Part 2.
TEXAS ANIMAL HEALTH COMMISSION
Chapter 35.
BRUCELLOSIS
Subchapter D. ERADICATION OF BRUCELLOSIS IN CERVIDAE
4 TAC §35.82
The Texas Animal Health Commission ("TAHC" or "Commission")
proposes amendments to Chapter 35, Subchapter D, §35.82 concerning the
Eradication of Brucellosis in Cervidae.
TAHC adopted Subchapter D in the August 13, 1999, issue of the
Texas Register
(24 TexReg 6279). Section 35.82 contains requirements
for certified brucellosis free cervidae herds and establishes the procedures
and standards in order to make this determination.
The regulations describe general requirements for the collection and submission
of blood samples to approved laboratories for testing, recognition of official
tests, and the interpretation standards for official tests which are necessary
to recognize herds which have voluntarily conducted whole herd testing in
order to achieve Certified Brucellosis Free Cervidae Herd status. Herds which
have achieved this status have distinct advantages in the marketability and
interstate movement of animals. Currently the state requirements provide that
for recertification of herd status, be 24 months from the anniversary. Based
on actions recently taken with recertification for Tuberculosis the recommendation
is to make the recertification timeframe be 33 to 39 months and that USDA
will proposes this in the Code of Federal Regulation.
Currently there is no current federal cervid brucellosis regulatory program
in the 9 Code of Federal Regulations (9 CFR) and therefore no testing federal
interval requirement. The current Uniform Methods and Rules (UM&R) serves
only as program standards. It is the Commission's understanding that once
the cervid brucellosis program rules are in place (in the 9CFR), a new updated
UM&R reflecting the program changes will be published. Producers currently
enrolled in a cervid brucellosis herd certification program are doing so under
the authority of state regulations.
FISCAL NOTE
Mr. Mike Jensen, Assistant Executive Director of Administration, Texas
Animal Health Commission, has determined for the first five-year period the
amendment is in effect, there will be no additional fiscal implications for
state or local government as a result of enforcing or administering the amendment.
There will be no effect to individuals required to comply with the amendment
as proposed. Implementation of this rule poses no significant fiscal impact
on small or micro-businesses.
PUBLIC BENEFIT NOTE
Mr. Jensen also has determined that for each year of the first five years
the amendment is in effect, the public benefit anticipated as a result of
enforcing the amendment will be that the program will reflect the proposed
national standard.
LOCAL EMPLOYMENT IMPACT STATEMENT
In accordance with Government Code, §2001.022, this agency has determined
that the proposed amendment will not impact local economies and, therefore,
did not file a request for a local employment impact statement with the Texas
Workforce Commission.
TAKINGS ASSESSMENT
The agency has determined that the proposed amendment will not affect private
real property. These proposed amendments are an activity related to the handling
of animals, including requirements concerning testing, movement, inspection,
identification, reporting of disease, and treatment, in accordance with 4
TAC §59.7, and are, therefore, compliant with the Private Real Property
Preservation Act in Government Code, Chapter 2007.
REQUEST FOR COMMENT
Comments regarding the proposed amendments may be submitted to Dolores
Holubec, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758,
by fax at (512) 719-0721 or by e-mail at "comments@tahc.state.tx.us."
STATUTORY AUTHORITY
The amendment is proposed 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 163.061 authorizes
the commission to adopt rules for Brucellosis control.
No other statutes, articles, or codes are affected by the amendment.
§35.82.Requirements for Certified Brucellosis Free Cervidae Herd.
(a) - (b)
(No change.)
(c)
Recertification.
(1)
For continuous certification, the herd must have a negative
test of all animals required to be tested conducted within 90 days before
the certification anniversary date. If the certification test is conducted
within 90 days after the anniversary date, the certification period will be
33 to 39
[
(2)
If suspects or reactors are found on recertification testing,
certification status will be suspended and a herd investigation will be initiated.
(d) - (e)
(No change.)
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 February 12, 2007.
TRD-200700401
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: March 25, 2007
For further information, please call: (512) 719-0700
Subchapter C. ERADICATION OF TUBERCULOSIS IN CERVIDAE
4 TAC §43.20, §43.22
The Texas Animal Health Commission (Commission) proposes
amendments to Chapter 43, Subchapter C, §43.20 and §43.22, concerning
the Eradication of Tuberculosis. The Texas Animal Health Commission adopted
regulations in 1995 to implement the standards and guidelines specified in
the Tuberculosis Eradication in Cervidae, Uniform Methods and Rules.
