The Texas Animal Health Commission (Commission) adopts the amendments to Chapter 54, which is entitled "Domestic and Exotic Fowl Registration", §54.1, Definitions, and new §54.9, concerning Live Bird Marketing System, without changes to the proposed text as published in the November 28, 2008, issue of the Texas Register (33 TexReg 9622) and will not be republished.

The Fowl Registration Program was created to register domestic and exotic fowl sellers, distributors, or transporters who do not participate in disease surveillance programs recognized by the Commission. The primary purpose of the program is to ensure that the various type of fowl being sold or transported throughout this state do not pose a disease risk which could devastate the various Texas fowl industries. Texas has experienced problems with two devastating diseases in poultry--exotic newcastle disease (END) and avian influenza (AI). Both diseases are considered "foreign animal diseases," which means they are not native to the United States. END is a high-pathogenic disease, meaning it is more likely to spread, while AI has both low-pathogenic and high-pathogenic strains. When an outbreak of a high-pathogenic disease occurs, international trade agreements ban the affected areas from international trade until they get a clean bill of health. These diseases can be carried by the various types of fowl, some of which are not clinically affected by the disease.

The rules are being amended to put in place requirements focused on live bird markets and their production systems and distributors. A live bird market (LBM) is any facility that gathers live domestic fowl to be slaughtered and/or sold onsite. They receive a continual supply of domestic fowl which are slaughtered for food purposes for people who want to obtain their food in that manner. The state of Texas has a number of these type markets and they are generally located in proximity to large urban areas. However, these types of markets are a known disease risk for fowl related diseases with particular concern for avian influenza (AI). To address the persistence of low pathogenicity avian influenza (LPAI) associated with the live bird marketing system, the United States Department of Agriculture's (USDA) Animal and Plant Health Inspection Service (APHIS) has instituted a cooperative program with States and industry to prevent and control the disease not only in the markets themselves, but also among production premises and poultry distributors that supply those markets. Although birds affected with LPAI often show few or no clinical signs, the disease is highly contagious and its H5 and H7 subtypes have the potential to mutate into high pathogenicity avian influenza (HPAI). HPAI results in high mortality rates for poultry, may affect humans, and causes trading partners to implement immediate trade restrictions. In other countries, cases of human infection have been linked to HPAI. The program is focused on the live bird marketing system in order to control and prevent AI as well as improve biosecurity, sanitation, and disease control at participating operations. The states are responsible for enforcing LPAI program standards but should LPAI be detected, Federal indemnification can then be made available to participating facilities that follow all program directives.

This program will apply to all participants in the LBM system, including the suppliers, dealers, haulers, auction markets, wholesalers, and live bird markets and will greatly assist the state to diagnose, control, and prevent High Path Avian Influenza and particularly H5 and H7 HPAI which is devastating to fowl and in other countries has infected people. Also, this program is intended to help participants to improve biosecurity, sanitation, and disease control in their operations as well as minimize the effects of LPAI on the U.S. commercial poultry industry.

In order for a State to join the LPAI program, all of its live bird markets, as well as producers and distributors that supply those markets, must be registered with the State and allow Federal and State inspectors access to their facilities, birds, and records. These facilities must also have written biosecurity protocols in place. These goals are achieved through regular monitoring and surveillance of all facilities in participating States. Training is a key component of the program and ensures that employees at all participating facilities understand what biosecurity protocols are and why they are important for preventing the spread of disease and for protecting animal health in this state.

Live Bird Market Requirements: This registration program contains the following elements: A live bird market will ensure that all birds are purchased from flocks that have been tested for LPAI at least quarterly; live bird market personnel will receive biosecurity training, and training records must be available to state and federal animal health official and be maintained in their personnel files; markets are responsible for verifying bird identification and obtaining documentation of negative AI test results for all birds at the time of their receipt and if records are not available, the birds cannot enter the market; and records for avian species, which include their date of entry and premise of origin identification number, must be retained for at least two years. Live bird markets that test positive for any fowl disease reportable to the Commission will undergo mandatory closure, be required to depopulate and undergo cleaning and disinfection of the facility. Before a live bird market can reopen for business, the facility must pass inspection by a State or Federal animal health official and be retested.

All birds provided to a distributor or directly to a live bird market from a production premise must originate from an AI-negative flock. Production facilities and equipment must be clean and sanitary at all times. Categories of production premises and the testing requirements for each category are as follows:

1. LPAI-monitored flocks: Flocks are tested monthly for the virus for at least 3 months before receiving status. Status may be continued so long as the flock is tested negative on a monthly basis.

2. Established flocks: Flocks that have been maintained together for at least 21 days prior to sample collection with no additions to the flock. To qualify for the first shipment or to requalify after any breaks in the monthly sample-testing regimen, 30 birds must be tested within 10 days prior to movement.

3. Commingled flocks: Groups of poultry from multiple sources that have been assembled for one or more shipments. When untested birds are added to the flock, previous test reports are void and the flock must requalify as an established flock. This requires that the birds are tested not less than 21 days after commingling and not more than 10 days prior to movement.

