Part I.
Texas Department of Agriculture
Chapter 3.
Boll Weevil Eradication Program
Subchapter E. Creation of Eradication Zones
4 TAC §3.112
The Texas Department of Agriculture (the department) proposes
new §3.112, concerning the creation of a nonstatutory boll weevil eradication
zone The new section is proposed to establish a new nonstatutory boll weevil
eradication zone consisting of counties not currently located in a statutory
zone created under Chapter 74, Subchapter D, §74.1021. New §3.112
proposes, upon the request of the Northern Rolling Plains Boll Weevil Eradication
Zone Interim Advisory Committee, the designation of the Northern Rolling
Plains Boll Weevil Eradication Zone, in accordance with the Texas Agriculture
Code, §74.1042.
Katie Dickie Stavinoha, special assistant for producer relations, has determined
that for the first five-year period the section is in effect there will be
no fiscal implications for state or local government as a result of enforcing
or administering the section.
Ms. Stavinoha also has determined that for each year of the first five
years the section is in effect the public benefit anticipated as a result
of enforcing the sections will be the ability to address cotton growers'
desires to have efficient, responsive eradication zones to facilitate boll
weevil eradication in Texas. There will be no effect on small businesses.
The anticipated economic cost to persons who will be required to comply with
the new sections, as proposed, is not determinable at this time. If the proposed
zone is designated and an eradication program and assessment approved by
cotton growers in the zone, cotton growers in the zone will be assessed annually
to cover costs of an eradication program in that zone. The costs to individual
growers will depend on voter approval of an eradication program and assessment,
and the amount of the assessment established for the zone once a program
is approved.
Comments on the proposal may be submitted to Katie Dickie Stavinoha, Special
Assistant for Producer Relations, P. O. Box 12847, Austin, Texas 78711, and
must be received no later than 30 days from the date of the publication of
this proposal in the
Texas Register
.
The new section is proposed under the Texas Agriculture Code,
§74.1042, which provides the commissioner of agriculture with the authority,
by rule, to designate an area of the state as a proposed boll weevil eradication
zone.
The codes affected by the proposal are the Texas Agriculture Code, Chapter
74.
§3.112.Northern Rolling Plains Boll Weevil Eradication Zone.
The Northern Rolling Plains Boll Weevil Eradication Zone shall consist
of the following area: all of Gray, Wheeler, Donley, Collingsworth, Hall,
Childress, Cottle, King, Hardeman, Wilbarger, Wichita, Clay, and Foard counties,
and all of Archer County lying north of a line following FM 422 commencing
at the Baylor county line running east to the intersection of FM 210, continuing
east to the intersection of State Highway 25, and continuing east to the
Clay County line.
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
January 14, 1998.
TRD-9800562
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 463-7541
Chapter 35.
Brucellosis
Subchapter A. Eradication Brucellosis in Cattle
4 TAC §35.2
The Texas Animal Health Commission proposes an amendment
to §35.2, concerning the general requirements relating to eradication
of brucellosis in cattle. The amendment is being proposed to standardize
vaccination ages of cattle. This action can be taken as a result of the required
use of the vaccine RB-51. The amendment also deletes reference and tables
relating to the Complement Fixation test, and replaces references to the
Brucellosis ring test with the Brucellosis Milk Surveillance Test. The amendment
also deletes language requiring certain card test positive cattle to be marked
on the hip with yellow paint. The amendment is also proposed to clarify that
the hold order, rather than the quarantine, is used when a vaccinated suspect
is located at a market and returned to the herd of origin. The amendment
is also proposed to require that a hold order be placed on herds with fence
line or across the road contact with a quarantined herd unless an epidemiological
evaluation determines the hold order is unnecessary. Under the proposed rule,
other adjacent or high risk herds may be placed under hold order.
Ms. Suzy Beightler Whittenton, Assistant Executive Director for Administration,
has determined for the first five-year period the rule is in effect, there
will be no fiscal implications for state or local government as a result
of enforcing or administering the rule. The agency has made a categorical
determination that this rule relates to the handling of animals and does
not impact private real property rights.
Terry L. Beals, DVM, Executive Director, 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 update and clarify current testing
protocols, as well as a clarification of terminology with hold orders and
quarantines and to require the imposition of a hold order on some adjacent
herds, thereby reducing the chance of exposing other cattle to brucellosis.
There are minimal anticipated economic costs to persons who are required
to comply with the rule as proposed.
