Proposed Rules Title 4

TITLE 4. AGRICULTURE

PART 2. TEXAS ANIMAL HEALTH COMMISSION

SUBCHAPTER A. ERADICATION OF BRUCELLOSIS IN CATTLE

The Texas Animal Health Commission (commission) proposes amendments to §35.4, concerning Entry, Movement, and Change of Ownership, in Chapter 35, which is entitled "Brucellosis". The purpose of the amendments is to remove the current permanent official identification requirement for sexually intact adult cattle changing ownership and to change the entry requirements for sexually intact cattle entering Texas from the states of Idaho, Montana, and Wyoming due to the risk of brucellosis, which is prevalent in the Greater Yellowstone Area (GYA) of those states.

The commission recently adopted identification requirements that all sexually intact cattle that are parturient or post parturient or 18 months of age and older, changing ownership, shall be officially identified with commission-approved permanent identification. The commission is proposing to remove the identification requirements for cattle and move any identification requirements to a new chapter for the purpose of establishing the standards for livestock under the federal animal disease traceability program.

The commission is also proposing to change the brucellosis regulations to require an entry permit and a post entry test for all breeding cattle from the states of Idaho, Montana, and Wyoming. In view of the continued occurrence of brucellosis infection disclosed in domestic cattle, elk, and bison in the states of Wyoming, Montana, and Idaho that border Yellowstone National Park, otherwise known as the GYA, the commission is proposing bovine brucellosis entry regulations for breeding cattle from these three states. Analysis of the United States Department of Agriculture Veterinary Services (USDA-VS) October 2012 review of the GYA states disclosed various weaknesses in the biosecurity plans for cattle movements from the Designated Surveillance Area (DSA), even though all three states are considered "Free" of brucellosis by USDA. Test-eligible cattle (sex/age requirements vary between the states) within the DSA of all three states are allowed movement out of the DSA with one negative test within 30 days, which appears to qualify these animals for interstate shipment without restrictions. Information gathered during the USDA-VS review and more recent information on elk population dynamics raises great concern about the ability of the GYA states' brucellosis management plans to adjust quickly enough to prevent spread of disease. The cessation of comprehensive national and state brucellosis surveillance puts Texas at risk of not being able to quickly detect brucellosis if introduced from these states.

The commission is proposing that all sexually intact females and breeding bulls over 18 months of age entering Texas from Idaho, Montana, and Wyoming be held under restriction until tested negative for bovine brucellosis no less than 60 days and no more than 120 days after entry. Female cattle under 18 months of age (heifers) or adult females that have not calved (pre-parturient) must test negative no less than 30 days nor more than 90 days after calving (post parturient). All testing will be at the owner's expense. All cattle described above requiring a post entry test must also receive an entry permit issued in advance by the commission.

FISCAL NOTE

Ms. Larissa Schmidt, Director of Administration, Texas Animal Health Commission, has determined for the first five-year period the rule is in effect, there will be no significant additional fiscal implications for state or local government as a result of enforcing or administering the rule. An Economic Impact Statement (EIS) is required if the proposed rule has an adverse economic effect on small businesses. The agency has evaluated the requirements and determined that there is not an adverse economic impact and, therefore, there is no need to do an EIS. Implementation of this rule poses no significant fiscal impact on small or micro-businesses.

PUBLIC BENEFIT NOTE

Ms. Schmidt has also determined that for each year of the first five years the rule is in effect, the public benefit will be to protect the Texas cattle industry from any undue risk of exposure to brucellosis.

LOCAL EMPLOYMENT IMPACT STATEMENT

In accordance with Texas Government Code §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. The proposed amendments address an activity related to the handling of animals, including requirements for 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 proposal may be submitted to Carol Pivonka, 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 following statutory authority as found in Chapter 161 of the Texas Agriculture Code. The commission is vested by statute, §161.041(a), with the requirement to protect all livestock, domestic animals, and domestic fowl from disease. The commission is authorized by §161.041(b) to act to eradicate or control any disease or agent of transmission for any disease that affects livestock. That subsection also provides that the commission also is authorized to adopt any rules necessary to carry out the purposes of this subsection, including rules concerning testing, movement, inspection, and treatment.

Section 161.056 provides that in order to provide for to control disease and enhance the ability to trace disease-infected animals or animals that have been exposed to disease, the commission may develop and implement an animal identification program that is consistent with the USDA's National Animal Identification System. Also, subsection (c) provides that the commission may require the use of official identification numbers assigned as part of the animal identification program for animal disease control, animal emergency management, and other commission programs.

As a control measure, the commission by rule may regulate the movement of animals. The commission may restrict the intrastate movement of animals even though the movement of the animals is unrestricted in interstate or international commerce. The commission may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved. That is found in §161.054. An agent of the commission is entitled to stop and inspect a shipment of animals or animal products being transported in this state in order to determine if the shipment originated from a quarantined area or herd; or determine if the shipment presents a danger to the public health or livestock industry through insect infestation or through a communicable or noncommunicable disease. That authority is found in §161.048.

Section 161.061 provides that if the commission determines that a disease listed in §161.041 of this code or an agency of transmission of one of those diseases exists in a place in this state or among livestock, exotic livestock, domestic animals, domestic fowl, or exotic fowl, or that a place in this state where livestock, exotic livestock, domestic animals, domestic fowl, or exotic fowl are exposed to one of those diseases or an agency of transmission of one of those diseases, the commission shall establish a quarantine on the affected animals or on the affected place.

Chapter 163 has statutory authority for brucellosis control. Section 163.002, entitled "Cooperative Program", provides that "In order to bring about effective control of bovine brucellosis, to allow Texas cattle to move in interstate and international commerce with the fewest possible restrictions, and to accomplish those purposes in the most effective, practical, and expeditious manner, the commission may enforce this chapter and enter into cooperative agreements with the United States Department of Agriculture."

Also, §163.066 provides "As a control measure, the commission by rule may regulate the movement of cattle. The commission may restrict the intrastate movement of cattle even though the movement of the cattle is unrestricted in interstate or international commerce. The commission may require testing, vaccination, or another procedure that is epidemiologically sound before or following the movement of cattle."

No other statutes, articles or codes are affected by the proposal.

§35.4.Entry, Movement, and Change of Ownership.

(a) Requirements for cattle from foreign countries without comparable brucellosis status that enter and remain in Texas. (Note: Cattle from foreign countries with comparable brucellosis status would enter by meeting the requirements for a state with similar status.)

(1) Permit requirement. Sexually intact cattle must obtain an "E" permit from the Texas Animal Health Commission prior to moving to a destination in Texas other than direct to slaughter, quarantined feedlot or designated pens. The permit number must be entered on the Importation Certificate (VS Form 17-30) and a copy of that certificate forwarded to the Commission's office in Austin immediately following issuance.

(2) Branding requirements.

(A) Sexually intact cattle destined for a quarantined feedlot or designated pen must be "S"-branded prior to or upon arrival at the quarantined feedlot or designated pen.

(B) Spayed heifers shall be identified by branding prior to entry as specified in §35.1 of this title (relating to Definitions).

(3) Vaccination requirement. Nonvaccinated sexually intact female cattle between four and 12 months of age entering for purposes other than immediate slaughter or feeding for slaughter in a quarantined feedlot or designated pen shall be placed under quarantine on arrival and officially brucellosis vaccinated as outlined in §35.2(m) of this title (relating to General Requirements). The quarantine may be released after meeting test requirements.

(4) Testing requirements for bulls entering for purposes other than immediate slaughter or feeding in a quarantined feedlot or designated pen. Bulls entering for purposes other than immediate slaughter or feeding in a quarantined feedlot or designated pen shall be tested at the port of entry into Texas under the supervision of the port veterinarian, and placed under quarantine and retested 120 to 180 days after arrival. The quarantine will be released following a negative brucellosis test.

(5) Testing requirements for females entering for purposes other than immediate slaughter or feeding in a quarantined feedlot or designated pen. All sexually intact female cattle entering for purposes other than immediate slaughter or feeding for slaughter in a quarantined feedlot or designated pen shall be tested at the port of entry into Texas under the supervision of the port veterinarian, and placed under quarantine on arrival and retested for brucellosis in no less than 120 days nor more than 180 days after arrival for release of the quarantine; however, if the sexually intact female cattle have not had their first calf prior to the 120 to 180 day post entry test, the quarantine will not be released until a second negative test for brucellosis is conducted no sooner than 30 days after the animal has had its first calf and the second negative test has been confirmed.

(6) Testing requirements for sexually intact cattle moving directly to a quarantined feedlot or designated pen. All sexually intact cattle destined for feeding for slaughter in a quarantined feedlot or designated pen must be tested at the port of entry into Texas under the supervision of the port veterinarian. These cattle must be "S"-branded prior to or upon arrival at the quarantined feedlot or designated pen, and may move to the quarantined feedlot or designated pen only in sealed trucks with a VS 1-27 permit issued by a representative of TAHC or USDA.

