Part II.
Texas Animal Health Commission
Chapter 31.
Anthrax
4 TAC §31.2, §31.3
The Texas Animal Health Commission proposes amendments to
§31.2 and §31.3, concerning anthrax.
Section 31.2 is being amended to assure the Texas Department of Health
notification about the occurrence of a potentially serious zoonotic disease.
Section 31.3 is being amended to create a reasonable option for parties
to accomplish the actions needed to control this disease without diminishing
their responsibility.
Kathryn A. Reed, General Counsel, 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.
Ms. Reed 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 notification to the Texas Department of Health about the
occurrence of a potentially serious zoonotic disease and a reasonable option
for parties to accomplish the actions needed to control this disease without
diminishing their responsibility. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the rules as proposed.
Comments regarding the proposed amendments may be submitted to Edith Smith,
Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758.
The amendments are proposed under the Texas Agriculture Code,
Chapter 161, §§161.041(a) and (b), 161.046, and 161.061, which authorizes
the Commission to promulgate rules in accordance with the Texas Agriculture
Code.
No other statutes, articles, or codes are affected by the amendments.
§31.2. Quarantine.
Upon laboratory confirmation of the disease by approved laboratory
methods, the Texas Animal Health Commission (TAHC) shall establish quarantines
upon infected and exposed animals and premises, advise the owner or caretaker
how to properly dispose of carcasses, and require such treatment and vaccination
as may be necessary to control and eradicate the disease.
TAHC will notify
the Texas Department of Health of the quarantine.
Unless otherwise specified
by TAHC, a quarantine will be released 10 days after vaccination of the herd
with a product approved by TAHC and after proper disposal of carcasses as
specified in §31.3 of this title (relating to Disposal).
§31.3. Disposal.
Any person who is the owner or caretaker of animals that have died
from anthrax, or who owns or controls the land on which the animals have died,
is responsible for assuring that
[
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
December 21, 1998.
TRD-9818521
Kathryn A. Reed
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: January 31, 1999
For further information, please call: (512) 719-0714
4 TAC §§33.1-33.4
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Animal Health Commission or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Animal Health Commission proposes the
repeal §§33.1-33.4, concerning miscellaneous contagious diseases
and disinfection.
The sections are being repealed to reduce the number of regulations in
place. There are other regulations in place to assure adequate control mechanisms
exist without these to be eliminated.
Kathryn A. Reed, General Counsel, has determined for the first five-year
period the repeals are in effect, there will be no fiscal implications for
state or local government as a result of enforcing or administering the repeals.
Ms. Reed also has determined that for each year of the first five years
the repeals are in effect, the public benefit anticipated as a result of enforcing
the repeals will be a reduced number of regulations that are redundant with
one another. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the repeals as proposed.
Comments regarding the proposed repeals may be submitted to Edith Smith,
Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758.
The repeals 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.
No other statutes, articles, or codes are affected by the repeals.
§33.1. Ornithosis; Quarantine and Treatment.
§33.2. Hog Cholera; Quarantine and Treatment.
§33.3. Miscellaneous Contagious Diseases; Quarantine of Exposed and Infected Animals.
§33.4. Cleaning and Disinfecting Vehicles, Premises, and Equipment.
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
December 21, 1998.
TRD-9818522
Kathryn A. Reed
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: January 31, 1999
For further information, please call: (512) 719-0714
The Texas Animal Health Commission proposes amendments to §§43.2,
43.10, 43.11, 43.23, and new §43.12, concerning tuberculosis.
The amendments to §§43.1, 43.10, 43.11, 43.23 and new §43.12
are being proposed to provide for special entry requirements for cattle and
bison originating from TB quarantined area in Michigan.
Kathryn A. Reed, General Counsel, 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.
Ms. Reed 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 special entry requirements for cattle and bison originating
from TB quarantined area in Michigan. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the rules as proposed.
Comments regarding the proposed amendments and new section may be submitted
to Edith Smith, Texas Animal Health Commission, 2105 Kramer Lane, Austin,
Texas 78758.
