Current through Reg. 49, No. 38; September 20, 2024
(a) Tuberculosis:
This subchapter shall govern procedures for the prevention, surveillance,
control, management and eradication of bovine tuberculosis in Texas. For the
purpose of controlling and eradicating tuberculosis the following documents are
incorporated by reference: The January 1, 2005, Edition of "Bovine Tuberculosis
Eradication Uniform Methods and Rules" (UM&R) and the Code of Federal
Regulations, Title 9, Parts 71, 77, and 161.
(b) Movement Restrictions: Whenever the Texas
Animal Health Commission (Commission) has reason to believe that any livestock
or exotic livestock have been exposed to or is infected with tuberculosis, that
premises and all livestock and exotic livestock thereon shall have movement
restricted, using either a "hold order" or "quarantine", subject to a
determination or results of tuberculosis test conducted by authorized personnel
or as directed by the Designated Tuberculosis Epidemiologist or the Executive
Director. Movement of livestock or exotic livestock under movement restrictions
must be authorized by the Designated Tuberculosis Epidemiologist or the
Executive Director and accompanied by a written permit. The permit will list:
(1) the reactor tag number or official ear
tag number in the case of reactor, suspect, or exposed livestock;
(2) the owner's name and address;
(3) origin and destination
locations;
(4) number of animals
covered;
(5) the purpose of the
movement; and
(6) if the animals
are required to be shipped under seal then the permit should also show the
number on the seal. If a change in destination becomes necessary, a new permit
must be issued by authorized personnel. No diversion from the destination on
the permit is allowed.
(c) Official Tests: All official tuberculosis
tests shall be conducted by a designated personnel employed by the Commission,
or the United States Department of Agriculture (USDA) or by an accredited
veterinarian designated to perform approved tuberculosis tests by the Executive
Director of the Commission. Each individual designated to conduct official
tuberculin tests shall meet a performance standard, as referenced in the
UM&R - Appendix C; entitled "Performance Standards for Caudal Fold
Tuberculin (CFT) Testing". Each individual authorized to conduct official CFT
tests shall be in compliance with these standards for the CFT.
(d) Reporting: All official tests shall be
reported on VS Form 6-22 and continuation sheet VS Form 6-22B and mailed to the
Commission within seven days of reading the results. The information on the VS
Form 6-22B, shall include:
(1) the official
individual identification;
(2) the
name and post office address of the owner;
(3) the location of the premises and the
animals;
(4) the dates of injection
and reading of the test;
(5) the
kind of test conducted;
(6) the
result of the test;
(7) the reason
for testing (i.e., Herd Accreditation, Sale or Show, Other); and
(8) the signature and accreditation number of
the testing veterinarian.
(e) Identification. All animals tested must
be permanently individually identified by an official identification device, an
official registration tattoo or an official registration brand as specifically
recognized or authorized by the commission.
(f) Tuberculin Test Interpretation,
Classification, and Reporting Requirements.
(1) The site of administration of a
tuberculin test shall be examined at 72 (+/-6) hours following injection.
Examination shall be made by visual observation and palpation. Observation
without palpation shall constitute cause for removal of veterinary
accreditation.
(2) Any animal with
a visible or palpable response at the site of injection shall be classified as
a Suspect by the testing veterinarian.
(3) Any animal classified as a Suspect shall:
(A) be reported by the testing veterinarian
to the appropriate Area Office within 48 hours following examination;
and
(B) the reporting veterinarian
shall inform the owner or caretaker that the herd is restricted from movement
until a determination of disease status has been made by the
Commission.
(g) Disposition of Suspects and Reactors
(1) Reactors shall remain on the premise
where they were disclosed until a State or Federal permit for movement has been
obtained. Movement for immediate slaughter shall be within 15 days of
classification and shall be directly to a slaughtering establishment where
approved State or Federal inspection is maintained. Alternatively, the animals
may be destroyed on the premises or in a postmortem examination facility under
the direct supervision of a State or Federal animal health veterinarian to
ensure that a proper postmortem examination is conducted; that the carcasses
are disposed of by deep burial or burning, and that the facilities are
adequately cleaned and disinfected.
(2) Herds containing suspects to the CFT test
shall be quarantined until the suspect animals are:
(A) Negative to a CCT test; or
(B) Negative on the bovine interferon gamma
assay; or
(C) Shipped, under
permit, directly to slaughter in accordance with State and Federal laws and
regulations with postmortem examinations conducted according to requirements
outlined in paragraph (5) of this subsection.
