TITLE agriculture

Part II. Texas Animal Health Commission

Chapter 36. Exotic Livestock and Fowl

4 TAC §36.1, §36.2

The Texas Animal Health Commission adopts amendments to §36.1 and §36.2, concerning Exotic Livestock and Fowl. Section 36.1 is adopted without changes to the proposed text as published in the March 26, 1999, issue of the Texas Register (24 TexReg 2121) and will not be republished. Section 36.2 is adopted with a minor change to the proposed text as published in the March 26, 1999, issue of the Texas Register (24 TexReg 2121).

Section 36.1 is amended to make the section more clearly understandable.

Section 36.2 is amended to facilitate orderly commerce and improve marketability of Texas-origin ratites.

No comments were received regarding adoption of the amendments.

The change to §36.2 occurs under subsection (c)(5)(B). The reference has been changed to read "subparagraph (A) of this paragraph" rather than "subparagraphs (A)-(C)".

The amendments are adopted under the Texas Agriculture Code, Chapter 161, §§161.041, which authorizes the Commission to promulgate rules in accordance with the Texas Agriculture Code.

§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)

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 subparagraph (A) 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 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 May 3, 1999.

TRD-9902588

Gene Snelson

General Counsel

Texas Animal Health Commission

Effective date: May 23, 1999

Proposal publication date: March 26, 1999

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


Part III. Office of the Texas State Chemist/Feed and Fertilizer Control Service

Chapter 65. Commercial Fertilizer Rules

Subchapter C. Labeling

4 TAC §65.17

The Office of the Texas State Chemist, Texas Feed & Fertilizer Control Service, adopts an amendment to 4 TAC: Chapter 65 Commercial Fertilizer Rules §65.17 concerning the listing of fertilizer components without changes to the proposed text as published in the February 5, 1999, issue of the Texas Register (24 TexReg 650) and will not be republished.

The rule is being amended to eliminate the requirement to alphabetize fertilizer labeling; this will not deprive the consumer of essential information and it will provide a positive benefit to the fertilizer producer.

There were no comments received regarding the proposed amendment.

The amendment is adopted under the Texas Agriculture Code, Chapter 63, §63.004, which provides the Texas Feed and Fertilizer Control Service with the authority to adopt rules relating to the distribution of commercial fertilizers.

The Texas Agricultural Code, Texas Commercial Fertilizer Control Act, 4 TAC Chapter 63, Subchapter D, Labeling, §63.051 is affected by the amendment to the rule.

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 April 29, 1999.

TRD-9902544

Dr. George W. Latimer, Jr.

Assistant to the Associate Vice Chancellor of Agriculture

Office of the Texas State Chemist/Feed and Fertilizer Control Service

Effective date: May 19, 1999

Proposal publication date: February 5, 1999

For further information, please call: (409) 845-1121