4 TAC §36.1, §36.2
The Texas Animal Health Commission proposes amendments to
§36.1 and §36.2, concerning Exotic Livestock and Fowl.
Section 36.1 is being amended to make the section more clearly understandable.
Section 36.2 is being amended to facilitate orderly commerce and improve
marketability of Texas-origin ratites.
Dr. Max Coats, Deputy Executive Director, 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.
Dr. Coats 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 ratites. 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, 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.
§36.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Camelidae--Members of the family of animals which includes
camels, lamas, and vicunas. The domestic members of the genus lama includes
the llama, alpaca, and guanaco.
(2)
Commission--Texas Animal Health Commission.
(3)
Exotic Bovidae--Non-indigenous members of the family
of animals which includes water buffalo, gnu (
wildebeest
[
wildebeast
]), addax, antelope and nilgai (among others).
(4)
Exotic Cervidae--Non-indigenous members of the family
of animals which includes deer, elk, moose, caribou, reindeer and the sub-family
musk deer.
(5)
Exotic fowl--Any avian species that is not indigenous
to this state. The term includes
ratites
[
ostriches
].
(6)
Exotic livestock--Grass-eating or plant-eating, single-hooved
or cloven-hooved mammals that are not indigenous to this state and are known
as ungulates, including animals from the swine, horse, tapir, camel, llama,
rhinoceros, elephant, deer, and antelope families.
(7)
Ratite--Exotic fowl with a flat breastbone and small
or nonexistent wings, such as ostriches, emu, moa, and kiwi.
§36.2.General.
(a)
All exotic livestock and ratites entering Texas from any
state, territory, foreign country or from any USDA-licensed quarantine facility
shall have an entry permit issued by the commission.
(b)
All exotic livestock and ratites entering the state of
Texas from any state, territory, foreign country or from any USDA-licensed
quarantine facility shall be accompanied by a certificate of veterinary inspection
stating that they have been inspected by an accredited veterinarian and are
free of external parasites and evidence of contagious and communicable disease.
(c)
The following named species entering the State of Texas
shall meet the specific requirements stated
in paragraphs (1)-(5) of
this subsection
and this information
shall be
recorded on
the certificate:
(1)
Exotic cervidae--Negative to a brucellosis test within
30 days prior to entry. Tuberculosis test requirements are specified in §
43.23 of this title (relating to Requirements for Entry into Texas).
(2)
Exotic Bovidae--Negative to a brucellosis test within
30 days prior to entry. Negative to a tuberculosis test within 60 days prior
to entry.
(3)
Camelidae--Negative to a brucellosis and axillary
skin test for tuberculosis within six months prior to entry, on all animals
18 months of age and older.
(4)
Exotic Swine--Negative to a brucellosis and pseudorabies
test within 30 days prior to entry.
(5)
Ratites--
(A)
Each bird will be individually identified with an implanted
electronic device (microchip). The identification will be shown on the certificate
of veterinary inspection along with the location and name brand of the implanted
electronic device. If an animal has more than one implanted microchip, then
the location, microchip number, and name brand of each will be documented
on the certificate of veterinary inspection. Birds or hatching eggs must originate
from flocks that show no evidence of infectious disease and have had no history
of Avian Influenza in the past six months. In addition, each bird must be
tested and found to be serologically negative for Avian Influenza and Salmonella
pullorum-typhoid from a sample collected within 30 days of shipment. A bird
serologically positive for Avian Influenza may be admitted if a virus isolation
test via cloaceal swab conducted within 30 days of shipment is negative for
Avian Influenza. The testing is to be performed in a state approved diagnostic
laboratory in the state of origin. Serologically positive birds admitted under
this section must be held under quarantine on the premise of destination in
Texas for virus isolation retest.
[
(B)
All ratites offered for sale at a public
sale or sold at private treaty within the state must be accompanied by a certificate
of veterinary inspection stating that they have been inspected by an accredited
veterinarian and are free of external parasites and clinical evidence of contagious
and communicable disease and the inspecting accredited veterinarian has no
personal knowledge of exposure thereto at the time of veterinary inspection,
and individually identified with an implanted electronic device. That identification
must be recorded on the certificate of veterinary inspection along with the
location, microchip number, and microchip name brand.
]
[
(C)
The microchip number and required test
results must be maintained in the sale records for consignments to a public
sale or the files of the buyer and seller when the animal is sold at private
treaty. These records must be maintained for a period of three years.
]
(B)
[
(D)
] Ratites destined for slaughter
only may enter Texas accompanied by an entry permit and either a waybill or
health certificate without meeting the requirements of subparagraphs (A)-(C)
of this paragraph.
(C)
All ratites originating within Texas and
changing ownership or being offered for public sale or sold by private treaty
within the state must be individually identified with an implanted electronic
device, a tag or band.
(D)
All identification must be maintained in
the sale records for consignments to a public sale or in the records of the
buyer and seller when the animals are sold at private treaty. These records
must be maintained for a period of three years.
(d)
The executive director of the commission may require an
inspection or test on any exotic livestock or exotic fowl for the detection
of any disease or parasite prior to importation when the executive director
has determined there is a risk of disease or parasite transmission. Entry
may be denied based on the results of these tests or inspections.
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
March 15, 1999.
TRD-9901551
Dr. Max Coats
Deputy Executive Director
Texas Animal Health Commission
Earliest possible date of adoption: April 25, 1999
For further information, please call: (512) 719-0714