(7) Responsibility for costs. All costs of calfhood vaccination, testing, and retesting shall be borne by the owner.

(b) Requirements for cattle entering Texas from other states.

(1) Vaccination. All nonvaccinated female cattle between four and 12 months of age shall be officially vaccinated prior to entry. Exceptions to these vaccination requirements are:

(A) Female cattle entering for purposes of shows, fairs and exhibitions and returning to their original location.

(B) Female cattle moving within commuter herds.

(D) Female cattle from free states.

(E) Female cattle from other than free states shall be vaccinated as follows:

(i) Entering from an out-of-state farm of origin will be accompanied by a waybill to a Texas market, a feedlot for feeding for slaughter, or direct to slaughter. These cattle may be vaccinated at the market at no expense to the state prior to leaving the market and be moved freely. If these cattle are not vaccinated at the market, then they shall be consigned from the market only to a feedlot for feeding for slaughter or direct to slaughter, accompanied by an "S" permit. If consigned to a feedlot, they shall also be "F" branded high on the tail-head prior to or upon entering the feedlot.

(ii) Entering from an out-of-state livestock market to a Texas livestock market, a feedlot for feeding for slaughter or direct to slaughter will be accompanied by an "S" brand permit or certificate of veterinary inspection. Individual identification is not required. These cattle may be vaccinated at no expense to the state prior to leaving the market and be moved freely. If these cattle are not vaccinated at the market, then they shall be consigned from the market only to a feedlot for feeding for slaughter, or direct to slaughter, and accompanied by an "S" permit. If consigned to a feedlot, they shall also be "F" branded high on the tail-head prior to or upon entering the feedlot.

(iii) Entering from any out-of-state location and destined for a Texas premise may enter on a calfhood vaccination permit and must be vaccinated at no expense to the state within 14 days after arriving at the premise of destination.

(2) Testing. All non-quarantined cattle that are parturient or post parturient or that are 18 months of age and over (as evidenced by the loss of the first pair of temporary incisor teeth), except steers and spayed heifers entering Texas:

(A) shall be moved directly from:

(i) a class free state or area; or

(ii) a certified free herd; or

(iii) a commuter herd as defined in these sections; or

(B) Cattle not from class free states or areas, certified brucellosis free herds, or commuter herds shall be "S"-branded and moved directly to a quarantined feedlot, to designated pens, or to slaughter, accompanied with an "S" permit, or moved directly from a farm of origin to a USDA specifically approved livestock market to be "S"-branded and moved directly to a quarantined feedlot, to designated pens, or to slaughter accompanied with an "S" permit; or

(i) cattle from a Class "A" state or area shall:

(I) be tested negative within 30 days prior to entry; or

(II) be moved directly from a farm of origin to a USDA specifically approved livestock market for a negative test prior to sale;

(ii) cattle from a class "B" state or area shall:

(I) be tested negative within 30 days prior to entry, accompanied with an "E" permit, and held under quarantine for a negative retest 45-120 days at a farm, ranch, or feedlot; or

(II) be moved directly from a farm of origin to a USDA specifically approved livestock market for a negative test and held under quarantine for a negative retest 45-120 days after sale to a farm, ranch, or feedlot.

(3) Requirements for cattle entering Texas from Idaho, Wyoming, and Montana.

(A) All breeding bulls and sexually intact female cattle entering Texas for purposes other than immediate slaughter or feeding for slaughter in a feedlot shall be tested for brucellosis 60 to 120 day post entry.

(B) Sexually intact female cattle entering Texas that have not calved must be held until tested negative 30 to 90 days after calving (post parturient).

(C) Nonvaccinated sexually intact female cattle between four and 12 months of age entering Texas for purposes other than immediate slaughter or feeding for slaughter shall be officially brucellosis vaccinated prior to entry as provided in paragraph (1) of this subsection. The vaccination exception in paragraph (1)(D) of this subsection does not apply to cattle entering Texas from Idaho, Wyoming, and Montana.

(D) All cattle must also meet the applicable requirements contained in Chapter 51 of this title (relating to Entry Requirements). All breeding bulls and sexually intact female cattle shall obtain an entry permit from the commission as provided for in §51.2 of this title (relating to General Requirements).

[~~(1)~~] [~~Vaccination.~~] It is recommended that all female cattle between four and 12 months of age being purchased or sold for use in grazing, breeding, or dairying operations be officially vaccinated.

[(2) Identification. All cattle that are parturient or post parturient or 18 months of age and older except steers and spayed heifers changing ownership within Texas shall be officially identified with an official eartag or other form of official permanent identification as approved by the Commission except:]

[(A) Commission personnel may exempt from the permanent identification requirement beef cattle presented for sale at a livestock market if, upon consultation with market ownership or management, it is determined that the animal's physical condition makes the handling required to apply permanent identification unsafe or injurious in nature.]

[(B) Beef cattle exempted from the permanent identification requirement under this subsection must be sold and consigned to a state or federally approved slaughter establishment and movement permitted by Commission representatives; or]

(d) Movement to Mexico. All cattle 18 months of age and older except steers and spayed heifers must be tested negative within 120 days prior to export to Mexico for slaughter. Steers, spayed heifers, and feedlot finished bulls and heifers are not required to be tested prior to export. Test results must be recorded on the Certificate of Veterinary Inspection.

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 May 28, 2013.

TRD-201302162

Gene Snelson

General Counsel

Texas Animal Health Commission

Earliest possible date of adoption: July 14, 2013

For further information, please call: (512) 719-0724

CHAPTER 39. SCABIES

4 TAC §39.9

The Texas Animal Health Commission (commission) proposes amendments to §39.9, concerning Chorioptic Mange, in Chapter 39, which is entitled "Scabies". The purpose of the amendments is to include new types of acceptable treatment for Chorioptic Mange.

Scabies (from Latin: scabere, "to scratch") is a contagious skin infection. The infection in animals is caused by a different but related mite species, and is called sarcoptic mange. Scabies may occur in a number of domestic and wild animals; the mites that cause these infestations are of different scabies subspecies. Scabies-infected animals suffer severe itching and secondary skin infections. They often lose weight and become frail. The most frequently diagnosed form of scabies in domestic animals is sarcoptic mange, which is found on dogs. The scab mite Psoroptes is the mite responsible for mange.

FISCAL NOTE

PUBLIC BENEFIT NOTE

Ms. Schmidt has also 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 to protect our livestock industry from exposure to Scabies by use of some newer treatment products.

LOCAL EMPLOYMENT IMPACT STATEMENT

TAKINGS ASSESSMENT

The agency has determined that the proposed governmental action will not affect private real property. The proposed amendments are an activity related to the handling of animals, including requirements for 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

STATUTORY AUTHORITY

The amendments are proposed under the following statutory authority as found in Chapter 161 of the Texas Agriculture Code. The Commission is vested by statute, §161.041(a), with the requirement to protect all livestock, domestic animals, and domestic fowl from disease. The Commission is authorized by §161.041(b) to act to eradicate or control any disease or agent of transmission for any disease that affects livestock. If the Commission determines that a disease listed in §161.041 of this code or an agent of transmission of one of those diseases exists in a place in this state among livestock, or that livestock are exposed to one of those diseases or an agent of transmission of one of those diseases, the Commission shall establish a quarantine on the affected animals or on the affected place. That authority is found in §161.061.

As a control measure, the Commission by rule may regulate the movement of animals. The Commission may restrict the intrastate movement of animals even though the movement of the animals is unrestricted in interstate or international commerce. The Commission may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved. That authority is found in §161.054. An agent of the Commission is entitled to stop and inspect a shipment of animals or animal products being transported in this state in order to determine if the shipment originated from a quarantined area or herd; or determine if the shipment presents a danger to the public health or livestock industry through insect infestation or through a communicable or noncommunicable disease. That authority is found in §161.048.

Section 161.005 provides that the Commission may authorize the executive director or another employee to sign written instruments on behalf of the commission. A written instrument, including a quarantine or written notice signed under that authority, has the same force and effect as if signed by the entire Commission.

No other statutes, articles or codes are affected by the proposal.

§39.9.Chorioptic Mange.

(a) All livestock infested with or exposed to chorioptic mange will be dipped, [or ] sprayed, injected or topically treated pursuant to the procedures for treatment of exposure to psoroptic scabies or as otherwise directed by the commission. [~~The executive director may authorize the use of a spray for the eradication of chorioptic mange if dipping facilities are not available.~~]

(b) When dipping is the selected treatment, the following procedures shall apply:

(1) All infested or exposed livestock must be dipped twice with Co-Ral (Coumaphos) or GX-118 (Prolate), ten to 14 days apart. They must be kept in the dipping vat at least one minute. The heads of all animals must be submerged and wet before the animals leave the vat.

