| (3) Adult vaccinated cattle that have been vaccinated over
calfhood age as part of authorized whole-herd vaccination plans shall be permanently
identified as vaccinates by the following procedures: tattoo or by hot "V"
brand and by official eartag. Adult-vaccinated cattle and/or bison in these
herds must be identified by either a "V" hot brand high on the hip near the
tailhead with the open end down for RB 51, open end up for Strain 19, or by
an official "AV" (adult vaccination) tattoo in the right ear. For Brucella
abortus Strain 19 vaccinated animals, the "AV" in the tattoo is to be preceded
by a number indicating the quarter of the year, and followed by a number corresponding
to the last digit of the year in which the vaccination was done. For brucella
abortus Strain RB 51 vaccinated animals, the "AV" in the tattoo is to be preceded
by the letter "R," and followed by a number corresponding to the last digit
of the year in which the vaccination was done. The brand or tattoo is in addition
to the official eartag identification. If the cattle or bison are registered
by a breed association recognized by VS, individual animal registration tattoos
or individual animal registration brands may be used for identifying animals
in place of official eartags. Official eartags, if required, will be placed
in the right ear.
(4) Vaccination will be done by state/federal personnel following
a negative test within ten days prior to adult vaccination.
(n) Community notification of infected herds.
(1) The status of infected herds and the application of quarantined
feedlots, designated pens, and quarantined pastures are to be made known to
herd owners in the immediate community. Notification of such herd owners may
be achieved by means of an educational letter delivered through personal contact
or by mail. When the herd has completed its individual herd plan, or the Quarantined
Premise approval is terminated, the herd owners shall also be notified within
30 days by means of an educational letter delivered by personal contact or
by mail.
(2) Notification to the Texas Department of Health. The Texas
Department of Health will be notified within 15 days of the classification
of an infected herd.
(o) Requirements for a quarantined feedlot. All parturient
and post parturient cattle must be officially tested for brucellosis within
30 days prior to entry into a quarantined feedlot. All cattle except steers
and spayed heifers in a quarantined feedlot shall be classified as exposed
to brucellosis. The quarantined feedlot shall be maintained for finish feeding
of cattle in drylot with no provisions for pasturing or grazing except in
adjacent quarantined pastures. Negative exposed and untested test-eligible
cattle must be permanently identified with a hot iron "S" brand high on the
tailhead upon entering the quarantined feedlot. All cattle except steers and
spayed heifers located in feedlots adjacent to quarantined pastures must be
permanently identified with a hot iron "S" brand high on the tailhead upon
entering such feedlots. All cattle except steers and spayed heifers leaving
such feedlot must go directly to slaughter; or may be moved directly to another
quarantined feedlot or designated pen with an "S" permit.
(p) Requirements of a quarantined pasture for "S"-branded heifers.
The Commission in conjunction with the United States Department of Agriculture
(USDA), Animal and Plant Health Inspection Services (APHIS), Veterinary Services
(VS) may issue an approval to a landowner or operator to operate a quarantined
pasture for a period not to exceed eight months, which approval is personal
to the person named, and nontransferable to any other premises from the premises
described in the approval. To be considered, an applicant must submit a completed
application in writing to the Texas Animal Health Commission. Hereafter, the
word "operator" is used to indicate the person who received the approval to
operate a quarantined pasture.
(1) The commission or USDA, APHIS, VS personnel shall make
an on-site inspection of the premises prior to granting approval of the quarantined
pasture to identify persons who own or control land having fence-line contact
with the proposed quarantined pasture. Persons identified as owning or controlling
land with fence-line contact shall be notified by the commission through certified
mail of the pending application, and shall have the right to protest its approval
under Chapter 32 of this title (relating to Hearing and Appeal Procedures).
(A) Following notification of an application for a quarantined
pasture for heifers, a person or persons owning or having control of land
in fence-line contact with the proposed pasture may within 15 days of receipt
of notification protest the application and request a meeting with the executive
director of the commission in writing, stating the grounds for his protest,
which grounds may include, but are not limited to, the following:
(i) probability of disease transmission; or
(ii) condition of fences.
(B) After expiration of the period within which the persons
owning or having control of land in fence-line contact with the proposed pasture
may submit their protests, the executive director shall inform the protester(s)
and the applicant of a meeting date, which meeting shall take place in Austin.
The applicant shall furthermore be informed of the grounds stated in the protest(s).
(C) At the meeting, the protester(s) and the applicant shall
have the right to adduce any evidence in support of their stated position.
(D) Within 14 days following the meeting, the executive director
shall render his decision in writing and inform the protester(s) and the applicant
of his decision by certified mail.
(E) Upon receipt of an adverse decision or order, the protester(s)
or the applicant may within 15 days of such receipt file a written notice
of appeal with the chairman of the commission stating the grounds for such
appeal. The subsequent administrative hearing on the appeal shall be held
before the commission in Austin, which hearing it may delegate to a hearing
examiner. Such hearing shall be conducted in conformity with the Administrative
Procedure and Texas Register Act and Chapter 32 of this title (relating to
Hearing and Appeal Procedures).
(2) The approval to operate a quarantined pasture shall automatically
expire eight months from the date of approval.
(3) The operator may only admit "S" branded Texas heifers,
whether spayed or not. He may not accept bulls and bull calves.
(A) The operator may only admit "S" branded heifers who have
their central pair of deciduous (temporary) incisor teeth and weigh less than
500 pounds at the time of admission.
(B) The operator may not admit "S" branded heifers that show
visible evidence of pregnancy.
(4) The operator shall obtain an "S" brand permit for all heifers
prior to their leaving the quarantined pasture and shall be responsible for
their moving either:
(A) to a market to be sold for movement directly to slaughter
or to a quarantined feedlot or designated pen; or
(B) directly to slaughter; or
(C) directly to a quarantined feedlot or designated pen.
(5) Prior to expiration of the quarantined pasture application
for "S" branded heifers, the operator may reapply for renewal of the quarantined
pasture designation for the same premises. An on-site inspection of the premise
shall be made by commission or USDA, APHIS, VS personnel prior to granting
approval for renewal of the quarantined pasture pursuant to requirements of
paragraphs (1) and (3) of this subsection.
(6) An applicant denied approval may reapply any time upon
a substantial change in circumstances.
(q) Market cattle identification. All cattle 18 months of age
and older except steers and spayed heifers which are being moved from markets
to slaughtering establishments shall be identified by a USDA approved backtag
placed just below the midline and just behind the shoulder of the animal.
The check-in document will identify each backtagged animal to the consignor.
(r) Requirements for Designated Pens. Cattle exposed to brucellosis
may be moved into designated pens in feedlots provided they meet the following
requirements.
(1) The designated pens shall be maintained for finish feeding
of cattle in dry lot with no provisions for pasturing or grazing.
(2) Double cattle-proof fences shall separate the designated
pens from the remainder of the feedlot with at least 12 feet of space between
the fences where cattle are not maintained. An alley may satisfy this separation
requirement as long as neither food nor water is available and cattle are
not maintained in the alley.
(3) All parturient and post parturient cattle must be officially
tested negative for brucellosis within 30 days prior to entry into designated
pens, classified as exposed to brucellosis and handled as specified in this
section.
Cont'd... |
