Part 1.
TEXAS DEPARTMENT OF AGRICULTURE
Chapter 20.
COTTON PEST CONTROL
The Texas Department of Agriculture (the department) adopts amendments
to §20.1, §20.22, and new §20.23, all concerning cotton pest
control, and the repeal §20.4, concerning an expiration provision for
Chapter 20, without changes to the proposal published in the June 23, 2000,
issue of the
Texas Register
(25 TexReg 6013).
The amendments to §20.1 and new §20.23 are adopted to assist
no-till cotton farmers in complying with the stalk destruction requirements
under the Texas Agriculture Code (the Code) Chapter 74; Subchapter A. The
amendments will provide an opportunity for cotton producers to practice no-till
farming on a voluntary basis while complying with the department's stalk
destruction requirements. The advantages of no-till farming include improved
soil and water conservation. The current regulations do not allow for the
use of a no-till farming approach toward meeting the cotton stalk destruction
requirements. Section 20.1 defines terms used in Chapter 20, and is amended
to include definitions of the terms "no-till fields" as new §20.1(17)
and "non-hostable cotton" as §20.1(18). Definitions following these
new definitions have been renumbered accordingly. New §20.23 provides
exceptions for no-till cotton in meeting cotton stalk destruction requirements.
Growers will be required to provide advance notification of no-till cotton
fields to the department prior to destruction deadlines and comply with
the department requirements by rendering cotton plants non-hostable to boll
weevils.
Amended §20.22 will provide greater flexibility for the Cotton Producers
Advisory Committee in a zone to request a blanket extension of the cotton
stalk destruction deadlines. Allowing the chairman of a Cotton Producers
Advisory Committee to request an extension to a cotton stalk destruction
deadline will facilitate and improve the process of granting extensions on
a timely basis. The amendment adds new §20.22(c)(2), which authorizes
the department to grant a blanket extension of the cotton stalk destruction
deadline set for a zone or a portion of a zone upon written request of the
producer advisory committee, authorized and signed by a majority of the committee,
or in response to a written request by the chairman of the cotton producer
advisory committee or his designee, or in response to a significant number
of individual written requests for individual extensions as a result of an
extreme weather event.
The department also adopts the repeal of §20.4, concerning an expiration
date for Chapter 20. The repeal of §20.4 is adopted because the establishment
of an expiration date for Chapter 20 is no longer necessary due to the enactment
of legislation establishing a timeframe for review of agency rules. The
repeal of §20.4 eliminates the expiration date of Chapter 20.
No comments were received on the proposal.
Subchapter A. GENERAL PROVISIONS
4 TAC §20.1
The amendments to §20.1 are adopted in accordance with
the Texas Agriculture Code (the Code), §74.006, which provides the department
with the authority to adopt rules as necessary for the effective enforcement
and administration of Chapter 74, Subchapter A; and §74.004 which provides
the department with the authority to establish regulated areas, dates and
appropriate methods of destruction of stalks, other parts, and products of
host plants for cotton pests.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 7, 2000.
TRD-200005436
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: August 27, 2000
Proposal publication date: June 23, 2000
For further information, please call: (512) 463-4075
4 TAC §20.4
The repeal of §20.4 is adopted in accordance with the
Texas Agriculture Code (the Code), §12.016, which provides the department
with the authority to adopt rules as necessary for administration of the
Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 7, 2000.
TRD-200005437
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: August 27, 2000
Proposal publication date: June 23, 2000
For further information, please call: (512) 463-4075
4 TAC §20.22, §20.23
The amendments to §20.22 and new §20.23 are adopted
in accordance with the Texas Agriculture Code (the Code), §74.006,
which provides the department with the authority to adopt rules as necessary
for the effective enforcement and administration of Chapter 74, Subchapter
A; and §74.004 which provides the department with the authority to establish
regulated areas, dates and appropriate methods of destruction of stalks,
other parts, and products of host plants for cotton pests.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 7, 2000.
TRD-200005438
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: August 27, 2000
Proposal publication date: June 23, 2000
For further information, please call: (512) 463-4075
Chapter 43.
