| (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 §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."
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| Source Note: The provisions of this §43.2 adopted to be effective January 1, 2006, 30 TexReg 8676; amended to be effective October 14, 2007, 32 TexReg 7038; amended to be effective June 3, 2014, 39 TexReg 4236 |
