PART 2. TEXAS ANIMAL HEALTH COMMISSION
CHAPTER 49. EQUINE
The Texas Animal Health Commission (commission) in a duly noticed meeting on April 30, 2024, adopted amendments to Title 4, Texas Administrative Code, Chapter 49 titled "Equine." Specifically, amendments are proposed to §49.5 regarding Piroplasmosis: Testing, Identification of Infected Equine, and §49.7 regarding Persons or Laboratories Performing Equine Infectious Anemia Tests. The amendments are adopted with nonsubstantive changes to the proposed text published in the March 8, 2024, issue of the Texas Register (49 TexReg 1381) and will be republished.
JUSTIFICATION FOR RULE ACTION
The commission adopts amendments to §49.5 which establishes testing and identification requirements of equine piroplasmosis. Equine piroplasmosis is a tick-borne protozoal infection of horses. At least one species of tick, Amblyomma cajennense, has proven capable of transmitting the blood parasite. This species of tick is endemic to South Texas and several other southern states. Also, the disease may be spread between horses by unsafe animal husbandry practices such as sharing needles or equipment that is contaminated with blood. This has brought about the disclosure that there is a distinct group of positive animals which are for the purpose of racing, either through sanctioned events or otherwise.
In 2011, the commission took action to safeguard Texas equine population by requiring all equine participating in racing events at a sanctioned racetrack facility to have a negative piroplasmosis test. The requirement was put in place to ensure that the positive animals are disclosed as well as to protect other animals participating in such events. Since 2010, there has not been a disclosed piroplasmosis positive thoroughbred horse participating in sanctioned racing. As such, the commission approved a temporary waiver of the requirement that thoroughbred horses be tested for piroplasmosis prior to entering a racetrack facility licensed by the Texas Racing Commission on July 26, 2022.
The adopted amendments to §49.5 incorporate the thoroughbred testing requirement waiver. The adopted amendments also streamline the existing testing and identification requirements for ease of use and readability.
Additionally, the commission adopts amendments to §49.7 regarding Persons or Laboratories Performing Equine Infectious Anemia Tests. The section previously referred readers to an outdated section in the Code of Federal Regulations. The adopted amendment updates the citation.
HOW THE RULES WILL FUNCTION
Section 49.5 details the testing and identification requirements for equine piroplasmosis. The amendments streamline the rule for readability. The amendments also formally incorporate the waiver of testing requirements for thoroughbreds as approved by the commission in the 413th Meeting on July 26, 2022, into commission rules. The amendments to not change any other testing or identification requirements.
Section 49.7 sets requirements for individuals or laboratories performing EIA tests. The amendments update the citation to the relevant section in the Code of Federal Regulations. The amendments to not change the existing requirement.
SUMMARY OF COMMENTS RECEIVED AND COMMISSION RESPONSE
The 30-day comment period ended April 7, 2024.
During this period, the commission did not receive any comments regarding the proposed rules.
STATUTORY AUTHORITY
The amendments are adopted under the following statutory authority as found in Chapter 161 of the Texas Agriculture Code. The commission is vested by statute, §161.041(a), with the requirement to protect all livestock, domestic animals, and domestic fowl from disease. The commission is authorized, through §161.041(b), to act to eradicate or control any disease or agent of transmission for any disease that affects livestock.
Pursuant to §161.046 of the Texas Agriculture Code, titled "Rules," the commission may adopt rules as necessary for the administration of enforcement of this chapter.
Pursuant to §161.048, entitled "Inspection of Shipment of Animals or Animal Products," the commission may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved.
Pursuant to §161.0602, entitled "Persons or Laboratories Performing Equine Infectious Anemia Tests," the commission shall adopt rules that require a person or laboratory to be approved by the commission if the person or laboratory performs an official equine infectious anemia test.
Pursuant to §161.113, entitled "Testing or Treatment of Livestock," if the commission requires testing or vaccination under this subchapter, the testing or vaccination must be performed by an accredited veterinarian or qualified person authorized by the commission.
No other statutes, articles, or codes are affected by the adoption of the proposed rules.
§49.5.Piroplasmosis: Testing, Identification of Infected Equine.
(a) Official Test. A complement fixation test (CFT) or competitive enzyme linked immunosorbent assay (cELISA) are the official tests for equine piroplasmosis.
(b) Authorization to conduct test. Only a test applied and reported by a laboratory approved by the commission will be considered an official test. Only samples collected by or under the direct supervision of an authorized veterinarian accompanied by a completed Equine Piroplasmosis Laboratory Test chart (form 10-07) will be accepted for official testing.
(c) Reactor. A reactor is any equine which discloses a positive reaction to the official test. The individual collecting the test sample must notify the equine's owner of the quarantine within 48 hours after receiving the results. Movement of all piroplasmosis positive equine and all equine epidemiologically determined to have been exposed to a piroplasmosis positive equine will be restricted. Retests of a reactor may only be performed by a representative of the commission.
(d) Official identification of reactors.
(1) A reactor must be identified with an implanted radio frequency microchip identification device that provides unique identification for each individual equine and complies with ISO 11784/11785 and one of the following methods as determined by the commission:
(A) The reactor may be identified with a branded letter "P" applied as a hot-iron brand, freeze-marking brand, hoof brand, or as approved by the commission. For a freeze or hot-iron brand, the "P" brand must be not less than two inches high and shall be applied to the left shoulder or left side of the neck of the reactor. For a hoof brand, the "P" brand must be applied to the front left hoof and reapplied as necessary to maintain visibility;
(B) Using an identification device or a unique tattoo, approved by the commission, that provides unique identification for each individual equine; or
(C) Using digital photographs sufficient to identify the individual equine.
(2) Reactors must be identified by an authorized veterinarian or representative of the commission within 10 days of the date the laboratory completes the test unless the equine is destroyed. Any equine destroyed prior to identification must be described in a written statement by the authorized veterinarian or other authorized personnel certifying to the destruction. This certification must be submitted to the commission within 10 days of the date the equine is destroyed.
(e) Equine entering a racetrack facility, with the exception of thoroughbred horses, must have a negative Piroplasmosis test within the past 12 months. A racetrack facility is grounds used to conduct live horse racing events and is not limited to facilities licensed by the Texas Racing Commission.
§49.7.Persons or Laboratories Performing Equine Infectious Anemia Tests.
A person or laboratory who performs an official equine infectious anemia test in the State of Texas must meet and be in compliance with the requirements found in Title 9 Code of Federal Regulations §71.22, which is entitled "Approval of laboratories to conduct official testing."
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 6, 2024.
TRD-202402018
Jeanine Coggeshall
General Counsel
Texas Animal Health Commission
Effective date: May 26, 2024
Proposal publication date: March 8, 2024
For further information, please call: (512) 839-0511