Proposed Rules Title 4

TITLE 4. AGRICULTURE

PART 2. TEXAS ANIMAL HEALTH COMMISSION

The Texas Animal Health Commission (Commission) proposes amendments to Title 4, Texas Administrative Code, Chapter 51 titled "Entry Requirements." Specifically, amendments to §51.12, regarding Sheep.

BACKGROUND AND PURPOSE

Scrapie is a fatal, degenerative disease affecting the central nervous systems of sheep and goats. It is classified as a transmissible spongiform encephalopathy (TSE), similar to BSE (bovine spongiform encephalopathy, or "mad cow disease") in cattle. Scrapie is believed to be caused by a prion, an infectious agent composed of protein, and is known for its long incubation period and eventual severe impact on the brain and spinal cord of affected animals. The disease is of significant concern in the sheep industry due to its impact on animal health and the resulting economic losses.

Research on the susceptibility of various sheep breeds to scrapie has shown that the difference in risk based on breed or type of sheep is too small to measure. However, it has been discovered that certain sheep that have historically had a higher prevalence of scrapie was likely due to management during lambing. The breeds of sheep that tend to lamb in small pens (jugs) lead to more exposure to the scrapie prion, unlike rambouillet sheep, which lamb in large pastures.

Nevertheless, general measures to prevent scrapie, such as selective breeding for resistance and adherence to strict biosecurity protocols, are relevant for all sheep breeds. There have been reports that individuals are seeking to circumvent USDA regulations to bring high-risk sheep into Texas, as well as spreading misinformation concerning the commission rules about scrapie. This proposed amendment is made in conjunction with proposed amendments to Chapter 60 of the Commission rules in an effort to clarify the Commission's rules and make every effort to reduce the incidence of and control the spread of scrapie in Texas.

SECTION-BY-SECTION DISCUSSION

Section 51.12 sets forth the requirements for sheep entering Texas. The proposed amendments require that all female breeding sheep and crossbred female breeding sheep originate from an Export Certified Flock or have documentation supporting that the animals are of the genotype RR at codon 171 or AA at codon 136 and QR at codon 171.

FISCAL NOTE

Ms. Jeanine Coggeshall, General Counsel for the Texas Animal Health Commission, determined that for each year of the first five years that the rule is in effect, enforcing or administering the proposed rules does not have foreseeable implications relating to costs or revenues of state or local governments. Commission employees will administer and enforce these rules as part of their current job duties and resources. Ms. Coggeshall also determined for the same period that there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed amendments.

PUBLIC BENEFIT NOTE

Ms. Coggeshall determined that for each year of the first five years the rule is in effect, the anticipated public benefits are improved cooperation with local and state law enforcement to better enforce Commission entry requirements.

TAKINGS IMPACT ASSESSMENT

The Commission determined that the proposal does not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. Therefore, the proposed rules are compliant with the Private Real Property Preservation Act in Texas Government Code §2007.043 and do not constitute a taking.

LOCAL EMPLOYMENT IMPACT STATEMENT

The Commission determined that the proposed rules would not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission pursuant to Texas Government Code §2001.022.

REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL RULES

The Commission determined that this proposal is not a "major environmental rule" as defined by Government Code §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

GOVERNMENT GROWTH IMPACT STATEMENT

In compliance with the requirements of Texas Government Code §2001.0221, the Commission prepared the following Government Growth Impact Statement. The Commission determined for each year of the first five years the proposed rule would be in effect, the proposed rule:

Will not create or eliminate a government program;

Will not require the creation or elimination of employee positions;

Will result in no assumed change in future legislative appropriations;

Will not affect fees paid to the Commission;

Will create new regulation;

Will expand existing regulations;

Will not change the number of individuals subject to the rule; and

Will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Ms. Coggeshall also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities pursuant to Texas Government Code, Chapter 2006. The rules do not impose any additional costs on small businesses, micro-businesses, or rural communities that are required to comply with the rules.

COSTS TO REGULATED PERSONS

The proposed amendments to Chapter 51 do not impose additional costs on regulated persons and are designed to better align Commission scrapie rules with the USDA's scrapie program and current science. The proposed rules do not otherwise impose a direct cost on a regulated person, state agency, a special district, or a local government within the state.

PUBLIC COMMENT

Written comments regarding the proposed amendments may be submitted to Amanda Bernhard, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0719 or by e-mail to comments@tahc.texas.gov. To be considered, comments must be received no later than thirty (30) days from the date of publication of this proposal in the Texas Register. When faxing or emailing comments, please indicate " Comments on Proposed Rule-Chapter 51, Entry Requirements" in the subject line.

