Proposed Rules Title 4

TITLE 4. AGRICULTURE

PART 2. TEXAS ANIMAL HEALTH COMMISSION

CHAPTER 45. REPORTABLE DISEASES

4 TAC §45.2

The Texas Animal Health Commission (TAHC or commission) proposes amendments to Chapter 45, concerning Reportable Diseases, §45.2, concerning Duty to Report. The Texas Agriculture Code, Chapter 161, §161.101 requirements provide for 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 to the TAHC. The commission has a specific list of diseases reportable in Chapter 45 of the commission rules. This proposal is for the purpose of modifying several elements of the rule. During the 81st Texas Legislative Session House Bill (HB) 4006 was passed and adopted, which modified the reportable disease requirement in §161.101.

Section 45.2 contains outdated language regarding requirements to report diseases to the agency. The current statute authorizes TAHC to adopt rules requiring the reporting of diseases to TAHC if the disease is named on "List A" of the Office International Des Epizooties (OIE). However, the OIE no longer maintains "List A." HB 4006 removes the reference to "List A" from the statute and specifies, in its place, a disease reportable to the OIE. The bill also adds three diseases to the list of diseases that must be reported to TAHC. Therefore, the commission is collaterally removing the distinction in §45.2(a) by removing the destination for a List A disease. Also, HB 4006 legislatively ratified three diseases already adopted in Chapter 45 as being reportable. They were Equine Viral Arteritis (EVA), Equine Herpes Virus-1 (EHV-1) and Bovine trichomonosis. As such the single asterisk is being removed as these diseases have now been supported by the legislative action. Lastly, the commission is proposing to remove Duck virus enteritis (Herpesvirus) as a reportable disease. It is no longer a listed Office International Des Epizooties Disease and is therefore recommended for removal.

FISCAL NOTE

Mrs. Angela Jenkins, Director of Financial Services, Texas Animal Health Commission, has determined 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. Implementation of this rule poses no significant fiscal impact on small or micro-businesses. There will be no economic costs to individuals required to comply with the rule as proposed.

PUBLIC BENEFIT NOTE

Mrs. Jenkins 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 allow us to be made quickly aware of specific diseases that may be diagnosed in this state.

LOCAL EMPLOYMENT IMPACT STATEMENT

In accordance with Government Code, §2001.022, this agency has determined that the proposed 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. This proposed 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 Delores 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 amendment 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 161.101 provides that the commission may adopt rules that require a veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal to report a disease not covered by subsection (a) or (b) if the commission determines that action to be necessary for the protection of animal health in this state. The commission shall immediately deliver a copy of a rule adopted under this subsection to the appropriate legislative oversight committees. A rule adopted by the commission under this subsection expires on the first day after the last day of the first regular legislative session that begins after adoption of the rule unless the rule is continued in effect by act of the legislature. HB 4006 relating to veterinarian reports of diseased animals was passed during the 81st Legislative Session and amended the requirements found in §161.101.

No other statutes, articles, or codes are affected by the amendments.

§45.2.Duty To Report.

(a) A veterinarian, a veterinary diagnostic laboratory or a person having care, custody, or control of an animal, shall report the existence of the following diseases among livestock, exotic livestock, domestic fowl, or exotic fowl to the commission within 24 hours after diagnosis. The following listing includes diseases and conditions that are Office International Des Epizooties [~~List A~~] Diseases, Foreign Animal Diseases, National Program Diseases or Texas Animal Health Commission Designated Diseases.

Figure: 4 TAC §45.2(a)

(b) (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 June 8, 2009.

TRD-200902287

Gene Snelson

General Counsel

Texas Animal Health Commission

Earliest possible date of adoption: July 19, 2009

For further information, please call: (512) 719-0700

CHAPTER 51. ENTRY REQUIREMENTS

4 TAC §51.8

The Texas Animal Health Commission (commission) proposes amendments to Chapter 51, concerning Entry Requirements, §51.8, concerning Cattle. The purpose of these amendments to Chapter 51 is to provide entry requirements and entry permits for agriculture animals. This proposal is regarding entry requirements for a trichomoniasis test for breeding bulls from Mexico, Canada and other foreign countries entering the state, as well as potential testing of exhibition bulls capable of breeding and staying within the state for more than sixty (60) days. Also, a permit requirement is being added for all "M" brand steers, which are recognized as potential rodeo and/or roping stock.

The commission is adding to §51.8(b)(4) the requirement that all "M" brand steers, which are recognized as potential rodeo and/or roping stock, imported into Texas from another state shall obtain an entry permit. The reason for this proposal is to ensure that all of these exhibition animals obtain a permit so that we can adequately account for those animals entering the state and meeting the existing test requirement. Without having them obtain permits we are able to assure compliance with our entry requirements only after entry and possible commingling with Texas cattle at an event. Because this group of animals constitutes a higher risk and concern for tuberculosis, the commission wants to ensure that we are able to identify those high risk animals and ensure they meet the test requirements.

Under our trichomoniasis entry requirements for cattle the commission is proposing to add additional requirements to ensure any potential breeding animals entering the state are trichomoniasis free or to determine if the animals are entering for a purpose other than breeding. This requirement is for all bulls entering Texas for the purpose of participating at fairs, shows, exhibition and/or rodeo, which are twelve (12) months of age or older and capable of breeding, to obtain a permit, in accordance with §51.2(a) of this chapter, prior to entry into the state. Bulls permitted for entry into the State of Texas under the provisions of this subsection shall not be commingled with female cattle or used for breeding. Bulls that stay in the state more than sixty (60) days must be tested negative for trichomoniasis with an official culture test or official Polymerase Chain Reaction (PCR) test. This proposed rule is intended to close a potential loophole through which animals that come to this state for the purpose of exhibition are diverted to use for breeding purposes, thus avoiding the entry testing requirements.

