SECTION 35.1. Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Adjacent herds--A herd of cattle or bison that occupies a premise that lies within one mile of a "herd known to be affected."

(2) Affected herd--Any herd in which any cattle have been classified as a reactor or suspect and which has not completed the requirements of the individual herd plan.

(3) Approved brucella vaccine--A product that is produced under license of the USDA and used in accordance with the current guidelines of USDA for its use in cattle to enhance their resistance to brucellosis.

(4) Approved personnel--Texas Animal Health Commission inspectors and veterinarians; Federal Animal Health technicians and veterinarians; accredited Texas veterinarians; and others who have been approved to do those assigned duties as described in these regulations for brucellosis control and eradication.

(5) Auction--A public sale of cattle.

(6) Auctioneer--A person who sells or makes a business of selling cattle at auction.

(7) Brucellosis (Bang's Disease contagious abortion)--For purposes of this regulation, brucellosis is a contagious, infectious disease of cattle, sheep, goats, horses, and swine caused by bacteria of the genus brucella.

(8) Cattle--All dairy and beef animals (genus Bos) and bison (genus Bison).

(9) Class "Free" area--An area of two or more contiguous counties which has remained free from field strain brucella abortus infection for 12 months or longer. A 12 months adjusted MCI reactor prevalence rate not to exceed one reactor per 2,000 cattle tested (0.050%) must be maintained.

(10) Class "A" area--An area of two or more contiguous counties which has an accumulated 12 months herd infection rate due to field strain brucella abortus that does not exceed 0.25% or 2.5 herds per 1,000 and must maintain a 12 months adjusted MCI reactor prevalence rate not to exceed one reactor per 1,000 cattle tested (0.100%).

(11) Class "B" area--An area of two or more contiguous counties which has an accumulated 12 months herd infection rate due to field strain brucella abortus that does not exceed 1.5% or 15 herds per 1,000. A 12 months adjusted MCI reactor prevalence rate not to exceed three reactors per 1,000 cattle tested (0.30%) must be maintained.

(12) Commission--The Texas Animal Health Commission.

(13) Commission firm--A person, partnership, other legal entity, or corporation which buys and sells cattle as a third party and who reports to the seller and to the buyer details of the transactions. This includes any such person or group whether or not a fee is charged for the service.

(14) Commuter herd--A herd of cattle located in two or more states that is documented as a valid ranching operation by those states in which the herd is located and which requires movement of cattle interstate from a farm of origin or returned interstate to a farm of origin in the course of normal ranching operations, without change of ownership, directly to or from another premise owned, leased, or rented by the same individual. An application for "commuter herd" status must be signed by the owner and approved by the states in which the herd is located. This status will continue until canceled by the owner or one of the signatory states.

(15) Dealer--

(A) Any person engaged in the business of buying or selling cattle in commerce on his own account, as an employee or agent of the vendor, the purchaser, or both, or on a commission basis.

(B) The term shall not include a person who buys or sells cattle as part of his own bona fide breeding, feeding, dairy, or stocker operations but does include livestock markets and commission merchants.

(16) Designated Pens--A set of pens in a feedlot under a plan of restricted movement, approved jointly by Animal and Plant Health Inspection Service, Veterinary Services, and the Commission in which all cattle are classified as exposed to brucellosis. The pens may be pre-approved, but the approval period will begin with initial arrival of the exposed cattle. The Designation will be automatically renewed every 12 months if requirements specified in these regulations and the approved agreement continue to be met by the feedlot. The status will continue until:

(A) the feedlot requests deactivation; or

(B) the Commission determines the status should be eliminated because of the feedlot's failure to comply with the Designation Agreement or these regulations; or

(C) changes in Federal or State law or regulations require elimination of or change in the status.

(17) Epidemiologist--A veterinarian who has received a degree in epidemiology and is employed by the commission or USDA, APHIS, VS.

(18) Executive director--The chief executive officer of the Texas Animal Health Commission appointed by the commissioners and authorized to act for the commissioners in the absence of the chairman.

(19) Exempt Cattle (from testing requirements)--Cattle that have been physically rendered sterile for breeding.

(20) Exposed cattle--Cattle that are part of an affected herd or cattle that have been in contact with reactors in marketing channels for periods of 24 hours; and periods of less than 24 hours if the reactor has recently aborted, calved, or has a vaginal or uterine discharge. These cattle shall be classified as exposed regardless of any blood test results.

(21) Feedlot--A confined drylot area for finish feeding of cattle on concentrated feed with no facilities for pasturing or grazing. All cattle in a feedlot are considered a "herd" for purposes of these regulations.

(22) Herd--

(A) All cattle under common ownership or supervision or cattle owned by a spouse that are on one premise; or

(B) All cattle under common ownership or supervision or cattle owned by a spouse on two or more premises that are geographically separated, but on which the cattle have been interchanged or where there has been contact among the cattle on the different premises. Contact between cattle on the different premises will be assumed unless the owner establishes otherwise and the results of the epidemiological investigation are consistent with the lack of contact between premises; or

(C) All cattle on common premises, such as community pastures or grazing association units, but owned by different persons. Other cattle owned by the persons involved which are located on other premises are considered to be part of this herd unless the epidemiological investigation establishes that cattle from the affected herd have not had the opportunity for direct or indirect contact with cattle from that specific premises. Quarantined feedlots and quarantined pastures are not considered to be herds.

(23) High risk herd--A herd that is epidemiologically judged by a state-federal veterinarian to have a high probability of having or developing brucellosis. A high risk herd need not be located on the same premise as an infected or adjacent herd.

(24) Hold Order--A document restricting movement of a herd, unit, or individual animal pending the determination of disease status.

