4 TAC §§60.1 - 60.7
The new sections are proposed under the following statutory
authority as found in Chapter 161 of the Texas Agriculture Code. The commission
is vested by statute, Section 161.041 (a), with the requirement to protect
all livestock, domestic animals, and domestic fowl from disease. The commission
is authorized, by Section 161.041 (b), to act to eradicate or control any
disease or agent of transmission for any disease that affects livestock. If
the commission determines that a disease listed in Section 161.041 of this
code or an agent of transmission of one of those diseases exists in a place
in this state among livestock, or that livestock are exposed to one of those
diseases or an agent of transmission of one of those diseases, the commission
shall establish a quarantine on the affected animals or on the affected place.
That is found in Section 161.061.
As a control measure, the commission by rule may regulate the movement
of animals. The commission may restrict the intrastate movement of animals
even though the movement of the animals is unrestricted in interstate or international
commerce. The commission may require testing, vaccination, or another epidemiologically
sound procedure before or after animals are moved. That is found in Section
161.054. An agent of the commission is entitled to stop and inspect a shipment
of animals or animal products being transported in this state in order to
determine if the shipment originated from a quarantined area or herd; or determine
if the shipment presents a danger to the public health or livestock industry
through insect infestation or through a communicable or noncommunicable disease.
That authority is found in Section 161.048. Section 161.005 provides that
the commission may authorize the executive director or another employee to
sign written instruments on behalf of the commission. Section 161.061 provides
that if the commission determines that a disease listed in Section 161.041
of this code or an agency of transmission of one of those diseases exists
in a place in this state among livestock, exotic livestock, domestic animals,
domestic fowl, or exotic fowl, or that they are exposed to one of those diseases
or an agency of transmission of one of those diseases, the commission shall
establish a quarantine on the affected animals or on the affected place.
No other statutes, articles, or codes are affected by the proposed repeals
and new sections.
§60.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Accredited Veterinarian - A veterinarian approved by the
Commission and the USDA in accordance with the provisions of 9 CFR, Part 161.
(2)
Adjacent Flock - Flock of sheep or goats on fence-to-fence,
or across the road or waterway, contiguous property.
(3)
Animal - A sheep or goat.
(4)
APHIS - Animal and Plant Health Inspection Service, an
agency of the USDA, or employees thereof.
(5)
Approved Laboratory - A diagnostic laboratory approved
by the TAHC and the USDA to conduct one or more scrapie tests, or genotype
tests, on one or more tissues.
(6)
Approved Test - A test for the diagnosis of scrapie that
is approved by the Administrator of APHIS for use in the scrapie eradication
program or certification program.
(7)
Blackface Sheep - Any purebred Suffolk, Hampshire, Shropshire,
or cross thereof, any non-purebred sheep known to have Suffolk, Hampshire,
or Shropshire ancestors, and any non-purebred sheep of unknown ancestry with
a black face, except for hair sheep.
(8)
Breed Associations and Registries - Organizations that
maintain the permanent records of ancestry or pedigrees of animals (including
the animal's sire and dam), individual identification of animals, and/or ownership
of animals.
(9)
Certificate of Veterinary Inspection - A numbered interstate
Certificate of Veterinary Inspection or a similar titled document that is
a record of veterinary health inspection of one or more animals, issued on
an official form by an accredited veterinarian from the state of origin. A
Certificate of Veterinary Inspection shall be valid for 30 days following
the inspection of the animals.
(10)
Commercial Sheep or Goat - Any animal from a flock from
which animals are moved either directly to slaughter or through slaughter
channels to slaughter or any animal that is raised only for meat or fiber
production and is not registered with a sheep or goat registry or used for
exhibition.
(11)
Commingle, Commingled or Commingling - Animals grouped
together having physical contact with each other, including contact through
a fence, but not limited contact. Commingling also includes sharing the same
section in a transportation unit where physical contact can occur.
(12)
Consistent State - A state listed in 9 CFR, Part 79.1,
that the APHIS Administrator has determined is conducting an active State
scrapie control program.
(13)
Designated Scrapie Epidemiologist - A State or Federal
epidemiologist with a knowledge of scrapie epidemiology, and designated by
APHIS to make decisions about the use and interpretation of diagnostic tests,
field investigation data and the management of scrapie affected flocks.
(14)
Destroyed or Destruction - Animals that are:
(A)
Euthanized by a means other than slaughter and the carcass
disposed of by means authorized by the Administrator; or,
(B)
in the case of exposed or high-risk animals that are not
known to be infected, either euthanized or disposed of by slaughter; or,
(C)
moved to a quarantined research facility, if the Administrator
has approved the movement.
(15)
Direct Movement to Slaughter - Animals that are transported
to a facility for slaughter without stopping or unloading en route, other
than for food and water, during which the animals are not commingled with
any other animals.
