Part 2. TEXAS ANIMAL HEALTH COMMISSION
Subchapter A. CATTLE AND BISON
The Texas Animal Health Commission (Commission) proposes amendments to Chapter 43, §43.2, concerning Tuberculosis. This proposal adds a new subsection (n) regarding dairy cattle moving intrastate. The Commission will have a forty-five day comment period for this proposal.
The commission proposes a new subsection (n) which is entitled "Intrastate Movement of Dairy Cattle." The requirement provides that all dairy cattle being transported within Texas shall be identified by official identification or identification approved by the Commission. The reason for the requirement is based on the risk of tuberculosis exposure from untested dairy cattle for tuberculosis.
The United States Department of Agriculture (USDA) recently approved the state of Texas tuberculosis designation as being accredited-free. The classification designation by USDA declaring Texas as an accredited free state frees the state from the tuberculosis testing requirements for Texas cattle moving interstate. However in obtaining that status the Commission had all dairy cattle in Texas tested for Tuberculosis. To ensure that the state maintains a Tuberculosis Free Status the Commission has in place a tuberculosis test requirement for dairy cattle entering Texas. Recently several states, such as New Mexico and Arizona have disclosed tuberculosis in dairy herds raising the risk and concern for Texas dairy cattle. In order to have any meaningful surveillance for tuberculosis and minimizing the risk of exposure to tuberculosis, identification is the key component to surveillance. For that purpose the Commission is proposing that all dairy cattle being transported within Texas shall be identified by official identification or identification approved by the Commission.
FISCAL NOTE
Mike Jensen, Deputy Director for Administration and Finance, Texas Animal Health Commission, has determined that for the first five-year period the amendments are in effect, there will be no additional fiscal implications for state or local government as a result of enforcing or administering the amended rule. The fiscal impact can not be fully assessed for individuals complying with the requirements. The agency's regulatory functions pose no significant fiscal costs to individuals; it will recur de minimis costs, but such costs are ordinary costs of commerce and doing intra- and interstate commerce. The requirements are intended to protect the overall animal health industries in Texas from exposure to diseases and the general cost of compliance with the requirements is not intended to create a financial hardship but rather be a typical cost of moving animals in commerce without posing a disease risk. There will be no effect on small or micro businesses.
PUBLIC BENEFIT NOTE
Mr. Jensen also has determined that for each year of the first five years the amendments are in effect, the public benefit anticipated as a result of enforcing the amendments will be clear and concise regulations which can be found in one chapter.
LOCAL EMPLOYMENT IMPACT STATEMENT
In accordance with Government Code, §2001.022, this agency has determined that the adoption of the amended 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 adoption of the amended 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 is, therefore, compliant with the Private Real Property Preservation Act in Government Code, Chapter 2007.
REQUEST FOR COMMENT
Comments regarding the proposed amendments 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." The Commission will have a forty-five day comment period for this proposal.
STATUTORY AUTHORITY
The amendments to §43.2 are 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 amendments.
§43.2.General Requirements.
(a) - (m) (No change.)
(n) Intrastate Movement of Dairy Cattle. All dairy cattle being transported within Texas shall be identified prior to movement with official identification devise or identification devise approved by the Commission.
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 May 25, 2007.
TRD-200702078
Gene Snelson
General Counsel
Texas Animal Health Commission
Proposed date of adoption: July 23, 2007
For further information, please call: (512) 719-0700
The Texas Animal Health Commission (TAHC or Commission) proposes amendments to Chapter 47, §47.2, concerning Approved Personnel. This proposal amends the general requirements in §47.2. The amendment authorizes an approved veterinarian's technician or other approved employee to operate under the general supervision of a TAHC approved veterinarian to perform testing for brucellosis at a livestock market. This corresponds to the current authorization found in the rules for the Texas Board of Veterinary Medical Examiners (TBVME). TBVME has a rule located in 22 TAC §573.10 which provides that "(a)n approved veterinarian's technician or other approved employee may operate under the general supervision of a TAHC approved veterinarian may perform testing for brucellosis at a livestock market." This will make the Commission's rule consistent with the TBVME rule.
FISCAL NOTE
Mike Jensen, Deputy Executive Director of Administration, Texas Animal Health Commission, has determined that for the first five-year period the amendments are in effect, there will be no significant fiscal implications for state or local government as a result of enforcing or administering the amended rule. The costs of pre-testing blood samples for brucellosis prior to shipment to slaughter are significantly lower than the cost of resources required to perform trace and testing activities after a positive is discovered at slaughter. There will be no effect on small or micro businesses. There will be no effect to individuals required to comply with the amendments as proposed.
