TITLE agriculture

Part II. Texas Animal Health Commission

Subchapter A. Eradication of Brucellosis in Cattle

The Texas Animal Health Commission adopts an amendment to §35.1, concerning definitions relating to eradication of brucellosis in cattle without changes to the proposed text as published in the November 21, 1997, issue of the Texas Register (22 TexReg 11193).

The amendment changes the definitions of exempt cattle and test-eligible cattle in other than priority herds in order to standardize vaccination ages of cattle. The amendment also adds a definition of hold order to distinguish that form of restriction from a quarantine. The amendment also eliminates the definition of test-eligible cattle; that definition was included as a typographical error.

No comments were received regarding the adoption of the amendment.

The amendment is adopted 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, §161.061 and §163.064 which authorize the Commission to adopt rules relating to vaccination of cattle.

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 January 16, 1998.

TRD-9800804

Terry Beals, DVM

Executive Director

Texas Animal Health Commission

Effective date: February 5, 1998

Proposal publication date: November 21, 1997

For further information, please call: (512) 719-0714

Chapter 43. Tuberculosis

Subchapter A. Eradication of Tuberculosis in Cattle

4 TAC §43.1

The Texas Animal Health Commission adopts an amendment to §43.1, concerning requirements relating to eradication of tuberculosis in cattle without changes to the proposed text as published in the November 21, 1997, issue of the Texas Register (22 TexReg 11194).

The amendment enhances the payment of indemnity for tuberculosis reactor cattle. This action can be taken as a result of legislative action effective September 1, 1997. Under the amendment, TAHC will pay up to $250.00 for each animal classified as a suspect or reactor and $100.00 for each exposed animal slaughtered as a result of herd depopulation.

No comments were received regarding the adoption of the amendment.

The amendment is adopted under the Texas Agriculture Code, Chapter 161, Subchapter C, §161.041 and §161.046 which authorize the Commission to enact rules to eradicate tuberculosis, and Chapter 162, §162.008 which authorizes the Commission to adopt rules relating to tuberculosis indemnity.

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 January 16, 1998.

TRD-9800808

Terry Beals, DVM

Executive Director

Texas Animal Health Commission

Effective date: February 5, 1998

Proposal publication date: November 21, 1997

For further information, please call: (512) 719-0714

Chapter 49. Equine

4 TAC §49.2

The Texas Animal Health Commission adopts an amendment to §49.2, concerning equine, interstate movement requirements without changes to the proposed text as published in the November 21, 1997, issue of the Texas Register (22 TexReg 11195).

The amendment authorizes equine to enter the state with a completed VS Form 10-11 (Equine Infectious Anemia Laboratory Test) attached to the Certificate of Veterinary Inspection instead of transposing the information from the VS Form 10-11 onto the Certificate of Veterinary Inspection.

No comments were received regarding the adoption of the amendment.

The amendment is adopted under the Texas Agriculture Code, Chapter 161, Subchapter C, §161.041 and §161.046 which authorize the Commission to enact rules to control equine infectious anemia, and Subchapter E, §161.081 which authorizes the Commission to regulate the movement of animals into Texas.

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 January 16, 1998.

TRD-9800810

Terry Beals, DVM

Executive Director

Texas Animal Health Commission

Effective date: February 5, 1998

Proposal publication date: November 21, 1997

For further information, please call: (512) 719-0714

Chapter 51. Interstate Shows and Fairs

4 TAC §51.1

The Texas Animal Health Commission adopts an amendment to §51.1, concerning definitions, interstate shows and fairs without changes to the proposed text as published in the November 28, 1997, issue of the Texas Register , (22 TexReg 11618).

The amendment adds a definition of an assembly.

No comments were received regarding the adoption of the amendment.

The amendment is adopted under the Texas Agriculture Code, Chapter 161, Subchapter C, §161.041 and §161.046 which authorize the Commission to enact rules to eradicate communicable diseases, and Subchapter C, §161.054 which authorizes the Commission to regulate the movement of animals.

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 January 16, 1998.

TRD-9800811

Terry Beals, DVM

Executive Director

Texas Animal Health Commission

Effective date: February 5, 1998

Proposal publication date: November 21, 1997

For further information, please call: (512) 719-0714

4 TAC §51.2

The Texas Animal Health Commission proposed an amendment to §51.2, concerning general requirements, interstate shows and fairs without changes to the proposed text as published in the November 28, 1997, issue of the Texas Register , (22 TexReg 11618).

The amendment requires all equine gathered in assemblies to have proof of a negative EIA test, and details an exemption for nursing foals. The amendment also changes the address of the TAHC.

Five comments were received in favor of the adoption of the amendment.

The amendment is adopted under the Texas Agriculture Code, Chapter 161, Subchapter C, §161.041 and §161.046 which authorize the Commission to enact rules to eradicate communicable diseases and Subchapter C, §161.043 which authorizes the Commission to regulate the movement of animals into exhibitions, shows and fairs.

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 January 16, 1998.