(3) Suspects to the CCT test must be:
(A) Negative to a CCT retest 60 or more days
after the previous CCT injection; or
(B) Shipped under permit directly to
slaughter.
(4) Animals
positive on the bovine interferon gamma assay and classified as suspect must
be:
(A) Negative on a bovine interferon gamma
assay retest conducted within 30 days of the CFT injection (the DTE or Regional
Tuberculosis Epidemiologist must concur with the retest); or
(B) Shipped, under permit, directly to
slaughter for postmortem examination.
(5) Postmortem examinations shall be
witnessed by a State or Federal animal health veterinarian and selected tissue
specimens, to include any tissue with granulomatous appearing lesions and
representative head and thoracic lymph nodes, must be submitted for laboratory
examination.
(h)
Requirements on Dealer Recordkeeping: Any dealer must maintain records of
livestock and exotic livestock that are purchased or sold. Such records shall
show the buyer's and seller's name and address, county of origin, number of
animals, and a description of each animal, including sex, age, color, breed,
brand, and official identification. Records at auctions and commission firms
shall show the delivery vehicle license number. These records must be
maintained for a minimum of five years. Such records must be made available to
State or Federal animal health officials, upon request, during normal business
hours.
(i) Slaughter Plant
Collections and Submissions: Slaughter plants for cattle are required to
collect and submit diagnostic specimens for the purpose of testing for
tuberculosis as directed by state or federal inspection personnel. The
slaughter of cattle shall be conducted so that the carcass and any diagnostic
specimens can be identified as being derived from a particular animal. Handling
shall include, but is not limited to, the retention of official eartags,
official backtags, herd identification ear tags, ear bangles, electronic
implants, and other man made identifying devices affixed to the animal, in a
way that correctly relates the diagnostic specimen to the carcass from which it
was taken. All identification devices shall be included with the documentation
submitted with a diagnostic specimen to an approved laboratory.
(j) Retesting and release of movement
restrictions.
(1) Sale of feeder calves from
quarantined herds will be restricted. Feeder calves under 12 months of age that
have passed a CFT test within 60 days prior to movement may be "S" branded and
permitted to move intrastate to an approved feedlot or approved pens in a
feedlot.
(2) Herds in which
Mycobacterium bovis infection has been confirmed shall be depopulated; or shall
remain under quarantine until all requirements of an individual herd plan have
be completed in accordance with procedures prescribed in the
UM&R.
(3) Herds in which NGL
reactor(s) only occur and no evidence of Mycobacterium bovis infection has been
disclosed may be released from movement restrictions after a 60 day negative
retest on the entire herd.
(4)
Herds in which Suspect animal(s) are disclosed shall remain under movement
restrictions until the Suspect(s) have been retested and classified negative,
or are shipped direct to slaughter under permit and no evidence of
Mycobacterium bovis infection is disclosed. If animals are slaughtered as
suspects but show no gross lesions and selected tissues, to include
representative head and thoracic lymph nodes, are found negative on
histopathology and bacteriological culture for Mycobacterium bovis and a
complete epidemiologic investigation, including a herd test of all eligible
animals, fails to disclose evidence of infection with or exposure to bovine
tuberculosis, the herd, with the concurrence of the DTE and Regional
Tuberculosis Epidemiologist, may be considered free of bovine
tuberculosis.
(k) A
person may protest an initial test or a herd plan each herd classified as
increased risk for Tuberculosis:
(1) To
protest, the herd owner must request a meeting, in writing, with the Executive
Director of the Commission within 15 days of receipt of the herd plan or notice
of an initial test and set forth a short, plain statement of the issues that
shall be the subject of the protest, 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
(C) the Executive Director shall render his
decision in writing within 14 days from date of the meeting.
(2) 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.
(3) 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).
(4) If the Executive Director determines,
based on epidemiological principles, that immediate action is necessary, the
Executive Director may shorten the time limits to not less than five days. The
herd owner must be provided with written notice of any time limits so
shortened.
(l)
Tuberculosis accredited herd. A herd must meet the standards of the UM&R as
provided in Part IV.
(m) Interstate
Movement Requirements: See §
RSA 51.8 of this title
(relating to Cattle).
(n)
Intrastate Movement of Dairy Cattle. All dairy cattle being transported within
Texas shall be identified prior to movement with official identification device
or identification device approved by the commission.
(o) Requirements for cattle originating from
Mexico: Any certificate, form, record, report or chart issued by an authorized
person 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."
