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161.041. Disease Control
(a) The commission shall protect all livestock, domestic animals, and domestic fowl from
the following:
(1) tuberculosis;
(2) anthrax;
(3) glanders;
(4) infectious abortion;
(5) hemorrhagic septicemia;
(6) hog cholera;
(7) Malta fever;
(8) foot-and-mouth disease;
(9) rabies among animals other than canines;
(10) bacillary white diarrhea among fowl;
(11) equine infectious anemia; and
(12) other diseases recognized as communicable by the veterinary profession.
(b) The commission may act to eradicate or control any disease or agent of transmission for any disease that affects livestock, exotic livestock, domestic animals, domestic fowl, exotic fowl, or canines regardless of whether the disease is communicable. The commission may adopt any rules necessary to carry out the purposes of this subsection, including rules concerning testing, movement, inspection, and treatment.
(c) A person commits an offense if the person knowingly fails to handle, in accordance with rules adopted by the commission, an animal infected with a disease listed in Subsection (a) of this section.
(d) A person commits an offense if the person knowingly fails to identify or refuses to permit an agent of the commission to identify, in accordance with rules adopted by the commission, an animal infected with a disease listed in Subsection (a) of this section.
(e) An offense under Subsection (c) or (d) of this section is a Class C misdemeanor unless it is shown on the trial of the offense that the defendant has been previously convicted under this section, in which event the offense is a Class B misdemeanor.
49.1. Equine Infectious Anemia (EIA): Identification and Handling
of Infected Equine
(a) Official Test. The agar gel immunodiffusion (AGID) test, also known as the Coggins
test, the Competitive Enzyme-Linked Immunosorbent Assay (CELISA) test, and other
USDA-licensed tests approved by the commission, are the official tests for equine
infectious anemia (EIA) in horses, asses, mules, ponies, zebras and any other equine in
Texas.
(b) Authorization to conduct test. Only United States Department of Agriculture
(USDA)-approved laboratories, including USDA approved off-site laboratories, are allowed
to run the AGID and CELISA or other USDA licensed tests and all tests will be official.
Only test samples from accredited veterinarians or other TAHC authorized personnel
accompanied by a completed VS Form 10-11 can be accepted for official testing.
(c) Official Identification of Equine Tested for EIA. All official blood tests must be
accompanied by a completed VS Form 10-11 (Equine Infectious Anemia Laboratory Test)
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). In the absence of any distinctive color markings or any form of visible
permanent identification (brands, tattoos or scars), the animal must be identified by
indicating the location of all hair whorls, vortices or cowlicks with an "X" on
the illustration provided on the VS Form 10-11. It must list owner's name, address, the
animal's home premise and county, the name and address of the authorized individual
collecting the test sample, and laboratory and individual conducting the test. The EIA
test document shall list one horse only.
(d) Reactor. A reactor is any equine which discloses a positive reaction to the official
test. The individual collecting the test sample must notify the animal's owner of the
quarantine within 48 hours after receiving the results.
(e) Retest of reactors. Equine which have been disclosed as reactors may be retested prior
to branding provided:
(1) owners or their agents initiate a request to the TAHC Area Director of the area where
the horse is located;
(2) retests are conducted within 30 days after the date of the original test;
(3) blood samples for retests are collected by the person who collected the sample for the
first test or by TAHC personnel, and the blood samples are submitted to the Texas
Veterinary Medical Diagnostic Laboratory (TVMDL) for testing;
(4) the individual collecting the retest sample is provided documentation that the animal
being retested is the same as the one shown positive on the initial test and can verify
the retested equine as being the same as shown on the original test document; and
(5) the positive animal is held under quarantine along with all other equine on the
premise.
(f) Official identification of reactors. A reactor to the official test must be
permanently identified using the National Uniform Tag Code number assigned by the USDA to
the state in which the reactor was tested followed by the letter "A" (the code
for Texas is 74A). The reactor identification must be permanently applied by a
representative of the Texas Animal Health Commission who must use for the purpose of
identification, a hot-iron brand or freeze- marking brand. The 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. Reactors must be branded within ten days of the date the laboratory completes the
test unless the equine is destroyed. Any equine destroyed prior to branding must be
described in a written statement by the accredited veterinarian or other authorized
personnel certifying to the destruction. This certification must be submitted to the Texas
Animal Health Commission promptly.
(g) Quarantine. Any equine animal found to be a reactor to the official test will be
quarantined by a representative of the Texas Animal Health Commission to the premises of
its home, farm, ranch or stable until natural death, disposition by euthanasia, slaughter,
or disposition to a Texas Animal Health Commission approved, diagnostic or research
facility. The quarantine shall restrict the infected equine, all other equine on the
premise, and all equine epidemiologically determined to have been exposed to an
EIA-positive animal to isolation at least 200 yards away from equine on adjacent premises.
(h) Movement of Reactors and Exposed Equine.
(1) Reactor equine. Following official identification, a reactor must be accompanied by a
VS Form 1-27 permit issued by an accredited veterinarian or other authorized state or
federal personnel when moved from its home premises either:
(A) Directly to a slaughter plant, slaughter-only market, or slaughter-only buying
facility; or
(B) Directly to an approved diagnostic or research facility; or
(C) Directly to a livestock market to be sold for slaughter, provided that within 24 hours
prior to entry, the equine is inspected by a TAHC veterinarian or a Texas USDA-accredited
veterinarian to ensure the equine displays no clinical signs of EIA and has a normal
temperature. The auction market must isolate the positive equine from other equine, pen
the positive equine under a roof, and hold the positive equine on the premise for no
longer than 24 hours.