(16)
Epidemiological Investigation - An investigation to determine
the risks or presence of a condition affecting a population of animals or
animal products.
(17)
Exposed Animal:
(A)
Any animal that has been in the same flock at the same
time as a scrapie-positive animal excluding limited contact; or,
(B)
any animal born in a flock after a scrapie-positive female
animal was born into that flock or lambed in that flock, if born before that
flock completes the requirements of a flock plan; or,
(C)
any animal that was commingled with a scrapie-positive
female during or up to 30 days after she lambed, kidded, or aborted, or while
a visible vaginal discharge was present, including during activities such
as shows and sales or while in marketing channels; or, any animal in a non-compliant
flock.
(18)
Exposed Flock - Any flock in which a scrapie-positive
animal was born or lambed. Any flock that currently contains a female high-risk,
or suspect animal, or that once contained a female high-risk, or suspect animal
that lambed in the flock and from which tissues were not submitted for official
testing and found negative. A flock that has completed a post-exposure management
and monitoring plan following the exposure will no longer be an exposed flock.
(19)
Flock - All animals that are maintained on a single premise
and all animals under common ownership or supervision on two or more premises
with animal interchange between the premises. Changes in ownership of part
or all of a flock do not change the identity of the flock or the regulatory
requirements applicable to the flock. The term "flock" shall be interchangeable
with the term "herd" and shall apply to purebred and commercial sheep. More
than one flock may be maintained on a single premise if:
(A)
the flocks are enrolled as separate flocks in the Scrapie
Flock Certification Program.
(B)
a State or APHIS representative determines, based upon
examination of flock records, that:
(i)
no animals have moved between flocks;
(ii)
the flocks never commingle and are kept at least 30 feet
apart at all times or are separated by a solid wall through which contact
cannot occur;
(iii)
the flocks have separate flock records and identification;
the flocks have separate lambing facilities, including buildings and pastures.
A pasture or building used for lambing by one flock is not used by the other
flock at any time; and
(iv)
the flocks do not share equipment without cleaning and
disinfection in accordance with the guidelines published in the Scrapie Eradication
UM & R standards.
(20)
Flock of Origin - The flock in which an animal most recently
resided in which it either was born, gave birth, or was used for breeding
purposes. This determination that an animal originated in a flock must be
based either on the physical presence of the animal in the flock, the presence
of official identification on the animal traceable to the flock, the presence
of other identification on the animal that is listed on the bill of sale,
or other evidence, such as registry records.
(21)
Flock Plan - A written management agreement signed by
the owner of the flock, the accredited veterinarian, if one is employed by
the owner, and a State or APHIS representative in which each participant agrees
to undertake actions specified in the flock plan to control the spread of
scrapie from, and eradicate scrapie in, a flock that contains high-risk or
an exposed animal. As part of a flock plan, the flock owner must provide the
facilities and personnel needed to carry out the requirements of the flock
plan. The flock plan must include the requirements in 9 CFR, Part 54.5.
(22)
Goats - Animals of the genus Capra.
(23)
High-Risk Animal - A sexually intact animal, excluding
male sheep that have tested RR at codon 171 and AA at codon 136 that is:
(A)
the progeny of a scrapie-positive dam; or,
(B)
born in the same flock during the same lambing season as
progeny of a scrapie-positive dam, unless the progeny of the scrapie-positive
dam are from separate contemporary lambing groups; or,
(C)
born in the same flock during the same lambing season that
a scrapie-positive animal was born, or during any subsequent lambing season,
if born before that flock completes the requirements of a flock plan; or,
(D)
an exposed female sheep that has not tested QR, HR, or
RR at codon 171; or,
(E)
designated as a high-risk animal by the Designated Scrapie
Epidemiologist.
(24)
Infected Flock - The flock of origin of a female animal
that a representative of the TAHC or USDA has determined to be:
(A)
A scrapie-positive animal; or,
(B)
A flock where a scrapie-positive animal has resided unless
an epidemiological investigation conducted by a representative of the TAHC
or USDA shows that the animal did not lamb or abort in the flock.
(C)
A flock will no longer be considered an infected flock
after it has completed the requirements of the Flock Plan.
(25)
Interstate Commerce - Trade, traffic, transportation,
or other commerce between a place in a State or any place outside of that
State, or between points within a State but through any place outside of that
State.
(26)
Limited Contact - Incidental contacts between animals
off the flock's premise such as:
(A)
at fairs, shows, exhibitions, and sales; or,
(B)
between ewes being inseminated, flushed, or implanted;
or,
(C)
between rams at ram test or collection stations; or, as
determined by the Designated Scrapie Epidemiologist;
(i)
Limited contacts do not include any contact, incidental
or otherwise, with an animal during or up to 30 days after she has lambed,
kidded, or aborted, or when there is any visible vaginal discharge.