4. Nonmonitored flocks: Those which have not been on a program of monthly testing for at least 3 months. To qualify for sale in the live bird market system, 30 birds in the flock must be tested within 10 days prior to movement.

Birds from production premises may not be sold directly to live bird markets unless the flock owner or manager is also registered as a distributor. In addition to testing regimens, production premises may be subjected to random inspections and testing by State and Federal animal health officials to ensure that their property, conveyances, and coops are clean and sanitary and that records are being kept in accord with program requirements. Flock test records, as well as records of bird transfers, must be maintained for not less than two years. Birds loaded for transportation to a distributor must be identified by premises of origin and must contain an appropriate date or lot number that will distinguish the shipment from others.

This adoption will enhance poultry disease prevention, control and response by requiring that the live bird market system, including transporters and distributors of fowl, register and participate in a disease surveillance program intended to minimize the impact of diseases.

Chapter 54 contains the following:

Section 54.1 is entitled "Definitions" and provides definitions for terms utilized in this chapter. This proposal adds definitions for "Live Bird Marketing Distributor", "Live Bird Market" (LBM), "Live Bird Production Unit" (LBPU), "Live Bird Marketing System" and a "Premises Identification Number" (PIN).

Section 54.9 is entitled "Live Bird Marketing System" and provides the mechanisms to obtain compliance for violations of this chapter. There is subsection (a) which contains registration requirements for Live Bird Markets, Live Bird Production Units, and Live Bird Market Distributors. There is subsection (b) which contains record keeping requirements for: Live Bird Markets, Live Bird Production Units, and Live Bird Market Distributors. There is subsection (c) which contains biosecurity requirements for Live Bird Markets, Live Bird Production Units, and Live Bird Market Distributors. There is subsection (d) which contains inspection requirements. There is subsection (e) which contains Avian Influenza Test Requirements. There is subsection (f) which contains requirements for any LBMS where fowl are positive for a disease reportable to the Commission under Chapter 45 of this title.

No comments received regarding adoption of the rules.

Chapter 54 is adopted under the following statutory authority as found in Chapter 161 of the Texas Agriculture Code. H.B. 2328 adds to Chapter 161, §161.0411 which authorizes the Commission to register domestic and exotic fowl sellers, distributors, or transporters who do not participate in disease surveillance programs recognized by the Commission. The Commission is vested by statute, §161.041(a), with the requirement to protect all livestock, domestic animals, and domestic fowl from disease. The Commission is authorized, by §161.041(b), to act to eradicate or control any disease or agent of transmission for any disease that affects livestock. If the Commission determines that a disease listed in §161.041 of this code or an agent of transmission of one of those diseases exists in a place in this state among livestock, or that livestock are exposed to one of those diseases or an agent of transmission of one of those diseases, the Commission shall establish a quarantine on the affected animals or on the affected place. That is found in §161.061.

As a control measure, the Commission by rule may regulate the movement of animals. The commission may restrict the intrastate movement of animals even though the movement of the animals is unrestricted in interstate or international commerce. The Commission may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved. That is found in §161.054. Furthermore the Commission may inspect the shipments of animals or animal products being transported in this state. That authority is found in §161.048. A person is presumed to control the animal if the person is the owner or lessee of the pen, pasture, or other place in which the animal is located and has control of that place; or exercises care or control over the animal. That is under §161.002.

Section 161.007 provides that if a veterinarian employed by the Commission determines that a communicable disease exists among livestock, domestic animals, or domestic fowl or on certain premises or that livestock, domestic animals, or domestic fowl have been exposed to the agency of transmission of a communicable disease, the exposure or infection is considered to continue until the Commission determines that the exposure or infection has been eradicated through methods prescribed by rule of the Commission. Section 161.005 provides that the Commission may authorize the executive director or another employee to sign written instruments on behalf of the Commission. A written instrument, including a quarantine or written notice, signed under that authority has the same force and effect as if signed by the entire Commission.

Section 161.043, entitled "Regulation of Exhibitions", provides that the Commission may regulate the entry of livestock, domestic animals, and domestic fowl into exhibitions, shows, and fairs and may require treatment or certification of those animals as reasonably necessary to protect against communicable diseases. Section 161.049, entitled "Dealer Records", provides the Commission may require a livestock, exotic livestock, domestic fowl, or exotic fowl dealer to maintain records of all livestock, exotic livestock, domestic fowl, or exotic fowl bought and sold by the dealer. Section 161.056, entitled "Identification of Exotic Animals", provides the commission may adopt rules to establish a standard method for identifying and tracking exotic livestock and exotic fowl. Section 161.081, entitled "Importation of Animals", provides the Commission by rule may regulate the movement, including movement by a railroad company or other common carrier, of livestock, exotic livestock, domestic animals, domestic fowl, or exotic fowl into this state from another state, territory, or country as well as the commission by rule may provide the method for inspecting and testing animals before and after entry into this state. The Commission by rule may provide for the issuance and form of health certificates and entry permits. The rules may include standards for determining which veterinarians of this state, other states, and departments of the federal government are authorized to issue the certificates or permits. Section 161.148, entitled "administrative penalty", provides that the Commission may impose an administrative penalty against a person who violates a rule or order adopted under this chapter.