Texas HB 2328

Hd 2328 Meeting
Message: TEXAS ANIMAL HEALTH COMMISSION
?SERVING TEXAS SINCE 1893?
Bob Hillman, D.V.M. COMMISSIONERS:
Executive Director
Richard C. Traylor
P. O. Box 12966
Chairman
Austin, Texas 78711-2966
James Quincy Barnes, Jr.
2105 Kramer Lane
Tommy I. Bozka
Austin, Texas 78758
Ron Davenport
Reta K. Dyess
Phone: (512) 719-0700
William Edmiston, Jr., D.V.M.
(800) 550-8242
Rogelio (Roy) Martinez
Romulo Rangel, Jr., D.V.M.
Fax: (512) 719-0719 Charles E. (Chuck) Real
Charles R. (Dick) Sherron, M.D.
http://www.tahc.state.tx.us Jerry P. Windham
Jill Bryar Wood
MEMORANDUM
FROM: Dr. Max Coats, Deputy Director for Animal Health Program
DATE: August 19, 2003
RE: Discussion Paper for a Registration Program for Domestic and Exotic Fowl
BACKGROUND:
During this last legislative session H.B. 2328 was passed and signed into law. It
authorizes the Commission to register domestic and exotic fowl sellers, distributors, or
transporters who do not participate in disease surveillance programs recognized by the
Commission.
The passage of H.B. 2328 has created a lot of discussion amongst the various fowl
interest groups regarding the extent of requirements for the program. A number of
inquires have been made to the agency trying to determine the scope of the program as
well as to have input into the rules process. The purpose of this document is to serve as
a discussion document with the various potentially impacted groups/industries. Also
included with this paper is response to frequently asked questions as well as some of
existing statutory authority by the Commission in Chapter 161 and 168 of the Texas
Agriculture Code.
DISCUSSION:
The primary purpose of the program is to ensure that the various type of fowl being sold
or transported throughout this state do not pose a disease risk which could devastate the
various Texas fowl industries. Many factors can expose Texas livestock, poultry, or
wildlife to the risk of infection by contagious diseases. With increasing consolidation in
the farm and ranch industry, large numbers of animals are kept and sold in close
quarters, creating a situation in which animal diseases can spread more quickly. Besides
jeopardizing the commercial poultry industry, contagious diseases also can pose a threat
to the caged-bird industry and poultry hobbyists.
Birds smuggled illegally into the United States bypass the quarantining and testing
procedures of the U.S. Department of Agriculture (USDA). If a bird is carrying a foreign virus, owners and animal health officials may not discover the infection until an
outbreak occurs. Because Texas has the longest contiguous state border with a foreign
country, it is at increased risk for the introduction of a foreign animal disease.
Texas poultry are vulnerable to at least two fast-spreading diseases: exotic Newcastle
disease (END) and avian influenza (AI). Both High Path AI and END are diseases which
are considered to be a "foreign animal diseases," which means they are not native to the
United States. END is a high-pathogenic disease, meaning it causes high mortality, while
AI has both a low-pathogenic and a high-pathogenic strain. When an outbreak of anyone
of these diseases occurs then international trade agreements may ban the affected areas
from international trade until they get a clean bill of health.
For example, last May, 300,000 Texas chickens were put to death because of an outbreak
of low-pathogenic AI. On April 10, an outbreak of END was confirmed in a backyard
flock near El Paso, resulting in the imposition of state and federal quarantines on five
counties in Texas and New Mexico. Since October 2002, the state of California has had to
kill 3.5 million birds to stop an END outbreak there; the disease also has appeared in
Nevada and Arizona. Nearly 800 flocks in El Paso and surrounding counties were
tested, and about 2,000 diseased or exposed backyard birds were euthanized to stop the
spread of the END virus. As of Wednesday, August 13, the last quarantine was released.
The Commission is responsible for protecting all livestock, domestic animals, domestic
and exotic fowl from communicable diseases recognized by the veterinary profession.
Texas is currently experiencing problems with diseases in poultry. H.B. 2328 empowers
the Commission to regulate domestic and exotic fowl sellers, distributors, or
transporters who do not participate in disease surveillance programs recognized by the
Commission in order to ensure against exposure and spread of avian diseases.