(ii)
Limited contacts do not include any activity where uninhibited
contact occurs, such as sharing an enclosure, sharing a section of a transport
vehicle, or residing in other flocks for breeding or other purposes, except
as allowed by the Scrapie Flock Certification Program standards.
(27)
Live-Animal Screening Test - Any test for the diagnosis
of scrapie in a live animal that is approved by the APHIS Administrator but
not definitive for diagnosing scrapie, and is conducted in an Approved Laboratory.
(28)
Low-Risk Goat - A goat that is not scrapie-positive, high-risk,
or exposed, and that has not been commingled with sheep, and/or is from:
(A)
A state in which scrapie has not been identified in a goat
during the previous 10 years;
(B)
A state in which scrapie has been identified in a goat
during the previous 10 years, but the scrapie-positive goat was not born in
the state and has resided in the state for less than 72 months and did not
kid while in the state; or,
(C)
A state in which scrapie has been identified in a goat
during the previous 10 years, and the scrapie-positive goat was commingled
with sheep, but flock records allowed an epidemiological investigation to
be completed and all resulting infected, source, and exposed goat herds have
completed flock plans and are in compliance with post-exposure monitoring
plans.
(29)
National Veterinary Services Laboratories (NVSL) - The
National Veterinary Services Laboratories and its cooperating and contract
laboratories.
(30)
Non-Compliant Flock.
(A)
Any source or infected flock whose owner declines to enter
into a flock plan or post-exposure management and monitoring plan agreement
within 30 days of being so designated, or whose owner is not compliant with
either agreement;
(B)
Any exposed flock whose owner fails to make animals available
for testing within 60 days of notification, or mutually agreed date, or whose
owner fails to submit to required postmortem samples;
(C)
Any flock whose owner has misrepresented, or who employs
a person who has misrepresented, the scrapie status of an animal or any other
information on a certificate, permit, owner statement, or other official document
within the past 5 years; or,
(D)
Any flock whose owner or manager has moved, or who employs
a person who has moved an animal in violation of this chapter within the past
5 years.
(31)
Official Genotype Test - Any test to determine the genotype
of a live or dead animal that is conducted at an Approved Laboratory, when
the animal is officially identified and the samples used for the test are
collected and shipped to the laboratory by either an accredited veterinarian
or a State or USDA representative.
(32)
Official Identification - Identification approved by APHIS
and TAHC for use in the scrapie eradication program.
(33)
Official Test - Any test for the diagnosis of scrapie
in a live or dead animal that is approved by the Administrator of APHIS for
that use and conducted either at an approved laboratory or at the NVSL.
(34)
Owner - A person, partnership, company, corporation, or
any other legal entity which has legal or rightful title to animals, whether
or not they are subject to a mortgage, or his or her agent.
(35)
Permit - An official document issued in connection with
interstate movement of animals (VS Form 1-27) that is issued by an APHIS representative,
State representative, or an accredited veterinarian authorized to sign the
permit. The permit lists:
(A)
Owner's name and address
(B)
Points of origin and destination
(C)
Number of animals in the consignment
(D)
Purpose of the movement
(E)
Statement of whether the animals are scrapie-positive,
high-risk, exposed, or scrapie suspect
(F)
The license number of the transporting vehicle
(G)
The seal number (if the shipment is under seal)
(H)
Official identification numbers (individual or premise)
(36)
Post-Exposure Management and Monitoring Plan - A written
agreement signed by the owner of the flock, an accredited veterinarian employed
by the owner, and a State or APHIS representative in which each participant
agrees to undertake actions specified in the agreement to monitor for the
occurrence of scrapie in the flock for at least 5 years after the last high-risk
or scrapie-positive animal is removed from the flock or after the last exposure
of the flock to a scrapie-positive animal, unless otherwise specified by a
State or APHIS representative. The flock owner must provide the facilities
and personnel needed to carry out the requirements of the plan. The plan must
include the requirements specified in 9 CFR, Part 54.8.
(37)
Premise Identification Eartag - An identification eartag
approved by the TAHC and APHIS as being sufficiently tamper-resistant for
the intended use and providing unique identification for each premise of origin
(officially assigned premise identification number). Alternative identification
for registered animals shall be the official identification tattoo or brand,
provided registration papers are in the accompaniment of the animal.
(38)
Program - The cooperative State-Federal-Industry program
administered by APHIS and Consistent States to control and eradicate scrapie.
(39)
Scrapie - A non-febrile, transmissible insidious degenerative
disease affecting the central nervous system of sheep and goats.
(40)
Scrapie Control Pilot Project - A pilot project authorized
by the Administrator and TAHC in writing, designed to test or improve program
procedures or to facilitate research, in order to control and eradicate scrapie.
