4 TAC §49.1
The Texas Animal Health Commission (commission) adopts an
amendment to Chapter 49, §49.1, concerning Equine, with changes to the
proposed text as published in the November 30, 2001, issue of the
Texas Register
(26 TexReg 9700).
Section 49.1 provides for Equine Infectious Anemia (EIA): Identification
and Handling of Infected Equine. This section is being amended to add an equine
infectious anemia testing requirement for equine stabled, pastured or residing
within two hundred yards of equine located on an adjacent premise.
On May 29, 2001, the commission received a petition, with 27 signatories,
requesting modifications to agency regulations regarding equine infectious
anemia requirements. The agency also received one e-mail supporting the petition.
The Commission considered the petition at their August 22, 2001, meeting and
requested that language be drafted to accomplish the objective of that petition.
The petition requested that "[e]quine animals stabled or pastured within
200 yards of equine belonging to another person shall be considered to be
a congregation point, and required to be tested for equine infectious anemia
if a neighboring owner requests it; provided that the neighboring owner making
the request has tested his or her animals. Proof of a negative EIA test shall
be presented to the owner of neighboring equine upon request."
The commission believes in order to protect equine from EIA and in order
to control the transmission and spread of EIA, it is necessary to adopt requirements
for the testing of equine that are pastured or reside within two hundred yards
of another equine. The commission believes that enacting such a requirement
will be protective of the equine of this state by reducing the potential of
transmission from any potentially infected equine by insuring that animals
in a close enough proximity to other equine are tested.
The commission bases the two hundred yard criteria on the epidemiologically
sound principle that the risk of exposure to a positive horse is minimal over
a two hundred yard separation distance. The disease is spread through a partly
engorged horsefly that feeds on an infected equine and immediately afterwards
engorges on another equine. This two hundred yard standard is currently utilized
by the commission in rules regarding quarantining of a positive animal.
Under Subsection (g) of §49.1, entitled Quarantine, "[a]ny equine
animal found to be a reactor to the official test will be quarantined....
at least 200 yards away from equine on adjacent premises." This rule was established
on the epidemiological principle that a distance of two hundred yards is protective
of equine against the spread in transmission of EIA. This adopted rule follows
that principle to its next logical step in protecting equine by requiring
that equine are tested if their contact with other equine is within two hundred
yards. This rule is an effective method for reducing the spread of EIA by
insuring that adjacent animals that have contact closer than two hundred yards
are tested.
The requirement is applicable to any equine that is stabled, pastured or
residing with an ability to come within two hundred yards of contact with
equine located on an adjacent premise. An equine owner can demonstrate that
the requirement is not applicable by providing verifiable information that
the equine are managed or pastured in such a way as to never be in closer
contact than two hundred yards with an adjacent equine. Also, an equine owner
can apply for a waiver to this requirement under Chapter 59, Title 4, Section
59.2 (c) for extenuating circumstances, provided such waiver is not in conflict
with sound epidemiologic principles. Individual hardship will commonly mean
unforeseen circumstances that affect the owner or the owner's operation and
are beyond the owner's control. Any waiver or variance from agency rule will
be documented and presented to the Commission at the next scheduled meeting.
The petition also requested that the rule be worded so that the testing
be required "...for equine infectious anemia if a neighboring owner requests
it; providing that neighboring owner making the request has tested his or
her animals. Proof of a negative EIA test shall be presented to the owner
of neighboring equine upon request." However, the commission feels that it
is most fairly administered by making the requirement applicable to all equine
that have contact within two hundred yards instead of limited to being requested
by a neighbor. Also, the commission believes in administering the EIA program
and that verification with commission requirements should be handled by agency
personnel.
The commission received one comment letter during the comment period supporting
the proposal with no requested changes. However, one point of clarification
was made at the Commission meeting regarding the use of the term "Coggins
test." The Coggins test represents one type of an authorized EIA test. Texas
recognizes three types of EIA tests, with the Coggins being one of those tests.
The intent of the rule is to insure a negative test and not limit it to a
Coggins test. As such, the rule is modified to reflect the need for a negative
EIA test and not just a "Coggins test." This adoption amends the proposed
new subsection (n).
The amendment is adopted under the Texas Agriculture Code, Chapter
161, §161.041, entitled "Disease Control." The commission shall protect
equine from equine infectious anemia. Subsection (b) provides that the commission
may act to eradicate or control any disease or agent of transmission for any
disease that affects livestock, exotic livestock, domestic animals, domestic
fowl, exotic fowl, or canines regardless of whether the disease is communicable.
