SECTION 35.2. General Requirements

(a) Testing of blood and semen.

(1) All tests shall be made by approved personnel only as the basis for compliance with these regulations.

(2) All tests must be confirmed by a state-federal laboratory as the basis for compliance with these regulations. Non-quarantined cattle may be moved based upon the card test results. All samples initially tested at other than state-federal laboratories shall be submitted (mailed) within 48 hours of collection and confirmed at the state-federal laboratory.

(3) When a discrepancy occurs between test results of the state-federal laboratory and those of the person who originally tested the animal(s), the entire consignment, shipment, or herd will be traced and held pending results of a retest on the animal(s) with the discrepancy.

(4) Samples for all retest purposes will be collected by accredited veterinarians that are approved by the Commission to perform brucellosis program duties, or by commission or APHIS personnel and submitted to the state-federal laboratory for confirmation testing. An epidemiologist may designate those cattle that do not require a test. The herd of origin, as well as the herd in which the animal(s) is presently located, will be affected by the test results of the state-federal laboratory. The state-federal laboratory initial test results will prevail if the traced animal cannot be positively identified or if it has been slaughtered and cannot be retested.

(5) When the state-federal laboratory is unable to confirm results of a test because of insufficient serum, hemolyzed blood, or broken tubes, the commission may require a trace and retest of the animals not confirmed.

(6) When the commission has reason to believe the tests are controversial, contested, or disputed, it may require that its personnel be present at the time of blood collection and testing as a basis for compliance with these regulations. In such case, the commission shall notify the herd owner prior to the test.

(b) Classification of cattle. Cattle shall be classified by approved personnel by an evaluation of titer responses for all cattle to serological tests, or by identification of Brucella abortus in specimens taken from these cattle. The following serological tests may be used for the classification of cattle.

(1) Card test. The card test (buffered Brucella is a test antigen) that may be used to classify cattle as suspects. Results of the card test may be used with other test results conducted in the state-federal laboratory to aid in the classification of cattle as reactors. The card test may be used as a test to classify cattle as reactors on written approval of the owner or his agent. The owner or his agent's signature on test charts prior to "B" branding will be accepted as approval. Card tests may be used to classify cattle negative on surveillance samples collected at slaughter, on routine samples collected on farms, at livestock markets, and on tests of suspicious and affected herds.

(2) Manual Complement fixation test. The manual complement fixation test is an official test when it is conducted at the cooperative state-federal brucellosis laboratory using recognized methods.

(A) Interpretation of the manual CF test results.

Attached Graphic

(B) Interpretation of test result codes. The following codes are utilized by the laboratory to represent the corresponding test results:

Attached Graphic

(3) Rivanol test. The rivanol test is an official test when conducted in cooperative state-federal brucellosis laboratories. Vaccinated cattle tested under the MCI program that show complete agglutination at dilutions of 1:25 or greater must be reported as MCI reactors for the purpose of state or area classification.

(A) Interpretation of rivanol test results.

Attached Graphic

(B) Interpretation of test result codes. The following codes are utilized by the laboratory to represent the corresponding test results:

Attached Graphic

(4) Brucellosis Milk Surveillance Test (BMST). The brucellosis milk surveillance test, conducted by methods approved by USDA-APHIS-VS, is a test that may be used to classify herds or cattle as suspected of being infected with brucellosis.

(5) Buffered acidified plate antigen test. Buffered acidified plate antigen tests may be used to classify cattle as negative on MCI samples collected at slaughter and at livestock markets. This test may also be used in state-federal laboratories for routine samples collected on farms.

(6) Rapid screening test (RST). The RST may be used as a test for classifying cattle as negative in state-federal laboratories.

(7) Standard tube agglutination test (STT) or standard plate agglutination test (SPT). The blood or semen titers of cattle and bison tested by the STT or SPT methods are interpreted in the following ways:

Attached Graphic

(8) Particle concentration fluorescence immunoassay (PCFIA) test. May be used to determine the brucellosis disease status of test-eligible cattle and bison when conducted by methods approved by USDA, APHIS, VS. When used as a supplemental test on card-positive Strain 19 vaccinated dairy cattle, a negative PCFIA result will allow them to be classified as negative for intrastate movement only.