(2) At the first dipping, all animals will be counted and paint-branded on the left hip or side. At the second dipping, a similar brand will be placed on the right hip or side.

(1) All infested or exposed livestock must be treated with Ivermectin, Doramectin, Eprinomectin, Moxidectin or Cydectin.

(2) All infested or exposed livestock must be treated in accordance with the label directions under the supervision of the commission; the United States Department of Agriculture, Veterinary Services; or an accredited veterinarian.

(3) Treated livestock may be released from quarantine not less than 14 days from date of treatment provided they have been kept physically separated for 14 days from all untreated livestock.

(4) Dairy cattle of breeding age must not be treated with Ivermectin, Doramectin or Moxidectin.

(5) Livestock treated with Avermectins must be withheld from slaughter according to label directions.

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 May 28, 2013.

TRD-201302163

Gene Snelson

General Counsel

Texas Animal Health Commission

Earliest possible date of adoption: July 14, 2013

For further information, please call: (512) 719-0724

CHAPTER 40. CHRONIC WASTING DISEASE

4 TAC §§40.1 - 40.3

The Texas Animal Health Commission (commission) proposes amendments to §40.1, concerning Definitions, §40.2, concerning General Requirements, and §40.3, concerning Herd Status Plans for Cervidae, in Chapter 40, which is entitled "Chronic Wasting Disease" (CWD). The proposed amendments are for the purpose of revising some of the recently adopted requirements to address some changes in interpretation of the federal CWD program.

The commission provides a voluntary herd monitored status program for species that are susceptible to CWD. The U.S. Department of Agriculture's Animal and Plant Health Inspection Service recently adopted an interim final rule to establish a national CWD Herd Certification Program with minimum requirements for interstate movement of deer, elk, and moose, or cervids in the United States. Participation in the program will be voluntary. The federal CWD Herd Certification Program is found in 9 CFR Subchapter B, Part 55. The commission recently adopted changes to the state's CWD Herd Certification Program to meet the federal program standards. However, based on modifications in interpretation of the federal requirements, the commission is making some amendments. The first change is to the definition of "Physical Herd Inventory" to remove the requirement that all animals in the herd must be restrained in order to have the identification validated by the person performing the inventory verification. The second modification is the fencing requirement found in §40.3(a) which provides that a herd premises must have perimeter fencing of a minimum of eight feet in height and adequate to prevent ingress or egress of cervids. That standard is found in the Uniform Method and Rules for CWD, but under the federal regulations the standard provides merely that the fencing must be adequate to prevent ingress or egress of cervids, and the commission is modifying agency requirements to meet that standard by removing the eight-foot requirement.

FISCAL NOTE

PUBLIC BENEFIT NOTE

Ms. Schmidt has also determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be that the commission has a herd monitored program that can meet the new federal interstate movement requirements, but with flexibility to represent some modifications in federal interpretation.

LOCAL EMPLOYMENT IMPACT STATEMENT

In accordance with Texas Government Code §2001.022, this agency has determined that the proposed rules 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

REQUEST FOR COMMENT

STATUTORY AUTHORITY

The amendments are proposed under the following statutory authority as found in Chapter 161 of the Texas Agriculture Code. Section 161.0541, entitled Elk Disease Surveillance Program, provides that the commission by rule may establish a disease surveillance program for elk. Rules adopted under this section must: (1) require each person who moves elk in this state to have elk tested for chronic wasting disease or other diseases as determined by the commission; (2) be designed to protect the health of the elk population in this state; and (3) include provisions for testing, identification, transportation, and inspection under the disease surveillance program.

The commission is also vested by statute, §161.041(a), with the requirement to protect all livestock, domestic animals, and domestic fowl from disease. The commission is authorized by §161.041(b) to act to eradicate or control any disease or agent of transmission for any disease that affects livestock. If the commission determines that a disease listed in §161.041 of this code or an agent of transmission of one of those diseases exists in a place in this state among livestock, or that livestock are exposed to one of those diseases or an agent of transmission of one of those diseases, the commission shall establish a quarantine on the affected animals or on the affected place. That is found in §161.061.

As a control measure, the commission by rule may regulate the movement of animals. The commission may restrict the intrastate movement of animals even though the movement of the animals is unrestricted in interstate or international commerce. The commission may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved. That authority is found in §161.054. An agent of the commission is entitled to stop and inspect a shipment of animals or animal products being transported in this state in order to determine if the shipment originated from a quarantined area or herd; or determine if the shipment presents a danger to the public health or livestock industry through insect infestation or through a communicable or noncommunicable disease. That authority is found in §161.048. A person is presumed to control the animal if the person is the owner or lessee of the pen, pasture, or other place in which the animal is located and has control of that place; or exercises care or control over the animal. That is under §161.002.

Section 161.007 provides that if a veterinarian employed by the commission determines that a communicable disease exists among livestock, domestic animals, or domestic fowl or on certain premises or that livestock, domestic animals, or domestic fowl have been exposed to the agency of transmission of a communicable disease, the exposure or infection is considered to continue until the commission determines that the exposure or infection has been eradicated through methods prescribed by rule of the commission. Section 161.005 provides that the commission may authorize the executive director or another employee to sign written instruments on behalf of the commission. A written instrument, including a quarantine or written notice, signed under that authority has the same force and effect as if signed by the entire commission.

No other statutes, articles or codes are affected by the proposal.

§40.1.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Approved Laboratory--A diagnostic laboratory approved by the APHIS Administrator to conduct official tests for CWD in accordance with 9 CFR §55.8.

(2) Certified CWD Sample Collector--An individual who has completed appropriate training recognized by his or her State on the collection and preservation of samples for CWD testing and on proper recordkeeping, and who has been certified to perform these activities by the Commission.

(3) Chronic Wasting Disease (CWD)--A transmissible spongiform encephalopathy (TSE) of susceptible species.

(4) Commingled/Commingling--Farmed cervids are commingled if they are housed or penned together having direct physical contact with each other, have less than 10 feet of physical separation (except in cases of "limited contact"; see definition) or any activity where uninhibited contact occurs such as sharing an enclosure, a section of a transport vehicle, or sharing equipment, pens or stalls, pasture, or water sources/watershed (i.e., housed in a pen that receives runoff or shares a natural or manmade body of water with another pen). Commingling includes contact with bodily fluids or excrement from other farmed animals. Farmed cervids commingled with other farmed cervids assume the status of the lowest program status animal in the group.

(5) Commission--The Texas Animal Health Commission.

(6) CWD Exposed Animal--An animal that is part of a CWD-positive herd, or that has been commingled with a CWD-positive animal or resided on contaminated premises within the five years before diagnosis.

(7) CWD Profile--A cervid 12 months of age or older that is emaciated and exhibits some combination of clinical signs including abnormal behavior, increased salivation, tremors, stumbling, incoordination, difficulty in swallowing, excessive thirst, and excessive urination.

(8) CWD Susceptible Species--All species in the cervidae family determined to be susceptible to CWD, which means any species that has had a diagnosis of CWD confirmed by means of an official test conducted by a laboratory approved by USDA/APHIS. This includes white-tailed deer (Odocoileus virginianus), mule deer (Odocoileus hemionus), black-tailed deer (Odocoileus hemionus columbianus), North American elk or wapiti (Cervus Canadensis), red deer (Cervus elaphus), Sika deer (Cervus Nippon), moose (Alces alces), and any associated subspecies and hybrids.

(9) CWD Test Eligible--Unless otherwise specifically provided in these rules, all cervidae 12 months of age and over.

(10) Farmed or Captive--Privately or publicly maintained or held for economic or other purposes within a perimeter fence or confined area, or temporarily captured from a wild population for interstate movement and release.

(11) Herd--An animal or group of animals that are:

(A) Under common ownership, control, or supervision and are grouped on one or more parts of any single premises (lot, farm, or ranch) where commingling of animals occurs; or

(B) A single herd also is considered to be all animals under common ownership, control, or supervision on two or more premises which are geographically separated but on which animals have been commingled or had direct contact with one another. If an owner wishes to maintain separate herds, he or she must maintain separate herd inventories, records, working facilities, water sources, equipment, and land use. Herds must be separated by a distance of 30 feet or more. No commingling of animals may occur. If movement of animals does occur between herds, this movement must be recorded as it would if they were separately owned herds.

