PART 2. TEXAS ANIMAL HEALTH COMMISSION
CHAPTER 35. BRUCELLOSIS
SUBCHAPTER A. ERADICATION OF BRUCELLOSIS IN CATTLE
The Texas Animal Health Commission (Commission) in a duly noticed meeting on April 4, 2023, adopted amendments to §35.4, concerning Entry, Movement, and Change of Ownership. Section 35.4 is adopted without changes to the proposed text published in the December 23, 2022, issue of the Texas Register (47 TexReg 8386) and will not be republished.
JUSTIFICATION FOR RULE ACTION
The Commission adopts amendments to Chapter 35 to remove additional brucellosis entry requirements created by the Commission in 2013 for sexually intact cattle entering Texas from the Designated Surveillance Area (DSA) comprised of the states of Idaho, Montana, and Wyoming, established by the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Services (APHIS) Veterinary Services (VS).
The amendments are adopted pursuant to Agriculture Code Chapter 161 and 163. Section 161.041(a) and (b) authorizes the Commission to adopt any rules necessary to eradicate or control any disease or agent of transmission for any disease that affects livestock, which includes Brucellosis. Section 163.066 authorizes the Commission, as a control measure, to regulate the movement of cattle. The elimination of the entry requirements for cattle imported from the Idaho, Montana, or Wyoming DSA follows nine (9) years of testing without any detection of brucellosis-infected cattle, and in the absence of significant program deficits found during the USDA-APHIS-VS triennial review of the state brucellosis programs in the DSA states.
HOW THE RULES WILL FUNCTION
The amendments to §35.4, concerning Entry, Movement, and Change of Ownership, removes the DSA-specific entry requirements for cattle originating from Idaho, Montana, or Wyoming and eliminates §35.4(b)(3)-(5).
SUMMARY OF COMMENTS RECEIVED AND COMMISSION RESPONSE
The 30-day comment period ended January 22, 2023.
During this period, the Commission received comments regarding the proposed rules from four commenters, including the Montana Stockgrowers Association, Montana Board of Livestock, Wyoming Livestock Board, and one individual. A summary of comments relating to the rules and Commission's responses follows.
Comment: The Montana Stockgrowers Association, Montana Board of Livestock, Wyoming Livestock Board, and one individual are in support of the rule amendment.
Response: The Commission thanks the commenters for the feedback. No changes were made as a result of these comments.
STATUTORY AUTHORITY
The amendment is authorized by Texas Agriculture Code, Chapter 161.
Pursuant to §161.041, titled "Disease Control," the Commission shall protect all livestock, exotic livestock, domestic fowl, and exotic fowl from diseases the Commission determines require control or eradication. Pursuant to §161.041(b), the Commission may act to eradicate or control any disease or agent of transmission for any disease that affects livestock, exotic livestock, domestic fowl, or exotic fowl. The Commission may adopt any rules necessary to carry out the purposes of this subsection, including rules concerning testing, movement, inspection, and treatment.
Pursuant to §161.046, titled "Rules," the Commission may adopt rules as necessary for the administration and enforcement of this chapter.
Pursuant to §161.047, titled "Entry Power," a commissioner or veterinarian or inspector employed by the Commission may enter public or private property for the exercise of an authority or performance of a duty under Chapter 161.
Pursuant to §161.048, titled "Inspection of Shipment of Animals or Animal Products," the Commission may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved. An agent of the Commission is entitled to stop and inspect a shipment of animals or animal products being transported in this state 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 non-communicable disease.
Pursuant to §161.054, titled "Regulation of Movement of Animals; Exception," the Commission may, by rule, regulate the movement of animals, and 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.
Pursuant to §161.056(a), titled "Animal Identification Program," the Commission, to provide for disease control and enhance the ability to trace disease-infected animals or animals that have been exposed to disease, may develop and implement an animal identification program that is no more stringent than a federal animal disease traceability or other federal animal identification program. Section 161.056(d) authorizes the Commission to adopt rules to provide for an animal identification program more stringent than a federal program only for control of a specific animal disease or for animal emergency management.
Pursuant to §161.081, titled "Importation of Animals," the Commission, by rule, may provide the method for inspecting and testing animals before and after entry into the state of Texas. The Commission may create rules requiring health certificates and entry permits.
