Part 2.
TEXAS ANIMAL HEALTH COMMISSION
Chapter 48.
RIDING STABLE REGISTRATION PROGRAM
4 TAC §§48.1 - 48.9
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Animal Health Commission or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Animal Health Commission proposes to repeal
Chapter 48, which is entitled Riding Stable Registration Program. This proposal
repeals the following sections: §48.1, Purpose; §48.2, Definitions; §48.3,
Standards; §48.4, Veterinary Inspection; §48.5, Certificate of Registration; §48.6,
Certificate of Registration Renewal; §48.7, Registration and Renewal
Fee; §48.8 , Penalties; and §48.9, Denial, Suspension, and Revocation
of a Certificate of Registration.
During the 78th Texas Legislative session Senate Bill 271 was passed and
signed by the Governor which repeals Chapter 2053 of the Texas Occupations
Code relating to the regulation of riding stables. As such the Commission
is proposing the repeal of all rules related to regulating riding stables
through Chapter 2053 and as provided for in Title 4 of the Texas Administrative
Code Chapter 48.
Mr. Bruce Hammond, Deputy Director for Administration and Finance, Texas
Animal Health Commission, has determined for the first five year period the
rules are in effect, there will be no fiscal implications for state or local
government as a result of enforcing or administering the rules. There will
be no affect to small or micro businesses.
Mr. Hammond also has determined that for each year of the first five years
the rules are in effect, the public benefit anticipated is that animal health
standards regarding riding stables will be handled at a local level.
In accordance with Government Code, §2001.022, this agency has determined
that the adopted 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, 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, by
fax at (512) 719-0721 or by e-mail at "esmith@tahc.state.tx.us".
Senate Bill 271 repeals Chapter 2053 of the Texas Occupations
Code as well all powers, duties, rights, and obligations relating to the regulation
of riding stables.
§48.1.Purpose.
§48.2.Definitions.
§48.3.Standards.
§48.4.Veterinary Inspection.
§48.5.Certificate of Registration.
§48.6.Certificate of Registration Renewal.
§48.7.Registration and Renewal Fee.
§48.8.Penalties.
§48.9.Denial, Suspension, and Revocation of a Certificate of Registration.
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 4, 2003.
TRD-200304696
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 719-0714
4 TAC §§51.1, 51.3, 51.4, 51.9, 51.14
The Texas Animal Health Commission (commission) proposes
amendments to Chapter 51, entitled, "Entry Requirements." The amendments are
proposed to §§51.1, 51.3, 51.4, 51.9 and 51.14. The purpose of the
amendments to Chapter 51 is to adjust some of the existing entry requirements
in response to recent animal health related events. Also, the commission is
proposing some amendments for the purpose of clarification.
The commission adopted, last year, a new Chapter 51, entitled "Entry Requirements."
The purpose of this Chapter is to consolidate all of the commission's animal
health entry requirements into one chapter. The rules were published for comment
in the March 29, 2002 issue of the
Texas Register
(27 TexReg 2386) and the adoption was published in the June 14, 2002
issue of the
Texas Register
(27 TexReg 5025).
Prior to the adoption, the commission had entry requirements spread through
12 different chapters. Those requirements were generally located in chapters
designated for a specific species or disease. In order to provide a more cohesive
organization of the agency's regulatory requirements, the commission is in
the process of consolidating all the entry requirements into one chapter.
This chapter is designed to provide for a centralized location for all general,
exceptions and special requirements. The specific entry requirements are then
located by species with specific requirements delineated by disease. The commission
believes this will provide a more user-friendly format for someone to use
who is trying to comply with legal requirements when bringing livestock into
Texas. Also, the commission believes this effort will help insure consistency
with the various requirements.
The commission is still in the process of relocating the entry requirements
from disease or species specific chapters. In particular, the commission is
moving the entry requirements for swine from Chapter 55 entitled, "Swine."
This movement is part of the consolidation process as well as it affords the
commission the opportunity to modify the entry requirements to reflect the
fact that Texas has attained a new Stage IV status for Pseudorabies under
the federal program.