(41)
Scrapie Eradication Program - The cooperative State-Federal
program administered by APHIS and Consistent States to control and eradicate
scrapie.
(42)
Scrapie Eradication Uniform Methods and Rules (UM&R)
- Cooperative procedures and standards adopted by APHIS and Consistent States
for controlling and eradicating scrapie.
(43)
Scrapie Flock Certification Program:
(A)
A voluntary State-Federal-Industry cooperative effort established
and maintained to reduce the incidence and spread of scrapie, and which contributes
to the eventual eradication of scrapie; and,
(B)
a monitoring program to identify individual flocks that
have been free of evidence of scrapie over specified time periods.
(44)
Scrapie Flock Certification Program Standards - Cooperative
procedures and standards adopted by State and APHIS scrapie certification
boards for reducing the incidence and spread of scrapie, and to identify flocks
which have not exhibited clinical signs of scrapie over specified periods
of time.
(45)
Scrapie-Positive Animal - An animal for which a diagnosis
of scrapie has been made by the NVSL or another laboratory authorized by the
Administrator to conduct official scrapie tests in accordance with 9 CFR,
Part 54, through:
(A)
Histopathological examination of central nervous system
(CNS/brain stem) tissues from an animal with characteristic microscopic lesions
of scrapie; or,
(B)
the use of protease-resistant protein analysis methods
including but not limited to live or dead animals for which a given method
has been approved by the Administrator and TAHC on that tissue; or,
(C)
bioassay (inoculation of laboratory animals for the diagnosis
of infection); or,
(D)
scrapie associated fibrils (SAF) detected by electron microscopy;
or.
(E)
any other test method approved by the Administrator in
accordance with 9 CFR, Part 54.10.
(46)
Sheep - Animals of the genus Ovis.
(47)
Slaughter Channels - Animals in slaughter channels include
any animal that is sold, transferred, or moved either:
(A)
Directly to a slaughter facility; or,
(B)
To an individual for custom slaughter; or,
(C)
For feeding for the express purpose of improving the animals'
condition for movement to slaughter.
(48)
Source Flock - A flock in which a TAHC or APHIS representative
has determined that at least one animal was born that was diagnosed as a scrapie-positive
animal at the age of 72 months or less. The determination that an animal was
born in a flock must be based on either:
(A)
The presence of official identification on the animal that
is traceable to the flock; or,
(B)
the presence of other identification on the animal that
is listed on the bill of sale; or,
(C)
registry records showing that the scrapie-positive animal
originated from the flock.
(49)
State - Texas, or any of the 50 States, the District of
Columbia, the Northern Mariana Islands, Puerto Rico, and all territories or
possessions of the United States.
(50)
State Representative - An individual employed in animal
health activities by the TAHC, or that is authorized by the State of Texas
to perform functions related to the Program.
(51)
Suspect Animal.
(A)
An animal exhibiting clinical signs of scrapie and that
has been determined to be suspicious for scrapie by an accredited veterinarian
or a State or APHIS representative:
(i)
weight loss despite retention of appetite
(ii)
behavioral abnormalities
(iii)
pruritis (excessive itching)
(iv)
wool pulling
(v)
biting at legs or flanks
(vi)
lip smacking
(vii)
motor abnormalities such as incoordination:
(I)
high-stepping gait of forelimbs,
(II)
bunny hop movement of rear legs,
(III)
swaying of back end.
(viii)
increased sensitivity to noise and sudden movement
(ix)
tremors
(x)
head pressing
(B)
An animal that has tested positive for scrapie or for the
protein resistant protein associated with scrapie on the live animal screening
test, or any other test, unless the animal is designated as a scrapie-positive
animal.
(C)
An animal that has had a suspicious or inconclusive test
result on an official live-animal test for scrapie.
(52)
Terminal Feedlot.
(A)
A dry lot approved by a State or APHIS representative or
an accredited veterinarian authorized to perform this function where the animals
are separated from all other animals by at least 30 feet at all times or are
separated by a solid wall through, over, or under which fluids cannot pass
and contact cannot occur and from which animals are moved only to another
terminal feedlot or to slaughter; or,
(B)
A pasture approved by a State or APHIS representative or
an accredited veterinarian in which only non-pregnant animals are permitted,
where there is no direct fence-to-fence contact with another flock, and from
which animals are moved only to another terminal feedlot or directly to slaughter.
(53)
TAHC - Texas Animal Health Commission, or representatives
thereof.
(54)
USDA - United States Department of Agriculture, APHIS,
or representatives thereof.
§60.2.Animal Identification and Record Keeping.
(a)
Animals to be identified. Wethers, or commercial goats
that haven't had contact with sheep, are exempt from identification requirements.