Pursuant to §163.002, titled "Cooperative Program," the Commission, 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.
Pursuant to §163.066, titled "Regulation of Movement of Cattle; Exception," the Commission, by rule, may regulate the movement of cattle and may restrict 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.
No other statutes, articles, or codes are affected by this adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 27, 2023.
TRD-202301534
Jeanine Coggeshall
General Counsel
Texas Animal Health Commission
Effective date: May 17, 2023
Proposal publication date: December 23, 2022
For further information, please call: (512) 719-0718
The Texas Animal Health Commission (Commission) in a duly noticed meeting on April 4, 2023, adopted amendments to §40.6, concerning CWD Movement Restriction Zones. Section 40.6 is adopted without changes to the proposed text published in the December 23, 2022, issue of the Texas Register (47 TexReg 8388) and will not be republished.
JUSTIFICATION FOR RULE ACTION
The Commission adopts amendments to §40.6 to establish new containment zone (CZ) 5, expand existing CZ 2 and CZ 3, create a new surveillance zone (SZ) 8, and modify existing SZ 5 to either implement or improve surveillance efforts as part of the agency's effort to manage chronic wasting disease (CWD).
CWD is a degenerative and fatal neurological communicable disease recognized by the veterinary profession that affects susceptible cervid species. CWD can spread through natural movements of infected animals and transportation of live infected animals or carcass parts. The disease can be passed through contaminated environmental conditions, and may persist for a long period of time. Currently, no vaccine or treatment for CWD exists.
Expansion and creation of these containment zones follows detection of CWD. Each amended zone aligns with zones developed in consultation with the Texas Parks and Wildlife Department. The purpose of the restriction zones is to both increase surveillance and reduce the risk of CWD being spread from areas where it may exist.
HOW THE RULES WILL FUNCTION
The amendment to §40.6(b)(1)(B) enlarges current containment zone (CZ) 2 in Hartley County.
The amendment to §40.6(b)(1)(C) enlarges current CZ 3 in Medina County in order to comport with existing parameters for containment zones and is necessary to provide for additional surveillance within the recalculated parameters.
The amendment to §40.6(b)(1)(E) creates new CZ 5 in Kimble County in response to the detection of CWD in another deer within the county.
The amendment creates §40.6(b)(1)(F) and moves current §40.6(b)(1)(E), which describes CZ 6, to this new subsection for continuity of numbering of the containment zones.
The amendment to §40.6(b)(2)(E) enlarges surveillance zone (SZ) 5 in Kimble County to include the city of Junction, which allows hunters to transport carcasses to processors and taxidermists in Junction without carcass movement restrictions.
The amendment to create §40.6(b)(2)(H) would create new SZ 8 in Duval County in response to the detection of CWD in a deer breeding facility at the end of 2021 and to allow hunters to transport carcasses to processors and taxidermists in Alice and Freer without carcass movement restrictions.
SUMMARY OF COMMENTS RECEIVED AND COMMISSION RESPONSE
The 30-day comment period ended January 22, 2023.
During this period, the Commission received no comments regarding the proposed rules.
STATUTORY AUTHORITY
The amendments to §40.6 within Chapter 40 of the Texas Administrative Code are adopted under the following statutory authority as found in Chapter 161 of the Texas Agriculture Code.
The Texas Animal Health Commission is vested by statute, §161.041(a), titled "Disease Control," to protect all livestock, exotic livestock, domestic fowl, and exotic fowl from disease. The Commission is authorized, through §161.041(b), to act to eradicate or control any disease or agent of transmission for any disease that affects livestock, exotic livestock, domestic fowl, or exotic fowl.
Pursuant to §161.0415, titled "Disposal of Diseased or Exposed Livestock or Fowl," the Commission may require, by order, the slaughter of livestock, domestic fowl, or exotic fowl exposed to or infected with certain diseases.
Pursuant to §161.0417, titled "Authorized Personnel for Disease Control," the Commission must authorize a person, including a veterinarian, to engage in an activity that is part of a state or federal disease control or eradication program for animals.
Pursuant to §161.046, titled "Rules," the Commission may adopt rules as necessary for the administration and enforcement of this chapter.