PUBLIC BENEFIT NOTE
Mr. Jensen also has determined that for each year of the first five years the amendments are in effect, the public benefit anticipated as a result of enforcing the amended rule will be more efficient use of state resources by identifying and segregating any potential positive animals prior to shipment to slaughter, which significantly reduces trace and additional herd testing costs.
LOCAL EMPLOYMENT IMPACT STATEMENT
In accordance with Government Code, §2001.022, this agency has determined that the proposed amended rule will not impact local economies.
TAKINGS ASSESSMENT
The agency has determined that the proposed governmental action will not affect private real property. The proposed amended rule is 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.
REQUEST FOR COMMENT
Comments regarding the proposed amendments may be submitted to Dolores Holubec, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0721 or by e-mail at "comments@tahc.state.tx.us."
STATUTORY AUTHORITY
The amendments to §47.2 are 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. In Chapter 163 there is §163.064, entitled "Testing and Vaccination", which provides that "(o)nly a person approved by the commission may perform testing and vaccinating for brucellosis, regardless of whether the person is a veterinarian."
No other statutes, articles, or codes are affected by the amendments.
§47.2.General Requirements.
This regulation sets the standards for personnel who perform work in the Texas Bovine Brucellosis Program pursuant to the Texas Agriculture Code, §163.064. Personnel may perform bovine brucellosis work in Texas as follows.
(1) - (3) (No change.)
(4) An approved veterinarian's technician or other employee must work under the direct supervision of an approved veterinarian while performing brucellosis work as permitted herein except an approved employee who is only collecting blood samples on animals to be consigned directly from the ranch to slaughter and submitting them to the state/federal laboratory for testing may do so under general supervision. An approved veterinarian's technician or other approved employee may operate under the general supervision of a TAHC approved veterinarian may perform testing for brucellosis at a livestock market. The approved veterinarian is responsible for assuring that approved veterinarian's technicians and other employees working under his/her supervision comply with all TAHC regulations.
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 May 25, 2007.
TRD-200702079
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: July 8, 2007
For further information, please call: (512) 719-0700
The Texas Animal Health Commission (Commission) proposes amendments to Chapter 49, concerning Equine. This proposal adds new §49.4, regarding reporting and handling requirements for equine carriers of Equine Viral Arteritis (EVA).
Texas equine producers, veterinarians and livestock health officials have become increasingly concerned about EVA, which has recently been detected in New Mexico and Utah this year. EVA is an infectious viral disease of horses that causes a variety of clinical symptoms, most significantly abortions. The disease is transmitted through both the respiratory and reproductive systems. Many horses are either asymptomatic or exhibit flu-like symptoms for a short period of time. An abortion in pregnant mares is often the first, and in some cases, the only sign of the disease. EVA has been confirmed in a variety of horse breeds, with the highest infection rate found in adult Standardbreds.
Breeders, racehorse owners, and show horse owners all have strong economic reasons to prevent and control this disease. While it does not kill mature horses, EVA can eliminate an entire breeding season by causing numerous mares to abort. In addition, U.S. horses that test positive for EVA antibodies and horse semen from EVA-infected horses can be barred from entering foreign countries. While some infected equine exhibit no signs of disease, owners should be alert and notify their accredited private veterinary practitioner if horses or foals develop signs of EVA, including fever, depression, diarrhea, coughing or nasal discharge, or swelling of the legs, body or head.
An Equine Working Group, with representatives of the Quarter Horse and Thoroughbred industries, the Texas Veterinary Medical Association, the Texas Racing Commission, equine practitioners, along with Commission staff met to discuss and make recommendations relative to EVA. The Equine Working Group made recommendations to add some specific requirements for breeding of stallion carriers of EVA.
The Commission proposes a new §49.4, to be entitled, "Equine Viral Arteritis (EVA): Reporting and Handling of Infected Equine." In subsection (a) there are EVA classifications for reporting purposes. The rule then provides three objective standards for reporting an equine as being EVA positive. EVA was recently proposed as a disease, to be reported to the Commission. Texas Agriculture Code Chapter 161, §161.101 has requirements for a veterinarian, veterinary diagnostic laboratory or a person having care, custody, or control of an animal to report specified animal health diseases. The Commission has reporting requirements and specifies specific reportable diseases in Chapter 45 of the Commission's rules. The proposal of §45.2 was published for comment in the February 23, 2007 issue of the Texas Register (32 TexReg 689).
