4 TAC §49.1
The Texas Animal Health Commission (Commission) proposes
an amendment to Chapter 49, §49.1, concerning "Equine." This proposal
amends §49.1(m) regarding movement of untested equine to slaughter. 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 as §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.
FISCAL NOTE
Mike Jensen, Deputy Director for Administration and Finance, Texas Animal
Health Commission, has determined for the first five-year period the amendment
is in effect, there will be no additional fiscal implications for state or
local government as a result of enforcing or administering the amended section.
PUBLIC BENEFIT NOTE
Mr. Jensen also has determined that for each year of the first five years
the amendment is in effect, the public benefit anticipated as a result of
enforcing the amendment will be clear and concise regulations which can be
found in one chapter. There will be no effect on large, micro- or small businesses.
There is no anticipated economic cost to persons who are required to comply
with the amendment as proposed.
LOCAL EMPLOYMENT IMPACT STATEMENT
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.
TAKINGS ASSESSMENT
The agency has determined that the proposed governmental action will not
affect private real property. The adopted rule is an activity related to the
handling of animals, including requirements concerning testing, movement,
inspection, identification, reporting 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.
REQUEST FOR COMMENT
Comments regarding the proposed amendment may be submitted to Delores Holubec,
Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by
fax at (512) 719-0721 or by e-mail at "comment@tahc.state.tx.us."
STATUTORY AUTHORITY
The amendment 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. 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.
No other statutes, articles, or codes are affected by the amendment.
§49.1.Equine Infectious Anemia (EIA): Identification and Handling of Infected Equine.
(a) - (l)
(No change.)
(m)
Any equine sold
, through a market, which has not had
a negative EIA test in the twelve months preceding the date of sale
[
to slaughter
] must be
permitted for movement, by an accredited
veterinarian or other authorized state or federal personnel, to slaughter.
The permit shall be signed by the consignor and contain information regarding
either permanent identification (i.e. branding, tagging or other means acceptable
to the commission) of the equine or by the number on a red collar, issued
by the commission, to be verified at the
[
accompanied by a VS Form
1-27 permit issued by an accredited veterinarian or other authorized state
or federal personnel when moved to a
] slaughter plant, slaughter-only
market, or slaughter-only buying facility.
These equine shall arrive
at the slaughter facility no later than ten days from the date of the issuance
of the permit.
(n) - (r)
(No change.)
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 February 28, 2005.
TRD-200500885
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: April 10, 2005
For further information, please call: (512) 719-0700