Section 35.4 - Entry, Movement, and Change of Ownership(a) Requirements for cattle from foreign countries without comparable brucellosis status that enter and remain in Texas. (Note: Cattle from foreign countries with comparable brucellosis status would enter by meeting the requirements for a state with similar status.) (1) Permit requirement. Sexually intact cattle must obtain an "E" permit from the Texas Animal Health Commission prior to moving to a destination in Texas other than direct to slaughter, quarantined feedlot, or designated pens. The permit number must be entered on the Importation Certificate (VS Form 17-30) and a copy of that certificate forwarded to the Commission's office in Austin immediately following issuance.(2) Branding requirements. (A) Sexually intact cattle destined for a quarantined feedlot or designated pen must be "S"-branded prior to or upon arrival at the quarantined feedlot or designated pen.(B) Spayed heifers shall be identified by branding prior to entry as specified in § RSA 35.1 of this title (relating to Definitions).(3) Vaccination requirement. Nonvaccinated sexually intact female cattle between four and 12 months of age entering for purposes other than immediate slaughter or feeding for slaughter in a quarantined feedlot or designated pen shall be placed under quarantine on arrival and officially brucellosis vaccinated as outlined in §RSA 35.2(m) of this title (relating to General Requirements). The quarantine may be released after meeting test requirements.(4) Testing requirements for bulls entering for purposes other than immediate slaughter or feeding in a quarantined feedlot or designated pen. Bulls entering for purposes other than immediate slaughter or feeding in a quarantined feedlot or designated pen shall be tested at the port of entry into Texas under the supervision of the port veterinarian, and placed under quarantine and retested 120 to 180 days after arrival. The quarantine will be released following a negative brucellosis test.(5) Testing requirements for females entering for purposes other than immediate slaughter or feeding in a quarantined feedlot or designated pen. All sexually intact female cattle entering for purposes other than immediate slaughter or feeding for slaughter in a quarantined feedlot or designated pen shall be tested at the port of entry into Texas under the supervision of the port veterinarian, and placed under quarantine on arrival and retested for brucellosis in no less than 120 days nor more than 180 days after arrival for release of the quarantine; however, if the sexually intact female cattle have not had their first calf prior to the 120 to 180 day post entry test, the quarantine will not be released until a second negative test for brucellosis is conducted no sooner than 30 days after the animal has had its first calf and the second negative test has been confirmed.(6) Testing requirements for sexually intact cattle moving directly to a quarantined feedlot or designated pen. All sexually intact cattle destined for feeding for slaughter in a quarantined feedlot or designated pen must be tested at the port of entry into Texas under the supervision of the port veterinarian. These cattle must be "S"-branded prior to or upon arrival at the quarantined feedlot or designated pen, and may move to the quarantined feedlot or designated pen only in sealed trucks with a VS 1-27 permit issued by a representative of TAHC or USDA.(7) Responsibility for costs. All costs of calfhood vaccination, testing, and retesting shall be borne by the owner.(b) Requirements for cattle entering Texas from otherstates. (1) Vaccination. All non vaccinated female cattle between four and 12 months of age shall be officially vaccinated prior to entry. Exceptions to these vaccination requirements are: (A) Female cattle entering for purposes of shows, fairs and exhibitions and returning to their original location.(B) Female cattle moving within commuter herds.(D) Female cattle from free states.(E) Female cattle from other than free states shall be vaccinated as follows: (i) Entering from an out-of-state farm of origin will be accompanied by a waybill to a Texas market, a feedlot for feeding for slaughter, or direct to slaughter. These cattle may be vaccinated at the market at no expense to the state prior to leaving the market and be moved freely. If these cattle are not vaccinated at the market, then they shall be consigned from the market only to a feedlot for feeding for slaughter or direct to slaughter, accompanied by an "S" permit. If consigned to a feedlot, they shall also be "F" branded high on the tail-head prior to or upon entering the feedlot.