Subsection (b) provides that the owners, managers or caretakers of EVA carrier stallions shall provide written notification, to owners of mares that are to be bred to the EVA carrier stallion, either by live cover or artificial insemination, that the stallion is a EVA carrier and that the mare could become infected with EVA through breeding to the carrier stallion. Also the rule provides that the Executive Director may restrict movement of equine epidemiologically deemed to be a high risk for the spread of EVA.
FISCAL NOTE
Mike Jensen, Deputy Director for Administration and Finance, Texas Animal Health Commission, has determined that for the first five-year period the rule is in effect, there will be no additional fiscal implications for state or local government as a result of enforcing or administering the rule. There will be no effect on small or micro businesses. There will be no effect to individuals required to comply with the rule as proposed.
PUBLIC BENEFIT NOTE
Mr. Jensen also has determined that for each year of the first five years the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be clear and concise regulations which can be found in one chapter.
LOCAL EMPLOYMENT IMPACT STATEMENT
In accordance with Government Code, §2001.022, this agency has determined that the adoption of the 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 adoption of the 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 is, therefore, compliant with the Private Real Property Preservation Act in Government Code, Chapter 2007.
REQUEST FOR COMMENT
Comments regarding the proposal 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 new section 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 new rule.
§49.4.Equine Viral Arteritis (EVA): Reporting and Handling of Infected Equine.
(a) EVA classification for reporting purposes:
(1) Carrier Stallion. A stallion that has been determined through virus isolation, positive PCR tests on semen, breeding to naive mares or any combination of procedures to shed EVA virus in semen.
(2) EVA caused abortion. An abortion in mares which has been determined to have been caused by EVA virus through a combination of clinical symptoms and laboratory procedures, including virus isolation or positive PCR tests on fetal tissues or placenta.
(3) EVA respiratory disease. A respiratory disease determined to have been caused by EVA virus through a combination of clinical history, clinical symptoms and laboratory results, including positive PCR test results on naso-pharyngeal or conjunctival swabs, or whole blood; virus isolation; or four-fold increase in serological titers on blood samples collected 14 to 21 days apart.
(b) The owners, managers or caretakers of EVA carrier stallions shall provide written notification, to owners of mares that are to be bred to the EVA carrier stallion, either by live cover or artificial insemination, that the stallion is a EVA carrier and that the mare could become infected with EVA through breeding to the carrier stallion.
(c) The Executive Director may restrict movement of equine epidemiologically deemed to be a high risk for the spread of EVA.
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 May 25, 2007.
TRD-200702080
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: July 8, 2007
For further information, please call: (512) 719-0700
4 TAC §§51.3, 51.8, 51.9, 51.13, 51.15
The Texas Animal Health Commission (Commission) proposes amendments to Chapter 51, Entry Requirements, §§51.3, 51.8, 51.9, 51.13 and 51.15. The purpose of the amendments to Chapter 51 is to provide new entry requirements as well as clarify existing entry requirement for animals entering Texas from out of state. The Commission will have a forty-five day comment period for this proposal.
The Commission adds the term "beef" to §51.3(a) which has exceptions for having an entry permit and a certificate of veterinary inspection. The term is added to subsection (a)(2), (4), (5) and (8) to clarify and ensure that only beef cattle, not dairy cattle, qualify for the exceptions.
The Commission is amending entry requirements regarding cattle as found in §51.8(a). In subsection (a) there are entry requirements for Brucellosis. The Commission recently amended the requirements for brucellosis to provide that all cattle being shipped to a feedyard prior to slaughter shall be officially individually identified with a permanent identification device prior to leaving the state of origin. However the entry requirement is focused on cattle which are Brucellosis test eligible. Test eligible cattle are cattle which are parturient or postparturient 18 months of age and over (as evidenced by the loss of the first pair of temporary incisor teeth), except steers and spayed heifers. The Commission is adding that definition to clarify the entry requirement.
