Part 1. TEXAS DEPARTMENT OF AGRICULTURE
Chapter 8. AGRICULTURAL HAZARD COMMUNICATION REGULATIONS
The Texas Department of Agriculture (the department) proposes amendments to §8.2, concerning definitions, and §8.11, concerning training programs provided by the department for agricultural laborers. The amendment to §8.2 is proposed to amend the definition of "Service" to reflect the name change from the Texas Cooperative Extension Service to the Texas AgriLife Extension Service. The amendment to §8.11, relating to counties in which the department has the responsibility to provide training programs, is proposed to specify the counties in which the department has primary responsibility for administering and providing for training programs for agricultural laborers.
The proposed amendment to §8.11 is made to comply with §125.009 of the Texas Agriculture Code, which requires that the department in conjunction with the Texas AgriLife Extension Service shall develop an on-going training program for agricultural laborers. The department is required to provide training in counties with a hired farm labor work force of 2,000 or more, according to the most recent United States Census of Agriculture. The department may also provide training in additional counties that it has determined that a significant farm labor work force exists. Specific proposed changes made to §8.11(b)(1) identifies counties that have a farm labor work force of 2,000 or more according to the 2002 United States Census of Agriculture. Specific proposed changes to §8.11(b)(2) identifies those counties that the department has determined have a significant farm labor work force and the department will continue to provide on-going training programs in those counties.
Jimmy Bush, assistant commissioner for pesticides, has determined that for the first five-year period the proposed amendments are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections, as amended.
Mr. Bush also has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the sections will be increased efficiency and effectiveness in the training programs provided in counties that have a significant farm labor work force. There will be no effect on small or large businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed.
Comments on the proposal may be submitted to Jimmy Bush, Assistant Commissioner for Pesticide Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Comments must be received no later than 30 days from the date of publication of the proposed amendments in the Texas Register.
The amendments to §8.2 and §8.11 are proposed under the Texas Agriculture Code §125.014, which provides the Texas Department of Agriculture with the authority to adopt rules and administrative procedures to carry out the provisions of Chapter 125 of the Texas Agriculture Code.
The Texas Agriculture Code, Chapter 125, is affected by the proposal.
§8.2.Definitions.
In addition to the statutory definitions, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) - (20) (No change.)
(21) Service--The Texas AgriLife [Agricultural
] Extension Service.
(22) - (30) (No change.)
§8.11.Training Program.
(a) (No change.)
(b) Training provided by the department.
(1) The department shall provide the training program
in counties with a hired farm labor work force of 2,000 or more, according
to the most recent United States Census of Agriculture. The counties
are as follows: Cherokee [Bexar, Cameron, Dawson, Fort Bend
], Gaines, Harris [Gonzales, Hale],
Hidalgo, Parker [Lamb, Lubbock], Smith, [
Starr,] and Wharton [Terry].
(2) The department shall provide training in the following additional counties which it has determined as having a significant farm labor work force: Bexar, Cameron, Castro, Dawson, Deaf Smith, Erath, Floyd, Fort Bend, Frio, Gonzales, Hale, Hockley, Lamb, Lubbock, McLennan, Matagorda, Milam, Pecos, Starr, Terry, Uvalde, Van Zandt, Waller, Willacy, and Zavala.
(3) (No change.)
(c) - (g) (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 March 3, 2008.
TRD-200801252
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: April 13, 2008
For further information, please call: (512) 463-4075
The Texas Department of Agriculture (the department) proposes an amendment to §23.4, concerning Rose Grading. The amendment is proposed to correct an error in the rose grading caliper specification chart found in §23.4(c)(5). The proposal changes the No.1 1/2 Grade for Polyantha, Shrub Landscape, and Low Growing Floribunda Roses caliper from 1/16 to 2/16, which is the correct caliber and the caliber actually required by the department for the No. 1 1/2 grade.
David Kostroun, assistant commissioner for regulatory programs, has determined that for the first five-year period the amended section is in effect, there will be no fiscal implication for the state or local government as a result of enforcing or administering the amended section.
Mr. Kostroun also has determined that for each year of the first five years the amended section is in effect, the public benefit anticipated as a result of enforcing the new sections will be to have the correct caliber requirement for Polyantha, Shrub Landscape, and Low Growing Floribunda Roses in §23.4(c)(5). There is no anticipated cost to persons, microbusinesses or small businesses required to comply with the proposed amendment because the amendment merely serves to correct the caliper requirement to make it consistent with current requirements and agency practice.
