|(a) Dipping and treatment of livestock; general. All dipping 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) 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 (5) of this subsection. (2) 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 14-day schedule. (3) All scratch inspection and dipping 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. (4) 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. (5) The starting date for infested premises for Table I (Pasture Vacation Schedule, South of Highway 90) and Table II (Pasture 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 Vacation Schedule, South of Highway 90) and Table II (Pasture Vacation Schedule, North of Highway 90) may be obtained from the Texas Animal Health Commission, P.O. Box 12966, Austin, Texas 78711.
Attached Graphic (6) A dip is not official unless 100% of the livestock within the premise affected are dipped on schedule. (7) Free-ranging wildlife or exotics that are found on infested, exposed or vacated 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. (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; and (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 Procedures). (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