The commission is also adjusting requirements for out-of-state poultry
that enter Texas to participate in a show, fair or exhibition. Recent outbreaks,
in this and other states, have significantly impacted the poultry industry.
The recent outbreak of low path Avian Influenza (AI) raised the commission's
concern for the potential exposure for the Texas poultry industry. Low pathogenic
AI is an infectious and contagious disease that has been detected in the last
year in several states. AI subtypes H5 and H7 are of particular concern due
to their potential for trading sanctions not only for Texas but the entire
United States poultry industry, and the potential for developing into highly
pathogenic forms of the disease. The normal movement of poultry and poultry
products from any state in which avian influenza virus is present and spreading
may pose a major and direct threat to Texas poultry. The commission recently
adopted new entry requirements for AI testing of live poultry brought into
this state. This was aimed at substantially reducing the risk of introduction
of this contagious and infectious disease to this State.
Also, the Commission recently quarantined the county of El Paso because
of the existence of Exotic Newcastle Disease (END). END is a viral disease,
which can affect nearly all species of fowl and is recognized as communicable
by the veterinary profession. The disease is considered to be a serious threat
to Texas poultry and fowl. END is recognized by the United States Department
of Agriculture as a foreign animal disease which is highly contagious and
can cause nearly 100 percent death loss in susceptible fowl. The commission
is amending the requirements for poultry entering Texas shows, fairs and exhibitions
in order to minimize the possibility for an out-of-state bird to bring a disease
into Texas. In particular, the concentrated nature of a show, fair and exhibition
increases the risk of disease transmission coupled with the devastating possibility
of exposing other flocks throughout the state through movement of the returning
birds. If one bird was incubating the disease, and not detected, it would
spread the disease to other birds that could then expose other flocks through
movement. The most serious Texas case of this nature, and demonstrating a
virus' capability to spread, occurred in a swine show in Lubbock. An animal,
incubating pseudorabies, was shipped from out-of-state for the show. As a
result of viral contamination, more than 1,500 swine in 100 Texas herds were
quarantined and tested with 300 swine in 36 of the herds shown to be infected.
Additionally, swine from 17 other states were contaminated at the show. Situations
like this demonstrate the need for disease surveillance at such events.
The commission is amending the "accredited veterinarian" definition in §51.1
to more accurately reference the correct federal citation as stated in "Title
9 of the Code of Federal Regulations," Parts 160 and 161.
The commission is also amending the same §51.1, for the definition
of "waybill" to coincide with the federal definition that a waybill is a document
used for livestock moving directly to a "USDA specifically approved" livestock
market, as well as serve as "a document used for poultry moving directly to
a federally inspected slaughter plant."
The commission is amending §51.3 (a), regarding exceptions for a certificate
of veterinary inspection and entry permit. Section 51.3(a)(3) is being amended
to more clearly indicate that for compliance with the exception these animals
must be "accompanied by a waybill." Also, clarification was included in the
same subsection regarding "to a" livestock market.
The commission is adding a new subsection to §51.3(a), for steers,
spayed heifers and cattle under 18 months of age delivered to a feedlot for
feeding for slaughter by the owner or consigned there and accompanied by a
waybill. The purpose of this exception is allowing movement to a feedlot facility
where assurances are in place to prevent disease spread into the general cattle
population.
The commission is also adding a new subsection to §51.3(c), regarding
exceptions for an entry permit, and adding §51.3(c)(6) for sheep and
goats consigned from out-of-state. The Scrapie Eradication Program identification
requirements provide tracking or tracing capability. Therefore, permitting
is not necessary.
The commission is also adding a new subsection to §51.3(c), regarding
exceptions for an entry permit, and adding §51.3(c)(7). This section
provides that entry permits are not required for swine consigned from out-of-state
directly to slaughter or from an out-of-state premise of origin to a Texas
livestock market specifically approved under Title 9 of the Code of Federal
Regulations, Part 76. That is a current requirement that was previously located
in Chapter 55 and is being relocated here under the consolidation process.
The commission is also adding a new subsection to §51.3(c), regarding
exceptions for an entry permit, and adding §51.3(c)(8). This section
provides that entry permits are not required for swine that originate from
an approved Swine Commuter Herd. That is a current requirement that was previously
located in Chapter 55 and is being relocated here under the consolidation
process.