(12) Limited Contact--Any brief contact with a farmed animal such as in sale or show rings and alleyways at fairs, livestock auctions, sales, shows, and exhibitions. Limited contact does not include penned animals having less than ten feet of physical separation or contact through a fence, or any activity where uninhibited contact occurs such as sharing an enclosure, a section of a transport vehicle, sharing equipment, food, or water sources, or contact with bodily fluids or excrement. Pens at fairs, livestock auctions, sales, shows, and exhibitions must be thoroughly cleaned and all organic material removed after use and before holding another animal.

(13) Official Animal Identification--A device or means of animal identification approved by APHIS for use in the Certification Program to uniquely identify individual animals. The official animal identification must include a nationally unique animal identification number that adheres to one of the following numbering systems:

(A) National Uniform Eartagging System;

(B) Animal Identification Number (AIN);

(C) Premises-based number system using a Premises Identification Number (PIN) in conjunction with a livestock production numbering system; or

(D) Any other numbering system approved by the Commission for the identification of animals in commerce.

(14) Complete [~~Physical~~] Herd Inventory--One in which all animals in the herd must be [~~restrained and individual identification recorded must be~~] validated by the person officially performing the inventory verification.

(15) Positive Herd--A herd in which a CWD-positive animal resided at the time it was diagnosed.

(16) Suspicious Animal--A cervid which has clinical signs that resemble the CWD profile.

(17) Suspicious Herd--A herd in which one or more animals are observed with clinical signs that resemble the CWD profile.

(18) Trace Herd--The term includes both trace-back and trace-forward herds. A trace-back herd is any herd where an affected animal has resided during a 60 month period prior to death. A trace-forward herd is any herd which has received animals from a positive herd during a 60 month period prior to death of the affected animal.

§40.2.General Requirements.

(a) Procedures for issuing hold orders and quarantines.

(1) All herds suspicious of CWD, in which one or more animals are observed with signs which resemble the CWD profile, shall be reported to a representative of the Commission. The herd shall be restricted by hold order until the investigation and diagnosis have been completed.

(2) Trace herds shall be restricted by hold order until an epidemiologic investigation has been completed and the herd has met all requirements specified in a herd plan.

(3) CWD positive herds shall be restricted by quarantine until the herd has met all requirements specified in a herd plan.

(4) All suspicious, trace, and positive herds not complying with the requirements of an investigation or herd plan shall be restricted by quarantine.

(b) Procedures in suspicious, trace, and positive herds.

(1) CWD suspicious animals shall be presented to a representative of the Commission for the purpose of collection and submission of appropriate samples to an official laboratory for diagnosis.

(2) Disposition of a positive herd without evidence of transmission within the herd as determined by a TAHC or USDA epidemiologist following completion of the investigation. A herd plan will be developed by a TAHC or USDA epidemiologist in consultation with the herd owner, and their veterinarian (if requested by the owner). The herd plan shall include the following requirements for a period of five years:

(A) Routine visual inspection of all animals in the herd by a TAHC or USDA veterinarian for the purpose of early detection of CWD suspicious animals.

(B) Annual verification of herd inventory by a TAHC or USDA veterinarian.

(C) Mandatory reporting of all CWD suspicious animals and all death losses. Mortality in animals [~~12 months~~] of any age [~~or older~~] shall be immediately reported to a TAHC or USDA veterinarian for the purpose of collection of appropriate samples for submission to an official laboratory for CWD surveillance.

(D) CWD exposed animals must be removed from the herd and:

(i) Humanely destroyed, tested for CWD, and disposed of as specified in subsection (c) of this section; or

(ii) Maintained under hold order for 60 months from the last case of CWD.

(3) Disposition of a positive herd with evidence of transmission within the herd as determined by a TAHC or USDA epidemiologist following completion of the investigation. A herd plan will be developed by a TAHC or USDA epidemiologist in consultation with the owner, and their veterinarian (if requested by the owner). The herd plan shall include the following requirements for a period of five years:

(A) Routine visual inspection of all animals in the herd by a TAHC or USDA veterinarian for the purpose of early detection of CWD suspicious animals.

(B) Annual verification of herd inventory by a TAHC or USDA veterinarian.

(D) CWD exposed animals must be removed from the herd and:

(i) Humanely destroyed, tested for CWD, and disposed of as specified in subsection (c) of this section; or

(ii) Maintained under hold order for 60 months from the last case of CWD.

(E) The herd shall remain under quarantine for 60 months from the last case of CWD.

(4) Disposition of trace herds. A herd plan will be developed by a TAHC or USDA epidemiologist in consultation with the owner, and their veterinarian (if requested by the owner). The herd plan shall include the following requirements for a period of five [~~three~~] years:

(A) Routine visual inspection of all animals in the herd by a TAHC or USDA veterinarian for the purpose of early detection of CWD suspicious animals.

(B) Annual verification of herd inventory by a TAHC or USDA veterinarian.

(D) CWD exposed animals must be removed from the herd and:

(i) Humanely destroyed, tested for CWD, and disposed of as specified in subsection (c) of this section; or

(ii) Maintained under hold order for 60 months from the last potential exposure.

(c) Destruction of suspicious and CWD exposed animals. Animals destroyed due to a presumptive diagnosis of CWD, including CWD exposed animals in positive and trace herds, shall be humanely euthanized, appropriate samples collected to confirm the diagnosis, and disposed of by deep burial or incineration, including all animal products, by-products, and contaminated materials:

(1) on the premises where disclosed; or

(2) at a facility approved by the executive director.

(d) Payment of indemnity. The Commission may participate in paying indemnity to purchase and destroy CWD positive animals, CWD exposed animals, and CWD suspect animals. Subject to available funding, the amount of the state payment for any such animals will be five percent of the appraised value established in accordance with 9 CFR §55.3. This payment is in participation with any Federal payments made in accordance with 9 CFR §55.2.

§40.3.Herd Status Plans for Cervidae.

(a) Enrollment Requirements. Herd owners who enroll must agree to maintain their herds in accordance with the following conditions:

(1) Each animal must be identified before reaching 12 months of age. All animals less than one year of age shall be officially identified on a change of ownership or when moved from the premise of origin.

(2) Herd premises must have perimeter fencing [~~of a minimum of eight feet in height and~~] adequate to prevent ingress or egress of cervids.

(3) The herd owner shall:

(A) Report, within five business days, all animals that escape or disappear, and all wild cervids that enter the facility; and

(B) Test all deaths (including animals killed on premises maintained for hunting and animals sent to slaughter) aged 12 months or older, in accordance with subsection (b) of this section.

(4) An annual inventory:

(A) An annual inventory shall be verified by TAHC personnel, USDA personnel or an accredited veterinarian. If requested by a producer to verify the inventory, the Commission will assess a fee of $100.00 per hour.

(B) The herd owner shall maintain herd records that include a complete inventory of animals with documents showing all escaped or disappeared animals and all test results for those animals that died.

(C) For animals seeking to qualify for movement in interstate commerce, a complete [~~physical~~ ] herd inventory must be performed [on ] at the time a herd is enrolled and a complete [ ~~physical~~] herd inventory must be performed for all herds enrolled in the CWD Herd Certification Program no more than three years after the last complete [~~physical~~ ] herd inventory for the herd.

(D) The herd owner is responsible for assembling, handling, and restraining the animals and for all costs incurred to present the animals for inspection.

(5) To maintain separate herds, a herd owner shall:

(A) Maintain separate herd inventories and records;

(B) Separate working facilities;

(D) Separate equipment or cleaned and maintained in accordance with Appendix V of the CWD Program Standards; and

(E) There shall be at least 30 feet between the perimeter fencing around separate herds, and no commingling of animals may occur. Movement of animals between herds must be recorded as if they were separately owned herds.

(6) New animals may be introduced into the herd only from other herds enrolled in the CWD Herd Certification Program. Addition of animals from a lesser status herd will result in the receiving herd's status being lowered to that of the contributing herd.

(b) Testing Requirements. CWD test samples shall be collected and submitted to an official laboratory for CWD diagnosis using a United States Department of Agriculture (USDA) validated test. Test reporting shall be directed to the appropriate TAHC Regional Office. The samples may be collected by a state or federal animal health official, an accredited veterinarian, or a Certified CWD Sample Collector. Tissue samples submitted must include the obex and at least one retropharyngeal lymph node from each animal being tested. If samples are missed, or poor quality samples are submitted, the state epidemiologist or his designee will review the circumstances and determine if the herd status will be advanced, held, reduced, or removed.

(c) Herd Status. Herd status designation shall be assigned on the basis of the number of years of participation provided that CWD is not confirmed in the herd:

(1) First Year - starts on enrollment when the herd is in compliance with the requirements of the CWD Herd Certification Program.

(2) Second Year - starts on the anniversary date of the first year after full completion of the requirements for first year status.

(3) Third Year - starts on the anniversary date of the second year after full completion of the requirements for second year status.

(4) Fourth Year - starts on the anniversary date of the third year after full completion of the requirements for third year status.

