for cattle from foreign countries without
comparable brucellosis status that enter and remain in Texas. (Note: Cattle
from foreign countries with comparable brucellosis status would enter by meeting
the requirements for a state with similar status.)
(1)
Permit requirement. Sexually intact cattle must obtain
an "E" permit from the Texas Animal Health Commission prior to moving to a
destination in Texas other than direct to slaughter, quarantined feedlot or
designated pens. The permit number must be entered on the Importation Certificate
(VS Form 17-30) and a copy of that certificate forwarded to the Commission's
office in Austin immediately following issuance.
(2)
Branding requirements.
(A)
Sexually intact cattle destined for a quarantined feedlot
or designated pen must be "S"-branded prior to or upon arrival at the quarantined
feedlot or designated pen.
(B)
Spayed heifers shall be
identified by branding
[
(3)
Vaccination requirement. Non vaccinated sexually intact
female cattle between four and 12 months of age entering for purposes other
than immediate slaughter or feeding for slaughter in a quarantined feedlot
or designated pen shall be placed under quarantine on arrival and officially
brucellosis vaccinated as outlined in §35.2(m) of this title (relating
to General Requirements). The quarantine may be released after meeting test
requirements.
(4)
Testing requirements for bulls entering for purposes other
than immediate slaughter or feeding in a quarantined feedlot or designated
pen. Bulls entering for purposes other than immediate slaughter or feeding
in a quarantined feedlot or designated pen shall be tested at the port of
entry into Texas under the supervision of the port veterinarian, and placed
under quarantine and retested 120 to 180 days after arrival. The quarantine
will be released following a negative brucellosis test.
(5)
Testing requirements for females entering for purposes
other than immediate slaughter or feeding in a quarantined feedlot or designated
pen. All sexually intact female cattle entering for purposes other than immediate
slaughter or feeding for slaughter in a quarantined feedlot or designated
pen shall be tested at the port of entry into Texas under the supervision
of the port veterinarian, and placed under quarantine on arrival and retested
for brucellosis in no less than 120 days nor more than 180 days after arrival
for release of the quarantine;
however. if the sexually intact female
cattle have not had their first calf prior to the 120 to 180 day post entry
test, the quarantine will not be released until a second negative test for
brucellosis is conducted no sooner than 30 days after the animal has had its
first calf and the second negative test has been confirmed.
[
(6)
Testing requirements for sexually intact cattle moving
directly to a quarantined feedlot or designated pen. All sexually intact cattle
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. These cattle must be "S"-branded prior to or upon arrival
at the quarantined feedlot or designated pen, and may move to the quarantined
feedlot or designated pen only in sealed trucks with a VS 1-27 permit issued
by a representative of TAHC or USDA personnel.
(7)
Responsibility for costs. All costs of calfhood vaccination,
[
(b)
Requirements for cattle entering Texas from other states.
(1)
Vaccination. All female cattle between four and 12 months
of age shall be officially vaccinated prior to entry. Exceptions to these
vaccination requirements:
(A)
Female cattle entering for purposes of shows, fairs and
exhibitions
and returning to their original location.
(B)
Female cattle moving within commuter herds.
(C)
Spayed heifers.
(D)
Nonvaccinated female cattle between four and 12 months
of age consigned from an out-of-state farm of origin will be accompanied by
a waybill to a Texas market, feedlot for feeding for slaughter or direct to
slaughter. These cattle may be vaccinated at the market at no expense to the
state prior to leaving the market and be moved freely. If these cattle are
not vaccinated at the market then they shall be consigned from the market
only to a feedlot for feeding for slaughter or direct to slaughter, accompanied
by an "S" permit. Cattle from other than Class Free states entering for feeding
for slaughter shall also be "F"-branded high on tail-head prior to or upon
entering the feedlot.
(E)
Non vaccinated female cattle between four and 12 months
of age consigned from an out-of-state livestock market to a Texas livestock
market, feedlot for feeding for slaughter or direct to slaughter will be accompanied
by an "S" permit or certificate of veterinary inspection. Individual identification
is not required. These cattle may be vaccinated at no expense to the state
prior to leaving the market and be moved freely. If these cattle are not vaccinated
at the market then they shall be consigned from the market only to a feedlot
for feeding for slaughter or direct to slaughter, accompanied by an "S" permit.