Subchapter A. Eradication of Tuberculosis in Cattle
4 TAC §43.2
The amendment is proposed under the Texas Agriculture Code,
Chapter 161, §§161.041(a) and (b), 161.046, 161.081, and 162.003,
which authorizes the Commission to promulgate rules in accordance with the
Texas Agriculture Code.
No other statutes, articles, or codes are affected by the amendment.
§43.2. Interstate Movement Requirements.
(a)-(h)
(No change.)
(i)
Special entry requirements
for cattle and bison originating from the TB quarantined area in Michigan.
The quarantined area defined by the Michigan Department of Agriculture, effective
January 1, 1999, includes all premises located in an area bordered by 1-75
to the west, M-55 to the south, and Lake Huron and the Straits of Mackinac
to the east and north. The quarantined area includes all of the Alcona, Alpena,
Montmorency, Oscoda, and Presque Isle counties, and portions of Cheboygan,
Crawford, Iosco, Ogemaw, Otsego, and Roscommon counties.
(1)
All cattle and bison shall originate from an
accredited herd.
(2)
In addition, all animals 6 months of age
and older shall be tested negative for tuberculosis within 60 days prior to
entry with results of this test recorded on the certificate of veterinary
inspection.
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
December 21, 1998.
TRD-9818523
Kathryn A. Reed
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: January 31, 1999
For further information, please call: (512) 719-0714
4 TAC §§43.10-43.12
The amendments and new section are proposed under the Texas
Agriculture Code, Chapter 161, §§161.041(a) and (b), 161.046, 161.081,
and 162.003, which authorizes the Commission to promulgate rules in accordance
with the Texas Agriculture Code.
No other statutes, articles, or codes are affected by the amendments and
new section.
§43.10. Definitions.
The following words and terms, when used in this section, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Accredited free state--A state which maintains
full compliance with all of the provisions of the USDA's Uniform Methods and
Rules (UMR) and where no evidence of bovine tuberculosis has been disclosed
for five or more years.
(2)
[
(3)
Herd--A group of [
(4)
Individually identified--Identification
by metal eartag which provides unique identification for each individual animal
conforming to the nine-character, alphanumeric National Uniform Eartagging
System; or by an individual registration tattoo.
(5)
Modified accredited state--A state which
is actively participating in the eradication of bovine tuberculosis and which
maintains its status in accordance with the provisions of these UMR.
(6)
Negative animals-
Goats
[
(7)
Reactor--Any [
(8)
Suspect--Any [
(9)
Tuberculin test--A test for tuberculosis
applied and reported by approved personnel. The official tuberculin tests
are: the caudal fold test, the comparative cervical test, and the single cervical
test.
(10)
Who may administer tuberculin test--Tuberculin
tests shall be conducted by a veterinarian employed by the Texas Animal Health
Commission or the United States Department of Agriculture or by an accredited
veterinarian.
§43.11. Accredited Herd Plan for Dairy And Meat Type Goats.
(a)
Animals to be tested. Testing of herds for accreditation
or reaccreditation shall include all goats [
(b)-(c)
(No change.)
(d)
Requirements following classification of a [
§43.12. Requirements for Entry into Texas.
The following listed in this section are special entry requirements
for cattle originating from the TB quarantined area in Michigan. The quarantined
area defined by the Michigan Department of Agriculture, effective January
1, 1999, includes all premises located in an area bordered by 1-75 to the
west, M-55 to the south, and Lake Huron and the Straits of Mackinac to the
east and north. The quarantined area includes all of the Alcona, Alpena, Montmorency,
Oscoda, and Presque Isle counties, and portions of Cheboygan, Crawford, Iosco,
Ogemaw, Otsego, and Roscommon counties.
(1)
All goats shall originate from an accredited herd.
(2)
In addition, all animals 6 months of age and older
shall be tested negative for tuberculosis within 60 days prior to entry with
results of this test recorded on the certificate of veterinary inspection.
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
December 21, 1998.
