Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 8,014
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CHAPTER 43. TUBERCULOSIS
SUBCHAPTER A. CATTLE AND BISON
4 TAC 43.6
The Texas Animal Health Commission (Commission) adopts
new 43.6, concerning Dairy Calf Ranches, without changes to
the proposed text as published in the July 6, 2012, issue of the
Texas Register (37 TexReg 5063) and will not be republished.
The new rule is for the purpose of defining dairy calf ranches as
high risk for disease transmission and outlining desired manage-
ment and recordkeeping concepts that would facilitate epidemi-
ological oversight necessary for adequate disease investigation
processes. This adopted rule is also intended to mitigate the risk
of Tuberculosis, and other diseases, being inadvertently spread
throughout the dairy industry.
The "off-site" (not the birthplace dairy) concentrated feeding
practice for young dairy calves at a calf ranch has become
common practice in the dairy industry. Commingling of calves in
high numbers from multiple dairies increases the risk of disease
transmission. The feeding of non-pasteurized colostrum or
waste milk to calves prior to weaning, or not properly cleaning
milk bottles between uses, can further exacerbate the possibility
of transferring disease pathogens to a native calf population.
Calf ranches have been implicated as the possible source of
infection in many past bovine tuberculosis infected dairies in
Texas and other states. The inability to completely trace the
movement of calves through affected facilities in past investiga-
tions has also created the situation where exposed or infected
calves could not be located for follow up testing, thus posing a
risk to the entire dairy industry.
The Commission received one comment regarding adoption of
the new rule, but there is no change to the rule in response to
the comment.
The one comment received focused on broadening the definition
of dairy cattle to just cattle. The commenter felt like a broader
definition for all cattle would better ensure that people were not
claiming dairy cattle as feeder cattle. The Commission appreci-
ates the comment, but would note that these types of dairy calf
ranches are unique to the dairy industry and though some of
the animals may be grown out and then go into beef channels,
the primary purpose of these facilities are to grow replacement
heifers that go back into dairies. The other reason for focus on
these facilities is the practice of feeding colostrum which creates
the high disease risk for Tuberculosis exposure. This is not a
common practice for calves being fed and raised for beef pro-
duction. The commenter also asked why we did not identify a
specific number of days in which colostrum is produced by the
cow. The reason is it depends on each animal and the timeframe
can vary by animal. The bottom line is this is not something for
which a specific timeframe can be established other than it is the
initial milk offering from the cow after giving birth.
STATUTORY AUTHORITY
The new rule is adopted under the following statutory authority as
found in Chapter 161 of the Texas Agriculture Code. The Com-
mission 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 trans-
mission of one of those diseases exists in a place in this stateamong 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 an-
imals 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 in-
trastate 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 de-
termine if the shipment presents a danger to the public health or
livestock industry through insect infestation or through a commu-
nicable 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 trans-
mission 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 transmis-
sion of one of those diseases, the Commission shall establish a
quarantine on the affected animals or on the affected place.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on September 20,
2012.
TRD-201204978
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: October 10, 2012
Proposal publication date: July 6, 2012
For further information, please call: (512) 719-0724
CHAPTER 45. REPORTABLE DISEASES
4 TAC 45.2
The Texas Animal Health Commission (Commission) adopts
an amendment to 45.2, concerning Duty to Report, without
changes to the proposed text as published in the July 6, 2012,
issue of the Texas Register (37 TexReg 5064) and will not be
republished.
The purpose of this amendment is to add Schmallenberg virus
to the list of reportable diseases.
Section 161.101 of the Texas Agriculture Code provides for the
duty of a veterinarian, veterinary diagnostic laboratory or a per-
son having care, custody, or control of an animal to report spec-
ified animal health diseases to the Commission. The Commis-
sion has a specific list of reportable diseases in Chapter 45 of
the Commission rules.37 TexReg 8014 October 5, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012, periodical, October 5, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth288982/m1/199/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.