SECTION 43.3. Approved Feedyards/Approved Pens

(a) Approved Feedyards/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.

(b) Designation Agreement: In order to be recognized as an approved feedyard or approved pen there shall be a signed designation agreement with TAHC and USDA-APHIS-VS indicating that the facility can meet the necessary standards to accept restricted cattle, bison or exotic livestock. The agreement will contain standards and procedures which the facility must meet in order to be approved. The Agreement will provide for isolation of animals, to separate and prevent contact, with restricted animals and unrestricted animals through fencing and geographic separation; official identification; biosecurity standards; and recordkeeping requirements, which include information for all animals entering and leaving a facility. Failure to meet and maintain those standards and procedures will cause a facility to have the approve status rescinded. Known exposed animals must be tested negative within 60 days and be "S" branded prior to entering the approved feedyard. These animals will be placed under hold order and permitted out to slaughter.

(c) Standards and procedures

(1) Geographic separation: Adequate isolation of animals which separate and prevent contact with tested animals and untested animals by fencing and geographic separation. Geographic separation shall be sufficient to meet the minimum standards in the UM&R as well as to prevent potential spread of diseases to other livestock on the premises and adjacent premises.

(2) Official identification: All animals entering and leaving the facility must be officially identified and that information is to be recorded and maintained as required by paragraph (4) of this subsection.

(3) Biosecurity standards: All approved facilities may not be required to be cleaned and disinfected between groups of cattle unless specifically directed by the DTE to clean and disinfect all or portions of the pen or other parts of the facility. Additionally, approved facilities shall not be required to vacate pens, that have contained tuberculosis infected animals, for thirty (30) days unless specifically required by the DTE to vacate the pens.

(4) Recordkeeping requirements: An approved facility shall maintain records which indicated the movement of all animals that enter and leave a facility. An approved facility must maintain the records as required by §43.2(i) of this title (relating to Requirements on Dealer Record Keeping).

(5) Grazing: In order for the Commission to recognize an approved facility having grazing the, commission must enter into a MOU with USDA-APHIS and the facility must be able to show an ability to maintain isolation of those animals from other animals. Any provisions for grazing or pasturing restricted cattle or bison entering an approved feedlot/approved pens must be formalized in a Memorandum of Understanding (MOU) by the Chief State Animal Health Official and the Administrator. The MOU must include adequate isolation and fencing requirements as recommended by the DTE and the Regional Tuberculosis Epidemiologist. An animal leaving the confined area must be destined to either another approved feedlot or approved pen, or to an approved slaughter facility.

(6) The approved status must be renewed by the operator every two years provided that the requirements specified in these regulations and the approved agreement continue to be met by the feedyard. If the Executive Director determines the feedyard's failure to comply with the Approved Pens Agreement or these regulations then he can rescind the agreement.

Source Note: The provisions of this §43.3 adopted to be effective January 1, 2006, 30 TexReg 8676