Comments regarding the proposed amendment may be submitted to Ms. Tiffany
N. Norvell, P.O. Box 12966, Austin, Texas 78711-2966; or by Email: tiffanyn@tahc.state.tx.us
The amendment is proposed under the Texas Agriculture Code, Chapter
161, Subchapter C, §161.061 and §161.064 which authorize the Commission
to enact rules to eradicate communicable disease, and Chapter 163, Subchapter
D, §161.061 and §161.064 which authorize the Commission to adopt
rules relating to vaccination of cattle.
§35.2.General Requirements.
(a)
Testing of blood and semen.
(1)-(6)
(No change.)
(b)
Classification of cattle. Cattle shall be classified by
approved personnel by an evaluation of titer responses for all cattle to
serological tests, or by identification of Brucella abortus in specimens
taken from these cattle. The following serological tests may be used for
the classification of cattle.
(1)
Card test. The card test (buffered Brucella is a test antigen)
that may be used to classify cattle as suspects. Results of the card test
may be used with other test results conducted in the state-federal laboratory
to aid in the classification of cattle as reactors. The card test may be
used as a test to classify cattle as reactors on written approval of the
owner or his agent. The owner or his agent's signature on test charts prior
to "B" branding will be accepted as approval. Card tests may be used to classify
cattle negative on surveillance samples collected at slaughter, on routine
samples collected on farms, at livestock markets, and on tests of suspicious
and affected herds.
[(A)
[(i)
[(ii)
[
(2)
(A)
Figure: 4 TAC §35.2(b)(2)
(A)
(B)
Figure: 4 TAC §35.2(b)(B)
(3)
(No change.)
(4)
Brucellosis Milk Surveillance Test (BMST)
(5)-(10)
(No change.)
(c)
(No change.)
(d)
Requirements for a herd test.
(1)
Test eligibility.
(A)
(No change.)
(B)
Other than priority herds--All non-exempt cattle 18 months
of age and older except steers
and,
(2)
Calfhood vaccination requirements. All female
cattle between four and 12 months of age in affected herds must be vaccinated
at the time of testing.
(3)
Identification requirements. All cattle tested shall
be identified with either an official eartag, an individual registration
tattoo, or individual registration brand. All cattle in priority herds except
steers, spayed heifers, and bulls under 18 months must be officially identified
regardless of test eligibility.
(e)-(h)
(No change.)
(i)
Movement of cattle classified as reactors, exposed or suspects.
There shall be no diversion from the permitted destination. When moved, the
cattle must be maintained separate and apart from all other classes of livestock
in pens reserved for this purpose at livestock markets or trucking facilities.
These pens must be thoroughly cleaned and disinfected before reuse.
(1)-(2)
(No change.)
(3)
Suspects. Suspects will be moved the same as exposed
cattle, except a vaccinated suspect(s) at a livestock market in a consignment
of otherwise negative cattle (where the suspect is card positive on the presumptive
test and negative to supplemental tests) may move as follows: In a single
consignment of cattle, which are from a producer's herd of origin, the owner
shall either return the vaccinated suspect(s) under
hold order
(j)-(k)
(No change.)
(l)
Requirements following classification of a dairy or a beef
animal or a bison as a reactor or a suspect.
(1)
The herd of which the reactor or the suspect was a part
shall be placed under quarantine
or hold order. When brucellosis infection
is diagnosed in a herd, a quarantine will be placed on the herd. Any herd
with fence line or across the road contact with the quarantined herd will
be evaluated by a USDA or TAHC epidemiologist who will determine whether
the herd should be placed under hold order. Other adjacent or high risk herds
may be placed under hold order.
(2)
All cattle in the herd except bulls less than 18 months
of age, steers, and spayed heifers are included in the quarantine
or
hold order
. Any movement of quarantined cattle shall conform to subsections
(h) and (i) of this section concerning identification and movement of reactor,
exposed, or suspect cattle. Release of the quarantine will be as described
in paragraph (7) of this subsection.
(3)-(7)
(No change.)
(m)-(v)
(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
January 16, 1998.
TRD-9800805
Terry Beals, DVM
Executive Director
Texas Animal Health Commission
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 719-0714
4 TAC §35.3
The Texas Animal Health Commission proposes an amendment
to §35.3, concerning the requirements for certified brucellosis free
herds of cattle relating to eradication of brucellosis in cattle. The amendment
is being proposed to replace language referring to a milk ring test with
the Brucellosis Milk Surveillance Test. This change will allow the state/federal
laboratory more testing latitude.
Ms. Suzy Beightler Whittenton, Assistant Executive Director for Administration,
has determined that for the first five-year period the rule is in effect,
there will be no fiscal implications for state or local government as a result
of enforcing or administering the rule. The agency has made a categorical
statement that this rule relates to the qualifying methods of herds certifying
for brucellosis free herd status and does not impact private real property
rights.