Pursuant to §161.048, titled "Inspection of Shipment of Animals or Animal Products," the Commission may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved. An agent of the Commission is entitled to stop and inspect a shipment of animals or animal products being transported in this state 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 non-communicable disease.
Pursuant to §161.049, titled "Dealer Records," the Commission may require a livestock, exotic livestock, domestic fowl, or exotic fowl dealer to maintain records of all livestock, exotic livestock, domestic fowl, or exotic fowl bought and sold by the dealer. The Commission may also inspect and copy the records of a livestock, exotic livestock, domestic fowl, or exotic fowl dealer that relate to the buying and selling of those animals. The Commission, by rule, shall adopt the form and content of the records maintained by a dealer.
Pursuant to §161.054, titled "Regulation of Movement of Animals; Exception," 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. The Commission is authorized, through §161.054(b), to prohibit or regulate the movement of animals into a quarantined herd, premises, or area. The Executive Director of the Commission is authorized, through §161.054(d), to modify a restriction on animal movement, and may consider economic hardship.
Pursuant to §161.0541, titled "Elk Disease Surveillance Program," the Commission, by rule, may establish a disease surveillance program for elk. Such rules include the requirement for persons moving elk in interstate commerce to test the elk for chronic wasting disease. Additionally, provisions must include testing, identification, transportation, and inspection under the disease surveillance program.
Pursuant to §161.0545, titled "Movement of Animal Products," the Commission may adopt rules that require the certification of persons who transport or dispose of inedible animal products, including carcasses, body parts, and waste material. The Commission, by rule, may provide terms and conditions for the issuance, renewal, and revocation of a certification under this section.
Pursuant to §161.056(a), titled "Animal Identification Program," the Commission, to provide for disease control and enhance the ability to trace disease-infected animals or animals that have been exposed to disease, may develop and implement an animal identification program that is no more stringent than a federal animal disease traceability or other federal animal identification program. Section 161.056(d) authorizes the Commission to adopt rules to provide for an animal identification program more stringent than a federal program only for control of a specific animal disease or for animal emergency management.
Pursuant to §161.060, titled "Authority to Set and Collect Fees," the Commission may charge a fee for an inspection made by the Commission as provided by Commission rule.
Pursuant to §161.061, titled "Establishment," 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 or among livestock, exotic livestock, domestic animals, domestic fowl, or exotic fowl, or a place in this state or livestock, exotic livestock, domestic animals, domestic fowl, or exotic fowl are exposed to one of those diseases or any agent of transmission of one of those diseases, the Commission shall establish a quarantine on the affected animals or on the affected place. The quarantine of an affected place may extend to any affected area, including a county, district, pasture, lot, ranch, farm, field, range, thoroughfare, building, stable, or stockyard pen. The Commission may, through §161.061(c), establish a quarantine to prohibit or regulate the movement of any article or animal the Commission designates to be a carrier of a disease listed in Section 161.041 or a potential carrier of one of those diseases, if movement is not otherwise regulated or prohibited for an animal into an affected area, including a county district, pasture, lot, ranch, field, range, thoroughfare, building, stable, or stockyard pen.
Pursuant to §161.0615, titled "Statewide or Widespread Quarantine," the Commission may quarantine livestock, exotic livestock, domestic fowl, or exotic fowl in all or any part of this state as a means of immediately restricting the movement of animals potentially infected with disease and shall clearly describe the territory included in a quarantine area.
Pursuant to §161.065, titled "Movement from Quarantined Area; Movement of Quarantined Animals," the Commission may provide a written certificate or written permit authorizing the movement of animals from quarantined places. If the Commission finds animals have been moved in violation of an established quarantine or in violation of any other livestock sanitary law, the Commission shall quarantine the animals until they have been properly treated, vaccinated, tested, dipped, or disposed of in accordance with the rules of the Commission.
Pursuant to §161.081, titled "Importation of Animals," the Commission may regulate the movement of livestock, exotic livestock, domestic animals, domestic fowl, or exotic fowl into this state from another state, territory, or country. The Commission, by rule, may provide the method for inspecting and testing animals before and after entry into this state, and for the issuance and form of health certificates and entry permits.
Pursuant to §161.101, titled "Duty to Report," a veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal shall report the existence of the disease, if required by the Commission, among livestock, exotic livestock, bison, domestic fowl, or exotic fowl to the Commission within 24 hours after diagnosis of the disease.