The commission is amending §51.4(a)(1), regarding out-of-state or
area origin participants at shows, fairs and exhibitions in Texas. This amendment
removes the exception for poultry participants from getting an entry permit.
Currently, the commission requires all other poultry, entering Texas, to obtain
an entry permit. The commission feels for reasons provided above, in response
to the recent occurrences of AI and END, that in order to be protective of
the state fowl industries, it is necessary to require a permit for out-of-state
poultry shown at Texas shows, fairs and exhibitions.
The commission is amending §51.4(a)(2) regarding out-of-state or area
origin participants at shows, fairs and exhibitions in Texas. Poultry entered
in terminal public exhibition shall be accompanied by a certificate of source
which indicates the flock origin. Chickens or turkeys entering in a non-terminal
public exhibition shall be accompanied by a certificate of veterinary inspection.
The certificate of source for poultry in a terminal show conforms to the state
exhibition requirement for participation. The health certificate requirement
for non-terminal shows will provide greater assurances regarding the health
status for the birds as well as be the source document for declaration for
accomplishment of test requirements.
Also, the commission is stating the requirements for the necessary information
on a certificate of veterinary inspection as well as including requirements
for poultry as provided in Chapter 57 entitled, "Poultry." The certificate
of veterinary inspection shall state that poultry have been inspected and
are free of evidence of infectious or contagious disease; that the poultry
have been vaccinated only with approved vaccines, as provided by §57.10(12)
of this title, and poultry have not originated from an area that has had an
active disease, reportable to the commission, as provided by §45.2 of
this title, within thirty days of entry. In particular, the commission wants
to ensure that poultry have been vaccinated only with vaccines that are authorized
for use in Texas. The reason is because some vaccines authorized for use in
other states can be shed by vaccinated birds. These shed vaccine viruses may
result in clinical disease and mortality in exposed non-vaccinated Texas birds.
Also, the commission wants to ensure that poultry do not come from areas experiencing
an outbreak of certain avian disease that could be devastating to the state.
Chapter 45 of the Commission rules identifies avian diseases which are reportable
to the commission. This list of Reportable Diseases is of concern to the commission
because of the potential to have a devastating impact on the poultry industry.
The commission wants to ensure that birds do not originate from an area experiencing
such a disease because of the potential for exposure. The requirement does
not require an out-of-state veterinarian to report the disease to the commission
but rather provides a laundry list of avian diseases that are generally considered
to be foreign animal diseases and of great concern to the commission.
All poultry from out-of-state currently must have either a flock or individual
negative test for Avian Influenza and the test must be indicated on the certificate
of veterinary inspection. This is a current requirement covered in §51.15
(b) for all out-of-state poultry entering Texas and the commission is restating
the requirement in §51.4 (a) (2) to ensure compliance.
The commission is removing some current language from the rule, regarding
a current negative pullorum-typhoid test, because it is duplicative of what
is already provided by that subsection. The language being removed states
that "poultry shall originate from flocks or hatcheries free of pullorum disease
and fowl typhoid or have a negative pullorum-typhoid test within 30 days before
exhibition." That requirement is already stated in the rule.
The commission is amending §51.4(b)(3), in-state origin animals at
shows, fairs and exhibitions, to specifically reference the applicable out-of-state
entry requirements.
The commission is amending §51.4(4) regarding exhibition swine originating
in Texas and removing the exemption for swine, entered in terminal shows,
from the leptospirosis vaccination requirements. The reason is the commission
does not currently have an independent test requirement for leptospirosis
testing and as such there is not a need for a stated exemption for exhibition
swine.
The commission is amending §51.9(a)(1), exotic cervidae, to recognize
that these animals can also originate from a Brucellosis Certified Free Herd
in order to comply with the Brucellosis test requirement. Regarding the requirement
for a tuberculosis test, the commission is recognizing that exotic cervidae
can originate from an "Accredited Free Herd." The commission is also including
a specific reference for susceptible species (i.e., "elk") to meet the Chronic
Wasting Disease requirements as provided by §51.10 of this chapter (relating
to Entry Requirements for Cervidae).