The purpose of the registration program is to ensure that seller, transporters and
distributors of fowl, which have the ability to expose poultry to diseases are registered
or participate in a disease surveillance program to minimize spreading of the diseases.
USDA is currently expanding the ability for various fowl species to participate in the
National Poultry Improvement Plan and thereby allowing more fowl to participate in an
acceptable disease monitoring program.
The USDA, Animal and Plant Health Inspection Service (APHIS) have published
proposed changes for their requirements regarding "National Poultry Improvement
Plan and Auxiliary Provisions" as found in 9 CFR Parts 82, 145, and 147. The proposed
changes were published in the Federal Register, May 23, 2003 (Volume 68, Number
100,Page 28169-28175, [Docket No. 03-017-1]). They are proposing to amend the National
Poultry Improvement Plan (the Plan) and its auxiliary provisions by providing new or
modified sampling and testing procedures for Plan participants and participating flocks.
The Plan is a cooperative Federal-State-industry mechanism for controlling certain
poultry diseases. Participation in all Plan programs is voluntary, but flocks, hatcheries,
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and dealers must first qualify as ??U.S. Pullorum-Typhoid Clean?? as a condition for
participating in the other Plan programs. USDA has proposed to add new U.S. Avian
Influenza Clean programs to the regulations governing turkey breeding flocks and
products and to the regulations governing waterfowl, exhibition poultry, and game
breeding flocks and products. Both of these programs are modeled on the existing U.S.
Avian Influenza Clean program for meat type chicken breeding flocks and products. Like
the U.S. Avian Influenza Clean program for meat type chicken breeding flocks and
products, the programs for turkey breeding flocks and products and waterfowl, exhibition
poultry, and game breeding flocks and products would require that a sample of at least 30
birds must test negative for antibodies to avian influenza, as indicated by the agar gel
immunodiffusion test. Both of these U.S. Avian Influenza Clean programs will provide
flock-owners of fowl, other than poultry, with an optional way to be exempted from
registration with the Commission by registering under this expanded USDA-APHIS
Program.
Currently USDA provides federal indemnity payments to poultry producers who lose
their flocks to high-pathogenic foreign poultry diseases. Federal indemnity is not yet
available to poultry producers for low-pathogenic diseases. A proposed federal program
currently is being developed by USDA for low-pathogenic AI. It would provide assistance
in indemnifying poultry producers affected by the disease, if the state participated in the
disease surveillance program.
The expected federal program would encompass both commercial and live bird marketing
systems. Participation is expected to provide access to federal indemnity for birds and
other losses associated with control/eradication activities. Part of the recommendation
being considered by USDA would place requirements on poultry producers, auctions,
dealers, wholesalers, haulers and live bird markets. This legislation will provide the
Commission the necessary authority to regulate these activities to the extent necessary to
participate in the expected federal program.
The expected program would require those producers that provide birds to live bird
markets to participate in a disease monitoring program. Mandatory producer registration
with the state and use of premise identification are included in the current
recommendation to USDA. In addition, producers, auctions, dealers, wholesalers and
poultry haulers would be required to be licensed by the state.
Principle action will be focused on parties and practices by producers, dealers,
wholesalers, haulers, auctions and live bird markets dealing with poultry, however,
because many avian diseases of significance can infect both domestic and exotic fowl,
those nodes of activity where these segments come together may be impacted by new
regulations. The Commission is charged under current statutes with broad general
responsibility and authority to eradicate or control diseases or agents of transmission of
diseases affecting livestock, exotic livestock, domestic fowl or exotic fowl. These actions
are based on regulations made by the Commission and this assures opportunity for input
to that process by the public.
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FREQUENTLY ASKED QUESTIONS:
(1) Why is this legislation necessary?
A new federal program to control and eradicate Low Pathogenic Avian
Influenza is anticipated prior to next session. The expected program would
encompass both commercial and live bird marketing systems. Participation is
expected to provide access to federal indemnity for birds and other losses
associated with control/eradication activities.
Part of the recommendation being considered by USDA would place
requirements on poultry producers, auctions, dealers, wholesalers, haulers and
live bird markets. This legislation will provide the Texas Animal Health
Commission (TAHC) the necessary authority to regulate these activities to the
extent necessary to participate in the expected federal program.
(2) Why are the current statutes not adequate?
