Part 2.
TEXAS ANIMAL HEALTH COMMISSION
Chapter 43.
TUBERCULOSIS
Subchapter A. CATTLE
4 TAC §43.2
The Texas Animal Health Commission (commission) adopts amendments
to Chapter 43, entitled "Tuberculosis", §43.2, concerning Interstate
Movement Requirements, without changes to the proposed text as published in
the December 24, 2004, issue of the
Texas Register
(29 TexReg 11834) and will not be republished.
The purpose of this amendment is to move the current entry requirements
for Tuberculosis from Chapter 43 to Chapter 51 as part of the process to consolidate
entry requirements into one regulatory chapter. This adoption removes those
current requirements as they are being adopted for inclusion in Chapter 51, §51.8(b),
regarding entry requirements for "Tuberculosis". In its place the commission
is adding a reference to §51.8(b).
No comments were received regarding adoption of the rule.
Chapter 43 is adopted 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 161.061 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 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 February 24, 2005.
TRD-200500860
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: March 16, 2005
Proposal publication date: December 24, 2004
For further information, please call: (512) 719-0714
4 TAC §§51.3, 51.8, 51.10 - 51.12, 51.14
The Texas Animal Health Commission (commission) adopts amendments
to Chapter 51, entitled "Entry Requirements", §§51.3, 51.8, 51.10
- 51.12 and 51.14, without changes to the proposed text as published in the
December 24, 2004, issue of the
Texas Register
(29
TexReg 11836) and will not be republished.
The amendments are in regards to entry requirements for cattle for tuberculosis
and sheep and goats for Scrapie. These requirements are being relocated from
their existing locations in Chapter 43 for Tuberculosis and for Chapter 60
for Scrapie and continues a long term process to consolidate all of the commission's
animal health entry requirements into one chapter.
In order to provide a more cohesive organization of the agency's regulatory
requirements, the commission is in the process to consolidate all the entry
requirements into one chapter. This chapter is organized by providing 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 throughout the various requirements
through the consolidation efforts.
Tuberculosis: The purpose of this adoption is to move the move the interstate
movement requirements for Tuberculosis into Chapter 51. At the same time the
commission making changes to the current requirements is to put in place test
requirements for sexually intact dairy cattle moving interstate and coming
to Texas. Also the rule is repealing the current specific entry requirement
for cattle coming from Michigan in order to allow those animals to move in
accordance with test requirements related to their USDA Tuberculosis status.
The commission is amending old §43.2(a) and inserting the term "beef"
and "sexually neutered dairy cattle" into the regulation in order to recognize
that those cattle may enter without a test in accordance with the federal
standards. The rule ensures the distinction between which animals are exempt
from the tuberculosis test requirements and which are not.
The commission is adding a new subsection, §43.2(c), to require that
all sexually intact dairy cattle originating from a tuberculosis free state,
or area, that are 6 months of age or older need to be officially identified,
and are accompanied by a certificate stating they were negative to an official
tuberculosis test conducted within 60 days prior to the date of movement.
The reason for this requirement is that during fiscal year 2004, there
were 6 dairy herds disclosed with tuberculosis infection in the U.S. Three
of these herds were located in states that were recognized as TB free (Arizona
and New Mexico). California and Texas have also lost their free status within
the last 3 years due to newly disclosed infection in dairy herds. The investigation
of the sources of the disease indicates that the initial infection may have
entered the herds through replacement cattle purchased from herds in other
state, which are recognized as TB free. Dairy heifer replacements appear to
be an emerging pathway for TB infection.
Thirty-four states already require a current negative test on sexually
intact dairy animals entering from other "free" states. This test requirement
is a reflection of the concerns that some states of "free" status, may have
some unknown risk of TB infection in their dairy animals because of inadequate
slaughter surveillance, incomplete epidemiology on pending investigations,
and unacceptable caudal fold response rates for private veterinarians performing
field tests. There are currently 7 investigations underway to disclose the
source of US dairy feeder animals disclosed at slaughter, in FY 2004.
