Part II. Texas Animal Health Commission

Chapter 35. Brucellosis

Subchapter D. Eradication of Brucellosis in Cervidae

4 TAC §§35.80, 35.81, 35.82

The Texas Animal Health Commission proposes a new subchapter D in 4 TAC, Chapter 35, concerning Eradication of Brucellosis in Cervidae. This proposal creates new §§35.80, 35.81 and 35.82. Section 35.80 provides definitions for terms contained in the new sections. Section 35.81 is general requirements and provides for testing procedures and the designation of official test. Section 35.82 is requirements for certified brucellosis free cervidae herds and establishes the procedures and standards in order to make this determination.

The cervid industry supported a resolution during the 1992 meeting of the United States Animal Health Association (USAHA) which initiated the development of program standards for the eradication of brucellosis in cervidae. The Brucellosis in Cervidae: Uniform Methods and Rules (UM&R) was adopted by the USAHA and approved by the USDA, Animal and Plant Health Inspection Service, Veterinary Services effective September 30, 1998. In response we are proposing regulations that describe general requirements for the collection and submission of blood samples to approved laboratories for testing, recognition of official tests, and the interpretation standards for official tests which are necessary to recognize herds which have voluntarily conducted whole herd testing in order to achieve Certified Brucellosis Free Cervidae Herd status. Herds which have achieved this status have distinct advantages in the marketability and interstate movement of animals.

Suzy Whittenton, Assistant Executive Director of Administration, Texas Animal Health Commission, has determined for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.

Mrs. Whittenton also has determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be clear and concise regulations as well as orderly commerce and improved marketability of Texas-origin cervidae which are certified as brucellosis free. There will be no effect on small businesses. The additional cost for such operations would only apply to those that voluntarily elect to attain Certified Herd status. Their expense would be limited to paying a private veterinarian for collection and submission of blood samples to the state/federal lab.

Comments regarding the proposed new rules may be submitted to Edith Smith, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758.

The new rules are 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. The Commission relies upon §161.081 to address interstate movement of these herds. Also the Commission relies upon Texas Agriculture Code, Chapter 163, §163.064 to insure that the brucellosis control eradication work is performed by approved personnel. The brucellosis program for cervidae is focused on eradication of the same organism that causes brucellosis in cattle. This form of brucellosis has been documented to spread to cattle from cervidae and in order for Texas to achieve the goal of eradication of brucellosis in bovine it is necessary to property test for brucellosis in cervidae. Therefore in order to carry out proper diagnosis and testing in accordance with regulatory standards to prevent the spread of brucellosis to cattle herds it is necessary to require that the testing be performed by approved personnel in accordance with current regulatory requirements for brucellosis in bovine.

No other statutes , articles, or codes are affected by the proposed new rules.

§35.80.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

(1)

Approved laboratory - A State or Federal veterinary diagnostic laboratory for brucellosis testing that must be approved by USDA, APHIS, VS and State animal health authorities.

(2)

Approved personnel - Texas Animal Health Commission inspectors and veterinarians; Federal Animal Health technicians and veterinarians; accredited Texas veterinarians; and others who have been approved to do those assigned duties as described in these regulations for brucellosis control and eradication.

(3)

Area Veterinarian-In-Charge (AVIC) - The official of USDA-APHIS-VS, who is assigned by the VS Deputy Administrator to supervise and perform the official animal health work of APHIS in the State or States concerned.

(4)

Brucellosis - An infectious disease of animals and humans caused by bacteria of the genus Brucella .

(5)

Brucellosis negative animal - An animal for which laboratory tests fail to disclose evidence of Brucella infection.

(6)

Brucellosis reactor - An animal diagnosed with Brucella based on laboratory results, clinical signs, and/or epidemiologic investigation.

(7)

Brucellosis suspect - An animal for which laboratory test results are inconclusive but suggest Brucella infection.

(8)

Certified Brucellosis-Free Cervid Herd - A herd of cervidae that has qualified for and has been issued a certified brucellosis free cervid herd certificate signed by both the State animal health official and the APHIS AVIC.

(9)

Cervidae - Deer, elk, moose, caribou and related species in the Cervidae family, raised under confinement or agricultural conditions for the production of meat or other agricultural products or for sport or exhibition, and free-ranging cervidae when they are captured for any purpose.

(10)

Cervid herd - A herd that contains one or more animals of any cervid species.