TUBERCULOSIS
Subchapter A. CATTLE
4 TAC §43.1
The Texas Animal Health Commission adopts the amendments
to Chapter 43, §43.1, concerning Tuberculosis with changes to the proposed
text as published in the June 2, 2000, issue of the
Texas Register
(25 TexReg 4994). The text will be republished. This
adopts amendments to §43.1 which provides for indemnity paid on cattle
exposed or infected with tuberculosis.
The following changes were made to §43.1(o)(1)(B). It now reads $100
for each negative, exposed animal slaughtered as a result of a whole herd
depopulation.
The commission has the authority to 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 and to dispose of the exposed or diseased livestock.
The adopted amendment will increase the amount of indemnity currently paid
by the commission for dairy cattle exposed or infected with tuberculosis which
more closely approximates the fair market value or appraisal value for a dairy
cow that has tuberculosis or is exposed to tuberculosis. The reason for this
change is to allow the commission to act quickly in response to a disease
outbreak by providing a fair and adequate indemnity. The amendment provides
for eligibility for compensation, amounts of compensation, and limits and
restrictions on compensation. Also, in order to insure that the commission's
share of the indemnity is able to approximate the fair market value, the commission
is proposing $1,000. The current rule provides that the indemnity will not
exceed the federal share of the indemnity. That limitation was reflected in
a specific statutory provision for tuberculosis which was repealed last legislative
session when the commission got the broader indemnity authority found in §161.058
of the Agriculture Code. The commission also added language to the indemnity
provision for herd depopulation agreements, found at subsection (o)(1)(B),
in order to insure that it was for animals that tested negative, but were
exposed to other animals in the herd which were positive. Also, the commission
deleted the current date contained in the rule because it is no longer applicable.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Texas Agriculture Code, Chapter
161, §161.058 which authorizes the commission to adopt rules related
to indemnity for exposed or diseased livestock. Also, §161.041 (a) and
(b), as well as §161.046 authorizes the Commission to promulgate rules
in accordance with the Texas Agriculture Code.
§43.1.Cattle (All Dairy and Beef Animals, genus Bos), and Bison (genus Bison).
(a)
Exposed to or infected with. Whenever the Texas Animal
Health Commission has reason to believe that any livestock has been exposed
to or is infected with tuberculosis, that premises and all livestock thereon
shall be quarantined subject to the tuberculin test.
(b)
Who may administer tuberculin test. Tuberculin tests shall
be conducted by a veterinarian employed by the Texas Animal Health Commission
or the United States Department of Agriculture or by an accredited veterinarian.
All tests are official tests and must be reported to the Texas Animal Health
Commission on VS Form 6-22 and continuation sheet VS Form 6-22B or an official
health certificate. Accredited veterinarians are permitted to use only the
.1cc caudal fold test.
(c)
Restraint. Each animal must be effectively restrained by
use of halter, nose lead, squeeze gate, or chute, or other methods expedient
to the prevailing situation. A good injection is imperative and the animal
must be properly restrained in order to carry out this procedure correctly.
(d)
Identification. All animals tested must be permanently
individually identified by eartag, tattoo, or fire brand. Chain numbers are
not acceptable.
(e)
Equipment. Needles used in applying the tuberculin test
will be limited exclusively to those of 26 gauge and 3/8 inch exposure. Syringe
shall be a tuberculin syringe.
(f)
Site of injection. In routine testing the caudal fold shall
be the site of injection. Cervical tests will be used only by regulatory veterinarians.
(g)
Procedure for injection.
(1)
Caudal fold. Prior to injection, examine the caudal fold
for any abnormalities that may confuse the interpretation of the test. Note
and point them out to the owner. When necessary, clean the site with dry cotton
or cotton moistened with alcohol and, in routine testing, inject .1cc of tuberculin
intradermally into the precleaned site. In making the injection, extreme care
must be taken to assure intradermal inoculation of tuberculin. Substantially
all of the exposed needle should be inserted to prevent leakage of the tuberculin
at the injection site. The syringe and needle must be maintained in a clean
condition. This can be done by using dry cotton to remove all foreign matter
from the needle and syringe. This procedure requires very little time and
will help reduce the possibility of an abscess which might confuse the reading.
(2)
Single cervical. The injection site is the preclipped side
of the neck in the middle third of the distance between the point of the shoulder
and the angle of the jaw, on a line parallel to the spine of the scapula.