STATUTORY AUTHORITY

The amendments are authorized by Texas Agriculture Code, Chapter 161.

Pursuant to §161.041, titled "Disease Control", the Commission shall protect all livestock, exotic livestock, domestic fowl, and exotic fowl from diseases the Commission determines require control or eradication. Pursuant to §161.041(b) the Commission may act to eradicate or control any disease or agent of transmission for any disease that affects livestock, exotic livestock, domestic fowl, or exotic fowl. The Commission may adopt any rules necessary to carry out the purposes of this subsection, including rules concerning testing, movement, inspection, and treatment.

Pursuant to §161.043, titled "Regulation of Exhibitions", the Commission may regulate the entry of livestock and may require certification of those animals as reasonably necessary to protect against communicable diseases.

Pursuant to §161.046, titled "Rules", the Commission may adopt rules as necessary for the administration and enforcement of this chapter.

Pursuant to §161.047, titled "Entry Power", a commissioner or veterinarian or inspector employed by the Commission may enter public or private property for the exercise of an authority or performance of a duty under Chapter 161.

Pursuant to §161.048, titled "Inspection of Shipment of Animals or Animal Product", the Commission may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved. An agent of the Commission is entitled to stop and inspect a shipment of animals or animal products being transported in this state to determine if the shipment originated from a quarantined area or herd; or determine if the shipment presents a danger to the public health or livestock industry through insect infestation or through a communicable or non-communicable disease.

Pursuant to §161.054, titled "Regulation of Movement of Animals; Exception", the Commission may by rule regulate the movement of animals, and 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.

Pursuant to §161.056(a), titled "Animal Identification Program", the Commission, to provide for disease control and enhance the ability to trace disease-infected animals or animals that have been exposed to disease, may develop and implement an animal identification program that is no more stringent than a federal animal disease traceability or other federal animal identification program. Section 161.056(d) authorizes the Commission to adopt rules to provide for an animal identification program more stringent than a federal program only for control of a specific animal disease or for animal emergency management.

Pursuant to §161.081, titled "Importation of Animals", the Commission by rule may provide the method for inspecting and testing animals before and after entry into the state of Texas. The Commission may create rules for the issuance and form of health certificates and entry permits.

No other statutes, articles, or codes are affected by this proposal.

§51.12.Sheep.

(a) (No change.)

(b) Scrapie.

(1) - (3) (No change.)

(4) All female breeding sheep [~~blackface ovine females~~] and all [~~blackface~~] crossbred female breeding sheep as defined by §60.1 of this title (relating to Definitions) [~~females~~] , except hair sheep, imported into the State of Texas for breeding purposes shall originate from an Export [~~a Scrapie~~] Certified [~~Free~~] Flock or have documentation supporting that the animals are of the genotype RR at codon 171 or AA at codon 136 and QR at codon 171.

(5) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 3, 2024.

TRD-202402444

Jeanine Coggeshall

General Counsel

Texas Animal Health Commission

Earliest possible date of adoption: July 14, 2024

For further information, please call: (512) 839-0511

CHAPTER 60. SCRAPIE

4 TAC §60.1

The Texas Animal Health Commission (Commission) proposes amendments to Title 4, Texas Administrative Code, Chapter 60 titled Scrapie.

BACKGROUND:

Nevertheless, general measures to prevent scrapie, such as selective breeding for resistance and adherence to strict biosecurity protocols, are relevant for all sheep breeds. There have been reports that individuals are seeking to circumvent USDA regulations to bring high-risk sheep into Texas, as well as spreading misinformation concerning the commission rules about scrapie. This proposed amendment is made in conjunction with proposed amendments to Chapter 51 of the Commission rules in an effort to clarify the Commission's rules and make every effort to reduce the incidence of and control the spread of scrapie in Texas.

SECTION BY SECTION DISCUSSION

The proposed amendments to Section 60.1(8) eliminate the definition for "Blackfaced Sheep" and reorganize the definition of "Breed Associations and Registries" to conform to alphabetical order.

The proposed amendments to Section 60.1(9) adds a definition for "Breeding Sheep."

FISCAL NOTE

Ms. Jeanine Coggeshall, General Counsel of the Texas Animal Health Commission, determined that for each year of the first five years the rules are in effect, there will be no additional fiscal implications for state or local government because current commission employees will administer and enforce these rules as part of their current job duties and resources. Ms. Coggeshall also determined for the same period that there is no estimated increase or loss in revenue to state or local government as a result of enforcing or administering the rule amendments.