The commission may adopt any rules necessary to carry out the purposes of
this subsection, including rules concerning testing, movement, inspection,
and treatment. Subsection (c) provides that a person commits an offense if
the person knowingly fails to handle, in accordance with rules adopted by
the commission, an animal infected with a disease listed in Subsection (a)
of this section. Subsection (d) provides that a person commits an offense
if the person knowingly fails to identify or refuses to permit an agent of
the commission to identify, in accordance with rules adopted by the commission,
an animal infected with a disease listed in Subsection (a) of this section.
Also the amendment is adopted under the authority of Section 161.057 entitled
"Classification of Areas." Subsection (a) provides that the commission by
rule may prescribe criteria for classifying areas in the state for disease
control. The criteria must be based on sound epidemiological principles. The
commission may prescribe different control measures and procedures for areas
with different classifications.
§49.1.Equine Infectious Anemia (EIA): Identification and Handling of Infected Equine.
(a)
Official Test. The agar gel immunodiffusion (AGID) test,
also known as the Coggins test, the Competitive Enzyme-Linked Immunosorbent
Assay (CELISA) test, and other USDA-licensed tests approved by the commission,
are the official tests for equine infectious anemia (EIA) in horses, asses,
mules, ponies, zebras and any other equine in Texas.
(b)
Authorization to conduct test. Only United States Department
of Agriculture (USDA)-approved laboratories, including USDA approved off-site
laboratories, are allowed to run the AGID and CELISA or other USDA licensed
tests and all tests will be official. Only test samples from accredited veterinarians
or other TAHC authorized personnel accompanied by a completed VS Form 10-11
can be accepted for official testing.
(c)
Official Identification of Equine Tested for EIA. All official
blood tests must be accompanied by a completed VS Form 10-11 (Equine Infectious
Anemia Laboratory Test) listing the description of the equine to include the
following: age, breed, color, sex, animal's name, and all distinctive markings
(i.e., color patterns, brands, tattoos, scars, or blemishes). In the absence
of any distinctive color markings or any form of visible permanent identification
(brands, tattoos or scars), the animal must be identified by indicating the
location of all hair whorls, vortices or cowlicks with an "X" on the illustration
provided on the VS Form 10-11. It must list owner's name, address, the animal's
home premise and county, the name and address of the authorized individual
collecting the test sample, and laboratory and individual conducting the test.
The EIA test document shall list one horse only.
(d)
Reactor. A reactor is any equine which discloses a positive
reaction to the official test. The individual collecting the test sample must
notify the animal's owner of the quarantine within 48 hours after receiving
the results.
(e)
Retest of reactors. Equine which have been disclosed as
reactors may be retested prior to branding provided:
(1)
owners or their agents initiate a request to the TAHC Area
Director of the area where the horse is located;
(2)
retests are conducted within 30 days after the date of
the original test;
(3)
blood samples for retests are collected by the person who
collected the sample for the first test or by TAHC personnel, and the blood
samples are submitted to the Texas Veterinary Medical Diagnostic Laboratory
(TVMDL) for testing;
(4)
the individual collecting the retest sample is provided
documentation that the animal being retested is the same as the one shown
positive on the initial test and can verify the retested equine as being the
same as shown on the original test document; and
(5)
the positive animal is held under quarantine along with
all other equine on the premise.
(f)
Official identification of reactors. A reactor to the official
test must be permanently identified using the National Uniform Tag Code number
assigned by the USDA to the state in which the reactor was tested followed
by the letter "A" (the code for Texas is 74A). The reactor identification
must be permanently applied by a representative of the Texas Animal Health
Commission who must use for the purpose of identification, a hot-iron brand
or freeze-marking brand. The brand must be not less than two inches high and
shall be applied to the left shoulder or left side of the neck of the reactor.
Reactors must be branded within ten days of the date the laboratory completes
the test unless the equine is destroyed. Any equine destroyed prior to branding
must be described in a written statement by the accredited veterinarian or
other authorized personnel certifying to the destruction. This certification
must be submitted to the Texas Animal Health Commission promptly.
(g)
Quarantine. Any equine animal found to be a reactor to
the official test will be quarantined by a representative of the Texas Animal
Health Commission to the premises of its home, farm, ranch or stable until
natural death, disposition by euthanasia, slaughter, or disposition to a Texas
Animal Health Commission approved, diagnostic or research facility. The quarantine
shall restrict the infected equine, all other equine on the premise, and all
equine epidemiologically determined to have been exposed to an EIA-positive
animal to isolation at least 200 yards away from equine on adjacent premises.