Terry L. Beals, DVM, Executive Director, 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 allow the state/federal lab
more latitude in conducting milk ring tests in order for a producer's herd
to be certified as brucellosis free.
Comments regarding this proposal or requests for public hearings should
be directed to Ms. Tiffany N. Norvell, P.O. Box 12966, Austin, Texas 78711-2966;
or by Email: tiffanyn@tahc.state.tx.us
The amendment is proposed under the Texas Agriculture Code, Chapter
161, Subchapter C, §§161.041 and 161.046 which authorize the Commission
to enact rules to eradicate communicable disease, and Chapter 163, Subchapter
D, §163.064 which authorizes the Commission to adopt rules relating
to the testing of cattle.
§35.3.Requirements for Certified Brucellosis Free Herd of Cattle.
(a)-(c)
(No chnge.)
(d)
Qualifying methods. A herd may qualify by one or more of
the following methods.
(1)
Initial certification.
(A)
Brucellosis Milk Surveillance Test (BMST)
[
(B)
(No change.)
(2)-(3)
(No changs.)
(e)
Qualifying Standards.
(1)
Herd infection rates. The individual herd must disclose
no evidence of infection at the time of initial certification or recertification.
(A negative blood test and a complete epidemiological investigation may be
used to resolve a suspicious
BMST
[
(2)-(5)
(No change.)
(f)
(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
January 16, 1998.
TRD-9800806
Terry Beals, DVM
Executive Director
Texas Animal Health Commission
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 719-0714
4 TAC §35.6
The Texas Animal Health Commission proposes an amendment
to §35.6, concerning indemnity payments to owners of cattle infected
with or exposed to brucellosis relating to the eradication of brucellosis
in cattle. The proposed amendment would change the criteria for the selection
of herds for indemnity payment requiring that the herd have a professional
diagnosis. The proposed amendment also deletes language referencing specific
dollar amounts for indemnity replacing it with broader definitive terms allowing
the Commission more flexibility in encouraging owners of cattle which have
been infected with or exposed to brucellosis to depopulate those herds or
cattle. The amendment also states that a professional appraiser will establish
the value of the cattle or herds selected for indemnity. Depopulation funds
may also be paid for calves at a rate up to $400.00 or the appraised market
value, minus salvage.
Ms. Suzy Beightler Whittenton, Assistant Executive Director for Administration,
has determined that for the first five-year period the rule is in effect,
there will be no net fiscal implications for state or local government as
a result of enforcing or administering the rule. The funds, if available,
will be provided by the federal government. The agency has made a categorical
statement that this rule relates to the handling of animals and does not
affect private real property rights.
Terry L. Beals, DVM, Executive Director, 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 allow owners of herds or cattle
infected with or exposed to brucellosis a more fair indemnity for depopulating
those herds or cattle, and will help the state completely eradicate brucellosis
in cattle in order to be classified as a Class-Free state. The speedy achievement
of this classification will ensure that cattle originating in herds from
Texas are able to be exported to other states without implications.
Comments regarding this proposed amendment or requests for public hearings
should be directed to Ms. Tiffany N. Norvell, P.O. Box 12966, Austin, Texas
78711-2966; or by Email: tiffanyn@tahc.state.tx.us
The amendment is proposed under the Texas Agriculture Code, Chapter
161, Subchapter C, §§161.061 and 161.046 which authorize the Commission
to enact rules to eradicate communicable disease, and Chapter 163, Subchapter
D, §163.038 which authorizes the Commission to issue indemnity payments.
§35.6.Indemnity Payments to Owners of Cattle Infected With or Exposed to Brucellosis
(a)
(No change.)
(b)
Criteria for selection of herds for indemnity payment:
[(1)
(1)
(2)
(3)
(c)
General Requirements
(1)
The commission, through its executive director, will determine
the amount and number of animals for which indemnity will be paid. The owner
of a herd selected for indemnity may be reimbursed from TAHC funds for depopulation
as follows
(A)
All negative exposed sexually intact cattle will be
appraised based upon market value by a professional appraiser selected by
TAHC at TAHC expense
(B)
No payment will exceed the appraised value of the
cattle as disclosed by the TAHC appraiser
(2)
Depopulation funds may be paid for all calves
at a rate of up to $400.00, or appraised market value, minus salvage
[(3)
(3)
(4)
(5)
(6)
(7)
(d)
If approved by the state epidemiologist, an owner may be
paid $200 per B. abortus Strain 19 reactor, not to exceed the greater of
five head or 5.0% of the herd.