Cattle from other than Class Free states entering for feeding for slaughter
shall also be "F"-branded high on tail-head prior to or upon entering the
feedlot.
(F)
Non vaccinated female cattle between four and 12 months
of age moving may enter on a calfhood vaccination permit and must be vaccinated
at no expense to the state within 14 days after arriving at the premise of
destination.
(2)
Testing. All non-quarantined cattle
that are parturient
or post parturient or
that are 18 months of age and over(as evidenced
by the loss of the first pair of temporary incisor teeth), except steers and
spayed heifers entering Texas:
(A)
shall be moved directly from:
(i)
a class free state or area;
or
(ii)
a certified free herd; or
(iii)
a commuter herd as defined in these sections;
or
(B)
Cattle not from class free states or areas, certified
brucellosis free herds, or commuter herds
shall be "S" branded and moved
directly to a quarantined feedlot, to designated pens, or to slaughter, accompanied
with an "S" permit, or moved directly from a farm of origin to a USDA specifically
approved livestock market to be "S"-branded and moved directly to a quarantined
feedlot, to designated pens, or to slaughter accompanied with an "S" permit;
or
(C)
rodeo bulls participating in a recognized and organized
performance group may be moved without meeting other testing requirements
provided:
(i)
the bulls have been subjected to an official negative test
for brucellosis within the previous 12 months; and
(ii)
each bull is individually identified;
and
(iii)
there is no change of ownership; and
(iv)
they are accompanied with an "E" permit;
or
(D)
shall be tested negative one or more times as described
in this subparagraph:
(i)
cattle from a Class "A" state or area shall:
(I)
be tested negative within 30 days prior to entry; or
(II)
be moved directly from a farm of origin to a USDA specifically
approved livestock market for a negative test prior to sale;
(ii)
cattle from a class "B" state or area shall:
(I)
be tested negative within 30 days prior to entry, accompanied
with an "E" permit, and held under quarantine for a negative retest 45-120
days at a farm, ranch, or feedlot; or
(II)
be moved directly from a farm of origin to a USDA specifically
approved livestock market for a negative test and held under quarantine for
a negative retest 45-120 days after sale to a farm, ranch, or feedlot.
(c)
Change of ownership within Texas.
(1)
Vaccination. It is recommended that all female cattle between
four and 12 months of age being purchased or sold for use in grazing, breeding,
or dairying operations be officially vaccinated.
(2)
Testing. All cattle
that are parturient or post parturient
or
18 months of age and older except steers and spayed heifers changing
ownership within Texas shall:
(A)
originate from a certified free herd; or
(B)
be tested negative by the seller within 30 days prior to
sale; or
(C)
consigned to a livestock market and tested negative prior
to sale; or
(D)
consigned to a slaughter establishment for testing or blood
collection.
(d)
Movement to Mexico. All cattle 18 months of age and older
except steers and spayed heifers must be tested negative within 30 days prior
to export to Mexico for slaughter. Steers, spayed heifers, and feedlot finished
bulls and heifers are not required to be tested prior to export. Test results
must be recorded on the Certificate of Veterinary Inspection.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on August 7, 2000.
TRD-200005461
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: September 17, 2000
For further information, please call: (512) 719-0714
4 TAC §35.42
The amendment is proposed under the Texas Agriculture Code,
Chapter 161, §161.041, entitled "Disease Control", and provide that "the
commission shall protect all livestock, domestic animals, and domestic fowl
from infectious abortion." The commission may adopt any rules necessary to
carry out the purposes of this subsection, including rules concerning testing,
movement, inspection, and treatment. Section 161.046 authorizes the Commission
to promulgate rules in accordance with the Texas Agriculture Code. Section
161.058, entitled "Compensation of Livestock Owner", provides that the commission
may pay an indemnity to the owner of livestock exposed to or infected with
a disease if the commission considers it necessary to eradicate the disease.
The commission may adopt rules for the implementation of this section.