(9) Concentration immunoassay test (CITE). Used as a supplemental test in market channels where cattle have been disclosed as positive by use of the card test. CITE positive animals will be considered as reactors and the remainder of the consignment be considered as exposed and moved in accordance with subsection (i)(2) of this section.

(10) New tests under research. Laboratory tests approved by the executive director are authorized to be used in conjunction with tests listed in this subsection for evaluation of their future usefulness in the program.

(c) Reclassification of reactors. Cattle initially classified reactors may be reclassified provided a complete epidemiological investigation of the herd is conducted and there is no evidence of field strain Brucella abortus infection or exposure thereto.

(d) Requirements for a herd test.

(1) Test eligibility.

(A) Priority herds--All sexually intact female cattle four months of age and older and all bulls 18 months of age and older.

(B) Other than priority herds--All cattle that are parturient or post parturient or 18 months of age and older except steers and spayed heifers.

(2) Calfhood vaccination requirements. All female cattle between four and 12 months of age in affected herds must be vaccinated at the time of testing.

(3) Identification requirements. All cattle tested shall be identified with either an official eartag, an individual registration tattoo, or individual registration brand. All cattle in priority herds except steers, spayed heifers, and bulls under 18 months must be officially identified regardless of test eligibility.

(e) Requirements of a market test.

(1) All cattle 18 months of age and over except steers and spayed heifers shall be tested unless they were tested within the previous 30 days and:

(A) are accompanied by a test document approved by the commission; and

(B) identified with official eartag; and

(C) either identified with legible individual brand, bangle tag, chalk number, or backtag with this identification shown on a test document; or each animal examined so that the eartag can be matched to the test document.

(2) Each animal(s) tested at the market shall be identified by official eartag and official backtag.

(3) The market shall supply the following information to the accredited veterinarian prior to conducting the card test for inclusion on the VS Form 4-54 after results of the test are known:

(A) full name, street address and/or route address, and zip code of the owner of the cattle at the time cattle are delivered to the market;

(B) backtag number, with prefix, for each head of cattle.

(4) The veterinarian shall not conduct the card test prior to receiving the name and address of the owner from the market.

(5) At time of testing of the cattle, the following additional information is required to be included on the VS Form 4-54.

(A) eartag number (list all nine characters);

(B) date of test;

(C) full name and address of the market;

(D) tester's card test permit number; and

(E) signature of the person who tested the cattle.

(6) The veterinarian interpreting the card test results shall, at the time of testing, immediately report any and all positive test results to the state-federal market inspector by means of the completed VS Form 4-54.

(7) Cattle which show a positive reaction to the card test shall have another blood sample collected from them by an inspector. The inspector will conduct another card test and the CITE test or deliver the sample to a laboratory for a PCFIA test. If negative to the CITE or PCFIA tests, Strain 19 vaccinated dairy cattle shall be classified negative for intrastate movement only and marked on the hip with yellow paint. If negative to the CITE or PCFIA tests, beef cattle and non-Strain 19 vaccinated dairy cattle shall be classified as suspect(s) and may be permitted to return to the premises of origin under hold order for retest or be "S"-branded and permitted to slaughter or to a quarantined feedlot or designated pen. In either case, the remainder of the consignment may move unrestricted. Samples tested with the CITE test shall then be submitted to a state/federal laboratory in a vacutainer for supplemental testing and accompanied by a completed Form 91-28 which lists only the card positive cattle.

(f) Requirements of a slaughter test. Slaughter plants operating in Texas shall collect blood from all cattle 18 months of age and over except steers and spayed heifers and finish fed cattle under 36 months of age. All blood samples collected at slaughter shall be submitted to a state-federal laboratory. Identification of the cattle in relation to the sample shall be maintained so that reactors or suspects may be traced to their herd of origin. The following collection procedures shall be followed:

(1) Blood samples shall be collected from each animal in tubes numbered in sequence for each day's kill and placed in innercell mailing cartons furnished by USDA.