The TAHC has recently completed the testing of all dairies in Texas. In
testing 807 dairies, and over 335,000 head of cattle, one infected dairy was
disclosed. Now that the dairy testing is completed, it is equally important
that the TAHC adopt the proposed TB test entry requirement to ensure that
the disease is not reintroduced into the state's dairy industry. Because of
the continuing threat of TB in dairy replacement animals, any sexually intact
animals that enter Texas under 6 months of age (without a test), will be restricted
until they receive a negative test upon reaching 6 months of age
The new subsection also exempts animals, which originate from a tuberculosis
accredited herd, and animals moving directly to an approved slaughtering establishment,
from the test requirement.
Also the commission is repealing current subsections related to specific
entry requirements for cattle coming from Michigan. The reason for those entry
requirements is that Michigan had quarantined an area of that state because
of tuberculosis. However recently Michigan has been granted zonal status for
bovine tuberculosis program. USDA recently amended their bovine tuberculosis
regulations, contained in 9 CFR part 77, and entitled ''Tuberculosis'', and
established two separate zones with different risk classifications for the
State of Michigan. In Section 77.9, entitled "Modified accredited advanced
States or zones" the regulation provides that all of the State of Michigan
has that status except for the zone that comprises those counties or portions
of counties in Michigan described in Section 77.11(b). In Section 77.11(b)
the following area is defined as having the status of a modified accredited
zones: a zone in Michigan that comprises Alcona, Alpena, Antrim, Charlevoix,
Cheboygan, Crawford, Emmet, Montmorency, Oscoda, Otsego, and Presque Isle
Counties and those portions of Iosco and Ogemaw Counties that are north of
the southernmost boundary of the Huron National Forest and the Au Sable State
Forest. Animals from those zones can move into Texas in accordance with the
federal requirements for areas with that status and as provided in new subsection
(b). However for §51.10(d), related to entry requirements for Cervids
and §51.11 related to entry requirements for Goats the commission is
amending the special entry requirements for those two species coming from
Michigan. As noted above the state of Michigan has two different status areas
for Bovine Tuberculosis with the one area provided above. These different
status are for movement of cattle and not applicable for cervids or goats.
As such the commission is not changing those entry requirements but are reconfiguring
the affected Tuberculosis zone to conform to the zone designated by Michigan.
Also the commission is removing the stated requirement that they would
consider for repeal or amendment in April 2004 subsection (g)(2) and (3) of
this section because the commission is maintaining those requirements because
of an upcoming change in USDA requirements.
Scrapie: This adoption provides that all blackface ovine females and all
blackface crossbred females, except hair sheep, imported into the State of
Texas for breeding purposes shall originate from a Scrapie Certified Free
Flock or have documentation supporting that the animals are of the genotype
RR at codon 171 or AA at codon 136 and QR at codon 171.
Scrapie is a fatal degenerative disease affecting the central nervous system
of sheep and goats. It is a member of a family of diseases known as transmissible
spongiform encephalopathies (TSEs), which includes bovine spongiform encephalopathy
(mad cow disease) and chronic wasting disease (CWD) in deer and elk. It is
caused by a prion protein which causes destruction of brain tissue. Scrapie
is primarily transmitted from an infected female to her offspring or to other
young animals in the flock through contact with birthing tissues or fluids.
Clinical signs of the disease usually appear 2 to 5 years after the animal
becomes infected. A test which utilizes lymphoid tissue, commonly from the
third eyelid is the only recognized live animal test currently approved for
diagnosing scrapie in sheep. Use of the third eyelid test is limited to certain
genotypes of sheep and requires an adequate amount of lymphoid tissue to be
submitted.
Scrapie was first recognized as a disease of sheep in Great Britain and
Western Europe over 250 years ago. It was first diagnosed in the United States
in 1947. Since then, it has spread to flocks throughout the United States.