This change is believed desirable to provide clarity and focus. The expected
program would require those producers that provide birds to live bird markets
to participate in a disease monitoring program.
Mandatory producer registration with the state and use of premise
identification are included in the current recommendation to USDA.
In addition, producers, actions, dealers, wholesalers and poultry haulers would
be required to be registered by the state.
(3) What do you expect the principle focus of TAHC.s activity or regulation to
be under this Bill?
Principle action will be focused on parties and practices by producers, dealers,
wholesalers, haulers, auctions and live bird markets dealing with poultry.
(4) There have been some concerns and questions raised related to action as a
result of this legislation that would negatively impact the exotic fowl industry.
How would you respond to these concerns?
As mentioned, I anticipate the principle impact to be on the domestic fowl
industry, however, because many avian diseases of significance can infect both
domestic and exotic fowl, those nodes of activity where these segments come
together may be impacted by new regulations. As you know, TAHC is charged
under current statutes with broad general responsibility and authority to
eradicate or control diseases or agents of transmission of diseases affecting
livestock, exotic livestock, domestic fowl or exotic fowl. These actions are based
on regulations made by the Commission and this assures opportunity for input
to that process by the public.
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(5) Do you expect there to be new requirements, for example on feed stores that
sell baby poultry?
If the retailer handles only baby poultry from NPIP Hatcheries, I would not
expect any new requirements, however, if they also buy/sell/trade other classes
of poultry, some new rules may develop.
(6) How about pet shops?
I would not expect pet stores to be negatively impacted as a result of this Bill if
they only handle pet birds.
(7) How about individual pet owners?
The legislation is not intended to impact individual pet owners for the purpose of
registration. This legislation is focused on addressing issues where dealers or
sellers co-mingle pet birds with poultry.
(8) Do you expect to have new regulations that impact shows/fairs/exhibitions
as a result of this legislation?
No. The Commission has had long standing entry requirements intended to be
protective of fowl gathering together for the purpose of showing them and as
such the entry requirements are not expected to change in response to a
registration program.
(9) What about the recent intentions of USDA to include birds in their Animal
Welfare Registration program?
USDA through their Animal Care program establishes standards of humane
animal care and treatment and to monitor and achieve compliance with the
Animal Welfare Act through inspections, education, and cooperative efforts. This
legislation is not intended to address animal care but rather focused on disease
prevention among fowl.
(10) How will someone who maintains a private poultry flock be affected by this
program?
This program is not focused on people who have poultry flocks but rather on
people who are in the business of selling them. If a person is raising poultry and
only is engaged in limited private treaty sales of poultry then this program would
not apply.
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CHAPTER 161 TEXAS AGRICULTURE CODE
§ 161.001. Definitions
In this chapter:
(1) "Animal" includes livestock, exotic livestock, domestic fowl, and exotic fowl.
(5) "Exotic fowl" means any avian species that is not indigenous to this state. The term
includes ratites.
§ 168.001. Definitions
In this chapter:
(1) "Commission" means the Texas Animal Health Commission.
(2) "Laboratory" means the Texas Veterinary Medical Diagnostic Laboratory.
(3) "Flock" means poultry and eggs produced by poultry.
(4) "Hatchery" means an enterprise that operates equipment for the hatching of eggs.
(5) "Poultry" means domestic fowl, including chickens, turkeys, and game birds.
§ 161.041. Disease Control
(a) The commission shall protect all livestock, domestic animals, and domestic fowl from
the following:
(1) tuberculosis;
(2) anthrax;
(3) glanders;
(4) infectious abortion;
(5) hemorrhagic septicemia;
(6) hog cholera;
(7) Malta fever;
(8) foot-and-mouth disease;
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(9) rabies among animals other than canines;
(10) bacillary white diarrhea among fowl;
(11) equine infectious anemia; and
(12) other diseases recognized as communicable by the veterinary profession.
(b) The commission may act to eradicate or control any disease or agent of transmission
for any disease that affects livestock, exotic livestock, domestic animals, domestic fowl,
exotic fowl, or canines regardless of whether the disease is communicable. The
commission may adopt any rules necessary to carry out the purposes of this subsection,
including rules concerning testing, movement, inspection, and treatment.
(c) A person commits an offense if the person knowingly fails to handle, in accordance
with rules adopted by the commission, an animal infected with a disease listed in
Subsection (a) of this section.