Also, Chapter 163 of the Agriculture Code provides in §163.064 that
the commission may provide rules prescribing criteria for the classification
of cattle for the purpose of brucellosis testing. Section 163.087, entitled
"Improper Sale Or Use Of Vaccine Or Antigen," provides that "a person commits
an offense if the person sells or administers a brucellosis antigen or vaccine
in violation of §163.064 of this code." Also, §163.085, entitled
"Failure To Properly Handle Infected Animal," provides that "(a) person commits
an offense if the person knowingly refuses to handle in accordance with the
rules of the commission an animal that the commission has classified as infected
with brucellosis."
No other statutes, articles, or codes are affected by the amendment.
§35.42.Classification of Swine by Blood and Semen Tests.
(a)
Tests on blood serum.
(1)
Standard card test (SCT). Card test results are used to
classify swine as positive or negative. All swine positive to the SCT should
be subjected to confirmatory testing.
(2)
Confirmatory test procedures. The Particle Concentration
Fluorescence Immunoassay (PCFIA) will serve as the confirmatory test.
Figure: 4 TAC §35.42(a)(2) (No change.)
(3)
Rivanol test. The results of the Rivanol test are to be
evaluated by the designated brucellosis epidemiologist.
Figure: 4 TAC §35.42(a)(3) (No change.)
(b)
Semen plasma test. This test is approved for use as a supplemental
test of boars used for artificial insemination but must be employed with other
serological tests. Final classification will be based on the most reactive
test procedure.
(c)
Animals testing positive on any blood test performed will
be considered as brucellosis exposed swine and an initial test of the herd
of origin will be conducted within a specified time set by a state-federal
veterinarian upon consultation with the herd owner unless waived by the designated
brucellosis epidemiologist.
(d)
When deemed necessary to the establishment of a final
herd diagnosis by the epidemiologist, the purchase of an individual animal
with equivocal serological testing results is authorized in order to secure
the tissues needed to arrive at a definitive herd diagnosis. The rate of indemnity
shall not exceed the fair market value for an individual animal. The indemnity
is subject to the availability of funds. The Commission will pay the owner
the unreimbursed amount determined by deducting the salvage value and any
applicable federal indemnity from the appraised value not to exceed $100.00
for each animal classified under this subsection.
(e)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on August 7, 2000.
TRD-200005462
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: September 17, 2000
For further information, please call: (512) 719-0714
4 TAC §§35.60 - 35.62
The amendments and new rule are proposed under the Texas Agriculture
Code, Chapter 161, §161.041, entitled "Disease Control", and provide
that "the commission shall protect all livestock, domestic animals, and domestic
fowl from infectious abortion." The commission may adopt any rules necessary
to carry out the purposes of this subsection, including rules concerning testing,
movement, inspection, and treatment. Section 161.046 authorizes the Commission
to promulgate rules in accordance with the Texas Agriculture Code. Section
161.058, entitled "Compensation of Livestock Owner", provides that the commission
may pay an indemnity to the owner of livestock exposed to or infected with
a disease if the commission considers it necessary to eradicate the disease.
The commission may adopt rules for the implementation of this section.
Also, Chapter 163 of the Agriculture Code provides in §163.064 that
the commission may provide rules prescribing criteria for the classification
of cattle for the purpose of brucellosis testing. Section 163.087, entitled
"Improper Sale Or Use Of Vaccine Or Antigen," provides that "a person commits
an offense if the person sells or administers a brucellosis antigen or vaccine
in violation of §163.064 of this code." Also, §163.085, entitled
"Failure To Properly Handle Infected Animal," provides that "(a) person commits
an offense if the person knowingly refuses to handle in accordance with the
rules of the commission an animal that the commission has classified as infected
with brucellosis."
No other statutes, articles, or codes are affected by the amendments and
new rule.
§35.60.Definitions.
The following words and terms, when used in this section, shall have
the following meanings, unless the context clearly indicates otherwise:
(1)
Adjacent herd--A herd of livestock
that occupies a premise that lies within one mile of an affected herd.
(2)
Affected herd--A herd in which
any animal(s) has been classified as a reactor or suspect and the requirements
of the individual herd plan have not been met.
(3)
Approved laboratory--A State
or Federal veterinary diagnostic laboratory for brucellosis testing that must
be approved by USDA, APHIS, VS and State animal health authorities.