(ii) Entering from an out-of-state livestock market to a Texas livestock market, a feedlot for feeding for slaughter or direct to slaughter will be accompanied by an "S" brand permit or certificate of veterinary inspection. Individual identification is not required. These cattle may be vaccinated at no expense to the state prior to leaving the market and be moved freely. If these cattle are not vaccinated at the market, then they shall be consigned from the market only to a feedlot for feeding for slaughter, or direct to slaughter, and accompanied by an "S" permit. If consigned to a feedlot, they shall also be "F" branded high on the tail-head prior to or upon entering the feedlot.(iii) Entering from any out-of-state location and destined for a Texas premise may enter on a calfhood vaccination permit and must be vaccinated at no expense to the state within 14 days after arriving at the premise of destination.(2) Testing. All non-quarantined cattle that are parturient or post parturient or that are 18 months of age and over (as evidenced by the loss of the first pair of temporary incisor teeth), except steers and spayed heifers entering Texas:(A) shall be moved directly from:(i) a class free state or area; or(ii) a certified free herd; or(iii) a commuter herd as defined in these sections; or(B) Cattle not from class free states or areas, certified brucellosis free herds, or commuter herds shall be "S"-branded and moved directly to a quarantined feedlot, to designated pens, or to slaughter, accompanied with an "S" permit, or moved directly from a farm of origin to a USDA specifically approved livestock market to be "S"-branded and moved directly to a quarantined feedlot, to designated pens, or to slaughter accompanied with an "S" permit; or(C) shall be tested negative one or more times as described in this subparagraph: (i) cattle from a Class "A" state or area shall: (I) be tested negative within 30 days prior to entry; or(II) be moved directly from a farm of origin to a USDA specifically approved livestock market for a negative test prior to sale;(ii) cattle from a class "B" state or area shall:(I) be tested negative within 30 days prior to entry, accompanied with an "E" permit, and held under quarantine for a negative retest 45-120 days at a farm, ranch, or feedlot; or(II) be moved directly from a farm of origin to a USDA specifically approved livestock market for a negative test and held under quarantine for a negative retest 45-120 days after sale to a farm, ranch, or feedlot.(c) Change of ownership within Texas. It is recommended that all female cattle between four and 12 months of age being purchased or sold for use in grazing, breeding, or dairying operations be officially vaccinated.(d) Movement to Mexico. All cattle 18 months of age and older except steers and spayed heifers must be tested negative within 120 days prior to export to Mexico for slaughter. Steers, spayed heifers, and feedlot finished bulls and heifers are not required to be tested prior to export. Test results must be recorded on the Certificate of Veterinary Inspection.4 Tex. Admin. Code § 35.4
The provisions of this §35.4 adopted to be effective September 27, 1983, 8 TexReg 3616; amended to be effective March 21, 1984, 9 TexReg 1435; amended to be effective November 5, 1984, 9 TexReg 5477; amended to be effective July 11, 1985, 10 TexReg 2119; amended to be effective December 5, 1985, 10 TexReg 4523; amended to be effective May 23, 1986, 11 TexReg 2180; amended to be effective August 12, 1986, 11 TexReg 3437; amended to be effective November 10, 1986, 11 TexReg 4482; 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 TexReg602; amended to be effective July 11, 1988, 13 TexReg 3223; amended to be effective September 20, 1989, 14 TexReg 4471; amended to be effective October 9, 1992, 17 TexReg 6443; amended to be effective December 18, 1992, 17 TexReg 8288; amended to be effective February 16, 1993, 18 TexReg 580; amended to be effective July 15, 1993, 18 TexReg 4235; amended to be effective September 17, 1993, 18 TexReg 5837; 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 5476; amended to be effective May 31, 1995, 20 TexReg 3325; amended to be effective October 22, 1995, 20 TexReg 7974; amended to be effective September 30, 1996, 21 TexReg 8216; amended to be effective April 16, 1997, 22 TexReg 3397; amended to be effective September 6, 1998, 23 TexReg 8828; amended to be effectiveDecember 24, 2000, 25 TexReg 12376; amended to be effective April 8, 2001, 26 TexReg 2533; amended to be effective June 23, 2002, 27 TexReg 5167; amended to be effective April 9, 2003, 28 TexReg 2923; amended to be effective July 13, 2010, 35 TexReg 6061; amended to be effective July 2, 2012, 37 TexReg 4859; amended to be effective February 2, 2013, 38 TexReg 493; amended to be effective October 7, 2013, 38 TexReg 6908; Amended by Texas Register, Volume 48, Number 19, May 12, 2023, TexReg 2477, eff. 5/17/2023