During calendar year 2001 in Texas, two infected flocks were disclosed. The
Scrapie Eradication Program began in 1952, but it was not successful. The
program was modified in the early 1980s utilizing bloodlines to identify "high
risk" animals. The American Sheep Industry Association (ASI) identified Scrapie
in the U.S. as a major impediment to being competitive in the marketing arena.
The National Scrapie Eradication Program was implemented by the USDA, APHIS,
on November 1, 2001, through the promulgation of new regulations in 9 CFR
Parts 54 and 79. These proposed rule changes in Chapter 60 are to support
the federal regulations.
The adopted rule is §60.3, entitled "Interstate Movement of Sheep
and Goats". It was requested by Texas Sheep and Goat Raisers Association to
try and assist in speeding up scrapie eradication in Texas. Texas receives
a large number of out of state sheep which greatly increase the exposure of
Texas sheep to Scrapie. There have been documented cases of out of state blackface
ewes being infected with Scrapie. The higher incidence of Scrapie in these
specific types of sheep has the United States Department of Agriculture focusing
surveillance on all mature black and mottled face sheep going to slaughter.
Because of the risk of exposure to Scrapie in these types of sheep and in
order to protect the Texas Sheep and Goat industry, the Commission is proposing
additional importation requirement on black faced and black faced crossbred
ewes to reduce the risk of importing Scrapie infected animals. The requirement
provides that all blackface ovine females imported into the State of Texas
for breeding purposes shall originate from a Scrapie Certified Free Flock
or have documentation supporting that the animals are of the genotype RR at
codon 171 or AA at codon 136 and QR at codon 171.
Genotype testing for susceptibility to Scrapie can be done through laboratories
approved by United States Department of Agriculture (USDA), Animal and Plant
Health Inspection Service (APHIS) Veterinary Services (VS). This approval
is in accordance with Title 9, Code of Federal Regulations, Part 54.11 and
Veterinary Services Memorandum Number 557.6. The approved laboratories are
eligible to conduct privately funded official Scrapie genotype testing. The
approval of laboratories to do official testing allows the producer to choose
from several laboratories to obtain official test results. These readily available
genotyping services will assist out of state producers in obtaining the required
test. This section is being moved from its current location in Chapter 60.
Subsection (a) from Chapter 60 is the only part not being included in this
adoption. The reason is that the information is redundant because those requirements
are found in other sections of Chapter 51.
Swine: Under Section 51.3(c) the commission is including as a exception
for having an entry permit that swine that originate from a Pseudorabies Stage
IV or V state or areas and Brucellosis free state or areas and are not vaccinated
for pseudorabies;
Section 51.14 is amended to allow feeder pigs to move into Texas while
being exempt from testing or other pseudorabies safeguard requirements as
long as they are permitted by the TAHC for entry, shipped directly to a designated
feedlot and remain restricted to that location until sent to slaughter.
No comments were received regarding adoption of the amendments.
Chapter 51 is adopted 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. 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 Section 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 February 24, 2005.
TRD-200500861
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: March 16, 2005
Proposal publication date: December 24, 2004
For further information, please call: (512) 719-0714
4 TAC §§55.1, 55.4, 55.5. 55.9
The Texas Animal Health Commission (commission) adopts amendments
to Chapter 55, entitled "Swine", §§55.1, 55.4, 55.5 and 55.9, without
changes to the proposed text as published in the December 24, 2004, issue
of the
Texas Register
(29 TexReg 11841) and
will not be republished.
The purpose of the amendments to Chapter 55 is to ensure commission rules
are accurately updated to comply with the Uniform Methods and Rules issued
by USDA Veterinary Services regarding the national Brucellosis and Pseudorabies
eradication programs. National standards are being enacted that define swine
production operations (commercial or transitional) based on exposure to feral
swine.
The changes are to §55.1, entitled "Testing Breeding Swine Prior to
Sale or Change of Ownership"; §55.4, "Livestock Markets Handling Swine"; §55.5,
"Pseudorabies" and §55.9, "Feral Swine". The Commission is also making
the appropriate changes to the state's entry requirements as found in Chapter
51.