Certain classes of sheep and goats shall have premise identification eartags
(or, if registered goats, alternative identification may be the registration
tattoo when in the accompaniment of registration papers) and applied before
they are moved from the farm in intrastate or interstate commerce, exhibition,
or commingled with animals from other farms:
(1)
All sheep 18 months of age and older;
(2)
All breeding sheep regardless of age;
(3)
Sexually intact show or exhibition animals;
(4)
All goats 18 months of age and older that are, or have
been, commingled with sheep;
(5)
All breeding goats that are, or have been, commingled with
sheep;
(6)
All exposed, Scrapie-positive, suspect, test-positive,
and high-risk animals.
(b)
Issuance of premise identification numbers.
(1)
The TAHC will issue a premise identification number to
each sheep and goat owner upon request. The premise identification will consist
of the State Postal abbreviation (TX) followed by up to five alphanumeric
digits.
(2)
Livestock auction markets, slaughter establishments, and
owner agents (such as agriculture science instructors, veterinarians, and
Texas Cooperative Extension Agents representing 4 H clubs) may also request
and receive premise identification.
(c)
Disposition of, and acceptable, eartags.
(1)
Only USDA provided or approved tags shall be used.
(2)
Premise eartags shall not be removed, and required records
must be maintained (see subsection (e) of this section).
(d)
Responsibility of any person handling animals under this
regulation. Animals shall be identified with premise identification prior
to commingling with animals from other farms.
(e)
Record Keeping.
(1)
General Requirements.
(A)
Each person who buys or sells, for his or her own account,
or as the agent of the buyer or seller, transports, receives for transportation,
offers for sale or transportation, or otherwise handles sheep or goats covered
under this regulation, must insure that the animals are identified as required
and must maintain records relating to the transfer of ownership, shipment,
or handling of said animals such as auction market drive-in documents, yarding
receipts, sale tickets, invoices and waybills.
(B)
Said records shall be maintained for a minimum of five
years after transaction or transport takes place.
(C)
Said records shall be made available to State or APHIS
representatives, or an authorized accredited veterinarian, upon request
(D)
Premises identification numbers on scrapie suspect, positive,
exposed, and high risk animals shall be recorded on VS form 5-20, or other
acceptable documents, and forwarded to the Designated Scrapie Epidemiologist.
(2)
Information required of persons applying, or recording,
premise identification numbers prior to movement, or sale, of animals from
the premise.
(A)
Date officially identified;
(B)
Date of movement;
(C)
Number of animals identified;
(D)
Premise number applied;
(E)
If born after January 1, 2002:
(i)
if not already identified to the flock of birth, insert
your premise eartag and record the name and address of the owner of the flock
of birth with the individual animal identification number.
(ii)
if the premise identification number was applied at the
flock of birth, record the premise identification number, and (if known) the
name and address of the flock of birth.
(3)
Records required of persons purchasing breeding animals.
(A)
Premise identification number (or registration tattoos
of goats) of the animals, from each premise purchased.
(B)
Name and address of owner of each of the premises from
which animals were moved or sold.
(C)
Number of animals involved in each transaction.
(D)
Date of each transaction.
(4)
Records required of persons (such as accredited veterinarians,
markets, dealers, or agents) who apply premise identification that is not
assigned to the owner of the premises of origin, must record the following
information (eartags do not have to be applied in animals already bearing
premise identification and maintained for a minimum of 5 years).
(A)
Flock of origin owner's name and address;
(B)
Date tagged;
(C)
Individual animal identification numbers on the premise
identification eartag;
(D)
Number of animals identified for each premises.
(5)
Records required of persons overseeing terminal feedlots.
(A)
Must be maintained for a minimum of 5 years after the animal
leaves the feedlot.
(B)
Shall include the name and address of the person consigning
the animal to the feedlot.
(C)
Shall include the name and address of the slaughter establishment
to which the animal is consigned.
(D)
These records must be made available, upon request, to
a TAHC or APHIS representative.
§60.3.Interstate Movement of Sheep and Goats into Texas.
(a)
General Requirements.
(1)
The TAHC has the authority to deny permission to transport
any animal or animal product into Texas if there is a risk of infection or
transmission of disease associated with the shipment.
(2)
Certificates of Veterinary Inspection, and other transportation
records, shall be kept by each person who buys, sells or trades for him/herself,
or as the agent of a buyer or seller, transports, receives for transportation,
offers for sale or transportation, or otherwise handles the animals in interstate
commerce for a period of five years after the animals entered Texas and shall
be available for inspection upon request of a TAHC or APHIS representative,
or authorized veterinarian. Animals in any load or part of a load may be inspected
enroute or after arrival.