(2) The samples shall be listed in numerical order on the USDA Test Record, Market Cattle Testing Program Form (VS 4-54). All man-made identification devices such as backtags, eartags, and bangle tags for each animal shall be recorded on the VS 4-54 in the appropriate columns to the corresponding blood sample.

(3) Known brucellosis reactors shall be identified on the VS 4-54 by entering "FR" in the test interpretation column.

(4) The full name and address of each person or firm from which each animal was secured shall be recorded on the VS 4-54 and daily kill sheets. Test records shall show the slaughter plant name and address, the date of collection (kill date), and the signature of collector.

(5) The blood samples with the complete VS 4-54 and daily kill sheets shall be promptly submitted to the appropriate state-federal laboratory.

(6) If cattle are delivered by someone other than the slaughterer or the slaughterer's agent, the license plate number of the vehicle delivering the cattle shall be recorded on slaughter records and made available to commission personnel upon request.

(g) Retest of reactors. Reactors in markets or initial tests on farms and ranches will be retested at the owner or his agent's request; provided this request is within five days of his notification of the original blood test results and prior to identification of the reactors by "B" brand and eartag. Retest of reactors will be accomplished within five days of approval for retest in dairies and 10 days of approval for retest in beef herds. Reactor animals will be isolated from other cattle while awaiting retest. Animals classified as reactors on the retest will be branded within 48 hours of classification. Retesting of reactors on subsequent tests of the herd will be as provided for in the herd plan.

(h) Identification of brucellosis affected cattle.

(1) Reactor cattle. All reactor cattle shall be permanently identified within 15 days of classification by hot iron branding with the letter "B" (at least two by two inches), placed high on the left hip near the tailhead. An approved reactor tag shall be placed in the left ear. Identification shall be prior to movement.

(2) Exposed Cattle. All exposed cattle moving to a quarantined feedlot, designated pen, quarantined pasture, or to slaughter shall be identified by branding with a hot iron the letter "S" (at least two by two inches) placed high on the left hip near the tailhead. Identification shall be prior to movement, except exposed cattle on the premise of origin may be "S" permitted to a livestock market where they shall be identified by "S" brand upon arrival. Exposed cattle returned from the livestock market to the herd of origin are exempt from such identification.

(3) Suspects. Cattle classified as suspects in markets will be identified as exposed cattle.

(i) Movement of cattle classified as reactors, exposed or suspects. There shall be no diversion from the permitted destination. When moved, the cattle must be maintained separate and apart from all other classes of livestock in pens reserved for this purpose at livestock markets or trucking facilities. These pens must be thoroughly cleaned and disinfected before reuse.

(1) Reactors. Reactors shall remain on the premises where disclosed until a "B" permit for movement to immediate slaughter has been obtained. Movement for immediate slaughter must be to a slaughtering establishment where federal or state meat inspection is maintained or to a livestock market for sale to such slaughtering establishment.

(2) Exposed cattle. All exposed cattle moving from a premise of origin or from a livestock market to a quarantined pasture, designated pen, quarantined feedlot, or to immediate slaughter shall remain on the premise where disclosed until an "S" permit VS Form 1-27 for movement has been prepared by a TAHC Representative and signed by the person or other legal entity moving the cattle. The completed "S" permit shall accompany the shipment of cattle to the permitted destination. Movement for immediate slaughter must be to a slaughtering establishment where Federal or State meat inspection is maintained or to a livestock market for sale to such slaughtering facility.

(3) Suspects. Suspects will be moved the same as exposed cattle, except at a livestock market in a consignment of otherwise negative cattle from a producer's herd of origin where the suspect is card positive on the presumptive test and negative to supplemental tests, cattle may move as follows:

(A) For beef cattle and non-Strain 19 vaccinated dairy cattle, the owner shall either:

(i) return the suspect under hold order to the herd of origin until:

(I) the suspect is negative to the card test, in which case the hold order will be released; or

(II) the suspect is classified as a reactor, in which case it must be disposed of as described in subsection (j) of this section; or

(ii) sell the suspect to a quarantined feedlot, designated pen, quarantined pasture, or to slaughter, identified with an "S" brand and a 1-27 permit.