To ensure breeding bulls originating from Mexico are not infected with trichomoniasis, the commission is proposing to require that all breeding bulls, which are twelve (12) months of age or older, entering from Mexico, must enter on a permit to a premises of destination in Texas and remain under Hold Order until tested negative for Trichomoniasis.

The commission is also proposing the same test requirement on breeding bulls from Canada to make sure they meet the same standard.

FISCAL NOTE

Mrs. Angela Jenkins, Director for Finance, Texas Animal Health Commission, has determined for the first five-year period the rule is in effect, there will be no significant additional fiscal implications for state or local government as a result of enforcing or administering the rule. An Economic Impact Statement (EIS) is required if the proposed rule has an adverse economic effect on small businesses. The agency has evaluated the requirements and determined that there is not an adverse economic impact because these entry requirement are serving to protect all breeding animals in the state from being infected with Trichomoniasis and/or Tuberculosis from sources outside the state. Therefore, the commission has determined that there is not an adverse impact on the animals entering the state because the requirement is intended to protect the animals within the state and therefore there is no need to do an EIS. There will be no effect on small or micro businesses. There will be no economic costs to individuals required to comply with the rule as proposed.

PUBLIC BENEFIT NOTE

Mrs. Jenkins 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 to protect our livestock industry from exposure to Trichomoniasis from out of state breeding bulls as well as ensuring that rodeo animals must get a permit in order to ensure they are properly tested.

LOCAL EMPLOYMENT IMPACT STATEMENT

TAKINGS ASSESSMENT

The agency has determined that the proposed governmental action will not affect private real property. This proposed 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 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 "comments@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 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.

No other statutes, articles, or codes are affected by the amendments.

§51.8.Cattle.

(a) (No change.)

(b) Tuberculosis requirements.

(1) - (2) (No change.)

(3) All dairy breed animals, including steers and spayed heifers, shall be officially identified prior to entry into the state. All sexually intact dairy cattle, that are two (2) 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) months of age must obtain a entry permit from the Commission, as provided in §51.2(a) of this chapter [~~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) 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 zones 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 obtain a permit, prior to entry into the state, in accordance with §51.2(a) of this chapter and 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) - (7) (No change.)

(1) All breeding bulls entering the state shall be virgin bulls not more than 24 months of age as determined by the presence of both permanent central incisor teeth in wear, or by breed registry papers; or be tested negative for Trichomoniasis with an official culture test or official Polymerase Chain Reaction (PCR) test within 30 days prior to entry into the state. Bulls that have had contact with female cattle subsequent to testing must be retested prior to entry. If the breeding bulls are virgin bulls they shall be individually identified by an official identification device and be accompanied with a breeders certification of virgin status signed by the breeder or his representative attesting that they are virgin bulls. The official identification number shall be written on the breeders certificate. All bulls tested for Trichomoniasis shall be identified by an official identification device or method at the time the initial test sample is collected. Official identification includes: Official Alpha-numeric USDA metal eartags (bangs tags), Official 840 RFID tags, Official 840 flap or bangle tags, and Official individual animal breed registry tattoo or breed registry individual animal brands, or official state of origin Trichomoniasis tags. The identification shall be recorded on the test documents or the breeders certificate and the certificate of veterinary inspection prior to entry. Non-virgin bulls shall be tested three times not less than one week apart, for each test, by official culture test or one time by official PCR test prior to entry into Texas.

(2) All bulls entering Texas for the purpose of participating at fairs, shows, exhibition and/or rodeo, which are twelve (12) months of age or older and capable of breeding may enter the state without testing or certification for trichomoniasis, but shall obtain a permit, in accordance with §51.2(a) of this chapter, prior to entry into the state. Bulls permitted for entry into the State of Texas under the provisions of this subsection shall not be commingled with female cattle or used for breeding. Bulls that stay in the state more than sixty (60) days must be tested negative for Trichomoniasis with an official culture test or official Polymerase Chain Reaction (PCR) test.

(3) All breeding bulls entering from Mexico or from any country that does not have an established trichomoniasis testing program, shall enter on and be moved by a permit, issued prior to entry, from the commission, in accordance with §51.2(a) of this chapter, to a premises of destination in Texas and remain under Hold Order until tested negative for Trichomoniasis with not less than three official culture tests conducted not less than seven (7) days apart, or an official Polymerase Chain Reaction (PCR) test, within thirty (30) days after entry into the state. All bulls shall be maintained separate from female cattle until tested negative for Trichomoniasis. The Hold Order shall not be released until all other post entry disease testing requirements have been completed. All bulls tested for Trichomoniasis shall be identified by an official identification device or method at the time the initial test sample is collected. The identification shall be recorded on the test documents.

(4) All breeding bulls entering from Canada or from any country that has an established trichomoniasis testing program but for which the animals are not tested to meet the certification and testing requirements of paragraph (1) of this subsection, shall enter on and be moved by a permit, issued prior to entry, from the commission, in accordance with §51.2(a) of this chapter, to a premises of destination in Texas and remain under Hold Order until tested negative for Trichomoniasis with not less than three official culture tests conducted not less than seven (7) days apart, or an official Polymerase Chain Reaction (PCR) test within thirty (30) days of entry into the state. All bulls shall be maintained separate from female cattle until tested negative for Trichomoniasis. All bulls tested for Trichomoniasis shall be identified by an official identification device or method at the time the initial test sample is collected. The identification shall be recorded on the test documents.