TITLE agriculture

Part II. Texas Animal Health Commission

Chapter 31. Anthrax

4 TAC §31.2, §31.3

The Texas Animal Health Commission adopts amendments to §31.2 and §31.3, concerning anthrax, without changes to the proposed text as published in the January 1, 1999, issue of the Texas Register (24 TexReg 11).

Section 31.2 was amended to assure the Texas Department of Health notification about the occurrence of a potentially serious zoonotic disease.

Section 31.3 was amended to create a reasonable option for parties to accomplish the actions needed to control this disease without diminishing their responsibility.

No comments were received regarding adoption of the amendments.

The amendments are adopted 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.

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 March 15, 1999.

Deputy Executive Director

Texas Animal Health Commission

Effective date: April 4, 1999

Proposal publication date: January 1, 1999

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

Chapter 33. Miscellaneous Contagious Diseases and Disinfection

4 TAC §§33.1-33.4

The Texas Animal Health Commission adopts the repeal §§33.1-33.4, concerning miscellaneous contagious diseases and disinfection, without changes to the proposed text as published in the January 1, 1999, issue of the Texas Register (24 TexReg 11).

The sections are being repealed to reduce the number of regulations in place.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.

No comments were received regarding adoption of the repeals.

The repeals are adopted 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.

Filed with the Office of the Secretary of State on March 15, 1999.

Deputy Executive Director

Texas Animal Health Commission

Effective date: April 4, 1999

Proposal publication date: January 1, 1999

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

Chapter 43. Tuberculosis

The Texas Animal Health Commission adopts amendments to §§43.2, 43.10, 43.11, 43.23, and new §43.12, concerning tuberculosis. Section 43.12 is adopted with changes to the proposed text as published in the January 1, 1999, issue of the Texas Register (24 TexReg 12). Sections 43.2, 43.10, 43.11, and 43.23 are adopted without changes and will not be republished.

An error occurred in the proposed text of new §43.12. In the opening paragraph, the word "cattle" should have been goats. The section is being republished for clarification.

The amendments to §§43.1, 43.10, 43.11, 43.23 and new §43.12 are being adopted to provide for special entry requirements for cattle and bison originating from TB quarantined area in Michigan.

No comments were received regarding adoption of the amendments and new section.

Subchapter A. Eradication of Tuberculosis in Cattle

4 TAC §43.2

The amendment is adopted 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.

Filed with the Office of the Secretary of State on March 15, 1999.

Deputy Executive Director

Texas Animal Health Commission

Effective date: April 4, 1999

Proposal publication date: January 1, 1999

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

Subchapter B. Dairy and Meat Type Goats

4 TAC §§43.10-43.12

The amendments and new section are adopted 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.

§43.12.Requirements for Entry into Texas.

The following listed in this section are special entry requirements for goats 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.

All goats shall originate from an accredited herd.

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.

Filed with the Office of the Secretary of State on March 15, 1999.

Deputy Executive Director

Texas Animal Health Commission

Effective date: April 4, 1999

Proposal publication date: January 1, 1999

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

Subchapter C. Eradication of Tuberculosis in Cervidae

4 TAC §43.23

The amendment is adopted 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.

Filed with the Office of the Secretary of State on March 15, 1999.

Deputy Executive Director

Texas Animal Health Commission

Effective date: April 4, 1999

Proposal publication date: January 1, 1999

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

Chapter 51. Interstate Shows and Fairs

4 TAC §51.6

The Texas Animal Health Commission adopts an amendment to §51.6, concerning interstate shows and fairs, without changes to the proposed text as published in the January 1, 1999, issue of the Texas Register (24 TexReg 14).

The section is being amended to include hair sheep as a type of breeding sheep for entry purposes.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

Filed with the Office of the Secretary of State on March 15, 1999.

Deputy Executive Director

Texas Animal Health Commission

Effective date: April 4, 1999

Proposal publication date: January 1, 1999

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

Chapter 60. Scrapie

4 TAC §60.1, §60.2

The Texas Animal Health Commission adopts new §60.1 and §60.2, concerning scrapie. Section 60.2 is adopted with changes to the proposed text as published in the January 1, 1999, issue of the Texas Register (24 TexReg 14). Section 60.1 is adopted without changes and will not be republished.