(B) For Strain 19 vaccinate beef cattle, the owner shall either:

(i) return the suspect under hold order to the herd of origin until:

(I) the suspect is negative to the card test, in which case the hold order will be released; or

(II) the suspect is declared a stabilized suspect by an epidemiologist after subsequent testing conducted in not less than 30 days after the positive card test was conducted; or

(III) the suspect is classified as a reactor, in which case it must be disposed of as described in subsection (j) of this section; or

(ii) sell the suspect to a quarantined feedlot, designated pen, quarantined pasture, or to slaughter, identified with an "S" brand and a 1-27 permit.

(j) Immediate slaughter of reactors. Reactor cattle shall be sold for immediate slaughter and removed from the premise under "B" permit within 15 days from the date of identification for beef cattle and within seven days from the date of identification for dairy cattle. Movement for immediate slaughter shall be to a slaughtering establishment where Federal or State inspection is maintained or to a livestock market for sale to such a slaughtering establishment. When it has been determined by the Executive Director that a specific reactor or reactors present a significant risk of spread of brucellosis, those specific animals must move direct to slaughter and may not be moved to a livestock market.

(k) Removal of heifer calves from quarantined herds. Heifers born in an infected herd shall be removed from the herd immediately after they are weaned and kept as a separate heifer herd under quarantine, or moved to market with "S" permit to be "S" branded, or "S" branded and permitted prior to movement to a quarantined pasture, designated pen, quarantined feedlot, or slaughter.

(l) Requirements following classification of a dairy or a beef animal or a bison as a reactor or a suspect.

(1) The herd of which the reactor or the suspect was a part shall be placed under quarantine or hold order. When brucellosis infection is diagnosed in a herd, a quarantine will be placed on the herd. Any herd with fence line or across the road contact with the quarantined herd will be evaluated by a USDA or TAHC epidemiologist who will determine whether the herd should be placed under hold order. Other adjacent or high risk herds may be placed under hold order.

(2) All cattle in the herd except steers and spayed heifers are included in the quarantine or hold order. Any movement of quarantined cattle shall conform to subsections (h) and (i) of this section concerning identification and movement of reactor, exposed, or suspect cattle. Release of the quarantine will be as described in paragraph (7) of this subsection.

(3) An initial test of the herd which contained the reactor(s) or the suspect(s) and/or any other affected, adjacent or high risk herds will be conducted in accordance with subsection (d) of this section within a specified time set by state-federal personnel upon consultation with each herd owner unless waived by epidemiologist. If the Executive Director determines, based on epidemiological principles, that immediate action is necessary, the time for testing may be set without consultation with the herd owner.

(4) The results of the initial herd test of the herd which contained the reactor(s) or the suspect(s) and/or any other affected, adjacent or high risk herds will be used to determine the need for, and development of an individual herd plan for prevention or elimination of brucellosis in that herd. The plan shall be developed by a State-Federal veterinarian of the brucellosis control program in consultation with the herd owner or caretaker and his veterinarian (if so requested by the owner). The plan developed by the Commission shall be final and the owner or caretaker will be provided a copy. Any proposed herd plan which has identified special management requirements will be reviewed by a State-Federal epidemiologist who will either support or modify the plan. A regional epidemiologist may waive vaccinating cattle over twelve months of age in infected herds. The terms and conditions of a herd plan may be amended in writing by the Commission upon good cause.

(5) The plan will consist of the following.

(A) Testing Procedures.

(i) All sexually intact female cattle four months of age and older and all bulls 18 months of age and older in the herd shall be presented for testing or retesting at intervals stated in the herd plan until the quarantine is released.

(ii) All cattle to be added to the herd shall be tested prior to commingling with the herd.

(iii) All stray cattle found in the herd shall be presented for testing.