TRD-9818524
Kathryn A. Reed
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: January 31, 1999
For further information, please call: (512) 719-0714
4 TAC §43.23
The amendment is proposed under the Texas Agriculture Code,
Chapter 161, §§161.041(a) and (b), 161.046, 161.081, and 162.003,
which authorizes the Commission to promulgate rules in accordance with the
Texas Agriculture Code.
No other statutes, articles, or codes are affected by the amendment.
§43.23. Requirements for Entry into Texas.
(a)-(h)
(No change.)
(i)
Special entry requirements
for cervids originating from the TB quarantined area in Michigan. The quarantined
area defined by the Michigan Department of Agriculture, effective January
1, 1999, includes all premises located in an area bordered by 1-75 to the
west, M-55 to the south, and Lake Huron and the Straits of Mackinac to the
east and north. The quarantined area includes all of the Alcona, Alpena, Montmorency,
Oscoda, and Presque Isle counties, and portions of Cheboygan, Crawford, Iosco,
Ogemaw, Otsego, and Roscommon counties.
(1)
All cervids shall originate from an accredited
herd.
(2)
In addition, all cervids 6 months of age
and older shall be classified negative to an official tuberculosis test conducted
within 90 days prior to the date of movement.
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
December 21, 1998.
TRD-9818525
Kathryn A. Reed
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: January 31, 1999
For further information, please call: (512) 719-0714
4 TAC §51.6
The Texas Animal Health Commission proposes an amendment
to §51.6, concerning interstate shows and fairs.
The section is being amended to include hair sheep as a type of breeding
sheep for entry purposes.
Kathryn A. Reed, General Counsel, has determined for the first five-year
period the rule is in effect, there will be minimal to none fiscal implications
for state or local government as a result of enforcing or administering the
rule.
Ms. Reed 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 that hair sheep will be included as a type of breeding sheep
for entry. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the rule as proposed.
Comments regarding the proposed amendment may be submitted to Edith Smith,
Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758.
The amendment is proposed under the Texas Agriculture Code, Chapter
161, §§161.041(a) and (b), 161.046, and 161.081, which authorizes
the Commission to promulgate rules in accordance with the Texas Agriculture
Code.
No other statutes, articles, or codes are affected by the amendment.
§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)
and hair sheep
. 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)
(No change.)
(2)
(No change.)
(b)
Movement of sheep from states with no active scrapie control
and surveillance program.
(1)
Breeding sheep.
(A)
(No change.)
(B)
[
(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)
(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
December 21, 1998.
TRD-9818526
Kathryn A. Reed
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: January 31, 1999
For further information, please call: (512) 719-0714
must set fire to
] the carcass
of each animal
is set on fire
and
burned
[
burn
it
] until it is thoroughly consumed.
Chapter 33.
Miscellaneous Contagious Diseases and Disinfection
Chapter 43.
Tuberculosis
Subchapter B. Dairy and Meat Type Goats
Dairy
] goats--Domestic
caprids
[
caprine
] (genus Capra)
,dairy goats and meat
type goats
kept for the purpose of producing milk
or meat
for human consumption.
dairy
] goats
maintained on common ground, or two or more groups of [
dairy
] goats
under common ownership or supervision geographically separated but which have
an interchange or movement without regard to health status. (A group is construed
to mean one or more animals.)
Dairy goats
] which show no response to a tuberculin test or have been
classified negative by the testing veterinarian following the application
of the comparative cervical test.
dairy
] goat that
shows a response to a tuberculin test and is classified a reactor by the testing
veterinarian.
dairy
] goat which
shows a response to the caudal fold tuberculin test and is not classified
a reactor or [
dairy
] goats which have been classified suspects
by a c-c test.
over
] 12 months of
age
and older
. All natural additions shall be individually identified
and recorded on the test charts as members of the herd at the time of the
annual test.
dairy
] goat as a reactor or suspect. Goat herds with animals classified as
reactors or suspects will be quarantined and tested on the same schedule as
cattle (see §43.1 of this title (relating to Cattle)).
Subchapter C. Eradication of Tuberculosis in Cervidae
Chapter 51.
Interstate Shows and Fairs
the
] Texas herd must continue in the program
for five years after entry of the sheep.
morma
]
Chapter 60.
Scrapie