Part 2.
TEXAS ANIMAL HEALTH COMMISSION
Chapter 35.
BRUCELLOSIS
Subchapter A. ERADICATION OF BRUCELLOSIS IN CATTLE
4 TAC §35.4
The Texas Animal Health Commission (commission) adopts amendments
to Chapter 35 concerning the Eradication of Brucellosis in Cattle, without
changes to the proposed text as published in the December 29, 2000, issue
of the
Texas Register
(25 TexReg 12874) and
will not be republished. This adoption amends current §35.4 which provides
for entry, movement, and change of ownership requirements.
The rule is being adopted to clarify that the vaccination requirements
for cattle entering Texas from other states apply to nonvaccinated female
cows. Correspondingly, the rule specifically exempts female cattle from other
free states as well as specifies the vaccination requirements for female cattle
from other than free states. The reason for the change is to recognize and
accept similar entry requirements for other states.
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), and §161.046 which authorizes the Commission
to promulgate rules in accordance with the Texas Agriculture Code. Also Chapter
163 of the Agriculture Code provides in §163.064 that the commission
may provide rules prescribing criteria for the classification of cattle for
the purpose of brucellosis testing.
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 19, 2001.
TRD-200101569
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: April 8, 2001
Proposal publication date: December 29, 2000
For further information, please call: (512) 719-0714
4 TAC §35.49
The Texas Animal Health Commission (commission) adopts the
repeal of §35.49 in Chapter 35, concerning Swine, without changes to
the proposed text as published in the December 22, 2000, issue of the
No comments were received regarding adoption of the repeal.
The repeal is 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.
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 19, 2001.
TRD-200101570
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: April 8, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 719-0714
4 TAC §41.2
The Texas Animal Health Commission adopts amendments to Chapter
41, concerning Fever Ticks, without changes to the proposed text as published
in the December 22, 2000, issue of the
Texas Register
(25 TexReg 12552) and will not be republished. This amends §41.2
which establishes the tick quarantine zone county by county.
The area to be included in the quarantine area was released from quarantine,
with the exception of the Stone Ranch, in the early 1960s, on the basis of
a double fence along the Rio Grande River, which became the current quarantine
line. This area has stayed mostly tick free, coinciding with a vigorous eradication
program in Coahuila. That program is now defunct, as witnessed by the 70-90
percent infestation rate of the stray Mexican cattle that we have apprehended
since 1993. We became concerned in 1993 when the Loma Linda Ranch showed to
be tick infested. Subsequent infestations in Loma Linda, Pradon Ranch, Stone
Ranch, and in Cinco Cattle Co. demonstrate the regular failure of double fences
as a tick barrier, and we feel that lack of a buffer zone will result in the
escape of ticks to the final area.
The commission is adopting changes to the boundaries of the quarantine
zone. The reason for the change is to establish new boundaries in order to
have the line follow a man-made barrier which is more secure in impeding the
fever tick from re-establishing its presence outside the boundary line. Also,
the boundary is being re-established in part to take in certain premises which
have had problems with fever ticks in recent years.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Texas Agriculture Code, Chapter
167, §167.003, which provides for general powers and duties of the commission
to eradicate fever ticks. Section 167.004 authorizes the commission by rule
to define what animals can be classified as exposed to ticks. Section 167.006
authorizes the commission to designate for tick eradication any county or
part of a county that the Commission believes contains ticks. Section 167.007
authorizes the Commission to conduct tick eradication in the free area.
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 19, 2001.
TRD-200101571
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: April 8, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 719-0714
Subchapter D. MOVEMENT RESTRICTION ZONE (MRZ)
4 TAC §43.30, §43.31
The Texas Animal Health Commission (commission) adopts amendments
to Chapter 43, concerning the Eradication of Tuberculosis, with changes to
the proposed text as published in the December 22, 2000, issue of the
The United States Department of Agriculture has recently amended federal
regulations implementing the National Cooperative State/Federal Bovine Tuberculosis
Eradication Program. The revised program is contained in 9 CFR, Part 77, "Tuberculosis,"
and in the "Uniform Methods and Rules--Bovine Tuberculosis Eradication" (UMR),
January 22, 1999, edition, which is incorporated by reference into the federal
regulations. Those federal regulations were just amended and adopted by USDA
to become effective on November 22, 2000. The regulations were amended to
do the following: (1) Allow a State to be divided into two zones for tuberculosis
risk classification; (2) clarify the conditions for assigning a particular
risk classification for tuberculosis; and (3) increase the identification
and testing requirements that must be done before certain cattle and bison
may be moved interstate.