Pursuant to §161.148, titled "Administrative Penalty," the Commission may impose an administrative penalty on a person who violates Chapter 161 or a rule or order adopted under Chapter 161. The penalty for a violation may be in an amount not to exceed $5,000, effective September 1, 2021.
The proposed rules in this chapter for adoption do not affect other statutes, sections or codes.
The Commission certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the Commission's legal authority.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 27, 2023.
TRD-202301535
Jeanine Coggeshall
General Counsel
Texas Animal Health Commission
Effective date: May 17, 2023
Proposal publication date: December 23, 2022
For further information, please call: (512) 719-0718
The Texas Animal Health Commission (Commission) in a duly noticed meeting on April 4, 2023, adopted amendments to §45.3, concerning Reportable and Actionable Disease List. Section 45.3 is adopted without changes to the proposed text published in the December 23, 2022, issue of the Texas Register (47 TexReg 8405) and will not be republished.
JUSTIFICATION FOR RULE ACTION
The Commission adopts amendments to Chapter 45 to establish and include "Malignant Catarrhal Fever caused by a ruminant gamma herpesvirus" as a disease that is reportable to the Commission in order to address the emerging threat to susceptible species in Texas. Many of the susceptible species are economically important in the state of Texas and include bison, bongo, blackbuck, 3 species of gazelle, roan and sable antelope, and white-tailed deer. Reporting diseases is critical to managing current, and preventing future, outbreaks, and a necessary first step towards understanding disease dynamics and transmission routes.
HOW THE RULES WILL FUNCTION
The amendment to §45.3, Reportable and Actionable Disease List, adds Malignant Catarrhal Fever caused by a ruminant gamma herpesvirus to the list of reportable and actionable diseases and agents of disease transmission among multiple species and reorders the list in alphabetical order.
SUMMARY OF COMMENTS RECEIVED AND COMMISSION RESPONSE
The 30-day comment period ended January 22, 2023.
During this period, the Commission received comments regarding the proposed rules from one individual. A summary of the comment relating to the rules and Commission's response follows.
Comment: An individual representing the Texas Bison Association commented in support of the rule amendments.
Response: The Commission thanks the commenter for the feedback. No changes were made as a result of this comment.
STATUTORY AUTHORITY
The amendments are authorized by Texas Agriculture Code, Chapter 161.
Pursuant to §161.041, titled "Disease Control," the Commission shall protect all livestock, exotic livestock, domestic fowl, and exotic fowl from diseases the Commission determines require control or eradication. Pursuant to §161.041(b) the Commission may act to eradicate or control any disease or agent of transmission for any disease that affects livestock, exotic livestock, domestic fowl, or exotic fowl. The Commission may adopt any rules necessary to carry out the purposes of this subsection, including rules concerning testing, movement, inspection, and treatment.
Pursuant to §161.043, titled "Regulation of Exhibitions," the Commission may regulate the entry of livestock and may require certification of those animals as reasonably necessary to protect against communicable diseases.
Pursuant to §161.046, titled "Rules," the Commission may adopt rules as necessary for the administration and enforcement of this chapter.
Pursuant to §161.047, titled "Entry Power," a Commissioner or veterinarian or inspector employed by the Commission may enter public or private property for the exercise of an authority or performance of a duty under Chapter 161.
Pursuant to §161.048, titled "Inspection of Shipment of Animals or Animal Products," the Commission may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved. An agent of the Commission is entitled to stop and inspect a shipment of animals or animal products being transported in this state 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 non-communicable disease.
Pursuant to §161.054, titled "Regulation of Movement of Animals; Exception," the Commission may, by rule, regulate the movement of animals, and 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.
Pursuant to §161.056(a), titled "Animal Identification Program," the Commission, to provide for disease control and enhance the ability to trace disease-infected animals or animals that have been exposed to disease, may develop and implement an animal identification program that is no more stringent than a federal animal disease traceability or other federal animal identification program. Section 161.056(d) authorizes the Commission to adopt rules to provide for an animal identification program more stringent than a federal program only for control of a specific animal disease or for animal emergency management.
