Section 43.1 - DefinitionsThe following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Accredited Veterinarian--A veterinarian jointly approved by the Executive Director of the Commission and the Administrator of APHIS, to perform functions required by cooperative State-Federal animal disease control and eradication programs.(2) Adjacent herds--A herd of livestock or exotic livestock that occupies a premises that lies within one mile of "an affected herd."(3) Affected herd--A herd of livestock or exotic livestock in which there is strong and substantial evidence that Mycobacterium bovis exists. This evidence should include, but is not limited to, any of the following: histopathology, polymerase chain reaction (PCR) assay, bacterial isolation or detection, testing data, or epidemiologic evidence such as contact with known sources of infection.(4) Approved feedyard/approved pens--A confined area, either the entire feedyard or designated pens within the feedyard, jointly approved by the Executive Director of the Commission and the Administrator of APHIS for feeding of restricted livestock and exotic livestock. Biosecurity standards, to include requirements for geographic separation, shall be enforced to prevent potential spread of diseases to other livestock on the premises and adjacent premises. Procedures for accountability of inventory, animal identification, and movement control shall be enforced to ensure that restricted livestock and exotic livestock remain within approved facilities until verification of slaughter.(5) Approved livestock facility--A stockyard, livestock market, buying station, concentration point, or any other premises under State or Federal veterinary supervision where livestock are assembled and that has been approved under Title 9, Code of Federal Regulations (9 CFR), Section 71.20.(6) Approved slaughtering establishment--A slaughtering establishment operating under the provisions of the Federal Meat Inspection Act (RSA 601 et seq.), or a State-inspected slaughtering establishment that has inspection by a State inspector at the time of slaughter.(7) Bovine Tuberculosis Eradication--Uniform Methods and Rules (UM&R)--The minimum standards adopted and approved by the Deputy Administrator, Veterinary Services, Animal and Plant Health Inspection, for the maintenance of tuberculosis-free accredited herds of cattle and bison, and the maintenance of State or zone status in the U.S. Department of Agriculture's (USDA) tuberculosis eradication program.(8) Certificate--An official document for movement of livestock, including a certificate of veterinary inspection, or other approved document, issued by an accredited veterinarian, state or federal animal health official or other approved official at the point of origin for the shipment of animals. The document shall include the official identification, age, breed, and sex of each animal to be moved; the purpose for which the animals are to be moved; the date and place of issuance; the points of origin and destination; the consignor and consignee; and the results of all tests required for movement.(9) Commuter herd--A herd that has been recognized and approved by the state animal health officials and the AVIC in both the state of origin and the state of destination for movement of animals interstate or interzone, without change of ownership, during the course of normal production operations(10) Dealer--All persons engaged in the business of buying or selling livestock in commerce either on their own account or as the employees or agents of the vendor, purchaser, or both, or all persons engaged in the business of buying or selling livestock in commerce on a commission basis. The term shall not include persons who: (A) buy or sell livestock as part of their own bona fide breeding, feeding, or dairy or beef operations;(B) are not engaged in the business of buying, selling, trading, or negotiating the transfer of livestock; or(C) receive livestock exclusively for immediate slaughter on their own premises.(11) Designated Accredited Veterinarian--An Accredited Veterinarian trained and approved to conduct specific tuberculosis tests and/or other tuberculosis program activities as determined by the commission.(12) Designated Tuberculosis Epidemiologist (DTE)--A State or Federal epidemiologist designated in each State to make decisions concerning the use and interpretation of diagnostic tests for tuberculosis and to manage the tuberculosis program. The DTE must be selected jointly by the cooperating Chief State Animal Health Official, the AVIC, and the Regional Tuberculosis Epidemiologist. The National Center for Animal Health Programs Eradication and Surveillance Team Staff of VS must concur with the appointment. The DTE has the responsibility to determine the scope of epidemiologic investigations, determine the status of herds, assist in development of individual herd plans, and coordinate disease surveillance and eradication programs within his or her geographic area of responsibility. The DTE has authority to make independent decisions concerning the use and interpretation of diagnostic tests and the management of herds when those decisions are supported by sound disease eradication principles.(13) Direct shipment to slaughter--The shipment of livestock from a premises, without unloading, directly to a slaughter establishment under State or Federal inspection and without diversion to assembly points, such as auctions, dealers, commission firm premises, public stockyards, or feedlots.(14) Executive Director--The Executive Director of the Texas Animal Health Commission or his designee.(15) Exotic Livestock--Grass-eating or plant-eating, single-hoofed or cloven-hoofed mammals that are not indigenous to this state and are known as ungulates, including animals from the swine, horse, tapir, camel, llama, rhinoceros, elephant, deer, and antelope families.(16) Exposed animals--Any livestock or exotic livestock that have been exposed to bovine tuberculosis by reason of associating with other livestock or exotic livestock in which M. bovis has been diagnosed.(17) Feedyard--A confined dry lot area for feeding of animals on concentrated feed. All animals in a feedyard are considered a "herd" for purposes of these regulations.