(4)
Approved personnel--Texas Animal
Health Commission inspectors and veterinarians; Federal Animal Health technicians
and veterinarians; accredited Texas veterinarians; and others who have been
approved to do those assigned duties as described in these regulations for
brucellosis control and eradication.
[
BRT--A test of milk from either
a single animal or several animals to determine presence of the brucella organism.]
(5)
Brucellosis--For purposes of
this regulation, brucellosis is a contagious, infectious disease of cattle,
sheep, goats, horses, and swine caused by
Brucella
melitensis.
(6)
[
(7)
Commission--Texas Animal Health
Commission.
(8)
Epidemiologist--A veterinarian
who has received a degree in epidemiology and is employed by the commission
or USDA, APHIS, VS.
(9)
Executive director--The chief
executive director of the Texas Animal Health Commission appointed by the
commissioners and authorized to act for the commissioners in the absence of
the chairman.
(10)
Exposed livestock--Animals
that are part of an affected herd or animals that have been in contact with
an affected animal. These animals shall be classified as exposed regardless
of any blood test results.
(11)
[
(12)
[
(13)
High risk herd--A herd that
is epidemiologically judged by a state-federal veterinarian to have a high
probability of having or developing brucellosis. A high risk need not be located
on the same premise as an infected or adjacent herd.
(14)
Hold order--A document restricting
movement of a herd, unit, or individual animal pending the determination of
disease status.
(15)
[
[
Negative herd blood test--A
test where all the male and female dairy goats over six months of age located
on the premise were tested and found negative to the blood test.]
[
Negative milk ring tests--These
are tests where the results have failed to indicate the presence of brucella
in the milk.]
(16)
Official identification--A
Veterinary Services or TAHC approved identification eartag, registration tattoo,
or other approved device that uniquely identifies each individual animal.
The official identification may not be removed from the animal.
(17)
Premise--An area defined by
the outermost boundary of land under common ownership or control enclosed
by a perimeter fence of other boundary. A premise may consist of more than
one pasture.
[
Provisions for release of
quarantine--Same as the provisions for the release of quarantine for bovine
brucellosis (see §35.2(l)(7) of this title (relating to General Requirements)).]
[
Quarantine and retest provisions--Provides
for the issuance of a quarantine when infection is disclosed and for timeframes
for herd tests to rid the herd of infection. These provisions are the same
as the ones found in the bovine brucellosis regulation.]
(18)
[
(19)
Regulatory Veterinarian--A
veterinarian employed by TAHC or USDA, APHIS, VS.
(20)
Sheep--Domestic ovine (genus
ovis) kept for the purpose of producing milk, meat, or fiber.
(21)
[
General Requirements
[
Testing of blood.
(1)
All tests shall be made by approved personnel
only as the basis for compliance with these regulations.
(2)
All tests must be confirmed by an approved laboratory
as the basis for compliance with these regulations.
(3)
Samples for all retest purposes will be collected
by commission or APHIS personnel and submitted to an approved laboratory for
confirmation testing.
(b)
Classification or goats. (Note:
this paragraph also pertains to sheep). Test results shall be interpreted
by State or Federal regulatory veterinarians. The following are approved tests:
(1)
Card test. The card (buffered Brucella antigen,
or BBA test) may be used to test goats. The 3% (antigen concentration) BBA
test is used as a presumptive or screening test. The 8% (antigen concentration)
BBA test may be used as a definitive test. Results of the card test may be
used with other test results conducted in the approved laboratory to aid in
the classification of animals.
(2)
Manual complement fixation (CF) test.
(A)
Interpretation of the manual CF test results.
Figure: 4 TAC §35.61(b)(2)(A)
(B)
Interpretation of test result codes. The following
codes are utilized by the laboratory to represent the corresponding test results:
Figure: 4 TAC §35.61(b)(2)(B)
(3)
Standard tube agglutination test (STT) or standard
plate agglutination test (SPT). Interpretation of STT and SPT tests.
Figure: 4 TAC §35.61(b)(3)
(4)
Particle concentration fluorescence immunoassay
(PCFIA) test. May be used to determine the brucellosis disease status of livestock
when conducted by methods approved by USDA, APHIS, VS. Interpretation of PCFIA
test results.
