Texas Register

TITLE 4 AGRICULTURE
PART 2TEXAS ANIMAL HEALTH COMMISSION
CHAPTER 49EQUINE
RULE §49.5Piroplasmosis: Testing, Identification of Infected Equine
ISSUE 03/08/2024
ACTION Proposed
Preamble Texas Admin Code Rule

(a)Official [Equine Piroplasmosis] Test. [ :] A complement fixation test (CFT) or competitive enzyme linked immunosorbent assay (cELISA) are the official tests for equine piroplasmosis. [A test for Equine Piroplasmosis applied and reported by a laboratory approved by the Commission. The sample must be collected by or under the direct supervision of an authorized veterinarian. A completed Equine Piroplasmosis Laboratory Test chart (Form 10-07) must be submitted with the sample, listing the description of the equine to include the following: age, breed, color, sex, animal's name, and all distinctive markings (i.e., color patterns, brands, tattoos, scars, or blemishes), and any RFID numbers applied to the equine. In the absence of any distinctive color markings or any form of visible permanent identification (brands, tattoos or scars), the equine must be identified by indicating the location of all hair whorls, vortices or cowlicks with an "X" on the illustration provided on the chart. In lieu of the manual illustration, digital photographs clearly showing the equine from the left side, right side, and full face may be incorporated in the chart. All charts must list owner's name, address, the equine's home premises and county, the name and address of the authorized individual collecting the test sample, and laboratory and individual conducting the test. The Piroplasmosis test document shall list one equine only.]

(b)Authorization to conduct test. Only a test applied and reported by a laboratory approved by the commission will be considered an official test. Only samples collected by or under the direct supervision of an authorized veterinarian accompanied by a completed Equine Piroplasmosis Laboratory Test chart (form 10-07) will be accepted for official testing.

(c)[(b)] Reactor. A reactor is any equine which discloses a positive reaction to the official test [for Piroplasmosis on a Complement Fixation (CF) or competitive Enzyme Linked Immunosorbent Assay (cELISA) applied at a laboratory approved by the Commission]. The individual collecting the test sample must notify the equine's owner of the quarantine within 48 hours after receiving the results. Movement of all piroplasmosis [ Piroplasmosis] positive equine and all equine epidemiologically determined to have been exposed to a piroplasmosis [Piroplasmosis ] positive equine will be restricted. Retests of a reactor may only be performed by a representative of the commission [ Commission].

(d)[(c)] Official identification of reactors [Identification of Reactors].

  (1)A reactor must be identified with an implanted radio frequency microchip identification device that provides unique identification for each individual equine and complies with ISO 11784/11785 and one of the following methods as determined by the commission [ Commission]:

    (A)The reactor [equine] may be identified with a [permanent mark as described herein or as approved by the Commission. If] branded [the] letter "P" [will be] applied as a hot-iron brand, freeze-marking brand, [ or a] hoof brand, or as approved by the commission. For a freeze [Freeze] or hot-iron [ Hot-Iron] brand, the "P" brand must be not less than two inches high and shall be applied to the left shoulder or left side of the neck of the reactor. For a hoof brand, the "P" brand must be applied to the front left hoof and reapplied as necessary to maintain visibility;

    (B)Using an identification device or a unique tattoo, approved by the commission [Commission], that provides unique identification for each individual equine; or

    (C)Using digital photographs sufficient to identify the individual equine.

  (2)Reactors must be identified by an authorized veterinarian or representative of the commission [Commission] within 10 [ten] days of the date the laboratory completes the test unless the equine is destroyed [equine being classified as a reactor by the Commission]. Any equine destroyed prior to identification must be described in a written statement by the authorized veterinarian or other authorized personnel certifying to the destruction. [The description must be sufficient to identify the individual equine including, but not limited to, name, age, breed, color, gender, distinctive markings, and unique and permanent forms of identification when present (e.g., brands, tattoos, scars, cowlicks, blemishes or biometric measurements).] This certification must be submitted to the commission [Commission] within 10 [ten] days of the date the equine is destroyed.

(d)Any equine [Equine] entering a racetrack facility, with the exception of thoroughbreds, must have a negative piroplasmosis [Piroplasmosis] test [(Theileria equi)] within the past 12 months. A racetrack facility is grounds used to conduct live horse racing events and is not limited to facilities licensed by the Texas Racing Commission.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 26, 2024

TRD-202400826

Jeanine Coggeshall

General Counsel

Texas Animal Health Commission

Earliest possible date of adoption: April 7, 2024

For further information, please call: (512) 839-0511



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