(5) Fifth Year - starts on the anniversary date of the fourth year after full completion of the requirements for fourth year status.

(6) Certified Status - achieved after five years participation in the program and in compliance with all the program requirements.

(7) Additions to enrolled herds.

(A) Additions may originate from herds of equal or higher status with no change in the status of the receiving herd.

(B) Additions may originate from herds of lower status with the receiving herd acquiring the lower status of the herd(s) involved.

(d) Identification Requirements. Each animal required to be identified by this section must have at least two forms of animal identification attached to the animal.

(1) One of the animal identifications must be a nationally unique animal identification number that is linked to that animal in the CWD National Database.

(2) Second identification must be unique for the individual animal within the herd and linked to the CWD National Database.

(e) Record Keeping. The herd owner shall maintain records for animals including any movements and for a transfer of ownership, and provide those to Commission personnel upon request. Records required to be kept under the provisions of this section shall be maintained for not less than five years. The records shall include the following information:

(1) All identifications (tags, tattoos, electronic implants, etc.);

(2) Birth date;

(3) Species;

(4) Sex;

(5) Date of acquisition and source of each animal that was not born into the herd (owner name, city, state);

(6) Date of removal and destination of any animal removed from herd (owner name, city, state);

(7) Date and cause of death for animals dying within the herd (if cause is known); and

(8) Date of CWD sample submission, submitter, owner, premises, animal information, and official CWD test results from approved laboratory.

(f) Inspection. A premise where a herd is located may be inspected by the Commission to determine compliance with the requirements.

(g) Fees. Participation in a Commission CWD Herd Status Program for Cervidae requires that a fee be paid as provided for in §33.5 of this title (relating to Herd Status/Certification Fees). An annual inventory verified by Commission personnel is assessed a fee of $100.00 per hour.

(h) Cancellation or suspension of enrollment by the Executive Director. The Executive Director may cancel or suspend enrollment after determining that the herd owner failed to comply with any requirements of this chapter. Before enrollment is canceled or suspended, notification will be provided which will inform the herd owner of the reasons for the action.

(1) The herd owner may appeal the cancellation of enrollment of a herd, or loss or suspension of herd status, by writing to the Executive Director within 15 days after receipt of the action. The appeal must include all of the facts and reasons upon which the herd owner relies to show that the reasons for the action are incorrect or do not support the action.

(2) The herd owner may request a meeting, in writing, with the Executive Director of the Commission within 15 days of receipt of the action and set forth a short, plain statement of the issues that shall be the subject of the meeting, after which:

(A) the meeting will be set by the Executive Director no later than 21 days from receipt of the request for a meeting;

(B) the meeting or meetings shall be held in Austin; and

(3) Upon receipt of a decision or order by the Executive Director which the herd owner wishes to appeal, the herd owner may file an appeal within 15 days in writing with the Chairman of the Commission and set forth a short, plain statement of the issues that shall be the subject of the appeal.

(4) The subsequent hearing will be conducted pursuant to the provisions of the Administrative Procedure and Texas Register Act and Chapter 32 of this title (relating to Hearing and Appeal Procedures).

(5) If the Executive Director determines, based on epidemiological principles, that other action is necessary, the Executive Director shall provide the herd owner with written notice of the action.

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 May 28, 2013.

TRD-201302164

Gene Snelson

General Counsel

Texas Animal Health Commission

Earliest possible date of adoption: July 14, 2013

For further information, please call: (512) 719-0724

CHAPTER 43. TUBERCULOSIS

SUBCHAPTER C. ERADICATION OF TUBERCULOSIS IN CERVIDAE

4 TAC §43.20, §43.21

The Texas Animal Health Commission (commission) proposes amendments to §43.20, concerning Definitions, and §43.21, concerning General Requirements, in Chapter 43, Subchapter C, which is entitled "Eradication of Tuberculosis in Cervidae". The purpose of the amendments is to include new types of tuberculosis tests for captive cervids.

Historically, the single cervical tuberculin skin test (SCT) and the comparative cervical tuberculin skin test (CCT) have been the only approved official tests for Mycobacterium bovis in captive cervids. Recently, the United States Department of Agriculture, Veterinary Services, approved the Stat-Pak as a primary test and the DPP test as a secondary test for official program testing to diagnose tuberculosis in captive elk, red deer, white-tailed deer, fallow deer, and reindeer when the test is conducted at an approved laboratory. Both of these tests offer the advantage of decreased handling of animals when compared to skin testing.

FISCAL NOTE

PUBLIC BENEFIT NOTE

Ms. Schmidt has also determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be that the state requirements will conform to the federal standard.

LOCAL EMPLOYMENT IMPACT STATEMENT

TAKINGS ASSESSMENT

The agency has determined that the proposed governmental action will not affect private real property. The proposed amendments address an activity related to the handling of animals, including requirements for 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

STATUTORY AUTHORITY

The amendments are proposed under the following statutory authority as found in Chapter 161 of the Texas Agriculture Code. The commission is vested by statute, §161.041(a), with the requirement to protect all livestock, domestic animals, and domestic fowl from disease. The commission is authorized by §161.041(b) to act to eradicate or control any disease or agent of transmission for any disease that affects livestock. If the commission determines that a disease listed in §161.041 of this code or an agent of transmission of one of those diseases exists in a place in this state among livestock, or that livestock are exposed to one of those diseases or an agent of transmission of one of those diseases, the commission shall establish a quarantine on the affected animals or on the affected place. That is found in §161.061.

As a control measure, the commission by rule may regulate the movement of animals. The commission may restrict the intrastate movement of animals even though the movement of the animals is unrestricted in interstate or international commerce. The commission may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved. That is found in §161.054. An agent of the Commission is entitled to stop and inspect a shipment of animals or animal products being transported in this state in order to determine if the shipment originated from a quarantined area or herd; or determine if the shipment presents a danger to the public health or livestock industry through insect infestation or through a communicable or noncommunicable disease. That authority is found in §161.048. A person is presumed to control the animal if the person is the owner or lessee of the pen, pasture, or other place in which the animal is located and has control of that place; or exercises care or control over the animal. That is under §161.002.

No other statutes, articles or codes are affected by the proposal.

§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 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.

(2) Affected herd--A herd that contains or has recently contained one or more animals infected with Mycobacterium bovis and has not passed the required tests for release from quarantine.

(3) Approved laboratory--A State/Federal Veterinary Diagnostic laboratory. The primary laboratory for tuberculosis histopathology and bacteriology culture and Cervid TB Stat-Pak Antibody Testing shall be the National Veterinary Services Laboratory, Ames, Iowa. Food Safety Inspection Service, Field Service Laboratories, may be utilized for histopathology.

(4) Cervid TB Stat-Pak Antibody Test--A primary supplemental serologic test used to screen for bovine tuberculosis in elk, red deer, white-tailed deer, fallow deer, and reindeer only. Samples for this test shall only be collected by state and federal animal health officials or designated accredited veterinarians.

[(4) Blood Tuberculosis Test (BTB)--The BTB test is a supplemental test for bovine tuberculosis in Cervidae. The BTB test may be used, at no expense to the Commission, as a supplemental test to establish the disease status of a herd or to retest suspects. Samples for this test shall only be collected by state, federal, or accredited veterinarians.]

(5) Cervidae--All species of deer, elk, and moose raised under agricultural conditions for the production of meat, the production of other agricultural products, sport, or exhibition.

(6) Commission--The Texas Animal Health Commission.

(7) Comparative Cervical Tuberculin (CCT) Test--The intradermal injection of biologically balanced bovine Purified Protein Derivative (PPD) [~~PPD~~] tuberculin and avian PPD tuberculin at separate sites in the mid-cervical area to determine the probable presence of bovine tuberculosis (Mycobacterium bovis) by comparing the response of the two tuberculins 72 hours (plus or minus six hours) following injection. This test may be used for retesting Single Cervical Tuberculin Test suspects and shall be administered only by an approved state or federal veterinarian.

(8) Designated Accredited Veterinarian (DAV)--An accredited veterinarian trained and approved to conduct the Single Cervical Test for tuberculosis on Cervids and the Cervid TB Stat-Pak Antibody Test for tuberculosis on elk, red deer, white-tailed deer, fallow deer, and reindeer.

(9) Designated Tuberculosis Epidemiologist (DTE)--An epidemiologist who has demonstrated the knowledge and ability to perform the functions specified by the Bovine Tuberculosis Eradication Uniform Methods and Rules. The DTE must be selected jointly by the cooperating State Animal Health Official, the Area Veterinarian in Charge, and the Regional Epidemiologist. The National Animal Health Programs staff must concur in the appointment. The DTE has the responsibility to determine the scope of epidemiological investigations, assist in development of individual herd plans, and to coordinate disease surveillance and eradication programs within their geographic area of responsibility. The DTE has authority to make independent decisions concerning the use and interpretation of diagnostic tests and management of affected herds when those actions are supported by sound disease eradication principles.