Language in §60.2(a)(1) was inadvertently dropped from the proposed text as printed. Therefore, the section is being republished for clarification.

The new sections are being adopted to establish regulations for Scrapie control since it is a reportable disease in Texas.

No comments were received regarding adoption of the new sections.

The new sections are adopted under the Texas Agriculture Code, Chapter 161, §§161.041(a) and (b), 161.04b, and 161.081, which authorizes the Commission to promulgate rules in accordance with the Texas Agriculture Code.

§60.2.General Requirements.

Quarantines/hold orders.

All flocks suspicious of scrapie, including source flocks, will be placed under hold order and investigated pending final determination. Scrapie suspect animals and animals suspected of other neurological and chronic debilitating (prolonged wasting) illnesses are required to be made available to ensure proper tissue samples are collected and submitted to an official laboratory for diagnostic purposes. The final determination of the presence or absence of scrapie in a flock shall be made by the investigating Texas Animal Health Commission (TAHC) or USDA veterinarian. Animals determined to be infected with scrapie, and all scrapie suspects in infected flocks, must be destroyed and properly disposed of as described in subsection (b) of this section.

All flocks which have been infected within the previous 5 years and not complying with the USDA Voluntary Scrapie Flock Certification Program as described in paragraph (5)(B) of this subsection will be quarantined.

Flocks determined to be infected will be quarantined and the following listed in subparagraphs (A)-(B) of this paragraph will be required.

A flock plan to eradicate the disease from the flock will be developed. The flock plan will be developed by a state/federal regulatory veterinarian in consultation with the flock owner or caretaker and his veterinarian (if requested by the owner). The plan shall include provisions for release of quarantine as specified in paragraph (5) of this subsection. If a plan cannot be agreed upon, then the plan developed by the commission shall be final and the owner or caretaker will be provided a copy.

An epidemiological investigation will be performed following the diagnosis of infection. Traces to all animals or flocks, that could have been exposed, will be investigated for clinical signs. Animals and flocks being traced will be placed under hold order until a determination of the absence of scrapie can be made by either the observation of no clinical signs or by a preclinical test approved by USDA, APHIS. An agreement (or enrollment in the USDA Voluntary Scrapie Flock Certification Program Complete or Selective Monitored Category) will be made to provide for monitoring of the flock for evidence of scrapie for two years. Animals displaying clinical signs must be destroyed to ensure proper tissue samples are collected and submitted to an official laboratory for diagnostic purposes.

Movement restrictions. Animals showing clinical signs of scrapie shall not be removed from the premise until a diagnosis can be made. Animals not showing clinical signs of scrapie on a quarantined or hold order premise may be moved under the following conditions listed in subparagraphs (A)-(B) of this paragraph:

the animals are permitted on a VS 1-27 form and individually identified, or moved in an officially sealed conveyance and;

the animals are consigned directly to an approved slaughter facility for immediate slaughter.

Quarantines will be released in the following instances listed in subparagraphs (A)-(B) of this paragraph:

once the flock has completed the requirements of an individual flock plan and an epidemiological investigation is performed;

unless modified or waived by a designated scrapie epidemiologist, the flock plan will require, but not be limited to, the following listed in clauses (i)-(ii) of this subparagraph:

removal of all high risk animals from the flock in accordance with paragraph (4) of this subsection;

the flock must be enrolled and participating in the USDA Voluntary Scrapie Flock Certification Program as outlined in the flock plan.

Destruction of diseased animals will be accomplished by complete burning or burial of the carcasses on the premise where disclosed. Immediate destruction will be required in the following cases listed in paragraphs (1)-(2) of this subsection:

scrapie-positive animals;

suspect animals in infected flocks unless waived by a designated scrapie epidemiologist.

Filed with the Office of the Secretary of State on March 15, 1999.

Deputy Executive Director

Texas Animal Health Commission

Effective date: April 4, 1999

Proposal publication date: January 1, 1999

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