(3)
Animals entering Texas without a valid Certificate of Veterinary
Inspection, or proper premise identification of the animals, shall be placed
under hold order and held at the expense of the owner, manager, and/or transporter
until released by a TAHC or APHIS representative or authorized accredited
veterinarian. Animals under hold order for noncompliance with interstate movement
requirements will be released only after the Texas State Veterinarian is satisfied
that the animals do not pose as a disease risk.
(b)
Certificate of Veterinary Inspection. The Certificate of
Veterinary Inspection shall be issued by an accredited veterinarian who examined
the animals and shall indicate that the animals in the shipment meet all Texas
entry requirements.
(1)
All Certificates of Veterinary Inspection are valid for
30 days after issuance.
(2)
A Certificate of Veterinary Inspection shall be available
for inspection at any time enroute or upon arrival.
(3)
Information on the Certificate of Veterinary Inspection
shall include:
(A)
Date of inspection.
(B)
Number of animals in the consignment.
(C)
Premise eartag identification number, or (if goats, accompanied
by registration papers) a registration tattoo.
(D)
Official USDA eartag number, or (if goats, accompanied
by registration papers) a registration tattoo.
(E)
Description of the animals (breed, gender, and other distinguishing
characteristics).
(F)
Complete information on the consignor, consignee, and flock
of origin, including the origination and destination addresses.
(G)
Statement of the purpose for transporting the animals (for
sale, transfer, breeding replacements, etc.).
(H)
A statement by the accredited veterinarian issuing the
Certificate that the animals are not exhibiting clinical signs associated
with any infectious disease, including scrapie, at the time of examination.
(I)
A statement by the accredited veterinarian issuing the
Certificate indicating if the animal(s) are not from a scrapie affected, high
risk, source, or exposed flock.
(c)
Specific Entry Requirements.
(1)
Breeding rams, 6 months of age and older, shall have a
negative (ELISA) test for
Brucella ovis
within
30 days of shipment and the negative results recorded on the Certificate of
Veterinary Inspection.
(2)
All breeding animals (except for registered goats for which
a registration tattoo may be used, provided that the registration papers are
attached) intact sheep over 18 months of age, show or exhibition animals,
and all goats 18 months of age and older that are or have been commingled
with sheep, shall have premise identification eartags in place and the number
recorded on the shipping documents. Exceptions to this requirement include:
(A)
lambs or kids less than 18 months of age in feeder or slaughter
channels.
(B)
wethers of any age.
(3)
Animals originating from scrapie-affected flocks, scrapie-positive,
suspect, exposed, and/or high risk animals, or sheep originating from Inconsistent
States, shall be granted entry into Texas on a case-by-case basis only after
permission of the Texas State Veterinarian or the Designated Scrapie Epidemiologist.
(4)
Animals originating from Inconsistent States (without an
active scrapie surveillance and control program) may enter the State of Texas
only if:
(A)
Granted an entry permit.
(B)
Consigned directly to a Terminal Feedlot.
§60.4.Monitoring and Surveillance.
(a)
Scrapie Flock Certification Program-Producers have the
opportunity to enroll their flock in this State-APHIS sponsored program to
certify their flock free of scrapie. Standards include:
(1)
Flocks that are monitored for a period of five years for
the presence of clinical signs of scrapie, to achieve "Certified Free" status.
(2)
All animals one year of age and older are officially identified
with a tamper resistant premise and individual identification eartag, or at
less than 12 months of age, if a change of ownership occurs.
(3)
A flock owner shall immediately report animals displaying
clinical signs suspicious of scrapie to his/her veterinarian or an APHIS or
TAHC representative who will conduct an investigation. The owner shall sacrifice
suspicious animals for appropriate histopathological testing when requested.
(4)
An owner shall maintain records on all acquisitions, departures,
births, and account for all deaths in the flock.
(5)
An owner shall allow breed associations, livestock markets,
and slaughter facilities to disclose records to TAHC and/or APHIS representatives,
if necessary.
(6)
An owner shall provide necessary facilities and personnel
to assist in inspections and examination of the flock to:
(A)
verify animal identification;
(B)
check for clinical signs consistent with scrapie; and,
(C)
check records for completeness and accuracy.
(7)
An owner shall report to the State Certification Board
all acquisitions of sheep from flocks with lower status or from flocks not
participating in the program.
(b)
Farm, slaughter, and market surveillance.
(1)
Disposition of suspicious animals at the market or on the
farm.
(A)
Clinically suspect and test-positive animals may not be
moved from the premises where identified except under permit to a research
facility designated by APHIS, to a site for destruction, or, when appropriate,
back to the flock of origin under hold order.
(i)
An investigation will be conducted on the animal and the
flock of origin.
(ii)
The animal may be purchased for diagnostic purposes and
necropsied, or maintained under hold order until it recovers.