§ 161.043. Regulation of Exhibitions
The commission may regulate the entry of livestock, domestic animals, and domestic fowl
into exhibitions, shows, and fairs and may require treatment or certification of those
animals as reasonably necessary to protect against communicable diseases.
§ 161.048. Inspection of Shipment of Animals or Animal Products
(a) An agent of the commission is entitled to stop and inspect a shipment of animals or
animal products being transported in this state in order to:
(1) determine if the shipment is in compliance with the laws and rules administered by the
commission affecting the shipment;
(2) determine if the shipment originated from a quarantined area or herd; or
(3) determine if the shipment presents a danger to the public health or livestock industry
through insect infestation or through a communicable or noncommunicable disease.
(b) The commission may detain a shipment of animals or animal products that is being
transported in violation of law or a rule of the commission. The commission may require
that the shipment be unloaded at the nearest available loading facility.
(c) The commission may not inspect a railroad train at any point other than a terminal.
(d) The commission may post signs on public highways and use signaling devices,
including red lights, in conjunction with signs, if necessary to effectively signal and stop
vehicles for inspection.
(e) In this section, "animal product" includes hides; bones; hoofs; horns; viscera; parts of
animal bodies; litter, straw, or hay used for bedding; and any other substance capable of
carrying insects or a disease that may endanger the livestock industry.
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§ 161.049. Dealer Records
(a) In this section, "dealer" means a person engaged in the business of buying or selling
animals in commerce:
(1) on the person?s own account;
(2) as an employee or agent of the vendor, the purchaser, or both; or
(3) on a commission basis.
(b) A "dealer" as defined by Subsection (a) of this section does not include a person who
buys or sells animals as part of the person?s bona fide breeding, feeding, dairy, or stocker
operations but does include livestock markets and commission merchants.
(c) The commission may require a livestock, exotic livestock, domestic fowl, or exotic
fowl dealer to maintain records of all livestock, exotic livestock, domestic fowl, or exotic
fowl bought and sold by the dealer.
(d) The commission may inspect and copy the records of a livestock, exotic livestock,
domestic fowl, or exotic fowl dealer that relate to the buying and selling of those
animals.
(e) The commission by rule shall adopt the form and content of the records maintained
by a dealer under Subsection (c) of this section.
§ 161.054. Regulation of Movement of Animals; Exception
(a) As a control measure, the commission by rule may regulate the movement of
animals. The commission may restrict the intrastate movement of animals even though
the movement of the animals is unrestricted in interstate or international commerce. The
commission may require testing, vaccination, or another epidemiologically sound
procedure before or after animals are moved.
(b) The commission by rule may prohibit or regulate the movement of animals into a
quarantined herd, premise, or area.
(c) The commission may not adopt a rule that prohibits a person from moving animals
owned by that person within unquarantined contiguous lands owned or controlled by
that person.
(d) On application of the owner of an animal, a restriction on the movement of the
animal imposed under this chapter may be modified by order of the executive director
of the commission if the owner demonstrates that the restriction will result in unusual
hardship for the owner. In considering an application under this section, the executive
director may consider the effect of prolonged drought, inadequacy of pasturage or
unusual feed supply resulting from disaster or other unforeseeable circumstances, or
economic hardship.
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§ 161.056. Identification of Exotic Animals
The commission may adopt rules to establish a standard method for identifying and
tracking exotic livestock and exotic fowl.
§ 161.081. Importation of Animals
(a) The commission by rule may regulate the movement, including movement by a
railroad company or other common carrier, of livestock, exotic livestock, domestic
animals, domestic fowl, or exotic fowl into this state from another state, territory, or
country.
(b) The commission by rule may provide the method for inspecting and testing animals
before and after entry into this state.
(c) The commission by rule may provide for the issuance and form of health certificates
and entry permits. The rules may include standards for determining which veterinarians
of this state, other states, and departments of the federal government are authorized to
issue the certificates or permits.
(d) The commission shall charge a fee of 25 cents for each health certificate.
§ 161.111. Definition
In this subchapter, "livestock market" means a stockyard, sales pavilion, or sales ring
where livestock, exotic livestock, or exotic fowl are assembled or concentrated at regular
or irregular intervals for sale, trade, barter, or exchange.