Section 38.1 - DefinitionsThe following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise.
(1) Accredited Veterinarian--A licensed veterinarian who is approved to perform specified functions required by cooperative state-federal disease control and eradication programs pursuant to Title 9 of the Code of Federal Regulations, Parts 160 and 161.(2) Affected Herd--A herd in which any cattle have been classified as Tritrichomonas foetus positive on an official test and has not completed the requirements for elimination of the disease from the herd.(3) Cattle--All dairy and beef animals (genus Bos), excluding bison (genus Bison).(4) Certified Veterinarians--Veterinarians certified with, and approved by the commission to collect Trichomoniasis samples for official Trichomoniasis testing and to perform any other official function under the Trichomoniasis program. To be a certified veterinarian, a veterinarian must meet the requirements and have authorized personnel status as listed in Chapter 47 of this title (related to Authorized Personnel).(5) Commission--The Texas Animal Health Commission, or its designee.(6) Executive Director--The Executive Director of the Texas Animal Health Commission, or the Executive Director's designee.(7) Exempt Cattle (from testing requirements)--Cattle that have been physically rendered incapable of intromission at a facility recognized by the commission.(8) Exposed Cattle--Cattle that are part of an affected herd or cattle that have been in contact with Trichomoniasis infected cattle.(9) 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. Approved feedlots and approved pastures are not considered to be herds.(10) Herd Test--An official test of all non-virgin bulls in a herd.(11) Hold Order--A document restricting movement of a herd, unit, or individual animal pending the determination of disease status.(12) Infected Cattle--Any cattle determined by an official test or diagnostic procedure to be infected with Trichomoniasis or diagnosed by a veterinarian as infected.(13) Infected Herd--The non-virgin bulls in any herd in which any cattle have been determined by an official test or diagnostic procedure to be infected with Trichomoniasis or diagnosed by a veterinarian as being infected.(14) Movement Permit--Authorization for movement of infected or exposed cattle from the farm or ranch of origin through marketing channels to slaughter or for movement of untested animals to a location where the animals will be held under hold order until testing has been accomplished.(15) Movement Restrictions--A "Hold Order," "Quarantine," or other written document issued or ordered by the commission to restrict the movement of livestock or exotic livestock.(16) Negative--Cattle that have been tested with official test procedures and found to be free from infection with Trichomoniasis.(17) Official Identification/Officially Identified--The identification of livestock by means of an official identification device, official eartag, registration tattoo, or registration brand, or any other method approved by the commission and/or Administrator of the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) that provides unique identification for each animal. Official identification includes USDA alpha-numeric metal eartags (silver bangs tags), 840 Radio-frequency identification (RFID) tags, 840 bangle tags, official breed registry tattoos, and official breed registry individual animal brands.(18) Official Trichomoniasis Test--A test for bovine Trichomoniasis, approved by the commission, applied and reported by TVMDL or any other laboratory approved as an official laboratory by the commission. The test document is valid for 60 days, provided the bull is isolated from female cattle at all times, and may be transferred within that timeframe with an original signature of the consignor.(19) Official Laboratory Pooled Trichomoniasis test samples--Up to five samples individually collected by a veterinarian and packaged and submitted to an official laboratory which can then pool the samples for polymerase chain reaction (PCR) testing only.(20) Positive--Cattle that have been tested with official test procedures and found to be infected with Trichomoniasis.(21) Quarantine--A written commission document or a verbal order followed by a written order restricting movement of animals because of the existence of or exposure to Trichomoniasis. The commission may establish a quarantine on the affected animals or on the affected place. The quarantine of an affected place may extend to any affected area, including a county, district, pasture, lot, ranch, farm, field, range, thoroughfare, building, stable, or stockyard pen. The commission may establish a quarantine to prohibit or regulate the movement of any article or animal that the commission designates to be a carrier of Trichomoniasis and/or an animal into an affected area, including a county district, pasture, lot, ranch, farm, field, range, thoroughfare, building, stable, or stockyard pen.(22) Registered Breeding Cattle--Cattle that belong to a breed registry, which maintains an official list of animals within a specific breed for which there is an association of unique identification for each head of cattle.(23) Test-Eligible Cattle--All sexually intact non-virgin male cattle and all sexually intact male cattle which have erupting or erupted permanent incisor teeth (or older), which are being sold, leased, gifted or exchanged in the state of Texas for breeding purposes.(24) Trichomoniasis--A venereal disease of cattle caused by the organism Tritrichomonas foetus.(25) TVMDL--The official laboratory for testing is the Texas A&M Veterinary Medical Diagnostic Laboratory.(26) Virgin Bull--Sexually intact male registered breeding cattle which have not serviced a cow and which are not more than 18 months of age as determined by the eruption of the two permanent central incisors or birth date on breed registry papers certified by the breeder; or not more than 30 months of age and certified by both the breeder based on birth date and confirmed by his veterinarian that the bull facility is sufficient to prevent contact with female cattle. The virgin certification by the breeder is valid for 60 days, provided the bull is isolated from female cattle at all times, and may be transferred within that timeframe with an original signature of the consignor.4 Tex. Admin. Code § 38.1
The provisions of this §38.1 adopted to be effective January 1, 2010, 34 TexReg 1977; amended to be effective November 2, 2010, 35 TexReg 9687; amended to be effective August 14, 2011, 36 TexReg 5090; amended to be effective February 5, 2013, 38 TexReg 494; amended by Texas Register, Volume 39, Number 40, October 3, 2014, TexReg 7911, eff. 10/9/2014; Amended by Texas Register, Volume 40, Number 43, October 23, 2015, TexReg 7395, eff. 10/28/2015; Amended by Texas Register, Volume 41, Number 53, December 30, 2016, TexReg 10554, eff. 1/2/2017; Amended by Texas Register, Volume 44, Number 39, September 27, 2019, TexReg 5611, eff. 10/6/2019; Amended by Texas Register, Volume 47, Number 51, December 23, 2022, TexReg 8525, eff. 12/27/2022