(B)
Clinically suspect animals identified at slaughter facilities
must be condemned according to Food Safety and Inspection Service (FSIS) regulations,
and samples collected for diagnosis and the carcass removed from the food
chain.
(C)
If released, or dies and is subjected to a postmortem examination.
(2)
A random sampling of animals at slaughter will be conducted
to identify scrapie infected flocks.
(c)
Live animal surveillance testing. TAHC or APHIS representatives
may conduct live animal sampling on high-risk animals. Restrictions on the
flock will remain until all high-risk animals have been tested negative when
they die or are culled from the flock.
§60.5.Management of Affected and Source Flocks, and Exposed, High-Risk, and Suspect Animals.
(a)
Flocks whose owners decline the options listed in paragraphs
(1)-(4) of this subsection will be designated as non-compliant and remain
under quarantine until the requirements for quarantine release are met. All
flocks determined to be infected (as per definition of a scrapie positive
animal in §60.1 of this title (relating to Definitions)) shall be placed
under quarantine, and the following management options will be offered to
the owner:
(1)
Standard flock plan;
(2)
Pilot project flock plan;
(3)
Post-exposure and management and monitoring flock plan;
(4)
Complete depopulation of the flock with indemnity (while
funds are available);
(b)
All flocks containing animals suspicious of scrapie, and
source flocks, will be placed under hold order and investigated pending final
determination.
(1)
Scrapie suspect animals and animals suspected of other
neurological or chronic debilitating disease are required to be made available
for destruction (depending on the decision of the Designated Scrapie Epidemiologist)
so that diagnostic specimens can be collected and submitted to an APHIS approved
laboratory for diagnostic purposes.
(2)
The suspect designation, of animals reported as positive
on the live animal test, may be removed by the Designated Scrapie Epidemiologist
for any of the following reasons:
(A)
If the animal is not showing clinical signs of scrapie,
is over 18 months of age, is negative on the third eyelid test, and is RR
at the 171 codon on the genotype test; or,
(B)
An epidemiological investigation shows the animal is not
likely to be infected and the third eyelid test cannot be done due to lack
of sufficient tissue; or,
(C)
The animal is purchased for diagnostic purposes, is sacrificed,
and is negative on the histopathological tests conducted on tissues submitted.
(c)
High-risk animals in other flocks that have been traced
out of source or infected flocks will be placed under quarantine until depopulated
and tested or another determination is made by the Designated Scrapie Epidemiologist.
(d)
Exposed animals will be placed under hold order and a post-exposure
management and monitoring plan formulated. Final disposition of the animals
will be determined by the Designated Scrapie Epidemiologist.
§60.6.Requirements for Flock Plans, Post-Exposure, and Monitoring Flock Plans.
(a)
The flock owner or his or her agent shall identify all
animals one (1) year of age and older within the flock. All animals less than
one year of age shall be identified with an approved tamper resistant premise
identification eartag with individual animal identification when a change
of ownership occurs, with the exception of animals under one (1) year in slaughter
channels.
(b)
Upon request by TAHC or APHIS, the owner of the flock shall
allow an accredited veterinarian or an APHIS or TAHC representative to collect
tissues from animals for scrapie diagnostic purposes and submit them to an
APHIS approved laboratory.
(c)
Upon request by a TAHC or APHIS representative, the owner
of the flock shall present animals in the flock, and the required records,
for inspection and testing.
(d)
The owner of the flock shall meet TAHC or APHIS requirements
to monitor for scrapie, prevent its recurrence, and prevent its spread to
other flocks. These include, but are not limited to:
(1)
Utilization of a live-animal test;
(2)
Restrictions on animals removed from the flock;
(3)
Segregated lambing;
(4)
Cleaning and disinfection of lambing facilities; and/or,
(5)
Education of the flock owner, and personnel, to recognize
clinical signs of scrapie and control its transmission.
(e)
The flock owner shall immediately report animals exhibiting
the following clinical signs to a TAHC or APHIS representative, or an accredited
veterinarian, and not remove them from the flock:
(1)
weight loss despite retention of an appetite;
(2)
pruritis (itching);
(3)
motor abnormalities such as incoordination;
(4)
wool pulling;
(5)
biting at the legs or flanks;
(6)
lip smacking;
(7)
high stepping gait of forelimbs;
(8)
bunny hop movement of rear legs;
(9)
swaying of the back end;
(10)
increased sensitivity to noise and sudden movement;
(11)
tremor;
(12)
head pressing;
(13)
or, that has tested positive for scrapie on a live animal
screening test; or any other test for scrapie.
(f)
The following are for flock plans only:
(1)
An epidemiological investigation must be conducted to identify
high-risk and exposed animals that currently reside in the flock or that previously
resided in the flock, and all high-risk animals, scrapie-positive animals
and suspect animals must be removed from the flock. The animals must be removed
to an approved research facility, or by euthanasia and disposal of the carcasses
by burial, incineration, or by other approved methods.