(11)

Herd Test - An official brucellosis blood test of all test-eligible animals in a herd.

(12)

Official cervid identification - A VS approved eartag or other VS-approved identification device that conforms to the alphanumeric Uniform Eartagging System, and uniquely and permanently identifies the animal. All official identification is to be placed in the right ear unless otherwise specified.

(13)

Official test - An approved brucellosis blood test conducted a an approved laboratory to support the classification of cervidae as brucellosis negative, suspect or reactor.

(14)

Test-eligible animal - All cervidae one year of age or older.

§35.81.General Requirements.

(a)

Testing

(1)

All tests shall be made by approved personnel only as the basis for compliance with these regulations.

(2)

All tests must be confirmed by an approved laboratory as the basis for compliance with these regulations.

(3)

Samples for all retest purposes will be collected by Commission or APHIS personnel and submitted to the approved laboratory for testing. An epidemiologist may designate those animals that do not require a test. The herd of origin, as well as the herd in which the animal(s) is presently located, will be affected by the test results of the approved laboratory. The approved laboratory initial test result will prevail if the traced animal cannot be positively identified or if it has been slaughtered or died and cannot be retested.

(4)

When the approved laboratory is unable to confirm results of a test because of insufficient serum, hemolyzed blood or broken tubes, the Commission may require a trace and retest of the animal(s) not confirmed.

(b)

The following tests have been designated as official brucellosis laboratory tests in Cervidae:

(1)

Card test

(2)

Standard plate agglutination test (SPT)

(3)

Complement-fixation test (CF)

(4)

Rivanol test

(5)

PCFIA

(c)

Serologic Classification.

(1)

Card test. Test results are recorded as either negative or Positive. An animal is considered a reactor when the card test is the only test conducted and the test is positive. An animal is considered a suspect when the card test is positive but supplemental tests or an epidemiologist's review support a suspect classification.

(2)

Standard plate agglutination (BPI) test. The blood titers of Cervidae tested by the SPT method are interpreted in the following table.

Figure: 4 TAC §35.81(c)(2)

(3)

Manual complement fixation (CF) test. The manual CF test is interpreted in the following table.

Figure: 4 TAC §35.81(c)(3)

(4)

Rivanol test. Test results are interpreted in the following table.

Figure: 4 TAC §35.81(c)(4)

(5)

PCFIA. Test results are interpreted in the following table.

Figure: 4 TAC 35.81(c)(5)

§35.82.Requirements for Certified Brucellosis Free Cervidae Herd.

(a)

Complete and sign a herd plan agreement with the Texas Animal Health Commission and the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services.

(b)

Testing will be on a herd basis. For initial certification, all sexually intact cervids in the herd that are 12 months of age or older must have three consecutive negative tests 9 to 15 months apart. Once certified status of the herd has been attained, the herd is certified for 24 months. All Previously tested animals must be accounted for on a following test.

(c)

Recertification.

(1)

For continuous certification, the herd must have a negative test of all animals required to be tested conducted within 90 days before the certification anniversary date. If the certification test is conducted within 90 days after the anniversary date, the certification period will be 24 months from the anniversary and not 24 months from the recertifying test. During the interval between the anniversary date and the recertifying test, certification will be suspended. If a herd blood test for recertification is not conducted within 90 days after the anniversary date, the certification requirements are the same as for initial certification.

(2)

If suspects or reactors are found on recertification testing, certification status will be suspended and a herd investigation will be initiated.

(d)

Movement into a certified brucellosis-free cervid herd

(1)

From other certified brucellosis-free cervid herds. Animals originating from other certified brucellosis-free cervid herds do not need to be tested prior to movement.

(2)

From other herds. Animals purchased from cervid herds not certified brucellosis-free cannot be considered part of the certified herd until the following three serologic tests have been conducted:

(A)

Within 30 days prior to movement from the herd of origin;

(B)

Between 60 and 180 days after addition to the certified brucellosis-free cervid herd; and

(C)

As part of the herd test on the recertification test following the second test above.

(e)

Recognition of certified brucellosis-free cervid herds. The Texas Animal Health Commission and the APHIS AVIC will issue a certified brucellosis-free cervid herd certificate when the herd first qualifies. Recertification will be done by renewal certificate showing only the certified free herd number, number of animals, and owner.

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 24, 1999.

TRD-9903048

Gene Snelson

General Counsel

Texas Animal Health Commission

Earliest possible date of adoption: July 4, 1999

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