The commission is amending §51.9(a)(4), regarding "Exotic Swine" to
ensure the requirements are the same as for domestic swine as provided by §51.14
of this chapter (relating to Entry Requirements for Swine).
The commission is amending §51.14, Swine, to provide for the entry
requirements as currently provided for in §55.6 of this chapter (relating
to entry requirements for Swine). The commission is moving entry requirements
from Chapter 55 entitled, "Swine," as part of the consolidation requirements.
Also, the commission is adjusting those requirements to reflect the state
status change under the federal Pseudorabies swine disease program.
Mr. Bruce Hammond, Deputy Director for Administration and Finance, 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
commission currently administers the entry requirements and these amendments
do not create any additional fiscal implications. There will be no affect
to small or micro businesses.
Mr. Hammond 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 which can be found in one
chapter. The commission has made adjustments in the rule to conform to our
recently achieved swine health status and is including requirements for poultry
which are intended to be protective of Texas poultry.
In accordance with Government Code, §2001.022, this agency has determined
that the adopted 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 adopted 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, by
fax at (512) 719-0721 or by e-mail at "esmith@tahc.state.tx.us."
Chapter 51 is proposed under the following statutory authority
as found in Chapter 161 of the Texas Agriculture Code. The commission is vested
by statute, §161.041(a), with the requirement to protect all livestock,
domestic animals, and domestic fowl from disease. The commission is authorized,
by §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 §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 §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 §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. No
other statutes, articles, or codes are affected by the amendments.
§51.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise:
(1)
Accredited veterinarian--A licensed veterinarian who is
approved to perform specified functions required by cooperative state-federal
disease control
and
eradication programs pursuant to
Title
9 of the
Code of Federal Regulations, Parts 160 and 161.
(2)
Animal--Includes livestock, exotic livestock, domestic
fowl, and exotic fowl.
(3)
Assembly--Boarding stables, boarding pastures, breeding
farms, parades, rodeos, roping events, trail rides, and training stables.
(4)
Certificate of veterinary inspection--A document signed
by an accredited veterinarian that shows the livestock, poultry, exotic livestock,
or exotic fowl listed were inspected and subjected to tests, immunizations,
and treatment as required by the commission. Certificates are valid for 45
days for equine and 30 days for all other species.
(5)
Cervidae--Deer, elk, moose, caribou and related species
in the Cervidae family, raised under confinement or agricultural conditions
for the production of meat or other agricultural products or for sport or
exhibition, and free-ranging cervidae when they are captured for any purpose.
(6)
Commission--The Texas Animal Health Commission.
(7)
Commuter Flock--A National Poultry Improvement Plan (pullorum-typhoid
clean or equivalent) flock in good standing with operations in participating
states that are under single ownership or management control whose normal
operations require interstate movement of hatching eggs and/or baby poultry
without change of ownership for purposes of hatching, feeding, rearing or
breeding. The owner or representative of the company owning the flock and
chief animal health officials of participating states of origin and destination
must have entered into a signed "Commuter Poultry Flock Agreement."
(8)
Commuter Cattle 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.
(9)
Commuter Swine Herd--A swine herd 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 swine 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.
(10)
Equine interstate passport--A document signed by an accredited
veterinarian that shows the equine listed were inspected, subjected to tests,
immunizations and treatment as required by the issuing state animal health
agency, and contains a description of the equine listed. The passport is valid
for six months when accompanied by proof of an official negative EIA test
within the previous six months. Permanent individual animal identification
in the form of a lip tattoo, brand or electronic implant is required for all
equine approved for the equine interstate passport. This document is valid
for equine entering from any state that has entered into a written agreement
to reciprocate with Texas.
(11)
Equine identification card--A document signed by the owner
and a brand inspector or authorized state animal regulatory agency representative
that lists the animal's name and description and indicates the location of
all identifying marks or brands. This document is valid for equine entering
from any state which has entered into a written agreement to reciprocate with
Texas.
(12)
Exotic livestock--grass-eating or plant-eating, single-hooved
or cloven-hooved mammals that are not indigenous to this state and are known
as ungulates, including animals from the swine, horse, tapir, rhinoceros,
elephant, deer, and antelope families.