(2)
The premises under the flock plan must be cleaned and disinfected
(C & D) in accordance with 9 CFR, Part 54.7.
(3)
Premises, or a portion of the premises, may be exempted
from the cleaning and disinfection if the Designated Scrapie Epidemiologist
determines, based on epidemiological investigation that the C & D of such
buildings, holding facilities, conveyances, or other material on the premises
will not significantly reduce the risk of transmission of scrapie. No facility
where a scrapie-positive animal lambed or aborted may be exempted.
(4)
The flock owner shall request breed associations and registries,
livestock markets, and packers to disclose records to TAHC or APHIS representatives
to be used to identify trace-ins and trace-outs, source flocks and exposed
and high-risk animals.
(5)
The flock owner shall agree to conduct post-exposure management
and monitoring.
(g)
The following are the requirements for post-exposure management
and monitoring plans only. The plan requires that a TAHC or APHIS representative
inspect the flock and flock records at least every 12 months. The flock owner,
shall maintain records for 5 years following removal of the animals from the
flock. The information recorded shall include:
(1)
Any identifying marks or tags present on the animal, including
the premise identification, individual animal identification number, and any
secondary form of identification the owner may employ;
(2)
Sex, year of birth, breed, and (when possible) the sire,
dam, and offspring of the animal;
(3)
Date of acquisition and the previous flock owner and address,
if the animal was not born in the flock; and,
(4)
Disposition of the animal, including the date and cause
of death, if known, or date of removal from the flock and name and address
of the person to whom the animal was transferred.
(h)
Flock plans and post-exposure management and monitoring
plans may be modified by the Designated Scrapie Epidemiologist to accommodate
the situation of a particular flock if the modified plan requires:
(1)
A TAHC or APHIS representative to inspect the flock and
records at least once every 12 months;
(2)
The animals are tested at a level that will result in a
99 percent confidence of detecting a 1 percent prevalence in the flock (for
flock plans only);
(3)
Identification by approved method of all animals leaving
the premises of the flock, for purposes other than slaughter, and of all animals
over 18 months of age (as evidenced by the eruption of the second incisor)
in slaughter channels; and,
(4)
Record keeping shall include:
(A)
For acquired animals, the date of acquisition, name and
address of the person from whom the animal was acquired, and all identification.
(B)
For animals leaving the premises of the flock, the disposition
of the animal, including those animals that are required to be identified,
any identifying marks, and all identification, the date and cause of death,
if known, or date of removal from the flock, and name and address of the person
to whom the animal was transferred.
(5)
Continued for at least 5 years.
(i)
Post-exposure management and monitoring plans are for exposed
flocks that were not source flocks and in which a scrapie infected animal
did not give birth. A Designated Scrapie Epidemiologist shall determine the
testing and monitoring requirements for these flocks based on the exposure
risk of the individual flock.
(j)
Waiver of requirements for scrapie control pilot projects
may be done if they are approved by the Administrator of APHIS and the state
has a Pilot Project MOU in place.
(k)
Minimum Requirements for Pilot Project Flock Plans:
(1)
Restriction of high-risk animals to the premises for movement
to slaughter only;
(2)
Necropsy and testing of all animals over 14 months of age
that die, particularly high-risk animals;
(3)
Third eye-lid testing of all exposed animals over 14 months
of age, or when they reach 14 months of age;
(4)
Retest of all test eligible animals 18 months after the
last known exposure to scrapie;
(5)
Removal of all test-positive animals;
(6)
Restrictions on the movements of other animals out of the
flock except to slaughter unless testing or other methods have been used to
insure that they are low risk for spreading scrapie; and,
(7)
Genotype testing for use as a selection criteria.
§60.7.Exhibition Requirements.
(a)
Official premise identification is required for sexually
intact sheep to be exhibited. For goats, the registration tattoo may be used
in lieu of the eartag if the registration papers are in accompaniment of the
animals.
(b)
All female animals over 12 months of age (as evidenced
by the eruption of the first pair of incisors) shall be housed in separate
enclosures from animals from different flocks. All animals enrolled in the
Scrapie Flock Certification Program shall be handled in such a way that direct
contact does not occur with animals from other flocks of lower status. Spacing
or solid partitions may be used to maintain separation.
(c)
If sheep or goats are shown within 30 days of pre- or post-parturition,
or have a vaginal discharge, then special arrangements shall be made with
the sponsor to keep them separate from animals from different flocks and to
keep them in an area that can and will be properly disinfected.
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 March 25, 2002.
TRD-200201838
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: May 5, 2002
For further information, please call: (512) 719-0714