|(a) Dipping and treatment of livestock; general. All
dipping and treatment prescribed in this section must be done under
the supervision of a representative authorized by the commission.
The commission will authorize for use in dipping only those dips that
have been approved by the Animal and Plant Health Inspection Service
of the United States Department of Agriculture and the Texas Animal
Health Commission for use in official dipping to rid animals of the
tick. The concentration of the dipping chemical used must be maintained
in the percentage specified for official use by means of the approved
vat management techniques established for the use of the agent; or,
if applicable, by an officially approved vat side test or field test
of the commission. The owner or caretaker of the livestock is responsible
for presenting the livestock to the dipping vat, dipping the livestock,
and removing the livestock, and will provide such labor as is necessary
to perform all required functions. 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. The commission
may specifically authorize other treatment methods for free-ranging
wildlife or exotic species.
(b) Required Dipping or treatment of Livestock.
(1) Dipping Requirements:
(A) The owner or caretaker of livestock on infested
or exposed premises in the tick eradication quarantine area, or infested
or exposed premises in the temporary preventative quarantined area
must present them to be scratch inspected and dipped with subsequent
dipping every seven to 14 days until the livestock are moved from
the premise in accordance with these regulations, except as provided
in paragraph (3)(B) of this subsection.
(B) The 14-day interval may be extended due to circumstances
beyond the control of the owner upon approval by an authorized representative
of the commission. In no event will the extension be more than three
days. If the extension is granted, no certificate for movement will
be issued after the 14th day, and the next dip must be on the original
(C) The scratch inspection and first dip must be within
14 days from the date infestation or exposure is discovered unless
otherwise approved by the commission.
(2) Authorized Treatment Requirements:
(A) Following the first clean dipping of 100% of the
livestock, the cattle may be treated with injectable doramectin in
lieu of systematic dipping. The owner or caretaker of cattle on an
infested or exposed premise must present them to be scratch inspected
and treated with injectable doramectin every 25-28 days until the
livestock are moved from the premises in accordance with these regulations,
except as provided in paragraph (3)(B) of this subsection.
(B) Treatment of doramectin shall by administered by
subcutaneous injection by a representative of the commission.
(C) The owner or caretaker must comply with the slaughter
withholding period (35 days) of doramectin by holding cattle at the
premise of origin until the withdrawal period has been completed.
(3) Requirements for Dipping and Treatment:
(A) All scratch inspection and dipping or treatment
must be done under instructions issued by the commission. All requirements
will be in written form directed to the owner or caretaker. An inspector
for the commission will deliver the instructions in person along with
a copy of these regulations. All premise boundaries will be listed
in the instructions.
(B) The starting date for infested premises for Table
I (Pasture Treatment or Vacation Schedule, South of Highway 90) and
Table II (Pasture Treatment or Vacation Schedule, North of Highway
90), is the date of the first clean dipping of 100% of the livestock.
The starting date for exposed premises for Table I and Table II is
when 100% of the livestock on the premise have been dipped. Copies
of Table I (Pasture Treatment or Vacation Schedule, South of Highway
90) and Table II (Pasture Treatment or Vacation Schedule, North of
Highway 90) may be obtained from the Texas Animal Health Commission,
P.O. Box 12966, Austin, Texas 78711.
(C) A dip or treatment is not official unless 100%
of the livestock within the premise affected are dipped or treated
(D) Free-ranging wildlife or exotic livestock that
are found on infested or exposed premises, and which are capable of
hosting fever ticks will be treated by methods approved by the commission
and for the length of time specified by the commission.
(i) Ivermectin medicated corn may be administered to
free-ranging wildlife or exotic livestock by a representative of the
commission following the close of the hunting season, provided that
treatment is terminated at least 60 days prior to the beginning of
the next hunting season to comply with the required withdrawal period.
(ii) Permethrin impregnated roller devices may be used
for topical treatment of free-ranging wildlife or exotic livestock
during periods when ivermectin medicated corn is not administered.
The commission may specify the use of other pesticides for treatment
of wildlife or exotic livestock when deemed necessary to control and
eradicate fever ticks.
(c) Each premise within a tick eradication quarantine
area, temporary preventative quarantine area, or control purpose quarantine
area will be classified by the commission as an infested, exposed,
adjacent, or check premise and is required to execute a herd management
plan and remain under restrictions until the no evidence of fever
ticks is disclosed or a complete epidemiologic investigation fails
to disclose evidence of exposure to fever ticks, with the concurrence
of the DFTE. A person may protest an initial test or a herd plan for
each premise classified as increased risk for fever ticks.
(1) To protest, the responsible person must request
a meeting, in writing, with the Executive Director of the commission
within 15 days of receipt of the herd plan or notice of an initial
test and set forth a short, plain statement of the issues that shall
be the subject of the protest, after which:
(A) the meeting will be set by the Executive Director
no later than 21 days from receipt of the request for a meeting;
(B) the meeting or meetings shall be held in Austin;
(C) the Executive Director shall render his decision
in writing within 14 days from date of the meeting.
(2) Upon receipt of a decision or order by the executive
director which the herd owner wishes to appeal, the herd owner may
file an appeal within 15 days in writing with the Chairman of the
commission and set forth a short, plain statement of the issues that
shall be the subject of the appeal.
(3) The subsequent hearing will be conducted pursuant
to the provisions of the Administrative Procedure and Texas Register
Act, and Chapter 32 of this title (relating to Hearing and Appeal
(4) If the Executive Director determines, based on
epidemiological principles, that immediate action is necessary, the
Executive Director may shorten the time limits to not less than five
days. The herd owner must be provided with written notice of any time
limits so shortened.
|Source Note: The provisions of this §41.8 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