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
January 16, 1998.
TRD-9800807
Terry Beals, DVM
Executive Director
Texas Animal Health Commission
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 719-0714
Part II.
Texas Animal Health Commission
[(2)
Complement fixation
test (CF).]
Technicon automated complement fixation
test. The Technicon automated complement fixation test is an official test
when it is conducted at the cooperative state-federal brucellosis laboratory
using recognized methods.]
Interpretation of the Technicon CF test
results.]
[Figure: 4 TAC §35.2(b)(2)(A)(i)
]
Interpretation of test result codes.
The following codes are utilized by the laboratory to represent the corresponding
test results:]
Figure: 4 TAC §35.2(b)(2)(A)(ii)
]
[(B)]
Manual complement
fixation test. The manual complement fixation test is an official test when
it is conducted at the cooperative state-federal brucellosis laboratory using
recognized methods.
[(i)]
Interpretation of the manual
CF test results.
[(B)(i)]
[(ii)]
Interpretation of test result
codes. The following codes are utilized by the laboratory to represent the
corresponding test results:
[(ii)]
[Brucellosis ring test (BRT)]
. The brucellosis
milk surveillance
[ring]
test, conducted by methods approved by
USDA-APHIS-VS
[the National Veterinary Services Laboratory]
, is a test
that may be used to classify herds or cattle as suspected of being infected
with brucellosis.
[,]
spayed heifers
[, official vaccinates of dairy breeds under 20 months of age, and official
calfhood vaccinates of beef breeds under 24 months of age. Official calfhood
vaccinates that are parturient or postparturient are test eligible regardless
of age]
.
[quarantine]
to the herd of origin until the suspect(s) is negative
to the card test, declared a stabilized suspect by an epidemiologist after
subsequent test(s) conducted in not less than 30 days, or classified as a
reactor on a subsequent test: or sell the suspect(s) to a quarantined feedlot,
designated pen, quarantined pasture, or to slaughter, identified with an
"S" brand. Card negative cattle in this consignment may move from the market
unrestricted. Consignments containing a card positive but supplemental negative
non vaccinated suspect(s) may move from the market unrestricted.
[An adjacent or high risk herd
may be placed under quarantine.]
Milk ring test (BRT)
]. A minimum of four consecutive, negative milk
ring tests conducted at not less than 90-day intervals, followed by a negative
herd blood test conducted within 90 days after the last negative milk ring
test.
BRT
] in qualifying
a dairy herd.)
at least 10% of the cattle tested on the
initial herd test must have been classified as reactors; or]
[(2)]
the herd must have
a professional diagnosis, supported by culture or significant serology and
compatible history
[had two consecutive herd tests on which reactors
were disclosed]
; or
[(3])
a herd not meeting paragraph
(1)
[or (2)]
of this subsection is recommended for indemnity by
the state epidemiologist;
[(4)]
all selections of herds
or cattle for payment of indemnity are subject to availability of funds.
[at a total rate not to exceed]
:
[$100 per head for not more than 100 negative
exposed sexually intact females 18 months of age and older and not more than
five negative exposed bulls 18 months of age and older]
; and
[Actual cost of spaying
not to exceed $10 per head. A spaying certificate and the proof of payment
for cost of spaying must be submitted simultaneously with the indemnity claim]
.
[Depopulation funds shall not be paid for steers and spayed heifers]
.
All bull calves shall be castrated.]
[(4)]
To receive TAHC indemnity
funds, all sexually intact cattle for depopulation must be removed from the
premise within 45 days after the offer for indemnity payment is made to the
herd owner. The offer date will be documented on the form TAHC 93-14.
[(5)]
Depopulated cattle shall
be branded with the letter "B" high on the left hip near the tailhead and
identified with a reactor eartag within the specified time intervals according
to state/federal requirements and prior to movement from the premise.
[(6)]
Cattle shall be moved from
the premise accompanied with a VS 1-27. They shall either be moved directly
to slaughter or through an approved livestock market for sale directly to
slaughter and accompanied with a VS 1-27 from the market. In either case,
the cattle shall be slaughtered within the specified time intervals according
to state/federal regulations following identification. Steers and spayed
heifers may be retained on the premise or move without restrictions.
[(7)]
The owner of a herd approved
for depopulation must agree to complete a herd test of eligible animals no
later than six months after repopulation with test-eligible breeding replacements.
[(8)]
The owner of a herd approved
for depopulation must agree to complete a herd test of eligible animals in
units not depopulated six to 12 months after depopulation.
Chapter 49.
Equine