Also in §51.8(b)(3) there are entry requirements for all sexually intact dairy cattle. The requirements are focused on tuberculosis test for entry into Texas. The Commission put these requirements in place in order to protect the Texas dairy cattle industry where Tuberculosis is a risk. This risk and concern is further demonstrated by the fact that several other states have recently disclosed tuberculosis in dairy herds. The greatest concern is New Mexico with a significant amount of movement of cattle between both states. The Commission has in place a tuberculosis test requirement with the test eligible age as indicated at six months. However the tuberculosis test can be done on an animal from two months of age and up. There is a fairly significant amount of movement of animals which are less than six months of age. Dairies located in the Texas Panhandle and in New Mexico will ship their baby heifers to a facility where they can be grown as replacement heifers and return to their dairy farm of origin. These animals may go from one state to another before the age of two months. Because these animals are commingled with other heifers from other facilities which creates a risk for tuberculosis spread. It is imperative that the animals be tested prior to return. To address this issue and concern the Commission is lowering the test eligible age for tuberculosis testing from six months to two months.
Also the Commission is adding a new test requirement for M branded roping steers entering from another state. The Commission currently requires that all M branded roping steers have an annual test with them when participating in shows, fairs and exhibitions. However, the animals are not currently required to have a tuberculosis test when entering Texas from another state. The Commission is adding a new subsection (b)(4) which will provide that "all "M" brand steers, which are recognized as potential rodeo and/or roping stock, being imported into Texas from another state shall be accompanied by a certificate of veterinary inspection which indicates that the animal(s) were tested negative for tuberculosis within twelve months prior to entry into the state."
In §51.9 the Commission is clarifying the requirement that exotic swine must be tested for brucellosis and pseudorabies.
Regarding §51.13 the Commission is adding entry requirements for equine or semen of equine are positive for Equine Viral Arteritis (EVA). The Commission is currently amending Chapter 45, concerning Reportable Diseases to require the reporting of known positives for EVA and Equine Herpes Virus-1 (EHV-1). Texas Agriculture Code Chapter 161, §161.101 provide requirements related to the duty of a veterinarian, veterinary diagnostic laboratory or a person having care, custody, or control of an animal to report specified animal health diseases. The Commission has promulgated reporting requirements and specifies specific reportable diseases in Chapter 45 of the Commission's rules.
Texas equine producers, veterinarians and livestock health officials have become increasingly concerned about EVA, which has recently been detected in New Mexico and Utah this year. EVA is an infectious viral disease of horses that causes a variety of clinical symptoms, most significantly abortions. The disease is transmitted through both the respiratory and reproductive systems. Many horses are either asymptomatic or exhibit flu-like symptoms for a short period of time. An abortion in a pregnant mares is often the first, and in some cases, the only sign of the disease. EVA has been confirmed in a variety of horse breeds, with the highest infection rate found in adult Standardbreds.
Breeders, racehorse owners, and show horse owners all have strong economic reasons to prevent and control this disease. While it does not kill mature horses, EVA can eliminate an entire breeding season by causing numerous mares to abort. In addition, U.S. horses that test positive for EVA antibodies and horse semen from EVA-infected horses can be barred from entering foreign countries. While some infected equine exhibit no signs of disease, owners should be alert and notify their accredited private veterinary practitioner if horses or foals develop signs of EVA, including fever, depression, diarrhea, coughing or nasal discharge, or swelling of the legs, body or head.
An Equine Working Group, with representatives of the Quarter Horse and Thoroughbred industries, the Texas Veterinary Medical Association, the Texas Racing Commission, equine practitioners, along with Commission staff met to discuss and make recommendations relative to EVA. The Equine Working Group made recommendations to add some specific requirements for equine and semen of equine which are positive or potentially exposed to EVA and want to enter Texas.
The recommendations, as they relate to entry requirements are: 1) develop importation regulations that require persons selling EVA carrier stallions from another state or country to a buyer in Texas, or a person otherwise importing a carrier stallion into Texas to notify the buyer or receiver of the stallion, in writing, that the stallion is an EVA carrier stallion; 2) develop importation regulations to require owners of EVA carrier stallions who ship semen from the carrier stallion into Texas to notify, in writing, the owners or managers of mares to be inseminated that the semen is from an EVA carrier stallion and that the mare could become EVA infected through insemination with infective semen; and 3) develop importation regulations which prohibit entry of equine that originate from a quarantined area, assure that equine being imported do not exhibit clinical signs of EVA, and equine being imported have a rectal temperature of 101° F or less at the time of examination for entry. The Commission adds those recommendations to §51.13 by adding a new subsection (c) with those specific requirements.
