Texas Register, Volume 32, Number 23, Pages 3077-3422, June 8, 2007 Page: 3,092
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(1) Owners, shippers or exporters of EVA carrier stallions,
as defined in 49.4 of this title (relating to Equine Viral Arteritis (EVA):
Reporting and Handling for Breeding of Infected Equine), which are to
be imported into Texas, shall notify the buyer or receiver of the stal-
lion, in writing, prior to shipment into the state, that the stallion is an
EVA carrier stallion. The equine shall be accompanied by a certificate
veterinary inspection , on which the carrier status of the stallion is no-
tated.
(2) Owners of EVA carrier stallions, who intend to ship se-
men from the carrier stallion into Texas, shall notify, in writing, the
owners, managers or caretakers of mares to be inseminated that the se-
men is from an EVA carrier stallion and that the mare could become
EVA infected through insemination with infective semen.
(3) Any equine that originate from an area quarantined, ex-
cluding a quarantined facility, for EVA, must be accompanied by a cer-
tificate of veterinary inspection which states that the animal does not
exhibit clinical signs of EVA, and that the equine had a rectal tempera-
ture of 101F. E or less at the time of examination for entry. EVA carrier
stallions shall also comply with paragraph (1) of this subsection.
51.15. Poultry.
(a) (No change.)
(b) Live domestic poultry, except those entering for slaughter
and processing at a slaughter facility owned or operated by the owner
of the poultry entering, may enter Texas only under the following cir-
cumstances:
(1) - (2) (No change.)
(3) The domestic poultry originate from a flock in which a
minimum of 30 birds, 4 weeks of age or older, or the complete flock,
if fewer than 30, are serologically negative to an Enzyme Linked Im-
munosorbent Assay (ELISA) or Agar Gel Immunodiffusion (AGID)
test for Avian Influenza within 30 days of entry or a minimum of 10
birds (e.g. two pools of 5 birds per house) are tested negative on tra-
chea swabs to a real-time reverse-transcriptase polymerase chain reac-
tion (RRT-PCR) [Direetigen (R)] test within 30 days of entry or nega-
tive to other tests approved by the Commission; the shipment shall be
accompanied by a Certificate of Veterinary Inspection listing the gen-
eral description of the birds, test date, test results, and name of testing
laboratory.
(4) Live domestic poultry from states affected with Avian
Influenza may enter Texas for slaughter and processing only under the
following circumstances: A minimum of 30 birds per flock are serolog-
ically negative to an ELISA or AGID test for Avian Influenza within 72
hours of entry, or a minimum of 10 birds (e.g., two pools of 5 birds per
house) are tested negative on tracheal swabs to a RRT-PCR [Direetigen
(R)] test within 72 hours of entry or negative to other tests approved by
the TAHC, and specific written permission has been granted.
(5) (No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on May 25, 2007.
TRD-200702081
Gene Snelson
General Counsel
Texas Animal Health Commission
Proposed date of adoption: July 23, 2007
For further information, please call: (512) 719-0700CHAPTER 53. MARKET REGULATION
4 TAC 53.5
The Texas Animal Health Commission (TAHC or Commission)
proposes amendments to Chapter 53, concerning Market Reg-
ulation. This proposal amends 53.5 regarding market record-
keeping.
Recently a Brucellosis Eradication Working Group (BEWG) was
formed to review the brucellosis program; identify challenges
and inconsistencies in the Texas brucellosis program; and make
recommendations to the Commission for completion of the bru-
cellosis eradication program in Texas. The group consisted of
representatives from the cattle and marketing industries, veteri-
nary practitioners, USDA and TAHC. The BEWG met two times
to review and discuss the Brucellosis program and identified
items and issues needing further deliberation. There was dis-
cussion on length of time records should be kept. The Sub-
committee recommendation was to extend the record-keeping
requirement to seven years, since almost everyone must cur-
rently keep some records for seven years. Members did not be-
lieve that the extra retention time would pose a significant bur-
den. The extended time requirement will aid in identifying the
sources and movements of animals that have long incubating
diseases. Also they recommend that the name, address and ve-
hicle license plate number be recorded on market check-in doc-
uments for all livestock checked in for sale at livestock markets.
The Commission proposes those changes to 53.5.
FISCAL NOTE
Mike Jensen, Deputy Director for Administration and Finance,
Texas Animal Health Commission, has determined that for the
first five-year period the amendments are in effect, there will be
no additional fiscal implications for state or local government as
a result of enforcing or administering the amended rule. There
will be no effect on small or micro businesses. There will be no
effect to individuals required to comply with the amendments as
proposed.
PUBLIC BENEFIT NOTE
Mr. Jensen also has determined that for each year of the first
five years the amendments are in effect, the public benefit antic-
ipated as a result of enforcing the amendments will be clear and
concise regulations which can be found in one chapter.
LOCAL EMPLOYMENT IMPACT STATEMENT
In accordance with Government Code, 2001.022, this agency
has determined that the adoption of the amended 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 adoption of the
amended rule is an activity related to the handling of animals, in-
cluding requirements concerning testing, movement, inspection,
identification, reporting disease, and treatment, in accordance
with 4 TAC 59.7, and is, therefore, compliant with the Private
Real Property Preservation Act in Government Code, Chapter
2007.
REQUEST FOR COMMENT32 TexReg 3092 June 8, 2007 Texas Register
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Texas. Secretary of State. Texas Register, Volume 32, Number 23, Pages 3077-3422, June 8, 2007, periodical, June 8, 2007; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97400/m1/15/?rotate=90: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.