Part 2. TEXAS ANIMAL HEALTH COMMISSION
The Texas Animal Health Commission ("TAHC" or "Commission") adopts amendments to Chapter 55, §55.3 concerning the Feeding of Garbage to Swine, without changes to the proposed text as published in the March 14, 2008, issue of the Texas Register (33 TexReg 2099) and will not be republished.
Section 55.3 contains requirements for registration of people who feed unrestricted garbage to swine.
This adoption will add an explicit requirement that the swine will need to be tested by the Commission for pseudorabies and Brucellosis. Because these permitted operations can be a high risk for diseases the Commission believes that the swine should be tested for pseudorabies and Brucellosis as part of the regulatory process in order to protect against the risk of exposure. Brucellosis and pseudorabies and other diseases are of concern to the Commission because of the high risk that may be transmitted among swine or to other species of livestock. This added requirement by the Commission allows the agency to require a test or tests of swine on the registered location at any time the Commission determines that the risk is sufficient, based on a risk assessment, to warrant a test. The amendment is being added in §55.3(c) under permit requirements. Language was also added to state that as determined by disease risk assessment to require the testing of swine for diseases determined to pose a risk to other swine. The test will be performed by agency personnel.
No comments were received regarding adoption of the rule.
STATUTORY AUTHORITY
The amendment is adopted 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. Also §165.026 of the Texas Agriculture Code provides the Commission with specific statutory authority to regulate and register people who feed unrestricted garbage to swine. Specifically, in subsection (c) it provides that "(t)he commission may adopt rules for registration under this section, including rules providing for registration issuance, revocation, and renewal, disease tests, inspections, bookkeeping, and appropriate handling and treatment of unrestricted garbage."
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 May 22, 2008.
TRD-200802694
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: June 11, 2008
Proposal publication date: March 14, 2008
For further information, please call: (512) 719-0700