Pursuant to §161.081, titled "Importation of Animals," the Commission, by rule, may provide the method for inspecting and testing animals before and after entry into the state of Texas. The Commission may create rules for the issuance and form of health certificates and entry permits.
Pursuant to §161.101, titled "Duty to Report," a veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal shall report the existence of the disease, if required by the Commission, among livestock, exotic livestock, bison, domestic fowl, or exotic fowl to the Commission within 24 hours after diagnosis of the disease.
No other statutes, articles, or codes are affected by this proposal.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 27, 2023.
TRD-202301536
Jeanine Coggeshall
General Counsel
Texas Animal Health Commission
Effective date: May 17, 2023
Proposal publication date: December 23, 2022
For further information, please call: (512) 719-0718
The Texas Animal Health Commission (Commission) in a duly noticed meeting on April 4, 2023, adopted amendments to §51.2, concerning General Requirements, and §51.8, concerning Cattle. Section 51.2 is adopted without changes and will not be republished. Section 51.8 is adopted with changes to proposed text as published in the December 23, 2022, issue of the Texas Register (47 TexReg 8407) based on public comments received. The changes to §51.8 allows the entry of sexually intact dairy cattle less than six months of age without a negative tuberculosis test with an entry permit. The permitted cattle would then be required to test negative for tuberculosis between the age of two months to six months. Because the revisions to §51.8 would not impose more stringent requirements for compliance than the proposed version, this section will be republished.
JUSTIFICATION FOR RULE ACTION
The Commission adopts amendments to Chapter 51 to clarify the requirements of the certificate of veterinary inspection. Recording official identification on a certificate of veterinary inspection ensures animal(s) moved into Texas are examined by a veterinarian and found to be free of communicable or infectious diseases.
Further, the amendments to Chapter 51 change the tuberculosis test entry requirements for sexually intact dairy cattle from two months of age or older to six months of age or older. For dairy cattle less than six months of age that are permitted entry to a designated facility, the amendments require a negative tuberculosis test at age of two months to six months while they are held at the designated facility. This adequately mitigates the risk that tuberculosis, a contagious respiratory disease in cattle and other species, is not inadvertently moved into Texas. Changes in the adopted amendment respond to public comments.
HOW THE RULES WILL FUNCTION
The amendment to §51.2, General Requirements, clarifies that animals vaccinated or tested for any disease as required by the Commission be individually officially identified on a certificate of veterinary inspection, instead of just individually identified.
The amendment to §51.8, Cattle, increases the tuberculosis testing age for dairy cattle moving into Texas from two to six months of age. The amendment also requires tuberculosis testing between the age of two months to the age of six months for sexually intact dairy cattle less than six months of age entering the state on an entry permit.
SUMMARY OF COMMENTS RECEIVED AND COMMISSION RESPONSE
The 30-day comment period ended January 23, 2023.
During this period, the Commission received comments regarding the proposed rules from six interested parties. A summary of comments relating to the rules and Commission's responses follows.
Comment: Two individuals submitted comments related to §51.2 requesting the Commission consider recognizing microchips as official identification for exotic bovids or for zoo animals since it is an approved form of official identification by the USDA.
Response: The Commission considers official identification any device approved for use to individually identify an animal approved by the Commission or USDA. As the commenters note, some microchips are recognized as a form of official identification by the USDA. Because USDA identification guidelines allow for the use of the USDA 840-ID microchip in some animals, the Commission considers it an official identification for those animals. The Commission thanks the commenters for the feedback. No changes were made as a result of this comment.
Comment: The Commission received comments from four individuals concerning §51.8. The comments expressed that the proposed language regarding sexually intact dairy cattle less than six months in age would detrimentally impact calf ranch operations. The comments suggested the amendment be changed to allow designated facilities holding sexually intact dairy cattle less than six months of age to test for tuberculosis between the age of two to six months rather than at the age of six months.
Response: The Commission agrees, and the adopted amendment reflects the suggested change.
STATUTORY AUTHORITY
The amendments are authorized by Texas Agriculture Code, Chapter 161.