(iv) Cattle identified as reactors shall be removed in accordance with subsection (j) of this section.

(v) Heifers born in the herd shall be removed in accordance with subsection (k) of this section.

(B) Vaccination Procedures.

(i) All nonvaccinated heifers shall be presented as soon as possible after they reach the age of four months and before the age of 12 months to be tested for brucellosis and vaccinated with an approved B. abortus vaccine. In the event heifers tested at the time of vaccination disclose reactor level titers, they will be classified and handled as reactors.

(ii) All female cattle over 12 months of age shall be presented to be adult vaccinated with an approved B. abortus vaccine within ten days of their negative serological test.

(iii) Replacement female cattle over 12 months of age shall be presented within ten days after a negative test, to be adult vaccinated prior to their addition to an already vaccinated herd. The epidemiologist will determine if adult vaccination of replacements must continue if the quarantine extends past 18 months, or if only calfhood vaccinates may be added.

(iv) Previously vaccinated negative female cattle shall be presented for revaccination with an approved B. abortus vaccine as determined by the epidemiologist.

(6) A person may protest an initial test or a herd plan for the prevention or elimination of brucellosis in each herd classified as affected, adjacent, or high risk due to a reactor or suspect animal, after consultation with the state-federal veterinarian of the Brucellosis Control Program.

(A) To protest, the herd owner must request a meeting, in writing, with the executive director of the commission within 15 days of receipt of the herd plan or notice of an initial test and set forth a short, plain statement of the issues that shall be the subject of the protest, after which:

(i) the meeting will be set by the executive director no later than 21 days from receipt of the request for a meeting;

(ii) the meeting or meetings shall be held in Austin; and

(iii) the executive director shall render his decision in writing within 14 days from date of the meeting.

(B) Upon receipt of a decision or order by the executive director which the herd owner wishes to appeal, the herd owner may file an appeal within 15 days in writing with the chairman of the commission and set forth a short, plain statement of the issues that shall be the subject of the appeal.

(C) The subsequent hearing will be conducted pursuant to the provisions of the Administrative Procedure and Texas Register Act, and Chapter 32 of this title (relating to Hearing and Appeal Procedures).

(D) If the executive director determines, based on epidemiological principles, that immediate action is necessary, the executive director may shorten the time limits, as set out in subparagraphs (A) and (B) of this paragraph, to not less than five days. The herd owner must be provided with written notice of any time limits so shortened.

(7) Requirements for Quarantine Release.

(A) A herd is eligible for quarantine release following a minimum of three consecutive herd blood tests that are classified as negative. The first negative test shall be conducted at least 30 days after the last reactor is removed from the herd. The second negative test shall be conducted at least 120 days after the last reactor is removed from the herd. The third negative test shall be conducted a minimum of 12 months after the last reactor is removed from the herd.

(B) Heifers born in the herd and were removed from the herd and kept separately shall remain under quarantine until they test negative 30 days following calving.

(C) On the releasing test, official vaccinates that demonstrate suspect titers on the approved supplemental test shall be classified as suspects. After Strain 19 vaccinated suspects are stabilized, the remainder of the herd may be released from quarantine. These suspects shall remain under a hold order.

(D) To obtain a quarantine release, the owner/caretaker shall retest all cattle 18 months of age and over except steers and spayed heifers in units not under quarantine. The retest must be conducted not less than six months after the removal of the last reactor from the quarantined unit. This retest, together with the third negative test of the quarantined unit, may be used for herd certification if conducted no more than 14 months following a negative herd test after the removal of the last reactor. A designated brucellosis epidemiologist may exempt units from these retest requirements.

(E) Epidemiological data may be considered in the release of the quarantine.

(m) Official vaccination requirements.

(1) All official vaccinations will be conducted by approved personnel only.