Figure: 4 TAC §35.61(b)(4)
(5)
New tests under research. Laboratory tests approved
by the executive director are authorized to be used in conjunction with tests
listed in this subsection for evaluation of their future usefulness in the
program.
(c)
Reclassification of reactors.
Animals initially classified as reactors may be reclassified provided a complete
epidemiological investigation of the herd is conducted and there is no evidence
of field strain
Brucella melitensis
infection
exposure thereto.
(d)
Requirements of a herd test.
(1)
Test eligibility-All goats that are one year
of age or older as evidenced by the eruption of their first permanent incisor
teeth shall be included in the herd test. Testing requirements for species
other than goats will be specified by the epidemiologist.
(2)
Identification requirements. All animals tested
shall be identified with an official identification.
(e)
Procedures in affected herds.
(1)
Herds which contain animals classified as suspects
shall be placed under hold order. The suspect or herd shall be retested as
necessary to establish a final diagnosis.
(2)
Herds which infection has been diagnosed by
a State/Federal regulatory veterinarian based on culture, serology, or epidemiological
evidence, with concurrence by the epidemiologist, will be placed under quarantine.
An individual herd plan outlining procedures to eliminate the disease will
be developed by the regulatory veterinarian in consultation with the epidemiologist
and the herd owner or caretaker and his veterinarian (if requested by the
owner). If a plan cannot be agreed upon, then the plan developed by the commission
shall be final and the owner caretaker will be provided a copy. The plan shall
include provisions for depopulation of exposed livestock as specified in (f)
of this section. The quarantine may be released 30 days after completion of
depopulation and any required cleaning/disinfecting. The premise shall not
be restocked prior to quarantine release.
(3)
An epidemiological investigation will be performed
following the diagnosis of infection. All exposed livestock, adjacent and
high risk herds shall be placed under hold order and tested one or more times
as deemed necessary by the epidemiologist. Testing requirements for species
other than goats will be specified by the epidemiologist.
(f)
Depopulation with indemnity.
(1)
All exposed livestock shall be humanely destroyed
and disposed of on the premise where disclosed or at a facility approved by
the Executive Director.
(2)
When it has been determined that an animal has
brucellosis or was exposed the Commission may pay indemnity. This is subject
to the availability of funds and this is determined by the unreimbursed amount
determined by deducting the federal compensation from the appraised value
not to exceed $100.00 for each animal classified under this subsection for
no more than one hundred (100) animals.
[
A herd plan agreement must
be completed and signed with the Texas Animal Health Commission.]
[
Brucellosis testing will be
on a herd basis including all offspring that are of an age to be tested. Certified
free herd status is for a 12-month period.]
[
All male and female dairy
goats that are part of the herd and are six months of age or older are required
to be tested.]
[
Qualifying methods:]
[
initial certification:]
[
milk ring test (BRT). A minimum of four consecutive,
negative milk ring tests conducted at not less than 90-day intervals, followed
by a negative herd blood test conducted within 90 days after the last negative
milk ring test;]
[
complete herd blood test. Two consecutive,
negative blood tests of all goats required to be tested not less than 10 months,
nor more than 14 months apart;]
[
recertification. A negative herd blood test
of all dairy goats required to be tested, conducted within 60 days of the
anniversary date, is required for continuous certification. If the certification
test is conducted within 60 days of the anniversary date, the certification
period will be 12 months from the anniversary and not 12 months from the date
of the recertifying test. If a herd blood test for recertification is not
conducted within 60 days following the anniversary date, then certification
requirements are the same as for initial certification;]
[
purchase of a certified free herd:]
[
negative herd blood test is not required when
the dairy goats remain on the premises. A new certificate will be issued in
the owner's name. The anniversary date and the herd number will remain the
same;]
[
all or part of a certified free herd purchased
and moved directly to premises without other goats may qualify without a test.
A new certification number will be issued. The anniversary date of the new
herd is established by the test date of the herd of origin or by a new herd
test of the purchased goats.]