Pursuant to §161.041, titled "Disease Control," the Commission shall protect all livestock, exotic livestock, domestic fowl, and exotic fowl from diseases the Commission determines require control or eradication. Pursuant to §161.041(b) the Commission may act to eradicate or control any disease or agent of transmission for any disease that affects livestock, exotic livestock, domestic fowl, or exotic fowl. The Commission may adopt any rules necessary to carry out the purposes of this subsection, including rules concerning testing, movement, inspection, and treatment.
Pursuant to §161.043, titled "Regulation of Exhibitions," the Commission may regulate the entry of livestock and may require certification of those animals as reasonably necessary to protect against communicable diseases.
Pursuant to §161.046, titled "Rules," the Commission may adopt rules as necessary for the administration and enforcement of this chapter.
Pursuant to §161.047, titled "Entry Power," a commissioner or veterinarian or inspector employed by the Commission may enter public or private property for the exercise of an authority or performance of a duty under Chapter 161.
Pursuant to §161.048, titled "Inspection of Shipment of Animals or Animal Products," the Commission may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved. An agent of the Commission is entitled to stop and inspect a shipment of animals or animal products being transported in this state 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 non-communicable disease.
Pursuant to §161.054, titled "Regulation of Movement of Animals; Exception," the Commission may, by rule, regulate the movement of animals, and 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.
Pursuant to §161.056(a), titled "Animal Identification Program," the Commission, to provide for disease control and enhance the ability to trace disease-infected animals or animals that have been exposed to disease, may develop and implement an animal identification program that is no more stringent than a federal animal disease traceability or other federal animal identification program. Section 161.056(d) authorizes the Commission to adopt rules to provide for an animal identification program more stringent than a federal program only for control of a specific animal disease or for animal emergency management.
Pursuant to §161.081, titled "Importation of Animals," the Commission, by rule, may provide the method for inspecting and testing animals before and after entry into the state of Texas. The Commission may create rules for the issuance and form of health certificates and entry permits.
Pursuant to §161.101, titled "Duty to Report," a veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal shall report the existence of the disease, if required by the Commission, among livestock, exotic livestock, bison, domestic fowl, or exotic fowl to the Commission within 24 hours after diagnosis of the disease.
§51.8.Cattle.
(a) Brucellosis requirements. All cattle must meet the requirements contained in §35.4 of this title (relating to Entry, Movement, and Change of Ownership). Cattle which are parturient, postparturient or 18 months of age and over (as evidenced by the loss of the first pair of temporary incisor teeth), except steers and spayed heifers being shipped to a feedyard prior to slaughter, shall be officially individually identified with a permanent identification device prior to leaving the state of origin.
(b) Tuberculosis requirements.
(1) All beef cattle, bison and sexually neutered dairy cattle originating from a federally recognized accredited tuberculosis free state, or zone, as provided by Title 9 of the Code of Federal Regulations, Part 77, Section 77.8, or from a tuberculosis accredited herd are exempt from tuberculosis testing requirements.
(2) All beef cattle, bison and sexually neutered dairy cattle originating from a state or zone with anything less than a tuberculosis free state status and having an identified wildlife reservoir for tuberculosis or that have never been declared free from tuberculosis shall be tested negative for tuberculosis in accordance with the appropriate status requirements as contained in Title 9 of the Code of Federal Regulations, Part 77, Sections 77.10 through 77.19, prior to entry with results of this test recorded on the certificate of veterinary inspection. All beef cattle, bison and sexually neutered dairy cattle originating from any other states or zones with anything less than free from tuberculosis shall be accompanied by a certificate of veterinary inspection.
(3) All dairy breed animals, including steers and spayed heifers, shall be officially identified prior to entry into the state. All sexually intact dairy cattle, that are six months of age or older may enter provided that they are officially identified, and are accompanied by a certificate of veterinary inspection stating that they were negative to an official tuberculosis test conducted within 60 days prior to the date of entry. All sexually intact dairy cattle that are less than six months of age must obtain an entry permit from the commission, as provided in §51.2(a) of this title (relating to General Requirements), to a designated facility where the animals will be held until they are tested negative at the age of two months to six months. Animals which originate from a tuberculosis accredited herd, and/or animals moving directly to an approved slaughtering establishment are exempt from the test requirement. Dairy cattle delivered to an approved feedlot for feeding for slaughter by the owner or consigned there and accompanied by certificate of veterinary inspection with an entry permit issued by the commission are exempt from testing unless from a restricted herd. In addition, all sexually intact dairy cattle originating from a state or area with anything less than a tuberculosis free state status shall be tested negative for tuberculosis in accordance with the appropriate requirements for states or zones with a status as provided by Title 9 of the Code of Federal Regulations, Part 77, Sections 77.10 through 77.19, for that status, prior to entry with results of the test recorded on the certificate of veterinary inspection.