(2) Calfhood vaccinated animals shall be permanently identified. If the animal is already identified with an official eartag before vaccination, an additional official eartag is not required. Vaccination tattoos must be applied to the right ear. For Brucella abortus Strain 19 vaccinates, the tattoo will include the U.S. Registered Shield and "V" which will be preceded by a number indicating the quarter of the year and followed by a number corresponding to the last digit of the year in which the vaccination was done. For Brucella abortus Strain RB 51 vaccinates, the tattoo will include the U.S. Registered Shield and "V," which will be preceded by a letter "R" and followed by a number corresponding to the last digit of the year in which the vaccination was done. Official vaccination (orange) eartags must be applied to the right ear unless the animal is already identified with an official eartag. If the cattle or bison are registered by a breed association recognized by VS, individual animal registration tattoos or individual animal registration brands may be used for identifying animals in place of official eartags.

(3) Adult vaccinated cattle that have been vaccinated over calfhood age as part of authorized whole-herd vaccination plans shall be permanently identified as vaccinates by the following procedures: tattoo or by hot "V" brand and by official eartag. Adult-vaccinated cattle and/or bison in these herds must be identified by either a "V" hot brand high on the hip near the tailhead with the open end down for RB 51, open end up for Strain 19, or by an official "AV" (adult vaccination) tattoo in the right ear. For Brucella abortus Strain 19 vaccinated animals, the "AV" in the tattoo is to be preceded by a number indicating the quarter of the year, and followed by a number corresponding to the last digit of the year in which the vaccination was done. For brucella abortus Strain RB 51 vaccinated animals, the "AV" in the tattoo is to be preceded by the letter "R," and followed by a number corresponding to the last digit of the year in which the vaccination was done. The brand or tattoo is in addition to the official eartag identification. If the cattle or bison are registered by a breed association recognized by VS, individual animal registration tattoos or individual animal registration brands may be used for identifying animals in place of official eartags. Official eartags, if required, will be placed in the right ear.

(4) Vaccination will be done by state/federal personnel following a negative test within ten days prior to adult vaccination.

(n) Community notification of infected herds.

(1) The status of infected herds and the application of quarantined feedlots, designated pens, and quarantined pastures are to be made known to herd owners in the immediate community. Notification of such herd owners may be achieved by means of an educational letter delivered through personal contact or by mail. When the herd has completed its individual herd plan, or the Quarantined Premise approval is terminated, the herd owners shall also be notified within 30 days by means of an educational letter delivered by personal contact or by mail.

(2) Notification to the Texas Department of Health. The Texas Department of Health will be notified within 15 days of the classification of an infected herd.

(o) Requirements for a quarantined feedlot. All parturient and post parturient cattle must be officially tested for brucellosis within 30 days prior to entry into a quarantined feedlot. All cattle except steers and spayed heifers in a quarantined feedlot shall be classified as exposed to brucellosis. The quarantined feedlot shall be maintained for finish feeding of cattle in drylot with no provisions for pasturing or grazing except in adjacent quarantined pastures. Negative exposed and untested test-eligible cattle must be permanently identified with a hot iron "S" brand high on the tailhead upon entering the quarantined feedlot. All cattle except steers and spayed heifers located in feedlots adjacent to quarantined pastures must be permanently identified with a hot iron "S" brand high on the tailhead upon entering such feedlots. All cattle except steers and spayed heifers leaving such feedlot must go directly to slaughter; or may be moved directly to another quarantined feedlot or designated pen with an "S" permit.

(p) Requirements of a quarantined pasture for "S"-branded heifers. The Commission in conjunction with the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Services (APHIS), Veterinary Services (VS) may issue an approval to a landowner or operator to operate a quarantined pasture for a period not to exceed eight months, which approval is personal to the person named, and nontransferable to any other premises from the premises described in the approval. To be considered, an applicant must submit a completed application in writing to the Texas Animal Health Commission. Hereafter, the word "operator" is used to indicate the person who received the approval to operate a quarantined pasture.

(1) The commission or USDA, APHIS, VS personnel shall make an on-site inspection of the premises prior to granting approval of the quarantined pasture to identify persons who own or control land having fence-line contact with the proposed quarantined pasture. Persons identified as owning or controlling land with fence-line contact shall be notified by the commission through certified mail of the pending application, and shall have the right to protest its approval under Chapter 32 of this title (relating to Hearing and Appeal Procedures).