Regarding §51.15 which has test requirements for Poultry. Currently the Commission has avian influenza test requirements for poultry entering Texas. The Commission is deleting the test term Directigen as the designated test and replacing it with the RRT-PCR test.
Before the development of the RRT-PCR test to detect avian influenza in poultry, the Directigen test was the only alternative to serology for determining the avian influenza health status of poultry. The Directigen test, approved for detecting virus in humans, never received approval for use as a test for poultry; RRT-PCR is approved for testing poultry. Therefore the TAHC is proposing to delete the reference to Directigen in §51.15 and add RRT-PCR as an approved test.
Although never approved for detecting avian influenza virus in poultry, the Directigen test, a test designed for use in human testing, was the only alternative to serology for determining the avian influenza health status of poultry, prior to the development of the RRT-PCR test. The RRT-PCR is a reliable test and is approved for detecting the virus in poultry. Therefore the TAHC is proposing to delete the reference to Directigen in §51.15 and add RRT-PCR as an approved test.
FISCAL NOTE
Mike Jensen, Deputy Director for Administration and Finance, Texas Animal Health Commission, has determined that for the first five-year period the amendments are in effect, there will be no additional fiscal implications for state or local government as a result of enforcing or administering the amended rules. The fiscal impact can not be fully assessed on individuals complying with the requirements. The agency's regulatory functions pose no significant fiscal costs to individuals; it will recur de minimis costs, but such costs are ordinary costs of commerce and doing intra- and interstate commerce. The requirements are intended to protect the overall animal health industries in Texas from exposure to diseases and the general cost of compliance with the requirements is not intended to create a financial hardship but rather be a typical cost of moving animals in commerce without posing a disease risk. There will be no effect on small or micro businesses.
PUBLIC BENEFIT NOTE
Mr. Jensen also has determined that for each year of the first five years the amendments are in effect, the public benefit anticipated as a result of enforcing the amended rules will be clear and concise regulations which can be found in one chapter.
LOCAL EMPLOYMENT IMPACT STATEMENT
In accordance with Government Code, §2001.022, this agency has determined that the adoption of the amended rules 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 adoption of the amended rules is 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 is, therefore, compliant with the Private Real Property Preservation Act in Government Code, Chapter 2007.
REQUEST FOR COMMENT
Comments regarding the proposed amendments may be submitted to Delores Houlbec, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0721 or by e-mail at "comments@tahc.state.tx.us." The Commission will have a forty-five day comment period for this proposal.
STATUTORY AUTHORITY
The amendments are 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 authority 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 authority 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. Section 161.101 provides that the Commission may require a veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal to report the existence of specific diseases among livestock, exotic livestock, bison, domestic fowl, or exotic fowl.
No other statutes, articles, or codes are affected by the amendments.
§51.3.Exceptions.
(a) Exceptions for a certificate of veterinary inspection and entry permit.
(1) (No change.)
(2) Beef 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) (No change.)
(4)
Beef steers
[
Steers
], spayed heifers,
beef
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;
(5) Beef steers, spayed heifers and beef 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;
(6) - (7) (No change.)
(8)
Beef steers
[
Steers
], spayed heifers, and
beef
cattle under 18 months of age originating in New Mexico
which are accompanied by a New Mexico official certificate of livestock inspection.
(9) (No change.)
(b) - (c) (No change.)
§51.8.Cattle.
(a) Brucellosis requirements. All cattle must meet the requirements contained in §35.4 of this title (relating to Entry, Movement and Change of Ownership). Cattle , which are parturient, postparturient, or 18 months of age and over (as evidenced by the loss of the first pair of temporary incisor teeth), except steers and spayed heifers, being shipped to a feedyard prior to slaughter shall be officially individually identified with a permanent identification device prior to leaving the state of origin.
(b) Tuberculosis requirements.
(1) - (2) (No change.)
(3) All sexually intact dairy cattle, that are
two (2)
[
6
] months of age or older may enter provided that they
are officially identified, and are accompanied by a certificate stating that
they were negative to an official tuberculosis test conducted within 60 days
prior to the date of entry. All sexually intact dairy cattle that are less
than
two (2)
[
six
] months of age must obtain a entry
permit from the Commission, as provided in §51.2(a) of this title (relating
to General Requirements), to a designated facility where the animals will
be held until they are tested negative at the age of
two (2)
[
six
] months. Animals which originate from a tuberculosis accredited
herd, and/or animals moving directly to an approved slaughtering establishment
are exempt from the test requirement.