[
Qualifying standards:]
[
herd infection rates. The individual herd must
disclose no evidence of infection at the time of initial certification or
recertification;]
[
animal infection rates. The individual animals
must disclose no evidence of infection at the time of initial herd certification
or recertification;]
[
suspects. When suspects are disclosed, an individual
herd plan shall be developed for the future testing of the suspect(s) and
the handling of the herd;]
[
herd status, if reactors are classified. When
one or more reactors are disclosed in a certified herd or in a herd under
test for initial certification, it shall be considered affected and the quarantine
and retest provisions shall apply. If a retest of a certified herd, or of
animals from such a herd reveals only one reactor, the certification status
will be suspended until all provisions for release of quarantine have been
met. If more than one reactor is disclosed, the herd certification is terminated
until all provisions for release of quarantine have been met, and when additional
provisions for initial certified brucellosis free herd status required under
subsection (d)(1) of this section, concerning initial certification, have
been met. Herd retests for quarantine release, and to fulfill the provisions
required under subsection (d)(1) of this section, concerning initial certification,
may be conducted concurrently;]
[
movement of goats into a certified brucellosis
free herd from certified brucellosis free herds. No test requirements on dairy
goats originating from certified brucellosis-free herds. Goats added to a
certified brucellosis free herd under this provision shall not receive new
herd status for sale purposes until they have passed a 60-120 day postentry
retest.]
[
Proof of qualifying as a certified
brucellosis free herd:]
[
initially a certificate will be issued;]
[
recertification will be done by renewal certificate
showing only the certified free herd number, number of animals, and owner.]
[
Requirements following classification
of a dairy goat as a reactor or suspect. Goat herds with animals classified
as reactors or suspects will be quarantined and tested on the same schedule
as cattle (see §35.2(l) of this title (relating to General Requirements)).]
§35.62.Requirements for Certified Brucellosis Free Herd of Goats.
(a)
A certified brucellosis free goat agreement must be completed
and signed with the Texas Animal Health Commission.
(b)
Brucellosis testing will be on a herd basis. Certified
free herd status is for a 12-month period.
(c)
Goats required to be tested--all sexually intact goats
are required to be tested at one year of age or older as evidenced by the
eruption of their first pair of permanent incisor teeth.
(d)
Qualifying methods:
(1)
Initial certification. Two consecutive, negative blood
tests of all goats required to be tested not less than 10 months, nor more
than 14 months apart;
(2)
Recertification. For continuous certification, a herd must
have a negative herd test of all goats required to be tested conducted within
60 days before the certification anniversary date. If the certification test
is conducted within 60 days after the anniversary date, the certification
period will be 12 months from the anniversary and not 12 months from the date
of the recertifying test. During the interval between the anniversary date
and the recertifying test, certification will be suspended. If a herd test
for recertification is not conducted within 60 days after the anniversary
date, the certification requirements are the same as for initial certification.
(3)
Purchase of a certified free herd:
(A)
A negative herd blood test is not required when the goats
remain on the premises. A new certificate will be issued in the owner's name.
The anniversary date and the herd number will remain the same;
(B)
All or part of a certified free herd purchased and moved
directly to premises without other goats may qualify without a test. A new
certification number will be issued. The anniversary date of the new herd
is established by the test date of the herd of origin or by a new herd test
of the purchased goats.
(e)
Qualifying standards:
(1)
Herd infection rates. The individual herd must disclose
no evidence of infection at the time of initial certification or recertification;
(2)
Animal infection rates. The individual animals must disclose
no evidence of infection at the time of initial herd certification or recertification;
(3)
Requirements following classification of a goat as a reactor
or suspect. Goat herds with animals classified as reactors or suspects will
be placed under hold order or quarantine and follow requirements as outlined
in §35.61 of this title (relating to General Requirements).
(4)
Movement of goats into a certified brucellosis free herd
from certified brucellosis free herds. No test is required on goats originated
from certified brucellosis free herds. Goats added to a certified brucellosis
free herd under this provision shall not receive new herd status for sale
purposes until they have passed a 60-120 day post entry test.
(f)
Proof of qualifying as a certified brucellosis free herd:
(1)
Initially a certificate will be issued.
(2)
Recertification will be done by renewal certificate showing
only the certified free herd number, number of animals, and owner.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on August 7, 2000.
