| (a) Definitions:
(1) High risk area or county--An area or county that
is epidemiologically judged to have a high probability for animals
to be either infected with or exposed to a disease.
(2) Hold Order--A document restricting movement of
a herd, unit, or individual animal pending the determination of disease
status.
(3) Individual herd or flock plan--A herd disease management
and testing plan to test a herd or flock of animals at high risk for
exposure to a disease.
(b) Order to Test Animals in a High Risk County or
Area. The Executive Director may eradicate or control any disease
or agent of transmission that affects livestock, exotic livestock,
domestic fowl, or exotic fowl, by issuing an order designating an
area or county as high risk for a disease based on sound epidemiological
principles. The order may designate standards to require testing,
movement, inspection, and treatment. The epidemiological criteria
used for designating an area or county as high risk may include the
presence of disease vectors, multiple animals in the area, and common
husbandry and animal use practices that could lead to disease exposure.
(c) The order shall contain the following elements:
(1) The epidemiological criteria for which the order
is being issued;
(2) A description of the area or county determined
to be high risk for a disease that enables a person to identify the
area or premises;
(3) If the seriousness of the disease is sufficient
to warrant prohibiting the movement of animals using a hold order,
the order must state that the movement is prohibited;
(4) Any exceptions, terms, conditions, or provisions
prescribed under this chapter must be stated in the order;
(5) The class of persons authorized by the Commission
or the Executive Director to issue certificates or permits authorizing
movement; and
(6) Any authorized movement certificate or permit must
be issued in conformity with the requirements stated in the order.
(A) The Executive Director may provide for a written
certificate or written permit authorizing the movement of animals
from locations where the animals have been restricted.
(B) The certificate or permit must be issued by a veterinarian
or other person authorized by the Commission to issue a certificate
or permit.
(d) If the order prohibits the movement of an animal
until tested negative for a disease, the Executive Director may prescribe:
(1) any exceptions;
(2) terms;
(3) conditions; or
(4) provisions that the Executive Director considers
necessary or desirable to promote the objectives of this chapter or
to minimize the economic impact of the animal without endangering
those objectives or the health and safety of other animals.
(e) Testing Procedures.
(1) All animals located or maintained in an area shall
be presented for testing or retesting at intervals stated in the herd
plan until the hold order is released.
(2) All animals to be added to the herd shall be tested
prior to commingling with the herd.
(3) All stray animals found in the area shall be presented
for testing by the caretaker of the property where located.
(4) All animals identified as positive shall be removed
in accordance with Commission requirements.
(f) Publication of Notice. The Executive Director shall
give notice of the Order:
(1) by publishing notice in a newspaper published in
the county in which the quarantine is established; or
(2) by delivering a written notice to the owner or
caretaker of the animals or places to be quarantined.
(g) Procedure to Protest the Individual Herd Test Plan.
A person may protest an initial test or a herd plan for testing their
animals for a disease due to being classified as high risk, after
consultation with the state or federal veterinarian assigned to the
testing.
(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, 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, as set out in paragraph
(1)(A) and (B) of this subsection, to not less than five days. The
herd owner must be provided with written notice of any time limits
so shortened.
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