Dairy cattle delivered to an approved
feedlot for feeding for slaughter by the owner or consigned there and accompanied
by certificate of veterinary inspection with a entry permit issued by the
commission are exempt from testing unless from a restricted herd.
In
addition all sexually intact dairy cattle originating from a state or area
with anything less than a tuberculosis free state status shall be tested negative
for tuberculosis in accordance with the appropriate requirements for states
or areas with a status as provided by Title 9 of the Code of Federal Regulations,
Part 77, Sections 77.10 through 77.19, for that status, prior to entry with
results of the test recorded on the certificate of veterinary inspection.
(4) All "M" brand steers, which are recognized as potential rodeo and/or roping stock, being imported into Texas from another state shall be accompanied by a certificate of veterinary inspection which indicates that the animal(s) were tested negative for tuberculosis within twelve months prior to entry into the state.
(5)
[
(4)
] All other cattle from foreign
countries, foreign states, or areas within foreign countries defined by the
Commission, with comparable tuberculosis status, would enter by meeting the
requirements for a state with similar status as stated in paragraphs (1),
(2) and (3) of this subsection.
(6)
[
(5)
] All sexually intact cattle,
from any foreign country or part thereof with no recognized comparable Tuberculosis
status.
(A) To be held for purposes other than for immediate slaughter or feeding for slaughter in a quarantined feedlot or designated pen, must be tested at the port of entry into Texas under the supervision of the port veterinarian, and shall be under quarantine on the first premise of destination in Texas pending a negative tuberculosis test no earlier than 120 days and no later than 180 days after arrival. The test will be performed by a veterinarian employed by the TAHC or APHIS/VS.
(B) When destined for feeding for slaughter in a quarantined feedlot or designated pen, cattle must be tested at the port-of-entry into Texas under the supervision of the port veterinarian; moved directly to the quarantined feedlot or designated pen only in sealed trucks; accompanied with a VS 1-27 permit issued by TAHC or USDA personnel; and "S" branded prior to or upon arrival at the feedlot.
(7)
[
(6)
] Cattle originating from Mexico.
(A) All sexually intact cattle shall meet the requirements
provided for in paragraph
(6)
[
(5)
] of this subsection.
(B) Steers and spayed heifers from Mexico shall meet the federal importation requirements as provided in Title 9 of the Code of Federal Regulations, Part 93, Section 93.427, regarding importation of cattle from Mexico. In addition to the federal requirements, steers and spayed heifers must be moved under permit to an approved pasture, approved feedlot, quarantined feedlot, designated pen or approved pens.
(C) Cattle utilized as rodeo and/or roping stock shall meet
the requirements set out in paragraph
(6)
[
(5)
](A) of
this subsection and the applicable requirement below:
(i) All sexually intact cattle shall be retested annually for tuberculosis at the owner's expense and the test records shall be maintained with the animal and available for review.
(ii) All sexually neutered horned cattle imported from Mexico are recognized as potential rodeo and/or roping stock and must:
(I) be tested for tuberculosis at the port of entry under the supervision of the USDA port veterinarian, and
(II) be moved by permit to a premise of destination and remain under Hold-Order, which restricts movement, until permanently identified by methods approved by the commission, and retested for tuberculosis between 60 and 120 days after entry at the owner's expense. The cattle may be allowed movement to and from events/activities in which commingling with other cattle will not occur and with specific permission by the TAHC until confirmation of the negative post entry retest for tuberculosis can be conducted, and
(III) be retested for tuberculosis annually at the owner's expense and the test records shall be maintained with the animal and available for review.
(D) Regardless of reproductive status, test history, or Mexican State of origin, Holstein and Holstein cross cattle are prohibited from entering Texas.
(E) All cattle moved into Texas from Mexico shall be identified with an "M" brand prior to moving to a destination in Texas.
(F) A copy of the certificate issued by an authorized inspector of the United States Department of Agriculture, Animal and Plant Health Inspection Service, for the movement of Mexico cattle into Texas must accompany such animals to their final destination in Texas, or so long as they are moving through Texas.
§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) - (3) (No change.)
(4) Exotic Swine--
Tested negative to pseudorabies and
brucellosis within 30 days prior to entry or originate from a brucellosis
validated free and psuedorabies qualified free herd, in addition to an entry
permit and a certificate of veterinary inspection.