(25) Individual herd plan--A herd disease management and testing plan to prevent, control, and eliminate brucellosis in a herd of cattle.

(26) Market cattle identification--The process of individually identifying cattle on change of ownership by backtag or eartag issued by USDA showing their herd of origin.

(27) Official backtag--A United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Veterinary Services (VS) approved identification backtag that conforms to the national uniform tagging system. It uniquely identifies each individual animal with alpha-numeric identification. The official backtag may not be reused on another animal.

(28) Official eartag--A Veterinary Services approved identification eartag (metal, plastic, or other) that conforms to the nine-character alpha-numeric National Uniform Eartagging System. It uniquely identifies each individual animal with no duplication of the alpha-numeric identification, regardless of the materials or colors used. The term includes the special orange-colored eartag series used to identify calfhood vaccinates. The official eartag may not be removed from the animal.

(29) Official Vaccinate--

(A) Calfhood Vaccinate: Female cattle (dairy and beef) vaccinated between four and 12 months of age with an approved Brucella vaccine.

(B) Adult Vaccinate: Female cattle that have been blood tested negative within ten days prior to vaccination and vaccinated at an age over the ages given in subparagraph (A) of this paragraph with an approved dose of Brucella vaccine as part of a whole herd vaccination plan.

(30) Parturient--Visibly prepared to give birth or within two weeks of giving birth.

(31) Permit--A document adopted by the commission with specified conditions relative to movement, testing and vaccinating of cattle which is required to accompany the cattle entering, leaving or moving within the State of Texas.

(A) "E" permit--Premovement authorization for entry of cattle into the state by the Texas Animal Health Commission. The "E" permit states the conditions under which movement may be made, and restrictions and test requirements after arrival.

(B) "S" permit--A premovement authorization for exposed, suspect or nontested cattle in marketing channels having restricted destination.

(C) "B" permit (VS Form 1-27)--A premovement authorization for movement of reactor cattle in marketing channels moving to slaughter.

(32) Postparturient--Having already given birth.

(33) Premise--An area defined by the outermost boundary of land under common ownership or control enclosed by a perimeter fence or other boundary. A premise may consist of more than one pasture.

(34) Priority Herd--Exposed herd from which a reactor has been classified, infected herd, or adjacent herd.

(35) Quarantined feedlot--A feedlot under a plan of restricted movement, approved jointly by Animal and Plant Health Inspection Service, Veterinary Services and the commission in which all cattle except steers and spayed heifers are classified as exposed to brucellosis.

(36) Quarantined pasture--A designated confined area for limited grazing under a plan of restricted movement approved jointly by Animal and Plant Health Inspection Service, Veterinary Services and the commission. All cattle except steers and spayed heifers shall be classified as exposed to brucellosis. All cattle permitted to a quarantined pasture must originate from a Texas farm or ranch and move directly to a quarantined pasture or through a Texas market to a quarantined pasture.

(37) Reactor--Cattle classified as being infected with brucellosis as a result of serological testing or microbiological culturing of blood, tissue, secretions, or excretions from the animal.

(38) Spayed Heifer--A United States origin heifer which has been neutered by an accredited veterinarian and identified with an official eartag and hot iron brand applied high on the left hip near the tailhead with an open spade design not less than three inches high. The heifer shall be identified on a TAHC Spaying Certificate form completed by an accredited veterinarian or a Texas Animal Health Commission representative. Each spayed heifer imported into the United States from Mexico shall be identified with a distinct, permanent, and legible "M_x " mark applied with a freeze brand, hot iron, or other method prior to arrival at a port of entry, unless the spayed heifer is imported for slaughter. The "M_x " mark shall be not less than 2 inches nor more than 3 inches high, and shall be applied to each animal's right hip, high on the tailhead (over the junction of the sacral and first coccygeal vertebrae.

Attached Graphic

(39) Suspect--Cattle classified as suspicious of being infected with brucellosis as a result of serological testing of blood, secretions, or excretions from the animal.

(40) Tested herd--Herd of cattle located in a noncertified area for which a state has records showing that the herd has been subjected to official testing for brucellosis in accordance with the procedures for herd tests within 12 months prior to movement and that the herd is not known to be affected with brucellosis.

(41) Test-Eligible Cattle in other than Priority Herds--All cattle 18 months of age and over (as evidenced by the loss of the first pair of temporary incisor teeth), except steers and spayed heifers.

(42) Test-Eligible Cattle in Priority Herds--All sexually intact female cattle four months of age and older and all bulls 18 months of age and older.

(43) Traceback of reactors--The epidemiological procedure in locating the premise or premises and the cattle that have been in contact with the reactor during a specified period of time.

Source Note: The provisions of this §35.1 adopted to be effective September 27, 1983, 8 TexReg 3616; amended to be effective April 1, 1987, 12 TexReg 787; amended to be effective February 15, 1988, 13 TexReg 602; amended to be effective September 20, 1989, 14 TexReg 4469; amended to be effective December 31, 1989, 14 TexReg 6547; amended to be effective May 20, 1991, 16 TexReg 2469; amended to be effective November 1, 1993, 18 TexReg 7156; amended to be effective March 22, 1994, 19 TexReg 1649; amended to be effective July 22, 1994, 19 TexReg 5475; amended to be effective May 31, 1995, 20 TexReg 3325; amended to be effective October 22, 1995, 20 TexReg 7974; amended to beeffectiveMarch 1, 1996, 21 TexReg 865; amended to be effective April 16, 1997, 22 TexReg 3397; amended to be effective February 5, 1998, 23 TexReg 739; amended to be effective September 6, 1998, 23 TexReg 8828; amended to be effective December 24, 2000, 25 TexReg 12376