(13)
Exotic fowl--any avian species that is not indigenous
to this state. The term includes ratites.
(14)
Livestock--cattle, horses, mules, asses, sheep, goats,
and hogs.
(15)
Interstate show--A show, fair, or exhibition that permits
livestock and poultry from other states to enter for show or exhibition and
be held in common facilities with Texas origin livestock and poultry of the
same species.
(16)
Permit--A document recognized by the commission with specified
conditions relative to movement, testing and vaccinating of animal which is
required to accompany the animal entering, leaving or moving within the State
of Texas.
(A)
"E" permit--Premovement authorization for entry of animal
into the state by the Texas Animal Health Commission. The "E" PERMIT states
the conditions under which movement may be made, and will provide any appropriate
restrictions and test requirements after arrival. The permit is valid for
15 days.
(B)
VS 1-27 (VS Form 1-27)--A premovement authorization for
movement of animals to restricted designations.
(17)
Sponsor--An owner or person in charge of an exhibition,
show or fair.
(18)
Waybill--A document used for livestock moving directly
to a
USDA specifically approved
livestock market, quarantined feedlot,
or slaughter plant
or a document used for poultry moving directly to
a federally inspected slaughter plant.
The waybill contains the following
information:
(A)
name and address of owner or shipper;
(B)
point of origin;
(C)
number and type of livestock
and/or poultry;
(D)
purpose of movement; and
(E)
destination.
§51.3.Exceptions.
(a)
Exceptions for a certificate of veterinary inspection and
entry permit.
(1)
Cattle 18 months of age and over delivered directly from
the farm of origin to slaughter or a USDA specifically approved livestock
market by the owner or consigned there and accompanied by a waybill;
(2)
Cattle 18 months of age and over entering from other than
a farm-of-origin may be moved to slaughter, to a designated pen, or to a quarantined
feedlot when accompanied by a VS 1-27 Form on which each animal is individually
identified. Brucellosis test data shall be written on the VS 1-27 Form which
includes the test date and results;
(3)
Steers, spayed heifers, cattle under 18 months of age,
delivered to slaughter
and accompanied by a waybill
or
to
a
livestock market by the owner or consigned there and accompanied by
a waybill;
(4)
steers, spayed heifers and
cattle under 18 months of age delivered to a feedlot for feeding for slaughter
by the owner or consigned there and accompanied by a waybill;
(5)
[
(6)
[
(7)
[
(b)
Exceptions for a certificate of veterinary inspection.
Equine may enter Texas when consigned directly to a veterinary hospital or
clinic for treatment or for usual veterinary procedures when accompanied by
a permit number issued by the Texas Animal Health Commission. Following release
by the veterinarian, equidae must be returned immediately to the state of
origin by the most direct route.
(c)
Exceptions for an entry permit.
(1)
Swine consigned from out-of-state directly to slaughter
or from an out-of-state premise of origin to a Texas livestock market specifically
approved under the Code of Federal Regulations, Part 76;
(2)
Swine that originate from an approved Swine Commuter Herd;
(3)
Poultry that originate from an approved Poultry Commuter
Flock;
(4)
Cattle that originate from an approved Cattle Commuter
Herd;
(5)
Equine accompanied by a valid equine interstate passport
or equine ID card and a completed VS Form 10-11 showing negative results to
an official EIA test within the previous six months.
(6)
Sheep and goats consigned from
out-of-state.
(7)
Entry permits are not required
for swine consigned from out-of-state directly to slaughter or from an out-of-state
premise of origin to a Texas livestock market specifically approved under
Title 9 of the Code of Federal Regulations, Part 76.
(8)
Entry permits are not required
for swine that originate from an approved Swine Commuter Herd.
§51.4.Shows, Fairs and Exhibitions.
(a)
Out-of-state or area origin.
(1)
Animals entering for exhibition and sale shall be accompanied
by a certificate of veterinary inspection and a permit for entry. Livestock
[
(2)
Poultry, meaning chickens or turkeys, entered in terminal
public exhibition events shall be accompanied by a certificate of source which
identifies the flock of origin. Poultry entering in a non-terminal public
exhibition shall be accompanied by a certificate of veterinary inspection.