On January 12, 2006, the United States Department of Agriculture (USDA)
published in the
Federal Register
(71 FR 1985-1988,
Docket No. 04-094-1) a proposal to amend the regulations regarding tuberculosis
in captive cervids by extending, from 2 years to 3, the term for which accredited
herd status is valid and increasing by 12 months the interval for conducting
the reaccreditation test required to maintain the accredited tuberculosis-free
status of cervid herds. USDA is also reducing, from three tests to two, the
number of consecutive negative official tuberculosis tests required of all
eligible captive cervids in a herd before a herd can be eligible for recognition
as an accredited herd. The Commission is also changing the definition of "Accredited
Herd" in §43.20 to conform to the change in the requirements. They adopted
that change on April 27th, 2006, and it was published in the Federal Register
(71 FR 24803-24805, Docket No. 04-094-2) as a final rule. The Commission is
changing the state requirements to conform to the federal standards. These
actions will reduce testing costs for herd owners, lessening the potential
for animal injury or death during testing, and lowering administrative costs
for the Commission.
FISCAL NOTE
Mr. Mike Jensen, Assistant Executive Director of Administration, Texas
Animal Health Commission, has determined for the first five-year period these
amendments are in effect, there will be no additional fiscal implications
for state or local government as a result of enforcing or administering the
amendments. There will be no effect to individuals required to comply with
these amendments as proposed. Implementation of these amendments poses no
significant fiscal impact on small or micro-businesses.
PUBLIC BENEFIT NOTE
Mr. Jensen also has determined that for each year of the first five years
these amendments are in effect, the public benefit anticipated as a result
of enforcing the amendments will be that the state requirements will conform
to the federal standard.
LOCAL EMPLOYMENT IMPACT STATEMENT
In accordance with Government Code, §2001.022, this agency has determined
that the proposed amendments will not impact local economies and, therefore,
did not file a request for a local employment impact statement with the Texas
Workforce Commission.
TAKINGS ASSESSMENT
The agency has determined that the proposed amendments will not affect
private real property. These proposed amendments are an activity related to
the handling of animals, including requirements concerning testing, movement,
inspection, identification, reporting of disease, and treatment, in accordance
with 4 TAC §59.7, and are, therefore, compliant with the Private Real
Property Preservation Act in Government Code, Chapter 2007.
REQUEST FOR COMMENT
Comments regarding the proposed amendments may be submitted to Dolores
Holubec, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758,
by fax at (512) 719-0721 or by e-mail at "comments@tahc.state.tx.us."
STATUTORY AUTHORITY
The amendments are proposed 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.
No other statutes, articles or codes are affected by the amendments.
§43.20.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Accredited Herd--A herd that has passed at least
two
[
(2) - (26)
(No change.)
§43.22.Herd Status Plans for Cervidae.
(a)
Accredited Herd Plan.
(1)
(No change.)
(2)
Qualifying standards. To meet the requirements for accredited
herd status, the herd must pass at least
two
[
(3)
(No change.)
(4)
Reaccreditation. To qualify for reaccreditation, the herd
must pass a test within a period of
33 to 39
[
(b) - (e)
(No change.)
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 February 12, 2007.
TRD-200700402
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: March 25, 2007
For further information, please call: (512) 719-0700
24
] months from the anniversary and not
33
to 39
[
24
] months from the recertifying test. During the
interval between the anniversary date and the recertifying test, certification
will be suspended. If a herd blood test for recertification is not conducted
within 90 days after the anniversary date, the certification requirements
are the same as for initial certification.
Chapter 43.
TUBERCULOSIS
three
] consecutive official tuberculosis tests of all
eligible animals conducted at nine to 15 month intervals, has no evidence
of bovine tuberculosis, and meets the requirements of the UM&R.
three
]
consecutive official tests for tuberculosis at nine to 15 month intervals
with no evidence of bovine tuberculosis disclosed. Herds meeting these standards
shall be issued a certificate by the Commission.
21-27
]
months of the anniversary date. The accreditation period will be
36
[
24
] months [
(730 days)
] from the anniversary date (not
36
[
24
] months from the date of the reaccreditation test).
Chapter 45.
REPORTABLE DISEASES