(2) Exposed equine. Exposed equine must be identified with an "S" brand placed
on the left shoulder or left side of the neck, and be accompanied by a VS Form 1-27 permit
issued by an accredited veterinarian or other authorized state or federal personnel when
moved either:
(A) Directly to a livestock market for sale directly to slaughter provided the exposed
equine is quarantined at the market in isolation from other horses; or
(B) Directly to a slaughter plant, slaughter-only market, or slaughter-only buying
facility; or
(C) Directly to an approved diagnostic or research facility.
(i) Requirements for testing equine on quarantined premises. All equine determined to have
been on the same premise with an EIA-positive horse at the time the positive horse was
bled shall be tested by an accredited veterinarian at owner's expense or by Commission
personnel. Nursing foals are exempt from testing.
(j) Requirements for Testing Exposed Equine and High Risk Herds.
(1) Exposed equine. All equine epidemiologically determined to have been exposed to an
EIA-positive animal shall be quarantined and tested by an
Accredited Veterinarian at owner's expense or by Commission personnel. Nursing foals are
exempt from testing.
(2) Whole herd testing. All equine except nursing foals that are part of a herd from which
a reactor has been classified shall be tested by an Accredited Veterinarian at owner's
expense or by Commission personnel. A herd is:
(A) All equine under common ownership or supervision that are on one premise; or
(B) All equine under common ownership or supervision on two or more premises that are
geographically separated, but on which the equine have been interchanged or where there
has been contact among the equine on the different premises. Contact between equine on the
different premises will be assumed unless the owner establishes otherwise and the results
of the epidemiologic investigation are consistent with the lack of contact between
premises; or
(C) All equine on common premises, such as community pastures or grazing association
units, but owned by different persons. Other equine owned by the persons involved which
are located on other premises are considered to be part of this herd unless the
epidemiologic investigation establishes that equine from the affected herd have not had
the opportunity for direct or indirect contact with equine from that specific premise.
(3) High Risk Testing. Herds determined to be at high risk shall be tested by an
accredited veterinarian at owner's expense or by commission personnel. High risk herds are
those epidemiologically judged by a State-Federal veterinarian to have a high probability
of having or developing equine infectious anemia. A high risk herd need not be located on
the same premise as an infected or adjacent herd.
(k) Release of EIA quarantine. The EIA quarantine may be released by the Texas Animal
Health Commission after all quarantined equine test negative at least 60 days following
identification and removal of the last EIA-positive equine as set out in subsections (f)
and (h) of this section. Epidemiological data may be considered in the release of the
quarantine.
(l) Requirements for Change of Ownership. A negative EIA test within the previous 12
months is required for all equine, except zebras, which are eight months of age or older,
changing ownership in Texas, except, if the animal is:
(1) sold to slaughter, to be tested at the slaughter facility at Commission expense; or
(2) a nursing foal that is transferred with its dam and the dam has tested negative for
equine infectious anemia during the 12 months preceding the date of the transfer.
(m) Any equine sold to slaughter must be accompanied by a VS Form 1-27 permit issued by an
accredited veterinarian or other authorized state or federal personnel when moved to a
slaughter plant, slaughter-only market, or slaughter- only buying facility.
(n) Equine animals stabled, boarded or pastured within 200 yards of
equine belonging to another person shall be considered to be a congregation
point. All equine must have a negative EIA test within the last twelve months.
49.2. Interstate Movement Requirements
(a) Equine infectious anemia (EIA) requirements. All horses, mules, asses, ponies, zebras
and any other equidae must have been tested and found to be negative to an official test
for EIA within 12 months prior to entering Texas. The negative test results together with
the date of the test and name of the laboratory conducting the test must be shown on the
certificate of veterinary inspection. Alternatively, a completed VS Form 10-11 (Equine
Infectious Anemia Laboratory Test) may be attached to the Certificate of Veterinary
Inspection in place of copying information on the Certificate of Veterinary Inspection.
Only test results from USDA-approved laboratories are acceptable. Exceptions to these
requirements are:
(1) equidae consigned directly to an approved slaughtering establishment accompanied by a
prior permit issued by the Texas Animal Health Commission;
(2) equidae that have been "S" branded and consigned directly to an approved
slaughter establishment accompanied by a VS 1-27 permit;
(3) equidae may enter Texas when consigned directly to a veterinary hospital or clinic for
treatment or for usual veterinary procedures when accompanied by a prior permit issued by
the Texas Animal Health Commission. Following release by the veterinarian, equidae must be
returned immediately to the state of origin by the most direct route.
(4) equidae may enter Texas for shows, fairs, exhibitions or assembly purposes when
accompanied by a valid equine interstate passport or equine identification card and a
completed VS form 10-11 showing negative results to an official EIA test within the
previous six months.
(b) Fever tick requirements. Equidae originating in a fever tick infected area must be
accompanied by a certificate issued by an authorized state or federal inspector showing
them free of fever tick infestation or exposure thereto and dipped in a recognized dipping
solution. Dipping must be under the supervision of a state or federal inspector
immediately prior to shipment, and the equidae must be transported in clean and
disinfected trucks, railroad cars, or other vehicles.
319.110. Health Certificate
To be admitted onto an association's grounds, a horse must have:
(1) a current negative test for equine infectious anemia conducted in accordance with rules of the Texas Animal Health Commission; and
(2) a health certificate issued in the 45-day period preceding the horse's arrival.
Amended in 2000.
Section 49.1(n), requiring 12 month testing of any horse within 200 yards of
another's horse, became effective April 1, 2002.
Reviewed by AAHS in October 2001.
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