The certificate of veterinary inspection shall state that poultry have been
inspected and are free from evidence of infectious or contagious diseases;
that the poultry have been vaccinated only with approved vaccines, as provided
by §57.10 (12) of this title, and poultry have not originated from an
area that has had an active avian disease, as provided by §45.2 of this
title, within thirty days of entry. Poultry entering the state for public
exhibition, from other states, must have either a negative flock or individual
bird test for Avian Influenza, within thirty days of entry, and the results
of such test shall be recorded on or attached to the certificate of veterinary
inspection.
For poultry the certificate shall also state that they have
passed a negative test for pullorum
-
typhoid within 30 days prior
to shipment or that [
(3)
Cattle. Vaccination for brucellosis is not required for
cattle from Class Free States.
(4)
Equine may enter shows, fairs, exhibitions or assemblies
without a certificate of veterinary inspection when accompanied by a valid
equine interstate passport or equine identification card and a completed VS
Form 10-11 showing negative results to an official EIA test within the previous
six months. Horses entering a pari-mutuel track must have a negative EIA test
within the past 12 months and a Certificate of Veterinary Inspection.
(b)
In-state origin.
(1)
Equine. Must have had a negative EIA test within the past
12 months if entering a show, fair, exhibition, or assembly. Horses entering
a pari-mutuel track must have a negative EIA test within the past 12 months
and a Certificate of Veterinary Inspection. Foals less than eight months of
age, as evidenced by the lack of the eruption of the third pair of upper incisors,
nursing a negative dam are exempt from testing.
(2)
Breeding rams. May enter shows, fairs, and exhibitions
without a test for
Brucella ovis
if they originate
in Texas. (See: §51.12 of this title relating to Entry Requirements for
Sheep).
(3)
Other livestock [
(4)
Exhibition swine originating in Texas. These swine entered
in terminal shows are exempt from brucellosis[
§51.9.Exotic Livestock and Fowl.
(a)
Exotic Livestock. The following named species entering
the State of Texas shall meet the specific requirements in paragraphs (1)-(4)
of this subsection:
(1)
Exotic cervidae--
Originates from a Certified Free
Herd
or
negative
[
(2)
Exotic Bovidae--Negative to a brucellosis test within 30
days prior to entry. Negative to a tuberculosis test within 60 days prior
to entry.
(3)
Camelidae--Negative to a brucellosis and axillary skin
test for tuberculosis within six months prior to entry on all animals 18 months
of age and older. All neutered camelidae are exempt from the Brucellosis test
requirements.
(4)
Exotic Swine-
See §51.14 of this chapter (relating
to Entry Requirements for Swine.)
[
(b)
Exotic Fowl. Ratites entering the State of Texas shall
meet the specific requirements listed in paragraphs (1)-(4) of this subsection:
(1)
Each bird will be individually identified with an implanted
electronic device (microchip). The identification will be shown on the certificate
of veterinary inspection along with the location and name brand of the implanted
electronic device. If an animal has more than one implanted microchip, then
the location, microchip number, and name brand of each will be documented
on the certificate of veterinary inspection. Birds or hatching eggs must originate
from flocks that show no evidence of infectious disease and have had no history
of Avian Influenza in the past six months. In addition, each bird must be
tested and found to be serologically negative for Avian Influenza and Salmonella
pullorum-typhoid from a sample collected within 30 days of shipment. A bird
serologically positive for Avian Influenza may be admitted if a virus isolation
test via cloaceal swab conducted within 30 days of shipment is negative for
Avian Influenza. The testing is to be performed in a state approved diagnostic
laboratory in the state of origin. Serologically positive birds admitted under
this section must be held under quarantine on the premise of destination in
Texas for virus isolation retest.
(2)
Ratites destined for slaughter only may enter Texas accompanied
by an entry permit and either a waybill or health certificate without meeting
the requirements of paragraph (1) of this subsection.
(3)
All ratites originating within Texas and changing ownership
or being offered for public sale or sold by private treaty within the state
must be individually identified with an implanted electronic device, a tag
or band.