Inject .1cc of tuberculin intradermally in the center of the clipped area.
(3)
Comparative cervical. M. avian and m. bovis balanced PPD
tuberculin is injected intradermally into two separate preclipped areas of
the neck. The upper site (avian PPD) is about four inches below the crest
of the neck, the lower site (bovine PPD) is five inches below the upper site.
(h)
Dosage. One-tenth cubic centimeter (.1cc) of tuberculin
is used for routine caudal fold testing and for testing of herds under quarantine
that have not had m. bovis lesion reactors revealed in it. Two-tenths cubic
centimeter (.2cc) of tuberculin is used by regulatory veterinarians in herds
that have had m. bovis lesion reactors revealed in it or on individual animals
from an m. bovis herd. Dosage for comparative cervical testing will be .1cc
of balanced m. bovis and m. avian tuberculins.
(i)
Observation. Careful consideration must be given to the
observation of each animal. It is essential that the site of injection on
the properly restrained animal be carefully examined by palpation or measurement
approximately 72 hours following injection. Visual observation only of animals
can in no way be considered an acceptable procedure.
(j)
Reporting extent of reaction with symbols--caudal fold.
Tissue disturbance may vary from those barely perceptible to a swelling the
size of a fist or larger. The response may be hard and circumscribed or soft
and diffused with no distinct demarcation. The size, shape, or consistency
of the tissue response does not reflect the degree of infection. The interpretation
and classification of tuberculin responses, therefore, must be based on the
professional judgment of the testing veterinarian. The following are guidelines
for classification of cattle tested with the caudal fold test.
(1)
Reactor "R"--Animals showing a circumscribed swelling 5mm.
in diameter (3/16 of an inch) (P
1
) or a diffuse
swelling twice as thick as the normal caudal fold (X
2
) or greater response to tuberculin on routine test should be classified
as reactors unless in the professional judgment of the testing veterinarian
a suspect classification is justified.
(2)
Suspect "S"--Animals showing a response to tuberculin not
classified as reactor with the exception noted below.
(3)
Negative "N"--Animals showing no response to tuberculin
or those animals with responses which have been classified negative for m.
bovis by the comparative cervical tuberculin test.
(4)
Single cervical.
(A)
Reactor "R"--Animals showing any swelling at the injection
site.
(B)
Negative "N"--Animals showing no swelling at the injection
site.
(5)
Comparative cervical test. The skin thickness of each site
of each animal is recorded. The preinjection measurement of each animal is
then subtracted from the post-injection measurement and the difference for
each site is determined. This "skin" thickness difference value is plotted
on the scattergram, VS Form 6-22D. Any animal in the suspect zone on the consecutive
comparative cervical test will be classified Reactor "R." The classification
of each animal will be according to the zone into which the results are graphed.
(A)
Negative "N."
(B)
Suspect "S."
(C)
Reactor "R."
(k)
Reporting of tuberculin tests. A report of all tuberculin
tests, including the individual identification of each animal of eartag number
or tattoo age, sex, and breed, and a record of the size of the responses,
shall be submitted promptly to the Texas Animal Health Commission.
(l)
Requirements. When suspects are classified using the caudal
fold test, the following requirements are to be accomplished.
(1)
Report suspects on test chart with a classification of
tuberculin responses and forward chart to Texas Animal Health Commission promptly.
(2)
Inform the owner that:
(A)
as a result of this test, the suspect shall be quarantined
to the premise. This quarantine will be issued by the testing veterinarian;
(B)
it is recommended that the suspect animals be isolated
from the remainder of the herd. If this is a dairy herd, it is also recommended
that these animals be milked last;
(C)
if the herd owner desires to sell the suspect(s), the testing
veterinarian must contact the Texas Animal Health Commission, who will issue
a VS Form 1-27 permit for movement of these animals direct to slaughter at
a plant under veterinary inspection;
(D)
all suspects will be retested within 10 days by the comparative
cervical test or in 60 to 90 days utilizing the comparative cervical test
or caudal fold test by a representative of the Texas Animal Health Commission.
This representative will contact the owner to set a test date; and
(E)
no indemnity will be paid on animals in the suspect classification.
