4 TAC §49.1
The Texas Animal Health Commission (Commission) adopts amendments
to §49.1(m), regarding movement of untested equine to slaughter, without
changes to the proposed text as published in the March 11, 2005, issue of
the
Texas Register
(30 TexReg 1381) and will
not be republished. This section is being amended to add specific language
and requirements for the movement of equine from a market to slaughter. In
Chapter 161 of Texas Animal Health Commission, §161.149, there is a statutory
requirement regarding the transfer of ownership of equine where there must
be a negative test for equine infectious anemia (E.I.A.), unless the animal
is covered by an exception. One exception is that the equine be "sold to slaughter,
to be tested at the slaughter facility at Commission expense." This requirement
was promulgated into regulation and located in §49.1(l).
Currently when equine are sold through a market without a test and destined
for slaughter they are permitted using a VS 1-27 form and identified with
a red collar, with a number, and issued by the commission. However there has
been a problem identified by our field personnel regarding the difficulty
of verifying the arrival of those equine. There seems to be several possible
explanations including removal of the red collar before our personnel can
verify arrival, or a number of the animals are never taken to slaughter, but
rather diverted to be resold. Because this transfer process is not specifically
stated in the requirements an initial step to hopefully remedy the problem
is provide greater specificity in our requirements regarding this process.
This will provide these slaughter horse buyers with specific requirements
to follow as well as give the agency stronger compliance options.
Section 49.1(m) is being amended because it already has language regarding
movement of equine to slaughter. The commission is inserting language to indicate
that the requirement is applicable to any equine sold, "without a negative
EIA test through a market," which conforms to §49.1(l). The commission
is modifying the existing requirement of being on a VS-1-27 and utilizing
language to state that the equine are "permitted for movement, by an accredited
veterinarian or other authorized state or federal personnel, to slaughter"
because it will provide for greater flexibility in the permitting process.
The permit shall be signed by the consignor and contain information regarding
permanent identification (i.e. branding, tagging or other means acceptable
to the commission) of the equine, or by using the number on the red collar
issued by the commission. This information will be verified at arrival at
the slaughter facility. This is intended to provide a specifically stated
requirement which is applicable to a person who buys a horse for slaughter.
The requirements are also being amended to provide for a timeframe for arrival
at slaughter to ensure greater accountability by the buyer or consignor. These
equine shall arrive at the slaughter facility no later than ten days from
the date of the issuance of the permit. This is because some buyers take a
very long time to actually take the permitted animal to slaughter which makes
verification more difficult on agency personnel.
No comments were received regarding adoption of the amendments.
The amendments to §49.1 are adopted 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. That
authority is found in §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. A written instrument, including a quarantine or written notice
signed under that authority, has the same force and effect as if signed by
the entire commission.
Section 161.061 provides that if the commission determines that a disease
listed in §161.041 of this code or an agency of transmission of one of
those diseases exists in a place in this state or among livestock, exotic
livestock, domestic animals, domestic fowl, or exotic fowl, or that a place
in this state where livestock, exotic livestock, domestic animals, domestic
fowl, or exotic fowl 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.
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 June 6, 2005.
TRD-200502260
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: June 26, 2005
Proposal publication date: March 11, 2005
For further information, please call: (512) 719-0714