(4) All "M" brand steers, which are recognized as potential rodeo and/or roping stock, being imported into Texas from another state shall obtain a permit, prior to entry into the state, in accordance with §51.2(a) of this title and be accompanied by a certificate of veterinary inspection which indicates that the animal(s) were tested negative for tuberculosis within 12 months prior to entry into the state.
(5) All other cattle from foreign countries, foreign states, or areas within foreign countries defined by the Commission, with comparable tuberculosis status, would enter by meeting the requirements for a state with similar status as stated in paragraphs (1), (2), and (3) of this subsection.
(6) All sexually intact cattle, from any foreign country or part thereof with no recognized comparable Tuberculosis status.
(A) To be held for purposes other than for immediate slaughter or feeding for slaughter in an approved feedyard or approved pen, must be tested at the port of entry into Texas under the supervision of the port veterinarian, and shall be under quarantine on the first premise of destination in Texas pending a negative tuberculosis test no earlier than 120 days and no later than 180 days after arrival. The test will be performed by a veterinarian employed by the commission or APHIS/VS.
(B) When destined for feeding for slaughter in an approved feedyard, cattle must be tested at the port-of-entry into Texas under the supervision of the port veterinarian; moved directly to the approved feedyard only in sealed trucks; accompanied with a VS 1-27 permit issued by commission or USDA personnel; and "S" branded prior to or upon arrival at the feedlot.
(7) Cattle originating from Mexico.
(A) All sexually intact cattle shall meet the requirements provided for in paragraph (6) of this subsection.
(B) Steers and spayed heifers from Mexico shall meet the federal importation requirements as provided in Title 9 of the Code of Federal Regulations, Part 93, Section 93.427, regarding importation of cattle from Mexico. In addition to the federal requirements, steers and spayed heifers must be moved under permit to an approved pasture, approved feedlot, or approved pens.
(C) Cattle utilized as rodeo and/or roping stock shall meet the requirements set out in paragraph (6)(A) of this subsection and the applicable requirement listed in clauses (i) and (ii) of this subparagraph:
(i) All sexually intact cattle shall be retested annually for tuberculosis at the owner's expense and the test records shall be maintained with the animal and available for review.
(ii) All sexually neutered horned cattle imported from Mexico are recognized as potential rodeo and/or roping stock and must:
(I) be tested for tuberculosis at the port of entry under the supervision of the USDA port veterinarian;
(II) be moved by permit to a premise of destination and remain under Hold Order, which restricts movement, until permanently identified by methods approved by the commission, and retested for tuberculosis between 60 and 120 days after entry at the owner's expense. The cattle may be allowed movement to and from events/activities in which commingling with other cattle will not occur and with specific permission by the TAHC until confirmation of the negative post entry retest for tuberculosis can be conducted; and
(III) be retested for tuberculosis annually at the owner's expense and the test records shall be maintained with the animal and available for review.
(D) Regardless of reproductive status, test history, or Mexican State of origin, Holstein and Holstein cross cattle are prohibited from entering Texas.
(E) All cattle moved into Texas from Mexico shall be identified with an "M" brand prior to moving to a destination in Texas.
(F) A copy of the certificate issued by an authorized inspector of the United States Department of Agriculture, Animal and Plant Health Inspection Service, for the movement of Mexico cattle into Texas must accompany such animals to their final destination in Texas, or so long as they are moving through Texas.
(G) Any certificate, form, record, report, or chart issued by an accredited veterinarian for cattle that originate from Mexico, have resided in Mexico or are "M" branded shall include the statement, "the cattle represented on this document are of Mexican origin."
(c) Trichomoniasis Requirements:
(1) A breeding bull that is 12 months of age or older may enter the state provided the bull is officially identified as provided by §38.1 of this title (relating to Definitions) and accompanied by a certificate of veterinary inspection stating the bull tested negative for Trichomoniasis with an official Real Time Polymerase Chain Reaction (RT-PCR) test as provided by §38.6 of this title (relating to Official Trichomoniasis Tests) within 60 days prior to the date of entry.