(18) Geographic separation--A minimum of 30 feet of separation, between groups of animals for which there are no common or shared handling facilities or equipment, watering or feeding facilities, or feed vehicles that enter the pens, pastures, or premises, of herds of different status.(19) Herd-- (A) All livestock under common ownership or supervision that are grouped on one or more parts of any single premises, feedlot, farm, or ranch; or(B) All livestock under common ownership or supervision on two or more premises that are geographically separated, but in which the animals have been interchanged or had contact with animals from different premises. It will be assumed that contact between units or groups of animals on the different premises has occurred unless the owner establishes otherwise and the results of the epidemiologic investigation are consistent with the lack of contact between premises; or(C) All livestock on common premises, such as community pastures or grazing association units, but owned by different persons. Other groups of animals owned or co-owned by the persons involved that are located on other premises are considered to be part of a herd unless the epidemiologic investigation establishes that animals from an affected herd have not had the opportunity for direct or indirect contact with animals from that specific premises.(20) Herd test--An official tuberculosis test of all test eligible livestock and exotic livestock in a herd.(21) High risk herd--A herd that is epidemiologically determined by a state-federal veterinarian to have a high probability of having or developing tuberculosis. A high risk herd need not be located on the same premises as an infected or adjacent herd.(22) Hold Order--A written commission document restricting movement of a herd, unit, or individual animal pending the determination of disease status.(23) Individual herd plan--A written disease management plan that is developed by the herd owner(s) and/or their representative(s), and/or the owner's veterinarian and a State or Federal veterinarian to eradicate tuberculosis from an affected herd while reducing animal and human exposure to the disease. The herd plan will include appropriate herd test frequencies, tests to be employed, and any additional disease management or herd management practices deemed necessary to eradicate tuberculosis from the herd in an efficient and effective manner. The plan must be approved by the Executive Director of the Commission and AVIC, and have the concurrence of the DTE or Regional Tuberculosis Epidemiologist.(24) Movement Restrictions--A "Hold Order," "Quarantine," or other written document issued or ordered by the Commission to restrict the movement of livestock or exotic livestock.(25) No gross lesion (NGL)--Any animal that has no visible lesion(s) of bovine tuberculosis detected upon necropsy or slaughter inspection.(26) Official identification device--An identification device approved by the Commission and/or by the APHIS Administrator that provides unique identification for each individual animal.(27) Official identification/officially identified--The identification of livestock by means of an official identification device, official eartag, registration tattoo, or registration brand, or any other method approved by the Commission and/or Administrator of APHIS, that provides unique identification for each animal.(28) Official tuberculosis test--A test for bovine tuberculosis, approved by the Commission and APHIS, applied and reported by designated personnel in accordance with the UM&R and these rules. The official tuberculosis tests for cattle and bison are the: (A) Caudal fold tuberculin (CFT) test(B) Comparative cervical tuberculin (CCT) test(C) Cervical tuberculin (CT) test(D) Bovine interferon gamma assay (cattle only)(29) Quarantine--A written commission document restricting movement of animals because of the existence of or exposure to tuberculosis. The commission may establish a quarantine on the affected animals or on the affected place. The quarantine of an affected place may extend to any affected area, including a county, district, pasture, lot, ranch, farm, field, range, thoroughfare, building, stable, or stockyard pen. The commission may establish a quarantine to prohibit or regulate the movement of any article or animal that the commission designates to be a carrier of tuberculosis and/or an animal into an affected area, including a county district, pasture, lot, ranch, farm, field, range, thoroughfare, building, stable, or stockyard pen.(30) Permit--An official document issued by a VS representative, a State representative, an Accredited Veterinarian, a designated Accredited Veterinarian or other designated person that is required to accompany any reactor, suspect, exposed livestock, or animals of unknown status to an approved destination, or to slaughter.(31) Premises identification number--A Commission and/or APHIS-approved method of identification that includes the assignment of a unique number or alpha-numeric number to a premises by State or Federal animal health officials.(32) Reactor--Any livestock or exotic livestock that shows a response to an official tuberculosis test and is classified a reactor by the testing veterinarian or DTE in accordance with the policy established by the cooperating State and Federal animal health officials and the test classification requirements defined in the UM&R, or any suspect animal that is classified a reactor by the DTE upon slaughter inspection or necropsy, histopathological examination, PCR assay, and/or culture of selected tissues collected by the Federal or State veterinarian performing or supervising the slaughter inspection or necropsy.(33) Responder--Any livestock or exotic livestock that has a visible or palpable response at the site of a tuberculin test injection.(34) Suspect--Any livestock or exotic livestock that show a response to a presumptive diagnostic test (CFT test in cattle and bison, SCT test in exotic bovidae and cervidae) and are not classified as reactor; or that have been classified as suspect by CCT test; the bovine interferon gamma assay; or any other official test for tuberculosis.4 Tex. Admin. Code § 43.1
The provisions of this §43.1 adopted to be effective January 1, 2006, 30 TexReg 8676