(A) Following notification of an application for a quarantined pasture for heifers, a person or persons owning or having control of land in fence-line contact with the proposed pasture may within 15 days of receipt of notification protest the application and request a meeting with the executive director of the commission in writing, stating the grounds for his protest, which grounds may include, but are not limited to, the following:

(i) probability of disease transmission; or

(ii) condition of fences.

(B) After expiration of the period within which the persons owning or having control of land in fence-line contact with the proposed pasture may submit their protests, the executive director shall inform the protester(s) and the applicant of a meeting date, which meeting shall take place in Austin. The applicant shall furthermore be informed of the grounds stated in the protest(s).

(C) At the meeting, the protester(s) and the applicant shall have the right to adduce any evidence in support of their stated position.

(D) Within 14 days following the meeting, the executive director shall render his decision in writing and inform the protester(s) and the applicant of his decision by certified mail.

(E) Upon receipt of an adverse decision or order, the protester(s) or the applicant may within 15 days of such receipt file a written notice of appeal with the chairman of the commission stating the grounds for such appeal. The subsequent administrative hearing on the appeal shall be held before the commission in Austin, which hearing it may delegate to a hearing examiner. Such hearing shall be conducted in conformity with the Administrative Procedure and Texas Register Act and Chapter 32 of this title (relating to Hearing and Appeal Procedures).

(2) The approval to operate a quarantined pasture shall automatically expire eight months from the date of approval.

(3) The operator may only admit "S" branded Texas heifers, whether spayed or not. He may not accept bulls and bull calves.

(A) The operator may only admit "S" branded heifers who have their central pair of deciduous (temporary) incisor teeth and weigh less than 500 pounds at the time of admission.

(B) The operator may not admit "S" branded heifers that show visible evidence of pregnancy.

(4) The operator shall obtain an "S" brand permit for all heifers prior to their leaving the quarantined pasture and shall be responsible for their moving either:

(A) to a market to be sold for movement directly to slaughter or to a quarantined feedlot or designated pen; or

(B) directly to slaughter; or

(C) directly to a quarantined feedlot or designated pen.

(5) Prior to expiration of the quarantined pasture application for "S" branded heifers, the operator may reapply for renewal of the quarantined pasture designation for the same premises. An on-site inspection of the premise shall be made by commission or USDA, APHIS, VS personnel prior to granting approval for renewal of the quarantined pasture pursuant to requirements of paragraphs (1) and (3) of this subsection.

(6) An applicant denied approval may reapply any time upon a substantial change in circumstances.

(q) Market cattle identification. All cattle 18 months of age and older except steers and spayed heifers which are being moved from markets to slaughtering establishments shall be identified by a USDA approved backtag placed just below the midline and just behind the shoulder of the animal. The check-in document will identify each backtagged animal to the consignor.

(r) Requirements for Designated Pens. Cattle exposed to brucellosis may be moved into designated pens in feedlots provided they meet the following requirements.

(1) The designated pens shall be maintained for finish feeding of cattle in dry lot with no provisions for pasturing or grazing.

(2) Double cattle-proof fences shall separate the designated pens from the remainder of the feedlot with at least 12 feet of space between the fences where cattle are not maintained. An alley may satisfy this separation requirement as long as neither food nor water is available and cattle are not maintained in the alley.

(3) All parturient and post parturient cattle must be officially tested negative for brucellosis within 30 days prior to entry into designated pens, classified as exposed to brucellosis and handled as specified in this section.

(4) Cattle going to designated pens will be unloaded and moved directly into those pens, and not held in common receiving areas used for cattle not destined for designated pens.

(5) All cattle must be permanently identified with a hot iron "S" brand either on the left jaw or high on the tailhead upon entering the designated pens.

(6) Cattle fed in designated pens may be processed or treated in common processing, sick, or hospital areas if the common area is cleaned and disinfected with an approved disinfectant after each use for these cattle and prior to use by cattle not from designated pens. If separate facilities are used for cattle from designated pens, cleaning and disinfecting are not necessary.