(2) A breeding bull that is 12 months of age or older is exempt from the testing requirement of paragraph (1) of this subsection if the bull meets one of the following requirements:
(A) The bull enters on and is moved by a permit, issued prior to entry, from the commission, in accordance with §51.2(a) of this title, for the purpose of participating at a fair, show, exhibition or rodeo, remains in the state for less than 60 days from the date of entry, and is isolated from female cattle at all times. The certificate of veterinary inspection shall include the entry permit number. A bull that is in this state on or after the 60th day from the date of entry shall test negative for Trichomoniasis with an official RT-PCR test.
(B) The bull enters on and is moved by a permit, issued prior to entry, from the commission, in accordance with §51.2(a) of this title, directly to a feedyard that has executed a Trichomoniasis Certified Facility Agreement. The certificate of veterinary inspection shall include the entry permit number.
(C) The bull enters on and is moved by a permit, issued prior to entry from the commission, in accordance with §51.2(a) of this title, directly to a facility that tests the gain and feed conversion of cattle (bull test station) that isolates the bull from female cattle at all times. The certificate of veterinary inspection shall include the entry permit number. The bull shall return to the out-of-state premises destination directly from the bull test station or test negative for Trichomoniasis with an official RT-PCR test.
(D) A Texas bull that is enrolled in an out-of-state facility that tests the gain and feed conversion of cattle (bull test station) and isolates the bull from female cattle at all times may move directly to the Texas premises of origin. The certificate of veterinary inspection shall state the bull was enrolled in a bull test station and was isolated from female cattle.
(E) The bull is enrolled at an out-of-state semen collection facility, which complies with Certified Semen Services Minimum Requirements for Disease Control of Semen Produced for Artificial Insemination, that isolates the bull from female cattle at all times and the bull is moved directly from a semen collection facility into the state. The certificate of veterinary inspection shall state the bull was enrolled in a semen collection facility and was isolated from female cattle.
(F) The bull originates from a herd that is enrolled in a Certified Trichomoniasis Free Herd Program or other certification program that is substantially similar, as determined by the Executive Director, to the program requirements provided by §38.8 of this title (relating to Herd Certification Program--Breeding Bulls).
(G) The bull enters from a premises of origin (farm, ranch, or dairy where the bull has been raised or maintained for breeding purposes) and moves directly to a federally approved livestock market with an owner shipper statement and does not require an entry permit or CVI.
(H) The bull enters from other than a premises of origin and is moved by a permit, issued prior to entry from the commission, in accordance with §51.2(a) of this title, directly to a federally approved livestock market that isolates the bull from female cattle at all times and the bull is Trichomoniasis tested as required by §38.2 of this title (relating to General Requirements). The certificate of veterinary inspection shall include the entry permit number.
(3) Female cattle 12 months of age or older that originate from a known Trichomoniasis positive herd, or exposed to a known Trichomoniasis positive bull, may not enter the state unless the animal is officially identified and enters on and is moved by a permit, issued prior to entry from the commission, in accordance with §51.2(a) of this title, directly to an approved slaughtering establishment. The certificate of veterinary inspection shall include the entry permit number and a statement that the animal is Trichomoniasis exposed.
(4) All breeding bulls entering from a foreign country shall enter on and be moved by a permit, issued prior to entry from the commission, in accordance with §51.2(a) of this title, to a premises of destination in Texas and shall be placed under Hold Order and officially tested for Trichomoniasis with not less than three official culture tests conducted not less than seven days apart, or an official RT-PCR test, within 30 days after entry into the state. All bulls shall be isolated from female cattle at all times until tested negative for Trichomoniasis. The Hold Order shall not be released until all other post entry disease testing requirements have been completed. All bulls tested for Trichomoniasis shall be officially identified at the time the initial test sample is collected. The identification shall be recorded on the test documents.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 27, 2023.
TRD-202301537
Jeanine Coggeshall
General Counsel
Texas Animal Health Commission
Effective date: May 17, 2023
Proposal publication date: December 23, 2022
For further information, please call: (512) 719-0718