[
See §51.14
of this chapter (relating to Entry Requirements for Swine.
]
(b) (No change.)
§51.13.Equine.
(a) - (b) (No change.)
(c) Equine Viral Arteritis (EVA):
(1) Owners, shippers or exporters of EVA carrier stallions, as defined in §49.4 of this title (relating to Equine Viral Arteritis (EVA): Reporting and Handling for Breeding of Infected Equine), which are to be imported into Texas, shall notify the buyer or receiver of the stallion, in writing, prior to shipment into the state, that the stallion is an EVA carrier stallion. The equine shall be accompanied by a certificate veterinary inspection , on which the carrier status of the stallion is notated.
(2) Owners of EVA carrier stallions, who intend to ship semen from the carrier stallion into Texas, shall notify, in writing, the owners, managers or caretakers of mares to be inseminated that the semen is from an EVA carrier stallion and that the mare could become EVA infected through insemination with infective semen.
(3) Any equine that originate from an area quarantined, excluding a quarantined facility, for EVA, must be accompanied by a certificate of veterinary inspection which states that the animal does not exhibit clinical signs of EVA, and that the equine had a rectal temperature of 101° F. or less at the time of examination for entry. EVA carrier stallions shall also comply with paragraph (1) of this subsection.
§51.15.Poultry.
(a) (No change.)
(b) Live domestic poultry, except those entering for slaughter and processing at a slaughter facility owned or operated by the owner of the poultry entering, may enter Texas only under the following circumstances:
(1) - (2) (No change.)
(3) The domestic poultry originate from a flock in which a
minimum of 30 birds, 4 weeks of age or older, or the complete flock, if fewer
than 30, are serologically negative to an Enzyme Linked Immunosorbent Assay
(ELISA) or Agar Gel Immunodiffusion (AGID) test for Avian Influenza within
30 days of entry or a minimum of 10 birds (e.g. two pools of 5 birds per house)
are tested negative on trachea swabs to a
real-time reverse-transcriptase
polymerase chain reaction (RRT-PCR)
[
Directigen (R)
] test
within 30 days of entry or negative to other tests approved by the Commission;
the shipment shall be accompanied by a Certificate of Veterinary Inspection
listing the general description of the birds, test date, test results, and
name of testing laboratory.
(4) Live domestic poultry from states affected with Avian Influenza
may enter Texas for slaughter and processing only under the following circumstances:
A minimum of 30 birds per flock are serologically negative to an ELISA or
AGID test for Avian Influenza within 72 hours of entry, or a minimum of 10
birds (e.g., two pools of 5 birds per house) are tested negative on tracheal
swabs to a
RRT-PCR
[
Directigen (R)
] test within 72 hours
of entry or negative to other tests approved by the TAHC, and specific written
permission has been granted.
(5) (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 May 25, 2007.
TRD-200702081
Gene Snelson
General Counsel
Texas Animal Health Commission
Proposed date of adoption: July 23, 2007
For further information, please call: (512) 719-0700
The Texas Animal Health Commission (TAHC or Commission) proposes amendments to Chapter 53, concerning Market Regulation. This proposal amends §53.5 regarding market recordkeeping.
Recently a Brucellosis Eradication Working Group (BEWG) was formed to review the brucellosis program; identify challenges and inconsistencies in the Texas brucellosis program; and make recommendations to the Commission for completion of the brucellosis eradication program in Texas. The group consisted of representatives from the cattle and marketing industries, veterinary practitioners, USDA and TAHC. The BEWG met two times to review and discuss the Brucellosis program and identified items and issues needing further deliberation. There was discussion on length of time records should be kept. The Subcommittee recommendation was to extend the record-keeping requirement to seven years, since almost everyone must currently keep some records for seven years. Members did not believe that the extra retention time would pose a significant burden. The extended time requirement will aid in identifying the sources and movements of animals that have long incubating diseases. Also they recommend that the name, address and vehicle license plate number be recorded on market check-in documents for all livestock checked in for sale at livestock markets. The Commission proposes those changes to §53.5.
FISCAL NOTE
Mike Jensen, Deputy Director for Administration and Finance, Texas Animal Health Commission, has determined that for the first five-year period the amendments are in effect, there will be no additional fiscal implications for state or local government as a result of enforcing or administering the amended rule. There will be no effect on small or micro businesses. There will be no effect to individuals required to comply with the amendments as proposed.