(4)
All identification must be maintained in the sale records
for consignments to a public sale or in the records of the buyer and seller
when the animals are sold at private treaty. These records must be maintained
for a period of three years.
§51.14.Swine.
(a)
Swine imported into Texas for
feeding, breeding, or exhibition purposes shall be accompanied by a certificate
of veterinary inspection certifying that:
(1)
swine have not been fed garbage, either raw
or cooked;
(2)
swine have not been exposed to hog cholera or
pseudorabies;
(3)
swine have not been vaccinated for pseudorabies;
and
(4)
swine have been permanently identified (eartag,
earnotched, or number tattoo).
(b)
Swine not known to be infected
with or exposed to pseudorabies may enter provided they:
(1)
are tested negative within 30 days prior to
entry and then held in isolation and under quarantine on the premise where
first unloaded and tested or retested for PRV in not less than 30 nor more
than 60 days after arrival. Feeder swine are exempt from the retest; or
(2)
originate from a qualified PRV-negative herd;
or
(3)
are shipped directly from a farm of origin in
a Stage IV or free state as described in the National PRV Program; or
(4)
originate from and are sold at an approved feeder-pig
market in a Stage IV or free state and enter the state directly from that
market.
(c)
Additionally, breeding swine
shall have a negative brucellosis test within the previous 30 days or originate
from a validated brucellosis-free herd or state and shall be vaccinated within
the previous 30 days with Leptospirosis vaccine containing the following strains:
Bratislava, Canicola, Hardjo, Icterohaemorrhagiae, Grippotyphosa, and Pomona.
(d)
Exhibition swine originating
in Texas entered in terminal shows are exempt from brucellosis and pseudorabies
requirements.
(e)
Swine imported into Texas for slaughter
purposes shall either be consigned directly to slaughter or to a federally
approved livestock market where a VS 1-27 will be issued to accompany them
to slaughter following sale.
[
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 4, 2003.
TRD-200304697
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 719-0714
Chapter 51.
ENTRY REQUIREMENTS
(4)
] Swine and poultry delivered
to slaughter by the owner or consigned there and accompanied by a waybill;
(5)
] Baby poultry which have not
been fed or watered if from a national poultry improvement plan (NPIP) or
equivalent hatchery, and accompanied by NPIP Form 9-3 or Animal and Plant
Health Inspection Service (APHIS) Form 17-6, or have an approved "Commuter
Poultry Flock Agreement" on file with the state of origin and the Texas Animal
Health Commission; and
(6)
] Steers, spayed heifers, and
cattle under 18 months of age originating in New Mexico which are accompanied
by a New Mexico official certificate of livestock inspection.
and poultry
] entering only for exhibition purposes are required
to be accompanied by a certificate of veterinary inspection.
they
]
the birds
originate from
flocks which have met the pullorum-typhoid requirements of the Texas Pullorum-Typhoid
Program and/or the National Poultry Improvement Plan. [
Poultry shall
originate from flocks or hatcheries free of pullorum disease and fowl typhoid
or have a negative pullorum-typhoid test within 30 days before exhibition.
]
and poultry
] shall meet the
same requirements as for those entering from out-of-state, and be accompanied
by a certificate of veterinary inspection when entering shows, fairs, and
exhibitions that are determined to be interstate.
Poultry see §51.4(a)(2)
of this Section
.
, leptospirosis
],
and pseudorabies testing [
and vaccination
] requirements.
Negative
] to a brucellosis test
within 30 days prior to entry. Tuberculosis test requirements see §51.10
(d)
of this chapter (relating to Entry Requirements for Cervidae).
Susceptible species (i.e. elk) must meet the Chronic Wasting Disease requirements,
see §51.10(a)-(c) of this chapter (relating to Entry Requirements for
Cervidae).
Negative to a brucellosis and
pseudorabies test within 30 days prior to entry. Swine from a pseudorabies
qualified or a brucellosis validated free herd are exempt from that test requirement.
]
All swine must meet the requirements
contained in §55.6 of this title (relating to Entry Requirements).
]
Chapter 55.
SWINE