(10) Direct shipment to slaughter--The shipment of tuberculosis reactors and suspects and tuberculosis-exposed cervids from the premises of origin, by permit, directly to a slaughtering establishment operating under state or federal inspection, without diversion to assembly points of any type.

(11) Dual-Path Platform Test (DPP)--A secondary more specific serologic test used when animals have non-negative results on the Stat-Pak test. The initial DPP is run on the non-negative blood submitted for the Stat-Pak test.

[(11) ELISA Test--The enzyme linked immunosorbant assay component of the BTB Test is recognized as a presumptive test for Bovine Tuberculosis in Cervidae. The ELISA test may be used to meet intrastate change of ownership test requirements.]

(12) Herd--A group of cervids and other hoof stock maintained on common ground or two or more groups of cervids and other hoof stock under common ownership or supervision that are geographically separated but can have an interchange or movement without regard to health status. (A group is construed to mean one or more animals.)

(13) Individual Herd Plan--A written disease management plan that is designed by the herd owner and/or other herd representative and a State or Federal veterinarian to eradicate tuberculosis from an affected herd while reducing human exposure to the disease. The herd plan will include appropriate herd test frequencies, tests to be employed, and any additional disease or herd management practices deemed necessary to eradicate tuberculosis from the herd in an efficient and effective manner. The plan must be approved by the State Animal Health Official and the Area Veterinarian in Charge, and have the concurrence of the Regional or Designated Tuberculosis Epidemiologist.

(14) Monitored Herd--A herd on which identification records are maintained on animals over one year of age slaughtered and inspected for tuberculosis at an approved State/Federal slaughter facility or an approved laboratory, and animals tested negative for tuberculosis in accordance with the requirements for interstate movement specified in the Tuberculosis Eradication in Cervidae Uniform Methods and Rules. The initial qualifying total herd size is the annual average of animals one year of age or older during the initial qualifying period, which period shall not exceed three years. The combined number of slaughtered or tested animals in the sample must be evenly distributed over a three year period, and no less than half of the qualifying animals must be slaughter inspected. The rate to detect infection at a 2.0% prevalence level with 95% confidence would require a maximum number of 178 animals.

Figure: 4 TAC §43.20(14) (No change.)

(15) Negative animals--Cervids that show no response to a Single Cervical Tuberculin [~~tuberculosis~~] test or elk, red deer, white-tailed deer, fallow deer or reindeer that test negative on the Stat-Pak test. Animals that show a non-negative response on the Single Cervical Tuberculin Test or the Stat-Pak test may be [~~and have been~~] classified negative by the DTE [~~testing veterinarian~~] based upon history, secondary supplemental tests (CTT or DPP) or [,] examination of carcasses [ ~~or laboratory results~~].

(16) No gross lesion (NGL) animals--Cervids that do not reveal a lesion(s) of bovine tuberculosis upon necropsy.

(17) Official eartag--An identification eartag that provides unique identification for each individual animal by conforming to the alpha-numeric National Uniform Eartagging System.

(18) Official tuberculosis test--A test for bovine tuberculosis applied and reported by approved personnel. The official tests for cervidae are the single cervical test and [,] the comparative cervical test[ ~~, and the blood tuberculosis test~~]. The Stat-Pak test and the DPP test are considered official tests for elk, red deer, white-tailed deer, fallow deer or reindeer only.

(19) Permit--An official document issued by a representative of the Commission, USDA APHIS-VS, or an accredited veterinarian that is required to accompany reactor, suspect or exposed cervids to slaughter. The permit will list the reactor tag number or official eartag number in the case of suspect and exposed cervids; the owner's name and address; origin and destination; number of cervids included; and the purpose of the movement. If a change in destination becomes necessary, a new permit must be issued by authorized personnel. No diversion from the destination of the permit is allowed.

(20) Qualified herd--A cervid herd that has undergone at least one complete official negative test of all eligible animals within the past 12 months and is not classified as an accredited herd, has no evidence of bovine tuberculosis, and meets the standards of the UM&Rs.

(21) Reactor--Any cervid that shows a response to an official tuberculosis test and is classified a reactor by the DTE [~~testing veterinarian~~].

(22) Single Cervical Tuberculin Test (SCT)--The intradermal injection of 0.1 mL (5,000 tuberculin units) of USDA PPD Bovis tuberculin in the mid-cervical region with reading by visual observation and palpation in 72 hours (plus or minus six hours) following injection. This test shall be administered only by a state, federal, or designated accredited veterinarian.

(23) Surveyed Herd--A cervid herd in which surveillance records are maintained on all animals over one year of age that are surveyed for evidence of bovine tuberculosis by routine post mortem inspection at an approved state/federal slaughter facility, or approved diagnostic laboratory, or routine tuberculosis tests performed by a designated accredited veterinarian or by other appropriate surveillance methods approved by a representative of the TAHC.

(24) Suspect--Any cervid that shows a response to the single cervical tuberculin test or any elk, red deer, white-tailed deer, fallow deer or reindeer that test non-negative on the Stat-Pak test and is not classified a reactor, or is classified suspect by a supplemental tuberculosis test.

(25) Tuberculin--A product that is approved by and produced under USDA license for the intradermal injection of cervids for the purpose of detecting bovine tuberculosis.

(26) Tuberculosis--A disease in Cervidae caused by Mycobacterium bovis (M. bovis).

§43.21.General Requirements.

[(a) Change of ownership requirements effective September 1, 1996, unless prior to that date sufficient information is obtained pursuant to §43.22(d)(1) of this title (relating to Herd Status Plans for Cervidae) to allow an epidemiological evaluation as to the necessity for change of ownership testing.]

~~[(1) Animal identification. All animals shall be individually identified by an official eartag or other approved identification device.]~~

~~[(2) Testing. All cervidae sold through auction markets shall be tested negative to a tuberculosis test within 90 days prior to sale, except:]~~

~~[(A) Animals originating from an accredited, qualified, monitored or surveyed herd.]~~

~~[(B) Animals consigned to an approved state/federal inspected slaughter facility.]~~

~~[(3) Recordkeeping requirements. Records documenting the sale of animals shall be maintained by the seller for a minimum period of five years.]~~

(a) [~~(b)~~] Reporting of tests. All cervidae tested shall be officially [~~individually~~] identified [~~by an official eartag~~ ] at the time of an official test. A report of all tuberculosis tests,[-- ]including the official identification of each animal , [~~by eartag number, age, sex, and breed--and~~ ] a record of the size of the response of the Single Cervical Tuberculin Test or the result of the TB Cervid Stat Pak Antibody Testing[,] where indicated, and test interpretation shall be submitted in accordance with the requirements of the cooperating state and federal officials.

(b) [~~(c)~~] Classification of cervidae tested.

(1) Single cervical tuberculin test.

(A) Herds of unknown status. All SCT responses shall be recorded and the animals classified as suspects and quarantined for retest with the CCT [~~or BTB~~], unless in the judgment of the testing veterinarian the reactor classification is indicated.

(B) Known infected herds. All responses shall be recorded and the animals classified as reactors.

(2) Comparative cervical test--All responses are to be measured to the nearest 0.5mm.

(A) Animals having a response to bovine PPD of less than 1mm should be classified negative.

(B) Animals having a response to bovine PPD from 1mm through 2mm that is equal to or greater than the avian PPD response shall be classified as suspects.

(C) Animals having a response to bovine PPD greater than 2.0mm but equal to the avian response shall be classified as suspects, except when in the judgment of the testing veterinarian the reactor classification is indicated.

(D) Animals meeting the criteria for suspect classification on two successive CCTs shall be classified as reactors.

(E) Animals having a response to bovine PPD which is greater than 2.0mm and is 0.5mm greater than the avian PPD response shall be classified as reactors.

(3) Suspect SCT cervids may be retested by [~~either~~] the CCT only [~~or the BTB~~]. The CCT may be applied within ten days following the SCT injection or after 90 days. If the CCT is applied within ten days of the SCT, the opposite side of the neck shall be used. [~~The sample for the BTB shall be taken 13-30 days after the SCT injection.~~] Animals positive to the CCT [~~or the BTB~~ ] shall be classified as reactors.

(4) Suspects may be necropsied in lieu of retesting, and, if found without evidence of M. bovis infection by histopathology and culture (including selected NGL specimens submitted from animals having no gross lesions indicative of tuberculosis), shall be considered negative for tuberculosis.

~~[(5) Elisa Test--Animals positive to the Elisa test shall be classified as suspects and quarantined for retest with an official TB test.]~~

(1) Cervid TB Stat Pak antibody test.