Comments on the proposal may be submitted to David Kostroun, Assistant Commissioner for Regulatory Programs,Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register.
The amendment to §23.4 is proposed under the Texas Agriculture Code, §121.007. which provides the department with the authority to adopt rules necessary for the inspection, grading, and labeling of all rose plants sold or offered for sale in Texas.
The code affected by the proposal is the Texas Agriculture Code, Chapter 121.
§23.4Labeling.
(a) - (b) (No change.)
(c) Grade sizes.
(1) - (4) (No change.)
(5) All canes used in grading must branch within three inches of the bud union. The caliper of the cane will be measured at four inches from the bud union.
(6) (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 March 3, 2008.
TRD-200801254
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: April 13, 2008
For further information, please call: (512) 463-4075
The Texas Animal Health Commission ("TAHC" or "Commission") proposes amendments to Chapter 55, §55.3 concerning the Feeding of Garbage to Swine. Section 55.3 contains requirements for registration of people who feed unrestricted garbage to swine. This proposal will add an explicit requirement that, the swine will need to be tested by the Commission for pseudorabies and Brucellosis. Because these permitted operations can be a high risk for diseases the Commission believes that the swine should be tested for pseudorabies and Brucellosis as part of the regulatory process in order to protect against the risk of exposure. Brucellosis and pseudorabies and other diseases are of concern to the Commission because of the high risk that may be transmitted among swine or to other species of livestock. This added requirement by the Commission allows the agency to require a test or tests of swine on the registered location at any time the commission determines that the risk is sufficient, based on a risk assessment, to warrant a test. The amendment is being added in §55.3(c) under permit requirements. Language was also added to state that as determined by disease risk assessment to require the testing of swine for diseases determined to pose a risk to other swine. The test will be performed by agency personnel.
FISCAL NOTE
Ms. Angela Lucas, Deputy Director of Administration and Finance, Texas Animal Health Commission, has determined for the first five-year period the rule is in effect, there will be no additional fiscal implications for state or local government as a result of enforcing or administering the rule. Implementation of this rule poses no significant fiscal impact on small or micro-businesses. In response to the requirements for an Economic Impact Statement and Regulatory Analysis this rule will not have an adverse impact on small businesses. The rule will provide that these permittees be tested but because the agency is performing the test and there is not a cost to the permittee and after testing if negative, they will know they have swine which do not have either disease.
PUBLIC BENEFIT NOTE
Ms. Lucas also has determined that for each year of the first five years the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be that the these high risk herds will be tested for status on these two diseases and it will provide a method of consistent disease surveillance in protecting the swine industry.
LOCAL EMPLOYMENT IMPACT STATEMENT
In accordance with Government Code, Section 2001.022, this agency has determined that the proposed rule 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 governmental action will not affect private real property. These proposed rules 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 §165.026 of the Texas Agriculture Code provides the Commission with specific statutory authority to regulate and register people who feed unrestricted garbage to swine. Specifically, in subsection (c) it provides that "(t)he commission may adopt rules for registration under this section, including rules providing for registration issuance, revocation, and renewal, disease tests, inspections, bookkeeping, and appropriate handling and treatment of unrestricted garbage."
No other statutes, articles, or codes are affected by the amendment.
§55.3.Feeding of Garbage.
(a) In addition to the definitions set out in the Texas
Agriculture Code, Chapter 165 and Chapter 55 of this title (relating
to Swine) and Chapter 35 Subchapter B, of this title (relating to
Brucellosis), the following words and terms, when used in this
section [subsection
], shall have the following meanings,
unless the context clearly indicates otherwise:
(1) Restricted garbage--includes the animal refuse matter and the putrescible animal waste resulting from handling, preparing, cooking, or consuming food containing all or part of an animal carcass, the animal waste material by-products or commingled animal and vegetable waste material by-products of a restaurant, kitchen, cookery, or slaughterhouse, and refuse accumulations of animal matter, commingled animal and vegetable matter, liquid or otherwise.
(2) Unrestricted garbage--includes the vegetable, fruit, dairy, or baked goods refuse matter and vegetable waste and refuse accumulations resulting from handling, preparing, cooking, or consuming food containing only vegetable matter, liquid or otherwise.