(m)
Handling the caudal fold suspect herd.
(1)
If the suspects are negative on retest, all restrictions
are removed.
(2)
If the caudal fold suspects are slaughtered and have no
gross lesions of tuberculosis, all restrictions are removed.
(3)
Any suspect to the comparative cervical test that is slaughtered
with no gross lesions shall be considered as negative. Suspects to the comparative
cervical test that are not slaughtered will be retested in 60 to 90 days and
if they are negative all restrictions are removed. If the suspect remains
a suspect, the animal will be classed as a reactor and branded.
(4)
Reactors to the comparative cervical test will be branded
and tagged and sold direct to slaughter.
(n)
Disposal of reactors. All animals classified as tuberculin
reactors must have a red reactor tag placed in the left ear and a fire brand
"T" at least two by two inches in size, high on the left hip near the tailhead.
A representative of the Texas Animal Health Commission will:
(1)
issue a permit to ship reactor animals direct to slaughter.
Reactor animals must be slaughtered within 15 days of classification;
(2)
complete indemnity claims (VS Form 1-23). If more than
seven animals are involved, make all individual entries on continuation sheets
(VS Form 1-23A). If more than 10 animals are involved, a professional appraiser
may be used;
(3)
issue Texas Animal Health Commission disease quarantine;
(4)
complete history and record sheet;
(5)
complete statement of appraisal;
(6)
arrange for cleaning and disinfecting;
(7)
mail completed Station Form 6-2 (cleaning and disinfecting
form);
(8)
inform the owner that if he desires to sell any animals
which are in the quarantined herd, he must write or phone the Texas Animal
Health Commission to request a permit; and
(9)
inform the owner that any animals added to his herd while
under quarantine that are not kept apart from the rest of the herd are not
eligible for federal indemnity if they should later react to the tuberculin
test.
(o)
Indemnification to cattle owners. After said reactors are
slaughtered, the owner shall submit to the Texas Animal Health Commission
a written statement made by said establishment showing the amount of salvage
paid for each animal.
(1)
Cattle that are slaughtered in compliance with the tuberculosis
program or as a result of a response on an official test can be indemnified
as follows. Subject to the availability of funds, the Commission will pay
the owner the unreimbursed amount determined by deducting the salvage value
and the federal indemnity from the appraised value not to exceed:
(A)
1,000 for each animal classified as a suspect or a reactor;
(B)
$100 for each negative exposed animal slaughtered as a
result of a whole herd depopulation.
(2)
All animals in the herd must be tested for indemnity to
be paid.
(3)
All provisions of the law and the regulations of the Commission
must be complied with for indemnity to be paid.
(p)
Designated pens. Cattle exposed to tuberculosis may be
moved into designated pens in feedlots provided they meet the following requirements.
(1)
All cattle enter designated pens approved under and meeting
the requirements set out in §35.1 of this title (relating to Definitions),
and §35.1(r) of these regulations.
(2)
All cattle must have been tested negative to tuberculosis
within 60 days prior to placement in the designated pens.
(q)
Retesting and release of quarantine.
(1)
Sale of feeder calves from quarantined herds will be restricted.
Feeder calves under 12 months of age that have passed a tuberculin test within
60 days may be permitted to move intrastate to a quarantined feedlot or designated
pens in a feedlot.
(2)
Herds in which mycobacterium bovis infection has been disclosed
shall remain under quarantine and must pass two tuberculin tests at intervals
of at least 60 days and one additional test after six months. The comparative
cervical test will not be used in m. bovis herds except when approved by the
executive director of the Texas Animal Health Commission. Minimum quarantine
period shall be ten months from slaughter of lesion reactors.
(3)
Herds in which NGL reactor(s) only occur and no evidence
of mycobacterium bovis infection has been disclosed may be released from quarantine
after a 60 day negative retest on the entire herd. This will be a .1cc caudal
test. Any caudal fold responses may be retested using the comparative cervical
test.
(4)
Suspects in herds where only suspect animals are disclosed
shall be quarantined to the premises until retest and classified negative
or shipped direct to slaughter under permit. If no gross lesions at slaughter,
quarantine will be released.
(r)
Special retests of high-risk herds.