(A) Herds of unknown status. All Stat Pak non-negative responses shall be recorded and the animals classified as suspects and quarantined for retest with the DPP unless in the judgment of the DTE the reactor classification is indicated.

(B) Known infected herds. All non-negative responses shall be recorded and the animals classified as reactors.

(2) Dual-Path Platform Test shall be performed on all non-negatives samples submitted for Stat Pak Testing. Animals non-negative on the Stat-Pak test and non-negative on a single DPP test should be classified as suspect unless the DTE determines that a reactor classification is warranted.

(3) Animals classified as suspect by a single DPP test may be retested with the DPP test only with a new blood sample drawn no sooner than 30 days after the initial sample was obtained.

(4) Animals that are non-negative on two successive DPP tests should be classified as reactor.

(5) Suspects may be necropsied in lieu of retesting, and, if found without evidence of M. bovis infection by histopathology and culture (including selected NGL specimens submitted from animals having no gross lesions indicative of tuberculosis), shall be considered negative for tuberculosis.

(d) Disposition of Tuberculin-Responding Cervidae.

(1) Reactors shall remain on the premises where they were disclosed until a state or federal permit for movement has been obtained. Movement for immediate slaughter will be within 15 days of classification directly to a slaughter establishment where approved state or federal inspection is maintained. Alternatively, the animals may be destroyed and necropsy conducted by or under the supervision of a state or federal regulatory veterinarian that has been trained in tuberculosis necropsy procedures.

(2) Herds containing suspects to the SCT shall be quarantined until the suspect animals are:

(A) retested by the CCT within ten days of the SCT injection; or

(B) retested by the CCT after 90 days; or

~~[(C) retested by the BTB test between 13 and 30 days after the SCT injection; or]~~

(C) [~~(D)~~] shipped under permit directly to a slaughter facility under state or federal inspection, or necropsied. If such animals are found without evidence of M. bovis infection by histopathology and culture (including selected NGL specimens submitted from animals having no gross lesions indicative of tuberculosis), they shall be considered negative for tuberculosis.

(3) Suspects to the CCT [~~comparative cervical test or equivocal to the BTB~~ ] shall remain under quarantine until:

(A) comparative cervical suspects are retested by the CCT after 90 days; or

~~[(B) BTB equivocal animals are retested by the BTB test optimally before 60 days following the SCT injection; or]~~

(B) [~~(C)~~] such animals are shipped under permit directly to a slaughter facility under state or federal inspection, or necropsied. If such animals are found without evidence of M. bovis infection by histopathology and cultured (including selected NGL specimens submitted from animals having no gross lesions indicative of tuberculosis), they shall be considered negative for tuberculosis.

(4) An animal meeting the suspect criteria on two successive CCT [~~or two BTB equivocal~~] tests followed by one suspect CCT test shall be classified as a reactor and be identified as such. The testing veterinarian must justify exceptions in writing and have the concurrence of State or Federal animal health personnel.

(e) Identification of Reactors. Reactor cervids shall be identified by branding with the letter "T" at least two by two inches in size, high on the left hip near the tailhead, and by tagging with an official eartag bearing a serial number and inscription "U.S. Reactor" attached to the left ear of each reactor animal.

(f) Disposition of elk, red deer, white-tailed deer, fallow deer or reindeer that are non-negative on the Stat-Pak test and non-negative on a single DPP test.

(2) Herds containing suspects to the Stat-Pak test and a single DPP test shall be quarantined until the suspect animals are:

(A) retested by the DPP test only with a new blood sample drawn no sooner than 30 days after the initial sample was obtained; or

(B) shipped under permit directly to a slaughter facility under state or federal inspection, or necropsied. If such animals are found without evidence of M. bovis infection by histopathology and culture (including selected NGL specimens submitted from animals having no gross lesions indicative of tuberculosis), they shall be considered negative for tuberculosis.

(3) Animals that are non-negative on two successive DPP tests should be classified as reactor. Any exceptions to reactor classification must be justified by the designated TB epidemiologist in writing and have the concurrence of the regional TB epidemiologist.

(g) [~~(f)~~] Quarantine procedures.

(1) All herds in which reactor animals are disclosed shall be quarantined. Exposed animals must remain on the premises where disclosed unless a state or federal permit for movement to slaughter has been obtained. Movement for immediate slaughter must be directly to a slaughter establishment where approved state or federal inspection is administered. Animals must be identified by official eartag. Use of "S" brand is required, or animals must be shipped in an official sealed vehicle. The "S" brand shall be applied to either the left jaw or the tailhead.

(2) Cervidae herds in which M. bovis is confirmed shall remain under quarantine if not depopulated, and must pass three consecutive official tuberculosis tests of all animals. The first test must be conducted 90 days or more after the last test yielding a positive animal, with two additional tests at 180-day minimum intervals. Five annual complete herd tests of all animals shall be given following the release from quarantine.

(3) Cervidae herds that have had a test of all eligible animals with NGL reactors only and no evidence of tuberculosis infection is found by histopathology and culture of M. bovis (including selected NGL specimens submitted from animals having no gross lesions indicative of tuberculosis) may be released without further restrictions.

(4) Cervidae herds in which compatible or suggestive lesions are found by histopathology without the isolation of M. bovis may be released from quarantine following a negative 90-day retest of the entire herd, provided there is no known association with M. bovis.

(5) Cervidae herds that exhibit NGL reactors in which no evidence of tuberculosis infection is found by histopathology and culture of M. bovis and are unable to conduct a test of all eligible animals, shall be evaluated by the state and/or regional tuberculosis epidemiologist for possible release of quarantine.

(h) [~~(g)~~] Procedures in affected herds. Disclosure of tuberculosis in any herd shall be followed by a complete epidemiological investigation. All cervids in herds from which tuberculosis animals originate, and all cervids that are known to have associated with affected cervids or other affected animals, shall be tested promptly. These procedures shall apply to adjacent and contact herds as well as to the evaluation and testing of possible source herds for the affected herd. Herds that have received exposed animals shall be tested following the slaughter or testing of the exposed animals. Every effort shall be made to ensure the immediate elimination of the disease from all species of animals on the premises. The herd shall be handled as outlined under subsection (g) [~~(e)~~] of this section[~~, Quarantine Procedures~~].

(i) [~~(h)~~] Retest Schedules for High Risk Herds.

(1) In herds with a history of lesions compatible or suggestive for tuberculosis by histopathology, two complete annual herd tests shall be given after release from quarantine. Herds with a bacteriologic isolation of a Mycobacteria species other than M. bovis should be considered negative for bovine tuberculosis with no further testing requirements.

(2) In a newly assembled herd on premises where a tuberculosis herd has been depopulated, two annual herd tests shall be applied to all animals. The first test must be approximately six months after assembly of the new herd. If the premises are vacated for over one year, these requirements may be waived.

(3) Exposed animals previously sold from known infected herds shall be depopulated if possible, or tested with the SCT or Stat Pak/DPP by State or Federal veterinarians. [~~The BTB test may be used simultaneously with the SCT as an additional diagnostic test.~~] All animals non-negative [~~positive~~] to either test shall be classified as reactors.

(A) If bovine tuberculosis is confirmed in the exposed animal(s), the remainder of the receiving herd shall be classified as an infected herd and handled according to subsection (g) [~~(f)~~](2) of this section.

(B) If negative to the test, the exposed animal(s) will subsequently be handled as if a part of the infected herd of origin for purposes of testing, quarantine release, and the five annual high-risk tests. The remainder of the herd shall be tested at the time of the initial investigation and retested in one year with the SCT or Stat Pak/DPP. Supplemental diagnostic tests may be used if needed.

(4) Herds indicated as the source(s) of animals in slaughter traceback investigations shall be placed under quarantine within 30 days of notification to the area office, and a herd test scheduled. Testing of source herds of slaughter animals having lesions of tuberculosis shall be done by state or federal regulatory veterinarians using the SCT or Stat Pak/DPP.

(A) If the herd of origin is positively identified and M. bovis has been confirmed by bacterial isolation from the slaughter animal, all animals responding to the SCT or Stat Pak/DPP shall be classified as reactors. In all other cases, supplemental diagnostic tests may be used.

(B) In herds identified as the source of culture negative lesioned animals, responding animals may be classified as reactors or suspects. If classified as suspects, they may be retested by supplemental diagnostic tests.

(j) [~~(i)~~] Cleaning and disinfection of premises, conveyances, and materials. All premises ,[-- ]including all structures, holding facilities, conveyances, and materials[--]that are determined by program officials to constitute a health hazard to humans or animals because of tuberculosis, shall be properly cleaned and disinfected. This shall be done within 15 days after the removal of tuberculosis-affected or exposed cervids in accordance with approved procedures. However, these officials may extend the time limit for disinfection to 30 days when a request for such extension is received prior to the expiration date of the original 15-day period allowed.