Pseudorabies is a disease of swine that can also affect cattle, horses,
dogs, cats, sheep, goats, and other species. The disease is caused by Herpesvirus
suis. Pseudorabies virus affects different age classes differently. Very young
swine (piglets) usually show central nervous system signs and mortality may
approach 100%. Feeder swine more typically have respiratory signs and moderate
mortality but survivors become unthrifty. Mature swine may show mild intestinal
disease with little to no mortality. This virus may be spread on inanimate
objects, such as boots, clothing, feed, trucks, and equipment from herd to
herd and farm to farm. Pseudorabies can be prevented by tight biosecurity
and meticulous management with disease control and prevention in mind. Brucellosis
is a contagious disease of animal species that may affects humans. Although
brucellosis can attack many types of animals, our main concerns at this time
are related to infections in cattle, bison, and swine. The disease is known
as contagious abortion or Bang's disease. Brucellosis may be transmitted to
susceptible animals by contact with infectious materials from animals or from
an environment that has been contaminated with discharges from infected animals.
Unlike cattle, the disease in swine may be transmitted sexually. The disease
may also be spread between wild animals or domestic animals when there in
commingling.
Amendments: The commission is adding definitions to §55.1 for "Test
Eligible", "Commercial Production Swine", "Transitional Production Swine",
"Farm of Origin" and "Infected Herd". These are in order to incorporate standards
and terminology now utilized by USDA in their Brucellosis and Pseudorabies
Eradication programs. Also the commission is removing from §55.1(b)(1)
the limitation on testing at livestock markets when the weather is hot. The
current regulatory language is no longer acceptable under the federal programs.
In accordance with this change the commission is removing test requirements
contained in §55.4(i), which were hot weather requirements, and leaving
in the requirements of §55.4(j) as the year around requirements. In §55.4(b)
the commission is providing a clearer definition for test eligible swine that
more closely corresponds to the federal definition.
In §55.5(a) the commission is also adding definitions for "Commercial
Production Swine" and "Transitional Production Swine". In subsection (b) the
commission is adding standards necessary to be recognized as a producer of
commercial swine under the federal program. In subsection (c) the commission
provides that breeding swine sold or destined for slaughter are required to
be identified, using a method recognized by the commission, to the farm-of-origin.
This is also in order to meet the federal standards. Under the existing requirements
subsection (b) becomes subsection (d) with the additions noted above. Also
this section refers to action under quarantines and the commission is changing
that terminology from "quarantines" to "movement restrictions" because either
a quarantine or hold order may be used to restrict movement. The term quarantine
is being replaced with "movement restrictions" throughout this section.
The commission adds a subsection (e) which is entitled "Pseudorabies Management
of Infected, Exposed or Area Herds" This section identifies the herd management
options and actions, including timeframes, as established by the federal standards.
Under the existing requirements subsection (c) now becomes new subsection
(f) and provides that vaccination of swine with a PRV vaccine is prohibited
without written permission of the executive director. Written permission may
be granted only for use in high risk herds or as part of an approved herd-cleanup
plan.
Section 55.9 is amended to recognize the terms commercial or transitional
for location of a feral swine holding facility as well as to note that feral
swine shall not be intentionally commingled with commercial swine.
No comments were received regarding adoption of the rules.
Chapter 55 is adopted 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 161.061 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 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.
Chapter 165 of the Texas Agriculture Code and entitled "Control of Diseases
of Swine" has several sections which also provide statutory authority for
these amendments. Section 165.021, and entitled "Cooperation with United States
Department of Agriculture", provides that the commission may cooperate with
USDA in the eradication of swine diseases. Also 165.022 provides that may
adopt rules for the manner and method of eradicating swine diseases. Under
Section 165.023 the commission is authorized to adopt rules governing the
use of biologics.
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 February 24, 2005.
TRD-200500862
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: March 16, 2005
Proposal publication date: December 24, 2004
For further information, please call: (512) 719-0714
Chapter 51.
ENTRY REQUIREMENTS
Chapter 55.
SWINE
Chapter 60.
SCRAPIE