4 Tex. Admin. Code § 51.8

Current through Reg. 49, No. 43; October 25, 2024
Section 51.8 - Cattle
(a) Brucellosis requirements. All cattle must meet the requirements contained in § 35.4 of this title (relating to Entry, Movement, and Change of Ownership). Cattle which are parturient, postparturient or 18 months of age and over (as evidenced by the loss of the first pair of temporary incisor teeth), except steers and spayed heifers being shipped to a feedyard prior to slaughter, shall be officially individually identified with a permanent identification device prior to leaving the state of origin.
(b) Tuberculosis requirements.
(1) All beef cattle, bison and sexually neutered dairy cattle originating from a federally recognized accredited tuberculosis free state, or zone, as provided by Title 9 of the Code of Federal Regulations, Part 77, Section 77.8, or from a tuberculosis accredited herd are exempt from tuberculosis testing requirements.
(2) All beef cattle, bison and sexually neutered dairy cattle originating from a state or zone with anything less than a tuberculosis free state status and having an identified wildlife reservoir for tuberculosis or that have never been declared free from tuberculosis shall be tested negative for tuberculosis in accordance with the appropriate status requirements as contained in Title 9 of the Code of Federal Regulations, Part 77, Sections 77.10 through 77.19, prior to entry with results of this test recorded on the certificate of veterinary inspection. All beef cattle, bison and sexually neutered dairy cattle originating from any other states or zones with anything less than free from tuberculosis shall be accompanied by a certificate of veterinary inspection.
(3) All dairy breed animals, including steers and spayed heifers, shall be officially identified prior to entry into the state. All sexually intact dairy cattle, that are six months of age or older may enter provided that they are officially identified, and are accompanied by a certificate of veterinary inspection stating that they were negative to an official tuberculosis test conducted within 60 days prior to the date of entry. All sexually intact dairy cattle that are less than six months of age must obtain an entry permit from the commission, as provided in § 51.2(a) of this title (relating to General Requirements), to a designated facility where the animals will be held until they are tested negative at the age of two months to six months. Animals which originate from a tuberculosis accredited herd, and/or animals moving directly to an approved slaughtering establishment are exempt from the test requirement. Dairy cattle delivered to an approved feedlot for feeding for slaughter by the owner or consigned there and accompanied by certificate of veterinary inspection with an entry permit issued by the commission are exempt from testing unless from a restricted herd. In addition, all sexually intact dairy cattle originating from a state or area with anything less than a tuberculosis free state status shall be tested negative for tuberculosis in accordance with the appropriate requirements for states or zones with a status as provided by Title 9 of the Code of Federal Regulations, Part 77, Sections 77.10 through 77.19, for that status, prior to entry with results of the test recorded on the certificate of veterinary inspection.
(4) All "M" brand steers, which are recognized as potential rodeo and/or roping stock, being imported into Texas from another state shall obtain a permit, prior to entry into the state, in accordance with § 51.2(a) of this title and be accompanied by a certificate of veterinary inspection which indicates that the animal(s) were tested negative for tuberculosis within 12 months prior to entry into the state.
(5) All other cattle from foreign countries, foreign states, or areas within foreign countries defined by the Commission, with comparable tuberculosis status, would enter by meeting the requirements for a state with similar status as stated in paragraphs (1), (2), and (3) of this subsection.
(6) All sexually intact cattle, from any foreign country or part thereof with no recognized comparable Tuberculosis status.
(A) To be held for purposes other than for immediate slaughter or feeding for slaughter in an approved feedyard or approved pen, must be tested at the port of entry into Texas under the supervision of the port veterinarian, and shall be under quarantine on the first premise of destination in Texas pending a negative tuberculosis test no earlier than 120 days and no later than 180 days after arrival. The test will be performed by a veterinarian employed by the commission or APHIS/VS.
(B) When destined for feeding for slaughter in an approved feedyard, cattle must be tested at the port-of-entry into Texas under the supervision of the port veterinarian; moved directly to the approved feedyard only in sealed trucks; accompanied with a VS 1-27 permit issued by commission or USDA personnel; and "S" branded prior to or upon arrival at the feedlot.