(7) All cattle leaving such designated pens must go directly to slaughter accompanied by a VS 1-27 permit.

(8) Detailed records of all cattle entering and leaving the designated pens, including dates and numbers of cattle, must be maintained by the feedlot for inspection by Commission representatives.

(9) If designated pen status is eliminated or deactivated, either on the feedlot's request or on determination by the Commission, the designated pen status will be removed after the need for cleaning and disinfecting of the designated pens is evaluated.

(s) Entering premises. Representatives engaged in the Brucellosis Control Program are authorized to enter into any property for the exercise of any authority or the performance of any duties authorized in this regulation and shall practice such sanitary procedures so as to minimize the risk of physically transmitting the disease to other premises. Owners and caretakers owning or having charge of cattle shall gather their cattle and furnish necessary labor in drawing blood or milk samples, vaccinating and identifying animals.

(t) Requirements for cleaning and disinfecting.

(1) Dairy. When reactors are disclosed in cattle which use the same facilities daily, those facilities will be cleaned and disinfected under the supervision of Approved Personnel upon removal of infected animals.

(2) Beef. As determined by Approved Personnel under individual herd plan following removal of reactor animals.

(u) Requirements on dealer recordkeeping. Any dealer must maintain records of cattle that are parturient or postparturient or 18 months of age or older. Such records shall show the buyer's and seller's name and address, county of origin, number of animals, and a description of each animal, including sex, age, color, breed, brand, and individual identification such as eartag, bangle tag, backtag, tattoo or firebrand. Records at auctions and commission firms shall show the delivery vehicle license number. All dealer records must be maintained for a minimum of two years after the date of the transaction.

(v) Brucellosis advisory committees. There may be one or more committees of cattle owners in the state, appointed by the chairman of the commission, to serve at the pleasure of the Commission, for the purposes of advising the commission on matters pertaining to the brucellosis program.

Source Note: The provisions of this §35.2 adopted to be effective September 27, 1983, 8 TexReg 3616; amended December 5, 1985, 10 TexReg 4523; amended to be effective August 12, 1986, 11 TexReg 3437; amended to be effective April 1, 1987, 12 TexReg 787; amended to be effective October 15, 1987, 12 TexReg 3541; amended to be effective February 15, 1988, 13 TexReg 602; amended to be effective May 5, 1988, 13 TexReg 1910; amended to be effective July 11, 1988, 13 TexReg 3223; amended to be effective February 13, 1989, 14 TexReg 567; amended to be effective February 16, 1989, 14 TexReg 691; amended to be effective July 14, 1989, 14 TexReg 3143; amended to be effective July14,1989, 14 TexReg 3201; amended to be effective September 20, 1989, 14 TexReg 4469; amended to be effective December 31, 1989, 14 TexReg 6547; amended to be effective March 26, 1990, 15 TexReg 1291; amended to be effective June 19, 1990, 15 TexReg 3081; amended to be effective September 28, 1990, 15 TexReg 5357; amended to be effective May 20, 1991, 16 TexReg 2469; amended to be effective August 19, 1991, 16 TexReg 4151; amended to be effective August 19, 1991, 16 TexReg 4223; amended to be effective March 15, 1992, 17 TexReg 1535; amended to be effective July 20, 1992, 17 TexReg 4747; amended to be effective March 22, 1994, 19 TexReg 1649; amended to be effective July 22, 1994, 19 TexReg 5475; amended to be effective October 22, 1995, 20 TexReg 7974; amended to be effective March 1, 1996, 21 TexReg 865; amended to be effective December 31, 1996, 21 TexReg 11477; amended to beeffectiveApril 16, 1997, 22 TexReg 3397; amended to be effective May 24, 1998, 23 TexReg 4902; amended to be effective September 6, 1998, 23 TexReg 8828; amended to be effective January 12, 2000, 25 TexReg 77; amended to be effective December 24, 2000, 25 TexReg 12376