The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
(1) Adjacent premise--A premise that borders an exposed
or infested premise, including premises separated by roads, double
fences, or fordable streams. A premise that would normally be classified
as adjacent may be exempted from adjacent premise requirements by
a State or Federal epidemiologist if the premise is separated from
the exposed or infested premise by double fencing, sufficient to prevent
the spread of ticks, with one of the fences being game-proof.
(2) Animal--Any domestic, free-range, or wild animal
capable of hosting or transporting ticks capable of carrying Babesia,
including livestock; zebras, bison, and giraffes; and deer, elk, and
other cervid species.
(3) Certificate--A document authorizing movement of
livestock issued by an authorized representative of the commission
after the livestock have been treated in a manner prescribed by the
commission for the area and premise from which they originate.
(4) Check premise--A premise located in a tick eradication
quarantine area, temporary preventative quarantine area, or control
purpose quarantine area that is not classified as an infested, exposed,
or adjacent premise.
(5) Control purpose quarantine area--A premise or property
designated by the commission for a systematic inspection of livestock
and premises and control of the movement of livestock in order to
investigate and control a suspected exposure of animals to ticks outside
the tick eradication quarantine area. The boundaries of the area will
be determined by evaluation of the barriers to the potential spread
(6) Designated Fever Tick Epidemiologist (DFTE)--A
State or Federal epidemiologist designated to make decisions concerning
the use and interpretation of exposure to fever ticks and to manage
the Fever Tick program. The DFTE must be selected jointly by the Executive
Director of the Commission and the AVIC for Texas. The DFTE has the
responsibility to determine the scope of epidemiologic investigations,
determine the status of herds, assist in development of individual
herd plans, and coordinate fever tick surveillance and eradication
programs within his or her geographic area of responsibility. The
DFTE has authority to make independent decisions concerning the management
of herds and use of property and limiting the impact of wildlife when
those decisions are supported by sound fever tick eradication principles.
(7) Dipping or treating--If the Commission requires
livestock to be dipped, the livestock shall be submerged in a vat.
A spray-dip machine may be used in areas where a vat is not reasonably
available. Careful hand spraying may be used for easily restrained
horses and show cattle, and when specifically authorized, certain
zoo or domestic animals. Livestock unable to go through a dipping
vat because of size or physical condition may be hand sprayed. The
treatment must be paint marked so that it can be identified for at
least 17 days. If the Commission determines that free-ranging wildlife
and exotic animals, which are capable of hosting fever ticks, require
treatment, they shall be treated by methods and for the duration of
time approved by the Commission.
(8) Exposed livestock--Any of the following factors
shall constitute livestock as being exposed:
(A) Livestock that have entered an infested or exposed
premise and have not been dipped and removed from the infested or
exposed premise within 14 days after entry.
(B) Livestock that have occupied an exposed premise
and have not completed treatment required for movement from an exposed
(C) Livestock that have entered Texas from Mexico without
a certificate from the United States Department of Agriculture.
(9) Exposed premise--A premise shall be considered
exposed if systematic treatment has not been completed and if either
of the following conditions apply:
(A) Ticks have been found on livestock that have been
on the premise for less than 14 days.
(B) A premise that has received exposed livestock,
or equipment or material capable of carrying ticks from an infested
or exposed premise.
(10) Free area--An area designated by the commission
as being free of ticks or exposure to ticks. The extent of the area
will be determined by the appropriate barriers to the potential spread
(11) Game proof fence--A fence that has a minimum height
of eight feet, consisting of wire mesh of sufficiently small size
to prevent or impede the movement of domestic or exotic wildlife over,
under, or through the fenced area.
(12) Individual herd plan--A written disease management
plan that is developed by the herd or land owner(s) and/or their representative(s),
and a State or Federal DFTE to eradicate fever ticks or potential
exposure to fever ticks from an affected herd or property. The herd
plan will include appropriate treatment frequencies, treatments to
be employed, and any additional fever tick management or herd management
practices deemed necessary to eradicate fever ticks from the herd
or on an infected or exposed premise in an efficient and effective
manner. The plan must be approved by the Executive Director of the
Commission and AVIC, and have the concurrence of the DFTE.
(13) Infested livestock--Livestock shall be considered
infested if eradication treatment for movement from an infested premise
has not been completed and if either of the following conditions apply:
(A) Ticks have been found on livestock.
(B) Livestock which occupy a premise where ticks have
been found on livestock that have been on the premise more than 14
(14) Infested premise--A premise where ticks have been
found on livestock that have been on the premise for more than 14
days, and systematic treatment has not been completed.
(15) Livestock--Any domestic animal or any free ranging
animals found on a premise or captured wild animal that is capable
of hosting or transporting ticks capable of carrying babesia (the
causative agent of cattle tick fever), including, but not limited
to, cattle, horses, mules, jacks, jennets, zebras, buffalo, giraffe,
(16) Permit--A document issued by an authorized representative
of the commission allowing specified movement of livestock.
(17) Premise--An area which can be defined by boundaries
of recognizable physical barriers that prevent livestock from crossing
the boundaries under ordinary circumstances; or an area that livestock
do not ordinarily inhabit that the commission defines by recognizable
(18) Premise inspection--A routine inspection by an
authorized representative of the commission of premise boundaries
and the livestock within for the purpose of documenting exposure of
(19) Premise under vacation--A premise from which all
livestock have been removed as prescribed by the commission.
(20) Range inspection of livestock--An inspection of
livestock to see the animal close enough to detect ticks on the animal.
(21) Scratch inspection of livestock--An inspection
of livestock by an authorized representative of the commission in
an approved facility that allows the inspector to touch and see all
parts of the livestock.
(22) Temporary preventative quarantine area--An area
designated by the commission for systematic inspection and treatment
of livestock and premises, and control of movement of livestock, in
order to detect and eradicate infestation and exposure from infested
or exposed premises outside the tick eradication quarantine area.
The extent of the area will be determined by evaluating the barriers
to the potential spread of ticks. This is also designated as a "Blanket
(23) The commission--The Texas Animal Health Commission.
(24) Tick--Any tick capable of transmitting bovine
Babesiosis (cattle tick fever or bovine piroplasmosis).
(25) Tick eradication quarantine area--An area designated
by the commission for systematic inspection and treatment of livestock
and premises, and control of movement of livestock, in order to detect
and eradicate infestation from infested or exposed premises. The extent
of the area will be determined by evaluating the barriers to the potential
spread of ticks. This is the permanent quarantine area which is designated
in §§41.14 - 41.22 of this chapter (relating to Quarantine
Line; Defining and Establishing Tick Eradication Areas), and in the
United States Department of Agriculture Code of Federal Regulations
Part 72.5, parallel to the Rio Grande River, commonly known as the
buffer zone or systematic area.
(26) Treatment--A procedure or management practice
used on an animal to prevent the infestation of, control or eradicate
ticks capable of carrying Babesia.
|Source Note: The provisions of this §41.1 adopted to be effective June 23, 2002, 27 TexReg 5175; amended to be effective September 11, 2005, 30 TexReg 5321; amended to be effective November 2, 2010, 35 TexReg 9688; amended to be effective February 4, 2014, 39 TexReg 484