TRD-9800812

Terry Beals, DVM

Executive Director

Texas Animal Health Commission

Effective date: February 5, 1998

Proposal publication date: November 21, 1997

For further information, please call: (512) 719-0714

4 TAC §51.4

The Texas Animal Health Commission adopts an amendment to §51.4, concerning interstate shows and fairs, special requirements from areas with vesicular stomatitis without changes to the proposed text as published in the November 21, 1997, issue of the Texas Register (22 TexReg 11196).

The amendment prohibits the entry of animals from any premise or area under quarantine for vesicular stomatitis and requires the veterinarian completing the Certificate of Veterinary Inspection to verify that the animals have not originated from such a premise or area.

No comments were received regarding the adoption of the amendments.

The amendment is adopted under the Texas Agriculture Code, Chapter 161, Subchapter C, §161.041 and §161.046 which authorize the Commission to enact rules to eradicate communicable diseases, and Subchapter D, §161.061 which requires the Commission to establish a quarantine against any area where a communicable disease exists.

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 January 16, 1998.

TRD-9800813

Terry Beals, DVM

Executive Director

Texas Animal Health Commission

Effective date: February 5, 1998

Proposal publication date: November 21, 1997

For further information, please call: (512) 719-0714

4 TAC §51.6

The Texas Animal Health Commission adopts a new rule §51.6, concerning interstate movement of sheep not known to be infected or exposed to scrapie, interstate shows and fairs with changes to the proposed text as published in the November 21, 1997, issue of the Texas Register , (22 TexReg 11196).

The amendment establishes entry requirements for sheep from other states. It requires sheep from states with an active scrapie control and surveillance program to first be accompanied by a health certificate stating that an examination f the herd or premise of origin shows no evidence of exposure to scrapie, or secondly be accompanied by a health certificate stating that an examination of the herd or premise of origin shows no evidence of exposure to scrapie and lists permanent identification numbers. The amendment also provides that sheep be consigned directly to auction markets provided that it is an approved slaughter market. The amendment also requires sheep from states that do not have an active scrapie control and surveillance program to fist enter with a health certificate and permit into a scrapie control program herd; or secondly, be accompanied by a health certificate stating that an examination of the herd or premise of origin shows no evidence of exposure to scrapie.

Comments were received regarding the amendment to add the provision that sheep may be consigned directly to a state approved slaughter market, and to include the genre Columbia into the requirements, which was previously overlooked.

The new section is adopted under the Texas Agriculture Code, Chapter 161, Subchapter C, §161.041 and §161.046 which authorize the Commission to enact rules to control communicable diseases, and Subchapter E, §161.081 which authorizes the Commission to regulate the movement of animals into Texas.

§51.6.Interstate Movement of Sheep Not Known to be Infected or Exposed to Scrapie.

(a)

Requirements for entry of sheep from states with an active scrapie control and surveillance program (state of origin requires that the state animal health official of that state be immediately notified of any suspected or confirmed case of scrapie in that state and requires that sheep and/or goats from infected or source flocks be quarantined).

(1)

Breeding sheep

(A)

Finewool sheep (Rambouillet, Columbia, Debroulliet, Merino, and Targhee). Sheep must be accompanied by a health certificate stating that an examination of the herd and/or premise of origin shows no evidence of exposure to scrapie.

(B)

Mediumwool breeds and crossbreeds. Sheep must be accompanied by a health certificate listing permanent identification numbers and stating that examination of the herd and/or premise of origin shows no evidence of exposure to scrapie.

(2)

Sheep entering for grazing or to slaughter or feedlot. Sheep must be accompanied by a health certificate stating an examination of premise and/or herd of origin shows no evidence of exposure to scrapie. Provided, sheep consigned directly to Federal inspected slaughter facilities, state approved slaughter markets, and wether lambs have no entry requirements.

(A)

TAHC state approved slaughter market is one which:

(i)

maintains records of origin of sheep and disposition of sheep to slaughter;

(ii)

maintains out of state slaughter sheep separate and apart from other classes of sheep;

(iii)

assures that out of state slaughter sheep are released from the market consigned only for export or to slaughter facilities with local/state, or federal inspection.

(b)

Movement of sheep from states with no active scrapie control and surveillance program.

(1)

Breeding sheep.

(A)

Sheep may enter Texas on a health certificate and permit only into a scrapie control program herd; and the

(B)

Texas herd must continue in the program for five years after entry of the sheep.

(2)

Sheep entering Texas for grazing, slaughter or feedlots.

(A)

Sheep must be accompanied by a health certificate and entry permit stating that examination of premise and/or herd of origin shows no evidence of exposure to scrapie, provided sheep consigned directly to federal inspected slaughter facilities have no entry requirements, and

(B)

Wether lambs have no entry requirements.

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 January 16, 1998.

TRD-9800814

Terry Beals, DVM

Executive Director

Texas Animal Health Commission

Effective date: February 5, 1998

Proposal publication date: November 21, 1997

For further information, please call: (512) 719-0714