(3) Person--includes any individual, partnership, association, corporation, company, joint stock association, governmental subdivision, public or private organization of any character, body politic or any organized group of persons, whether incorporated or not; including any trustee, receiver, assignee, or similar representative thereof.
(b) A person is prohibited from feeding restricted garbage to swine or providing restricted garbage to any person for the purpose of feeding swine.
(c) A person may feed unrestricted garbage to swine only if the person first registers with and secures a permit from the commission.
(1) Each location where unrestricted garbage is fed to swine shall be registered with the Commission.
(2) Registered locations shall be issued a permit upon compliance with the requirements contained in this section.
(3) Feral swine shall not be fed on the premises of a registered location.
(4) Prior to registration/re-registration approval, a brucellosis and pseudorabies negative test may be required on all breeding swine based on the outcome of a disease risk analysis of the herd. Tests for other diseases may be conducted on the samples collected for registration approval or renewal.
(5) An annual disease risk analysis shall be conducted by a state or federal inspector on each registered location.
(6) As determined by an analysis of risk for brucellosis and pseudorabies and other diseases of concern that may be transmitted among swine or to other species of livestock, the commission may require a test or tests of swine on the registered location at any time the commission determines that the risk is sufficient to warrant a test.
(d) Garbage feeding permit.
(1) Permits are valid for a two year period from the date of issuance.
(2) Application. Application for a permit shall be submitted on a form prescribed by the Commission providing at least the following information:
(A) Name, address and telephone number of applicant
(B) Physical location of the garbage feeding facility
(C) Type of garbage to be fed and source(s) of garbage received
(3) Renewal.
(A) A disease risk analysis shall be conducted on each registered location 30 - 60 days prior to expiration of the permit and it will be necessary to reapply.
(B) If a properly completed application for the renewal of a permit is not made between 30 - 60 days prior to its expiration, the permit will terminate at the end of its stated term.
(C) An extension of the permit expiration date may be provided pending completion of the disease risk analysis and any required testing resulting from the analysis.
(e) Inspection authority.
(1) For the purpose of inspection, examination, or sampling, Commission representatives are entitled to enter at reasonable hours any building or place owned, controlled, or operated by a permitted person if from probable cause it appears that the building or place is in the business of feeding garbage to swine.
(2) A commission representative shall perform inspections of applicants for registration at a time when normal feeding activities can be observed.
(f) Facilities.
(1) Garbage shall not be fed on the ground.
(2) If feeding platforms are used, there must be watertight platform space of at least three square feet for each hog to be fed.
(3) If troughs are used, at least one linear foot must be supplied for each hog to be fed.
(g) Records: The permit holder shall maintain a daily log reflecting the amount of garbage collected and the sources of such garbage. A copy of the log shall be provided to a commission representative upon request.
(h) Sanitation
(1) Water.
(A) There shall be a sufficient supply of water for cleaning.
(B) There shall be a sufficient supply of clean water available for swine to drink at all times.
(C) Shelters and feeding areas shall be constructed to provide for satisfactory drainage.
(2) Rodent and Pest Control.
(A) Effective fly and rodent control measures shall be used.
(B) Containers used to transport or store garbage shall be closed and sufficiently sealed to prevent access by rodents or insects. These containers shall be kept clean and free from accumulations of grease or foreign matter.
(3) Excess garbage shall be removed from the premises, and is not to remain on the premises over 36 hours. Unused, excess, or spoiled garbage shall be buried or burned and shall under no circumstances be poured or dumped in the feeding or cooking area.
(4) Dead animals shall be removed from the registered location premises promptly and disposed of in accordance with local ordinances.
(i) Violations and Penalties. In addition to any other violations that may arise under the act or this chapter:
(1) It is a violation for any person to falsify an application.
(2) Any violation of these rules is subject to the appropriate administrative, civil or criminal penalties. In addition, the agency may revoke or deny renewal of a permit, and/or assess administrative penalties against any person for a violation of these rules.
(j) The prohibition contained in subsection (b) of this section is nonapplicable for a facility operated by the Texas Department of Criminal Justice if the garbage is properly treated in accordance with applicable federal requirements.
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 27, 2008.
TRD-200801175
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: April 13, 2008
For further information, please call: (512) 719-0700