PUBLIC BENEFIT NOTE

Ms. Coggeshall determined that for each year of the first five years the rules are in effect, the anticipated public benefit, due to enforcing the rules, will be to prevent higher risk sheep from potentially reintroducing scrapie to the state.

TAKINGS IMPACT ASSESSMENT

The Commission determined that the proposal does not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. Instead, the proposed amendments relate to the handling of animals, including requirements concerning testing, movement, inspection, identification, reporting of disease, and treatment pursuant to 4 TAC §59.7. Therefore, the proposed rules are compliant with the Private Real Property Preservation Act in Texas Government Code §2007.043 and do not constitute a takings.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYIS

Ms. Coggeshall also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The rules do not impose any additional costs on small businesses, micro-businesses, or rural communities that are required to comply with the rules.

REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL RULES

LOCAL EMPLOYMENT IMPACT STATEMENT

GOVERNMENT GROWTH IMPACT STATEMENT

In compliance with the requirements of Texas Government Code §2001.0221, the commission prepared the following Government Growth Impact Statement. The Commission determined for each year of the first five years the proposed rules would be in effect, the proposed rules:

Will not create or eliminate a government program;

Will not require the creation or elimination of employee positions;

Will result in no assumed change in future legislative appropriations;

Will not affect fees paid to the Commission;

Will create new regulation;

Will expand existing regulations;

Will not change the number of individuals subject to the rule; and

Will not affect the state's economy.

COSTS TO REGULATED PERSONS

The Commission determined there may be costs associated with requiring specific genotyping on all blackface ovine, as well as embryos and semen, because the Commission would take enforcement actions against those regulated persons who violate the entry requirements for blackface ovine. The current population of blackface ovine is only a fraction of the total ovine population, so the number of regulated persons this rule change would affect would not be significant.

The Commission also determined the proposed rules follow the legislative requirement that the commission shall protect all livestock from disease the Commission determines require control or eradication. Further, Government Code §2001.045, related to increasing costs to regulated persons, does not apply to this rule proposal to adopt a new reportable or actionable disease pursuant to Agriculture Code §161.041, the rules proposed here do not impose a direct cost on regulated persons, including a state agency, a special district, or a local government, within the state. Therefore, it is not necessary to repeal or amend any other existing rule.

REQUEST FOR COMMENT

Written comments regarding the proposed amendments may be submitted to Amanda Bernhard, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax to (512) 719-0719 or by email to comments@tahc.texas.gov. To be considered, comments must be received no later than thirty (30) days from the date of publication of this proposal in the Texas Register. When faxing or emailing comments, please indicate "Comments on Chapter 60-Scrapie " in the subject line.

STATUTORY AUTHORITY

The amendments are authorized by Texas Agriculture Code, Chapter 161.

Pursuant to §161.041, titled "Disease Control", the Commission shall protect all livestock, exotic livestock, domestic fowl, and exotic fowl from diseases the commission determines require control or eradication. Pursuant to §161.041(b) the commission may act to eradicate or control any disease or agent of transmission for any disease that affects livestock, exotic livestock, domestic fowl, or exotic fowl. The Commission may adopt any rules necessary to carry out the purposes of this subsection, including rules concerning testing, movement, inspection, and treatment.

Pursuant to §161.046, titled "Rules", the Commission may adopt rules as necessary for the administration and enforcement of this chapter.

Pursuant to §161.047, titled "Entry Power", a commissioner or veterinarian or inspector employed by the commission may enter public or private property for the exercise of an authority or performance of a duty under Chapter 161.

No other statutes, articles, or codes are affected by this proposal.

§60.1.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) - (7) (No change.)

(8) Breed Associations and Registries--organizations that maintain the permanent records of ancestry or pedigrees of animals (including the animal's sire and dam), individual identification of animals, and/or ownership of animals. [Blackfaced Sheep--any purebred Suffolk, Hampshire, Shropshire, or cross thereof, any non-purebred sheep known to have Suffolk, Hampshire, or Shropshire ancestors, and any non-purebred wool sheep of unknown ancestry with a black face. Hair sheep with black or dark faces are not considered to be in this category.]

(9) Breeding Sheep--sexually intact sheep six months of age or older raised for the purpose of breeding. [Breed Associations and Registries--organizations that maintain the permanent records of ancestry or pedigrees of animals (including the animal's sire and dam), individual identification of animals, and/or ownership of animals.]

(10) - (57) (No change.)