SECTION 58.21. Livestock Movement Restrictions

(a) Purpose: Livestock in Texas are subject to a variety of highly contagious, foreign animal diseases (FAD). The infection or exposure of Texas livestock to a FAD would create an animal health emergency requiring the commission to respond as expediently as possible. A FAD may be very contagious; it may affect both farm/ranch animals and wildlife in Texas, and it may be extremely difficult to identify, isolate, control, and eradicate. It may spread to other areas in the state or other states and countries if the outbreak is not controlled in an expedient or effective manner. Any time delay in responding to such an emergency could cause a severe impact to, or even destroy, the agricultural economic stability and viability of the State and possibly the Nation. The purpose of this section is to authorize the executive director to be able to respond quickly and restrict the movement of livestock from specific areas or facilities in order to reduce any potential exposure of Texas livestock to a disease as provided in §58.2 of this title (relating to Disease Control).

(b) Emergency Response Movement Restrictions: As a control measure, the commission by rule may regulate the movement of livestock in this state. Movement restrictions contained in this section are to become effective upon a determination that there is exposure to a disease or an agent of transmission of one of the diseases as identified in §58.2 of this title (relating to Disease Control) and that these restrictions are necessary to protect livestock in this state.

(c) Executive Director Authority: The executive director may restrict movement of livestock in any part or all of the state, through this section, if the executive director determines that livestock are exposed or infected with a disease as identified in §58.2 of this title (relating to Disease Control) and believes that the disease presents a danger to the public health or livestock industry and that the executive director considers it necessary to protect livestock in this state, by restricting movement under this subchapter. The executive director may require testing, vaccination, or another epidemiologically sound procedure in order to authorize movement from restricted locations.

(d) Effect of Movement Restrictions: These movement restrictions will remain in effect until the executive director has determined that the exposure to the disease or infection from the disease has been eradicated or controlled.

(e) Inspection of Shipment of Animals or Animal Products: An agent of the commission is entitled to stop and inspect a shipment of animals or animal products being transported in this state in order to determine if the shipment originated from a quarantined area or herd; or determine if the shipment presents a danger to the public health or livestock industry through insect infestation or through a communicable or noncommunicable disease. An authorized agent of the commission may issue a hold under this chapter to detain a shipment of animals or animal products in order to determine if the shipment had been exposed to a disease as identified in §58.2 of this title (relating to Disease Control) or to determine if the shipment is being transported in violation of this chapter. The authorized agent of the commission may require that the shipment be unloaded at the nearest place designated as appropriate unloading/loading and boarding facility in order to assess health status or to protect against possible exposure from a disease provided by §58.2 of this title.

(f) Restricted Movement Locations: If the executive director has determined that there is an animal health emergency and that there is a need to restrict movement of livestock, then movement of livestock is restricted, until authorized by the commission through an agent of the commission, at the following locations:

(1) Livestock Market;

(2) Feedlots;

(3) Shows, Fairs and Exhibitions;

(4) Any premise where a caretaker for livestock has received written notice that movement restrictions are in place based on possible exposure to a disease as identified in §58.2 of this title (relating to Disease Control).

(g) Notice of Restrictions: Restricted movement from locations provided for in subsection (f) of this section are effective upon receipt of notice in accordance with §58.22 of this title (relating to Notice of Livestock Movement Restrictions).

(h) Statewide application or part of state: The movement restrictions contained in this section can be made effective for all or part of the state in order to protect against exposure from a disease as identified in §58.2 of this title (relating to Disease Control).

Source Note: The provisions of this §58.21 adopted to be effective December 11, 2001, 26 TexReg 10048