(7) Cattle originating from Mexico.
(A) All sexually intact cattle shall meet the requirements provided for in paragraph (6) of this subsection.
(B) Steers and spayed heifers from Mexico shall meet the federal importation requirements as provided in Title 9 of the Code of Federal Regulations, Part 93, Section 93.427, regarding importation of cattle from Mexico. In addition to the federal requirements, steers and spayed heifers must be moved under permit to an approved pasture, approved feedlot, or approved pens.
(C) Cattle utilized as rodeo and/or roping stock shall meet the requirements set out in paragraph (6)(A) of this subsection and the applicable requirement listed in clauses (i) and (ii) of this subparagraph:
(i) All sexually intact cattle shall be retested annually for tuberculosis at the owner's expense and the test records shall be maintained with the animal and available for review.
(ii) All sexually neutered horned cattle imported from Mexico are recognized as potential rodeo and/or roping stock and must:
(I) be tested for tuberculosis at the port of entry under the supervision of the USDA port veterinarian;
(II) be moved by permit to a premise of destination and remain under Hold Order, which restricts movement, until permanently identified by methods approved by the commission, and retested for tuberculosis between 60 and 120 days after entry at the owner's expense. The cattle may be allowed movement to and from events/activities in which commingling with other cattle will not occur and with specific permission by the TAHC until confirmation of the negative post entry retest for tuberculosis can be conducted; and
(III) be retested for tuberculosis annually at the owner's expense and the test records shall be maintained with the animal and available for review.
(D) Regardless of reproductive status, test history, or Mexican State of origin, Holstein and Holstein cross cattle are prohibited from entering Texas.
(E) All cattle moved into Texas from Mexico shall be identified with an "M" brand prior to moving to a destination in Texas.
(F) A copy of the certificate issued by an authorized inspector of the United States Department of Agriculture, Animal and Plant Health Inspection Service, for the movement of Mexico cattle into Texas must accompany such animals to their final destination in Texas, or so long as they are moving through Texas.
(G) Any certificate, form, record, report, or chart issued by an accredited veterinarian for cattle that originate from Mexico, have resided in Mexico or are "M" branded shall include the statement, "the cattle represented on this document are of Mexican origin."
(c) Trichomoniasis Requirements:
(1) A breeding bull that is 12 months of age or older may enter the state provided the bull is officially identified as provided by § 38.1 of this title (relating to Definitions) and accompanied by a certificate of veterinary inspection stating the bull tested negative for Trichomoniasis with an official Real Time Polymerase Chain Reaction (RT-PCR) test as provided by § 38.6 of this title (relating to Official Trichomoniasis Tests) within 60 days prior to the date of entry.
(2) A breeding bull that is 12 months of age or older is exempt from the testing requirement of paragraph (1) of this subsection if the bull meets one of the following requirements:
(A) The bull enters on and is moved by a permit, issued prior to entry, from the commission, in accordance with § 51.2(a) of this title, for the purpose of participating at a fair, show, exhibition or rodeo, remains in the state for less than 60 days from the date of entry, and is isolated from female cattle at all times. The certificate of veterinary inspection shall include the entry permit number. A bull that is in this state on or after the 60th day from the date of entry shall test negative for Trichomoniasis with an official RT-PCR test.
(B) The bull enters on and is moved by a permit, issued prior to entry, from the commission, in accordance with § 51.2(a) of this title, directly to a feedyard that has executed a Trichomoniasis Certified Facility Agreement. The certificate of veterinary inspection shall include the entry permit number.
(C) The bull enters on and is moved by a permit, issued prior to entry from the commission, in accordance with § 51.2(a) of this title, directly to a facility that tests the gain and feed conversion of cattle (bull test station) that isolates the bull from female cattle at all times. The certificate of veterinary inspection shall include the entry permit number. The bull shall return to the out-of-state premises destination directly from the bull test station or test negative for Trichomoniasis with an official RT-PCR test.