In view of USDA's recognition of establishing different zones within the
state based on risk classifications and in order to address the tuberculosis
risk associated with the area located in and around the city of El Paso, Texas,
the commission is proposing to create a separate zone or area for El Paso
and Hudspeth counties due to the prevalence of tuberculosis in that area.
The creation of this zone will almost certainly result in the rest of the
state of Texas being recognized for a higher status (Accredited TB Free) which
requires zero prevalence for three (3) to five (5) years and will in turn
allow easier interstate movement.
Bovine tuberculosis (tuberculosis) is a chronic debilitating disease caused
by Mycobacterium bovis. The disease primarily affects cattle but can be transmitted
to humans and other animals. The Animal and Plant Health Inspection Service
(APHIS) is working cooperatively with the national livestock industry and
State animal health agencies to eradicate tuberculosis from domestic livestock
in the United States and, through continued monitoring and surveillance, to
prevent its recurrence. Scientific analysis and field observations have identified
significant tuberculosis threats that could lead to the spread of the disease
in the United States and compromise international and domestic trade in U.S.
animals and animal products. These outcomes would threaten producers with
losses and consumers with price increases.
Additionally, the U.S. cattle population continues to be threatened by
recurring tuberculosis infection of dairy herds in the El Paso, Tx, area.
Recent studies and field observations have indicated that the greatest risk
of re-infection in the El Paso area is directly related to the proximity of
U.S. dairy herds to tuberculosis-infected dairy herds in the Juarez area of
Chihuahua, Mexico. Despite ongoing testing of large dairy herds in the El
Paso area and removal of tuberculosis-infected animals from those herds, re-infection
of U.S. dairy herds in that area continues to occur.
This adoption to classify the state of Texas into two zones for the purposes
of establishing different movement requirements for tuberculosis based on
the level of risk is based on sound epidemiological principles. The El Paso
area has experienced re-occurring infection of dairy animals and the commission
believes that it is necessary to prescribe different control measures and
procedures for this area in order to address that problem. This lesser zone
status for the El Paso area will also allow the rest of the state of Texas
to establish a higher status based on the fact that there has not been a TB
infected herd outside the El Paso area since 1993.
In order to allow the rest of the state of Texas to establish a higher
status under the federal regulations for tuberculosis, the commission has
executed a memorandum of understanding with the USDA which will recognize
the different status for the different zones. The M.O.U. provides all the
detail on how the two agencies will cooperate to establish, implement and
administer the TB program in the two different zones. The El Paso and Hudspeth
County area will be a TB Modified Accredited Advanced zone and will have test
and identification requirements. The balance of the state will be TB Accredited
Free with no federal testing requirements for interstate movement. The location
of each herd of livestock located in the MRZ will be maintained through a
census conducted by state and federal personnel. This will insure that no
unauthorized movement in or out of the zone occurs.
The adopted rules define the area for the zone around El Paso and establishes
movement criteria both in and out of the zone as well as herd testing requirements.
No comments were received regarding adoption of the new rules.
The new rules 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. Also, §161.054
authorizes the commission to regulate by rule the movement of animals. This
is further supported by §161.081 which authorizes the commission to regulate
the entry of such livestock into Texas from another state. Section 162.009
authorizes the commission to examine, test and retest any cattle as necessary.
Section 161.057 authorizes the commission to adopt rules which may prescribe
criteria for classifying areas within the state for disease control. The commission
may prescribe different control measures and procedures for areas with different
classifications.
§43.30.Special Requirements for Movement Restriction Zone (MRZ).