PUBLIC BENEFIT NOTE
Mr. Jensen also has determined that for each year of the first five years the amendments are in effect, the public benefit anticipated as a result of enforcing the amendments will be clear and concise regulations which can be found in one chapter.
LOCAL EMPLOYMENT IMPACT STATEMENT
In accordance with Government Code, §2001.022, this agency has determined that the adoption of the amended 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 adoption of the amended 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 is, therefore, compliant with the Private Real Property Preservation Act in Government Code, Chapter 2007.
REQUEST FOR COMMENT
Comments regarding the proposed amendments 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 amendments to §53.5 are 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 amendments.
§53.5.Market Recordkeeping.
(a) A market must maintain records of all cattle consigned
to the market
[
that are parturient or postparturient or 18 months
of age or older
]. The records must show the buyer's and seller's names
and addresses, county of origin of the cattle, number of animals, delivery
vehicle license number, and a description of each animal including sex, age,
color, breed, brand, and individual identification such as eartag, bangle
tag, backtag, tattoo, or firebrand. Such records must be maintained for a
minimum of
seven
[
two
] years after the date of the transaction
and must be made available for inspection by Texas Animal Health Commission
(TAHC) representatives.
(b) A market must maintain records of all swine sold including
the buyer's and seller's names and addresses, county of origin of the swine,
number of animals, delivery vehicle license number, and a description of each
animal, including sex, age, color, breed, and individual identification such
as eartag, bangle tag, earnotch, backtag, or slap tattoo. Such records must
be maintained for a minimum of
seven
[
two
] years after
the date of the transaction and must be made available for inspection by TAHC
representatives.
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 May 25, 2007.
TRD-200702082
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: July 8, 2007
For further information, please call: (512) 719-0700
(Editor's note: The text of the following section proposed for repeal will not be published. The section 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 (Commission) proposes the repeal of §59.8, concerning a Memorandum of Understanding (MOU) with Travis County. The Commission proposes to terminate the MOU. The MOU authorizes and permits the Travis County Sheriff's Department to check health certificates during the performance of their other duties. The MOU is specifically authorized by §161.052 of the Texas Agriculture Code. The MOU was originally executed at the request of the Travis County Sheriff's Department in 2000. The statute requires that both entities reaffirm the MOU on an annual basis. During the renewal process the Travis County Sheriff's Department determined that they did not want to maintain the MOU and asked to have it rescinded. The Travis County Commissioner's Court at their February 6, 2007 meeting voted to terminate the MOU. That action can be found in the Travis County Minutes available online as item Number 23 at http://www.co.travis.tx.us/commissioners_court/minutes/2007/02/070206vs.pdf.
FISCAL NOTE
Mike Jensen, Assistant Executive Director of Administration, Texas Animal Health Commission, has determined for the first five-year period the repeal is in effect, there will be no additional fiscal implications for state or local government as a result of enforcing or administering the repeal. Implementation of this repeal poses no significant fiscal impact on small or micro-businesses. There will be no effect to individuals required to comply with the repeal as proposed.
PUBLIC BENEFIT NOTE
Mr. Jensen also has determined that for each year of the first five years the repeal is in effect, the public benefit anticipated as a result of enforcing the repeal will be that the program will reflect the proposed national standard.
LOCAL EMPLOYMENT IMPACT STATEMENT
In accordance with Government Code, §2001.022, this agency has determined that the proposed repeal 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. These proposed repeal is 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 is, therefore, compliant with the Private Real Property Preservation Act in Government Code, Chapter 2007.
REQUEST FOR COMMENT
Comments regarding the proposed repeal may be submitted to Dolores Holubec, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0721 or by e-mail at "comments@tahc.state.tx.us."
STATUTORY AUTHORITY
The repeal is proposed under the Texas Agriculture Code, Chapter 161, §161.041(a) and (b), and §161.046 which authorizes the Commission to promulgate rules in accordance with the Texas Agriculture Code. Section 161.052 authorizes the Commission to adopt a joint memorandum of understanding that includes provisions under which the sheriff of that county or the sheriff's deputies are to check for health papers and permits.
No other statutes, articles, or codes are affected by the repeal.
§59.8.Memorandum of Understanding on Cooperation with the Travis County Commissioners Court.
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 May 25, 2007.
TRD-200702083
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: July 8, 2007
For further information, please call: (512) 719-0700