(D) A Texas bull that is enrolled in an out-of-state facility that tests the gain and feed conversion of cattle (bull test station) and isolates the bull from female cattle at all times may move directly to the Texas premises of origin. The certificate of veterinary inspection shall state the bull was enrolled in a bull test station and was isolated from female cattle.
(E) The bull is enrolled at an out-of-state semen collection facility, which complies with Certified Semen Services Minimum Requirements for Disease Control of Semen Produced for Artificial Insemination, that isolates the bull from female cattle at all times and the bull is moved directly from a semen collection facility into the state. The certificate of veterinary inspection shall state the bull was enrolled in a semen collection facility and was isolated from female cattle.
(F) The bull originates from a herd that is enrolled in a Certified Trichomoniasis Free Herd Program or other certification program that is substantially similar, as determined by the Executive Director, to the program requirements provided by § 38.8 of this title (relating to Herd Certification Program--Breeding Bulls).
(G) The bull enters from a premises of origin (farm, ranch, or dairy where the bull has been raised or maintained for breeding purposes) and moves directly to a federally approved livestock market with an owner shipper statement and does not require an entry permit or CVI.
(H) The bull enters from other than a premises of origin and is moved by a permit, issued prior to entry from the commission, in accordance with § 51.2(a) of this title, directly to a federally approved livestock market that isolates the bull from female cattle at all times and the bull is Trichomoniasis tested as required by § 38.2 of this title (relating to General Requirements). The certificate of veterinary inspection shall include the entry permit number.
(3) Female cattle 12 months of age or older that originate from a known Trichomoniasis positive herd, or exposed to a known Trichomoniasis positive bull, may not enter the state unless the animal is officially identified and enters on and is moved by a permit, issued prior to entry from the commission, in accordance with § 51.2(a) of this title, directly to an approved slaughtering establishment. The certificate of veterinary inspection shall include the entry permit number and a statement that the animal is Trichomoniasis exposed.
(4) All breeding bulls entering from a foreign country shall enter on and be moved by a permit, issued prior to entry from the commission, in accordance with § 51.2(a) of this title, to a premises of destination in Texas and shall be placed under Hold Order and officially tested for Trichomoniasis with not less than three official culture tests conducted not less than seven days apart, or an official RT-PCR test, within 30 days after entry into the state. All bulls shall be isolated from female cattle at all times until tested negative for Trichomoniasis. The Hold Order shall not be released until all other post entry disease testing requirements have been completed. All bulls tested for Trichomoniasis shall be officially identified at the time the initial test sample is collected. The identification shall be recorded on the test documents.

4 Tex. Admin. Code § 51.8

The provisions of this §51.8 adopted to be effective June 3, 2002, 27 TexReg 5182; amended to be effective March 16, 2005, 30 TexReg 1439; amended to be effective September 11, 2005, 30 TexReg 5322; amended to be effective March 4, 2007, 32 TexReg 753; amended to be effective October 14, 2007, 32 TexReg 7043; amended to be effective August 25, 2008, 33 TexReg 6795; amended to be effective April 1, 2009, 34 TexReg 1985; amended to be effective October 15, 2009, 34 TexReg 7066; amended to be effective November 2, 2010, 35 TexReg 9691; amended to be effective August 14, 2011, 36 TexReg 5091; amended to be effective February 5, 2013, 38 TexReg 497; amended to be effective February 4, 2014, 39 TexReg 490;amended to be effective June 3, 2014, 39 TexReg 4240; amended by Texas Register, Volume 39, Number 40, October 3, 2014, TexReg 7915, eff. 10/9/2014; Amended by Texas Register, Volume 40, Number 43, October 23, 2015, TexReg 7401, eff. 10/28/2015; Amended by Texas Register, Volume 42, Number 36, September 8, 2017, TexReg 4614, eff. 9/12/2017; Amended by Texas Register, Volume 43, Number 35, August 31, 2018, TexReg 5673, eff. 9/3/2018; Amended by Texas Register, Volume 48, Number 19, May 12, 2023, TexReg 2481, eff. 5/17/2023