TRD-200005463
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: September 17, 2000
For further information, please call: (512) 719-0714
The Texas Animal Health Commission (commission) proposes amendments
to Chapter 43, Subchapters A & B, concerning the Eradication of Tuberculosis.
This proposal amends Subchapter A, §43.2, which provides interstate movement
requirements for cattle, and also proposes to amend Subchapter B, §43.12,
which is requirements for entry into Texas for goats.
The rules are amended to address the tuberculosis conditions that have
been verified in the state of Michigan. The Commission recently adopted specific
entry requirements for animals coming from all of Michigan in response to
the status of the quarantine affecting the whole state. Earlier, the commission
had specific entry requirements for cattle and goats coming from a specific
quarantine area in Michigan, as designated in the rules. However, as tuberculosis
was recently discovered in animals outside of the quarantine zone, the commission
recently adopted changes to the rule by requiring a special entry requirement
for cattle and goats coming from all other areas in Michigan. This requirement
is proposed to be added to reduce the risk of allowing a potentially infected
animal to move from Michigan into Texas.
Most recently Michigan has found that tuberculosis is having a persistent
impact on Michigan livestock giving the state of Texas heightened concern
over animals coming to Texas from Michigan. The Commission is proposing new
changes to entry requirements in order to protect cattle and goats as well
as to establish new standards for deer from Michigan. These rules propose
to affect all cattle, bison, goats and cervidae from Michigan and require
that an animal originate from a herd that has been tested, as well as, to
require an individual test within sixty days of entry into Texas. Furthermore,
the rule is being amended to denote that the quarantine zone will also include
any other counties or parts of counties added at a later date.
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. 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
costs to the agency to administer the program.
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 rule is 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
eight
] months of age in infected herds.
The terms and conditions of a herd plan may be amended in writing by the Commission
upon good cause.
BRT
] procedures are not used for recertifying herds.
spade branded
] prior to entry as specified in §35.1 of this
title (relating to Definitions).
The
releasing negative test shall not be sooner than 30 days after the animal
has had its first calf.
]
testing, and retesting
] shall be borne by the owner.
Subchapter B. ERADICATION OF BRUCELLOSIS IN SWINE
(d)
] Reclassification. Animals
may be reclassified by the designated epidemiologist when consideration and
evaluation of relevant bacteriologic, serologic, or epidemiological evidence
justifies the reclassification.
Subchapter C. ERADICATION OF BRUCELLOSIS IN GOATS
(1)
(2)
] Certified free herd--
A Herd
[
herd
] that is operating under a signed agreement
with the commission and has met the requirements of
§35.62
[
35.61
] (d) of this title (relating to Requirements for Certified
Brucellosis Free Herd of [
Dairy
] Goats).
(3) Dairy
] Goats--Domestic caprine
(genus Capra) kept for the purpose of producing
meat,
milk
or fiber
[
for human consumption
].
(4)
] Herd--
All animals maintained
on a single premise which are commingled; and all animals under common ownership
or supervision on two or more premises with animal interchange between the
premises.
[
A group of dairy goats maintained on common ground,
or two or more groups of dairy goats under common ownership or supervision
geographically separated but which have an interchange or movement without
regard to health status. (A group is construed to mean one or more animals.)
]
(5)
] Individual herd plan--A [
herd
] disease management and testing plan to prevent, control, and eliminate
brucellosis in a herd [
of dairy goats
].
(6)
(7)
(8)
(9)
(10)
] Reactor--
Animals
[
Dairy goats
] classified as being infected with brucellosis as
a result of serological testing or microbiological culturing of blood, tissue,
secretions, or excretions from the animal.
(11)
] Suspect--
Animals
[
Dairy goats
] classified as suspicious of being infected with brucellosis
as a result of serological
tests
[
testing of blood, secretions,
or excretions from the animal
].
Requirements for Certified Brucellosis Free Herd of Dairy Goats
].
(a)
(a)
(b)
(c)
(d)
(1)
(A)
(B)
(2)
(3)
(A)
(B)
(e)
(1)
(2)
(3)
(4)
(5)
(f)
(1)
(2)
(g)
Chapter 43.
TUBERCULOSIS