(a)
Definition of Zone Boundaries: The Movement Restriction
Zone ("MRZ") is defined as a geographic area which includes an Affected Area,
where bovine tuberculosis occurs or has historically occurred, and a Surveillance
Area where the disease has not been detected, but which serves as a buffer
area between the Affected Area and the Free Zone of Texas. The boundaries
of the referenced zones and areas are as follows:
(1)
MRZ: The area of El Paso County and Hudspeth County which
lies within the boundaries established by the Rio Grande River on the West;
Loop 375 to FM 659 to US 62/180 on the North; the El Paso County line to I-10
to Spur 148 at Ft Hancock on the East; and Spur 148 to the Rio Grande River
on the South.
(A)
Affected Area within the MRZ: The area of the MRZ in El
Paso County which lies west of I-10, as defined above.
(B)
Surveillance Area within the MRZ: The area of the MRZ in
El Paso County which lies east of I-10, and all of the MRZ in Hudspeth County,
as defined above.
(2)
Free Zone: The area of Texas not included in the MRZ.
(b)
The movement of livestock out of the MRZ must be strictly
controlled. The movement of all cattle, bison, goats, captive cervids, exotic
bovids, and camelids shall be documented on a movement certificate issued
by an authorized representative of the State or Federal government. (Accepted
documents include VS Form 1-27 permits, Certificates of Veterinary Inspection,
and state approved certificates for intrastate movement). The certificate
shall include an official identification of each animal in the consignment,
and the date and results of tuberculosis tests as specified below.
(1)
Breeding animals, including cattle, bison, goats, exotic
bovids, and camelids, shall be negative to a tuberculosis test within 60 days
of movement. Animals from an Accredited herd are exempt from this test requirement.
(2)
Feeder animals, including steers, spayed heifers, and heifers
restricted to designated feedlots, may be moved without a tuberculosis test.
(3)
Slaughter animals may be moved directly to a state or federally
inspected slaughter establishment without a tuberculosis test.
(4)
Captive cervids must meet the following test requirements
for movement from the MRZ:
(A)
Animals from Accredited herds may be moved without a tuberculosis
test.
(B)
Animals from Qualified or Monitored herds shall be negative
to a tuberculosis test within 90 days of movement.
(C)
Animals less than 12 months of age that originate from
an Accredited, Qualified, or Monitored herd, may be moved without a tuberculosis
test.
(D)
Animals from all other herds shall be negative to two tuberculosis
tests conducted at least 90 days apart, with the second test conducted within
90 days of movement. In addition, the animals in a consignment must be separated
from all other members of the herd during the testing period.
(c)
Importation of cattle, bison, goats, captive cervids, exotic
bovids, and camelids into the MRZ:
(1)
To a market - All such livestock will keep the tuberculosis
status of the Tuberculosis Free Zone if they are maintained separately from
restricted animals originating within the MRZ . To maintain this status, they
must be moved directly out of the MRZ from the market within three days of
sale with the appropriate movement certificates. Specific arrangement of pens
and facilities necessary to provide effective biosecurity must be approved
by a representative of the Commission.
(2)
To a farm - Animals will assume the lower status of the
MRZ, or they must comply with status of the herd, if it is different (e.g.
accredited free in the MRZ.)
(3)
Captive Cervidae cannot be moved into the MRZ unless they
are accompanied by a Certificate of Veterinary Inspection verifying they have
been tested twice for tuberculosis at least 90 days apart, or tested as per
interstate movement requirements stated in 9CFR, Part 77 and are negative
(these requirements are summarized in subsection (b)(4) of this section).
§43.31.Testing Requirements in Movement Restriction Zone (MRZ).
(a)
All cattle, bison, captive cervid, exotic bovid, and camelid
herds within the Affected Area must be tested annually.
(b)
All cattle, bison, captive cervid, exotic bovid, and camelid
herds within the Surveillance Area must be tested on an interval not to exceed
two years.
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 19, 2001.
TRD-200101572
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: April 8, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 719-0714
Subchapter B. ERADICATION OF BRUCELLOSIS IN SWINE
Chapter 41.
FEVER TICKS
Chapter 43.
TUBERCULOSIS
Chapter 47.
APPROVED PERSONNEL