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 May 28, 2013.

TRD-201302170

Gene Snelson

General Counsel

Texas Animal Health Commission

Earliest possible date of adoption: July 14, 2013

For further information, please call: (512) 719-0724

CHAPTER 50. ANIMAL DISEASE TRACEABILITY

4 TAC §50.1, §50.2

The Texas Animal Health Commission (commission) proposes new Chapter 50, §50.1 and §50.2, concerning Animal Disease Traceability. The purpose of the new chapter is to establish standards for facilities or locations which must be approved to identify livestock moving interstate under the federal disease traceability program.

The United States Department of Agriculture (USDA) has amended its regulations and established minimum national official identification and documentation requirements for the traceability of livestock moving interstate. Under USDA's rulemaking, unless specifically exempted, livestock belonging to species covered by the regulations must be officially identified and accompanied by an interstate certificate of veterinary inspection or other documentation. These regulations specify approved forms of official identification for each species but allow the livestock covered under this rulemaking to be moved interstate with another form of identification, as agreed upon by animal health officials in the shipping and receiving States or Tribes. The federal rule provides for an approved tagging site, which is a premise, where livestock moving interstate may be officially identified upon arrival on behalf of their owner or shipper. Under the federal rule the tagging facilities must be officially approved by the state where located. The effective date of the USDA rule is March 11, 2013, and it is found in 9 CFR Part 86.

The first section in the new chapter is for applicable definitions. The second section is to establish the requirements for an approved tagging site. The USDA rule provides for approved tagging sites so producers who cannot or prefer not to tag their animals can move cattle interstate to a location where the animals will be officially identified on their behalf. An approved tagging site is authorized to receive and offload cattle that require official identification and to officially identify those cattle in accordance with the protocols defined by the State or Tribal animal health official and Federal Area Veterinarian in Charge. An approved tagging site is a premise, authorized by animal health officials, where livestock may be officially identified on behalf of their owner or the person in possession, care or control of the animals when they are brought to the premises. While livestock markets are frequently referenced as being potential approved tagging sites, other locations, such as feedlots, could also become approved tagging sites.

An animal identification number is a numbering system for the official identification of individual animals in the United States that provides a nationally unique identification number for each animal. The AIN consists of 15 digits, with the first 3 being the country code (840 for the United States or a unique country code for any U.S. territory that has such a code and elects to use it in place of the 840 code). The alpha characters USA or the numeric code assigned to the manufacturer of the identification device by the International Committee on Animal Recording may be used as an alternative to the 840 or other prefix representing a U.S. territory; however, only the AIN beginning with the 840 or other prefix representing a U.S. territory will be recognized as official for use on AIN tags applied to animals on or after March 11, 2015. The AIN beginning with the 840 prefix may not be applied to animals known to have been born outside the United States.

FISCAL NOTE

Ms. Larissa Schmidt, Director of Administration, Texas Animal Health Commission, has determined for the first five-year period the rules are in effect, there will be no significant additional fiscal implications for local government as a result of enforcing or administering the rules. An Economic Impact Statement (EIS) is required if the proposed rule has an adverse economic effect on small businesses. The agency has evaluated the requirements and determined that there is not an adverse economic impact and, therefore, there is no need to do an EIS. Implementation of these rules poses no significant fiscal impact on small or micro-businesses. The identification tags are available at no cost to producers and other parties who will be applying official identification. The necessity of official identification for specific animals to move interstate also creates an opportunity for identification to be applied by a third party for a nominal fee. The actual cost of tagging will vary some depending on the situation, but the federal requirement allows for untagged animals to enter the state as an exception to the federal identification requirement, which has afforded the cattle producer some reduced cost by not having them identified prior to movement.

PUBLIC BENEFIT NOTE

Ms. Schmidt has also determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be to have authorized tagging sites located in Texas and operating under the federal animal disease traceability system, which will provide sustained disease surveillance, control, enhanced marketability, quality assurance, and the related relative freedoms of commerce both intra and interstate.

LOCAL EMPLOYMENT IMPACT STATEMENT

TAKINGS ASSESSMENT

The agency has determined that the proposed governmental action will not affect private real property. The proposed rules address an activity related to the handling of animals, including requirements for 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

STATUTORY AUTHORITY

The new rules are proposed under the following statutory authority as found in Chapter 161 of the Texas Agriculture Code. The commission is vested by statute, §161.041(a), with the requirement to protect all livestock, domestic animals, and domestic fowl from disease. The commission is authorized by §161.041(b) to act to eradicate or control any disease or agent of transmission for any disease that affects livestock. If the commission determines that a disease listed in §161.041 of this code or an agent of transmission of one of those diseases exists in a place in this state among livestock, or that livestock are exposed to one of those diseases or an agent of transmission of one of those diseases, the commission shall establish a quarantine on the affected animals or on the affected place. That authority is found in §161.061.

As a control measure, the commission by rule may regulate the movement of animals. The commission may restrict the intrastate movement of animals even though the movement of the animals is unrestricted in interstate or international commerce. The commission may require testing, vaccination or another epidemiologically sound procedure before or after animals are moved. That authority is found in §161.054. An agent of the commission is entitled to stop and inspect a shipment of animals or animal products being transported in this state in order to determine if the shipment originated from a quarantined area or herd; or determine if the shipment presents a danger to the public health or livestock industry through insect infestation or through a communicable or noncommunicable disease. That authority is found in §161.048.

Under §161.081, the commission by rule may regulate the movement of livestock, exotic livestock, domestic animals, domestic fowl, or exotic fowl into this state from another state, territory, or country. Also, under that section, the commission by rule may provide the method for inspecting and testing animals before and after entry into this state. The commission by rule may provide for the issuance and form of health certificates and entry permits. The rules may include standards for determining which veterinarians of this state, other states, and departments of the federal government are authorized to issue the certificates or permits.

Section 161.005 provides that the commission may authorize the executive director or another employee to sign written instruments on behalf of the commission. A written instrument, including a quarantine or written notice signed under that authority, has the same force and effect as if signed by the entire commission. Under §161.112, the commission may adopt rules relating to the movement of livestock, exotic livestock, and exotic fowl from livestock markets and shall require tests, immunization, and dipping of those livestock as necessary to protect against the spread of communicable diseases. Also, the commission may adopt rules requiring permits for moving exotic livestock and exotic fowl from livestock markets as necessary to protect against the spread of communicable diseases.

No other statutes, articles or codes are affected by the proposal.

§50.1.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Animal identification number (AIN)--A numbering system for the official identification of individual animals that provides a nationally unique identification number for each animal. Only the AIN beginning with the 840 or other prefix representing a U.S. territory will be recognized as official for use on AIN tags applied to animals on or after March 11, 2015.

(2) Approved livestock facility--A stockyard, livestock market, buying station, concentration point or any other premises, under State or Federal veterinary inspection, where livestock are assembled and that has been approved by the Texas Animal Health Commission.

(3) Approved tagging site--A premises, authorized by the Texas Animal Health Commission, where livestock may be officially identified on behalf of their owner or the person in possession, care, or control of the animals when they are brought to the premises.

§50.2.Approved Tagging Site.

(a) In order to be approved as a tagging site the person responsible for the tagging site must agree to administer the tagging of livestock at their location in accordance with the following requirements:

(1) Obtain official identification eartags only as directed by the commission.

(2) Unload animals requiring official identification only when the owner or the person in possession, care, or control of the animals agrees to have the animals officially identified in accordance with approved tagging site protocols.

(b) Requirements for officially identifying animals:

(1) Officially identify animals required to be identified before commingling with animals from different premises, or use a backtag or other method to accurately maintain the animal's identity until the official eartag is applied. The official identification can then be correlated to the person responsible for shipping the animal.

(2) Apply only official eartags to animals not already officially identified.

(3) Do not remove official identification devices unless authorized by commission personnel.

(c) Maintain tagging records using forms or electronic systems as directed by animal health officials to include at a minimum:

(1) The name, street address, city, state, and zip code of the owner or person responsible for the animals tagged.

(2) The official identification numbers of the tags applied associated with the owner or person responsible for the animals.

(3) The date the official identification eartags were applied.

(d) Provide the records to the commission if requested.

(e) Ensure the security of official eartags and distribution records by:

(1) Maintaining a record of all official identification eartags received, distributed, and applied at the tagging site for a minimum of five years.

(2) Keeping the inventory of tags and records in a secure place accessible only to tagging site personnel.

(3) Immediately reporting any lost or stolen tags to the commission.

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 May 28, 2013.

TRD-201302169

Gene Snelson

General Counsel

Texas Animal Health Commission

Earliest possible date of adoption: July 14, 2013

For further information, please call: (512) 719-0724