(h)
Movement of Reactors and Exposed Equine.
(1)
Reactor equine. Following official identification, a reactor
must be accompanied by a VS Form 1-27 permit issued by an accredited veterinarian
or other authorized state or federal personnel when moved from its home premises
either:
(A)
Directly to a slaughter plant, slaughter-only market, or
slaughter-only buying facility; or
(B)
Directly to an approved diagnostic or research facility;
or
(C)
Directly to a livestock market to be sold for slaughter,
provided that within 24 hours prior to entry, the equine is inspected by a
TAHC veterinarian or a Texas USDA-accredited veterinarian to ensure the equine
displays no clinical signs of EIA and has a normal temperature. The auction
market must isolate the positive equine from other equine, pen the positive
equine under a roof, and hold the positive equine on the premise for no longer
than 24 hours.
(2)
Exposed equine. Exposed equine must be identified with
an "S" brand placed on the left shoulder or left side of the neck, and be
accompanied by a VS Form 1-27 permit issued by an accredited veterinarian
or other authorized state or federal personnel when moved either:
(A)
Directly to a livestock market for sale directly to slaughter
provided the exposed equine is quarantined at the market in isolation from
other horses; or
(B)
Directly to a slaughter plant, slaughter-only market, or
slaughter-only buying facility; or
(C)
Directly to an approved diagnostic or research facility.
(i)
Requirements for testing equine on quarantined premises.
All equine determined to have been on the same premise with an EIA-positive
horse at the time the positive horse was bled shall be tested by an accredited
veterinarian at owner's expense or by Commission personnel. Nursing foals
are exempt from testing.
(j)
Requirements for Testing Exposed Equine and High Risk Herds.
(1)
Exposed equine. All equine epidemiologically determined
to have been exposed to an EIA-positive animal shall be quarantined and tested
by an Accredited Veterinarian at owner's expense or by Commission personnel.
Nursing foals are exempt from testing.
(2)
Whole herd testing. All equine except nursing foals that
are part of a herd from which a reactor has been classified shall be tested
by an Accredited Veterinarian at owner's expense or by Commission personnel.
A herd is:
(A)
All equine under common ownership or supervision that are
on one premise; or
(B)
All equine under common ownership or supervision on two
or more premises that are geographically separated, but on which the equine
have been interchanged or where there has been contact among the equine on
the different premises. Contact between equine on the different premises will
be assumed unless the owner establishes otherwise and the results of the epidemiologic
investigation are consistent with the lack of contact between premises; or
(C)
All equine on common premises, such as community pastures
or grazing association units, but owned by different persons. Other equine
owned by the persons involved which are located on other premises are considered
to be part of this herd unless the epidemiologic investigation establishes
that equine from the affected herd have not had the opportunity for direct
or indirect contact with equine from that specific premise.
(3)
High Risk Testing. Herds determined to be at high risk
shall be tested by an accredited veterinarian at owner's expense or by commission
personnel. High risk herds are those epidemiologically judged by a State-Federal
veterinarian to have a high probability of having or developing equine infectious
anemia. A high risk herd need not be located on the same premise as an infected
or adjacent herd.
(k)
Release of EIA quarantine. The EIA quarantine may be released
by the Texas Animal Health Commission after all quarantined equine test negative
at least 60 days following identification and removal of the last EIA-positive
equine as set out in subsections (f) and (h) of this section. Epidemiological
data may be considered in the release of the quarantine.
(l)
Requirements for Change of Ownership. A negative EIA test
within the previous 12 months is required for all equine, except zebras, which
are eight months of age or older, changing ownership in Texas, except, if
the animal is:
(1)
sold to slaughter, to be tested at the slaughter facility
at Commission expense; or
(2)
a nursing foal that is transferred with its dam and the
dam has tested negative for equine infectious anemia during the 12 months
preceding the date of the transfer.
(m)
Any equine sold to slaughter must be accompanied by a VS
Form 1-27 permit issued by an accredited veterinarian or other authorized
state or federal personnel when moved to a slaughter plant, slaughter-only
market, or slaughter-only buying facility.
(n)
Equine animals stabled, boarded or pastured within 200
yards of equine belonging to another person shall be considered to be a congregation
point. All equine must have a negative EIA test within the last twelve months.
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 February 25, 2002.
TRD-200201147
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: April 1, 2002
Proposal publication date: November 30, 2001
For further information, please call: (512) 719-0714