(1)
In herds where mycobacterium bovis infection has been confirmed
but the herd not depopulated, five annual tests on the entire herd, followed
by two tests at three-year intervals, shall be applied following the release
of quarantine.
(2)
In a newly assembled herd on premises where a tuberculous
herd has been depopulated, two annual herd tests shall be applied to all cattle;
the first test to be applied approximately six months after assembly of the
new herd. These tests shall be followed by two complete herd tests at three-year
intervals. If the premises are vacated for one year, these requirements may
be waived.
(s)
6-35 traceback (animals which show lesions which are compatible
or suggestive with bovine TB at slaughter establishments). When a 6-35 is
received on a herd, the entire herd must be quarantined and all cattle tested.
The testing will be conducted by a representative of the Texas Animal Health
Commission.
(1)
If the entire herd is negative, the quarantine is released
and no further testing will be required unless additional tracebacks are received.
(2)
If the information is a direct trace to the herd, all responding
animals will be classed as a reactor.
(3)
If the information is an indirect trace, the comparative
cervical test can be used on any responding animals.
(4)
When a 6-35 report is traced back to a feedlot, no test
will be conducted on the animals remaining in the feedlot. However, an extensive
effort should be made to locate the herd of origin. Cattle in feedlots known
to be exposed to tuberculous cattle shall be quarantined and shipped under
permit directly to slaughter.
(t)
Tuberculosis accredited herd.
(1)
General provisions; definition. "Accredited herd"--An accredited
herd is one which has passed at least two consecutive annual tuberculin tests
and no other evidence of bovine tuberculosis has been disclosed; all testing
is to be conducted at owner's expense.
(2)
Accredited herd plan; animals to be tested. Testing of
herds for accreditation or reaccreditation shall include all cattle over 24
months of age and any animals other than natural additions under 24 months
of age. All natural additions shall be individually identified and recorded
on the test report as members of herd at the time of the annual test.
(3)
Herd additions. Herd additions must originate directly
from one of the following:
(A)
accredited herd.
(B)
herd in an accredited free state.
(C)
herd in a modified accredited area that has passed a herd
test of all animals over 24 months of age within 12 months, and the individual
animals for addition were negative to the tuberculin test conducted within
60 days.
(D)
herd in a modified accredited area not meeting requirements
of subparagraph (A), (B), or (C) of this paragraph, individual animals for
addition must pass negative test within 60 days prior to entering the premises
of the accredited herd and must be kept in isolation from all members of the
accredited herd until negative to a test conducted after 60 days of date of
entry. Animals added under subparagraphs (B) and (C) and this subparagraph
shall not receive accredited herd status for sale purposes until they have
been members of the herd at least 60 days and are included in a herd retest.
(4)
Accreditation and reaccreditation. To qualify for accredited
herd status, the herd must pass at least two consecutive annual tuberculin
tests with no evidence of bovine tuberculosis disclosed. All animals must
be a bona fide member of the herd. Qualified herd may be issued a certificate
by the local state and federal officials. The accreditation period will be
12 months (365 days) from the anniversary date and not 12 months from the
date of the reaccreditation test. To qualify for reaccreditation, the herd
must pass an annual test within a period of ten to 14 months from the anniversary
date.
(A)
Modified Tuberculosis Accredited Area plan. The rules and
regulations governing the Modified Tuberculosis Accredited Area Plan will
be the Uniform Methods and Rules-bovine tuberculosis eradication, as adopted
by the U.S. Animal Health Association and approved by the Animal and Plant
Health Inspection Service of the U.S. Department of Agriculture.
(B)
Accredited Free State Plan. The rules and regulations governing
the Accredited Free State Plan will be uniform methods and rules-bovine tuberculosis
eradication, as adopted by the U.S. Animal Health Association and approved
by the Animal and Plant Health Inspection Service of the U.S. Department of
Agriculture.
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of
the Secretary of State on August 7, 2000.
TRD-200005467
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: August 27, 2000
Proposal publication date: June 2, 2000
For further information, please call: (512) 719-0714
Subchapter C. STALK DESTRUCTION PROGRAM
Part 2.
TEXAS ANIMAL HEALTH COMMISSION
Chapter 59.
GENERAL PRACTICES AND PROCEDURES