United States 

Department of 

Agriculture

Animal and 

Plant Health 

Inspection 

Service

February 2011

Analysis in Support of Certification that the 

Rule will not have a Significant Economic 

Impact on a Substantial Number of Small 

Entities

Interim Rule 

APHIS-2011-0005

RIN 0579-[XXXX]

Brucellosis in Swine: Add Texas to List of 

Validated Brucellosis-Free States

Policy & Program Development

Policy Analysis & Development
0

Summary

Swine brucellosis is a contagious disease that causes abortions in sows and infertility in 

boars. There is no treatment for the disease and no effective vaccine. This rule upgrades the 

status of Texas from Class A to Class Free. Breeding swine moved interstate other than for 

slaughter that originate from a Class A State and a herd that is not validated brucellosis-free are 

required to have tested negative to an official test for brucellosis within 30 days prior to interstate 

movement. Listing Texas as Class Free will allow swine producers in Texas to forgo this test 

when moving non-slaughter sows and boars in interstate commerce.

Brucellosis testing, including veterinary fees and handling expenses, costs about $3 to $5 

per test. The average per head value of a breeding sow was $263 in 2010. Thus, the cost of 

testing represents about 1 to 2 percent of the average value of a tested animal. Total savings by 

Texas swine operations due to removal of the testing requirement is estimated to range between 

$123,750 and $206,250, based on the $3 to $5 range in test costs and an estimated 41,250 nonslaughter sows and boars moved interstate.

Receipts of Texas farms from the sale of swine averaged $58,600 per operation, based on 

a per head value of $85. Eighty-three percent of the farms had annual receipts that averaged 

about $400, and over 99 percent of the farms had annual receipts that averaged less than $1,900. 

The small-entity standard for swine farms is annual receipts of not more than $750,000. Clearly, 

most swine operations in Texas are small entities.

The extent to which a particular operation will benefit from the interim rule will depend 

upon the number of non-slaughter sows and boars moved interstate. While nearly all Texas 

farms that sell swine are small, the rule will not have a significant economic impact on a 

substantial number of small entities.
1

Introduction

Swine brucellosis is a contagious disease caused by the bacterium, Brucella suis. It is 

very similar to the organism that causes brucellosis in cattle. Swine brucellosis causes abortions 

in sows and infertility in boars. Although this disease does not kill swine outright, it causes 

losses in reproduction that decrease profits for swine producers. There is no treatment for the 

disease and no effective vaccine. Depopulation of infected and exposed animals is the only way 

to contain and eradicate the disease. Humans can contract swine brucellosis by handling infected 

swine tissues.

The State of Texas has met all the requirements for obtaining Class Free status for swine 

brucellosis, and this rule upgrades the status of Texas from Class A to Class Free. Breeding 

swine moved interstate other than for slaughter that originate from a Class A State and a herd 

that is not validated brucellosis-free are required to have tested negative to an official test for 

brucellosis within 30 days prior to interstate movement. Listing Texas as Class Free will allow 

swine producers in Texas to forgo this test when moving non-slaughter sows and boars in 

interstate commerce.

When an agency promulgates a rule, it is required by the Regulatory Flexibility Act 

(RFA) to prepare a regulatory flexibility analysis, unless the agency certifies that the rule will not 

have a significant economic impact on a substantial number of small entities. The analysis that 

follows provides a factual basis for certification, as required in Section 605(b) of the RFA.
2

Potential Impact on Small Entities

At the end of 2007, there were 1,155,790 swine in Texas on 4,471 farms.1 Swine used or 

intended to be used for breeding numbered 94,918 head, that is, about 8.2 percent of the State’s 

swine population.

The number of Texas swine sold during 2007 was 2,794,334 head. Although it is not 

known how many of these animals were moved interstate, it has been estimated that about 

300,000 swine were shipped from Texas to other States for breeding and feeding purposes in 

2001.

2

 As reported in the Census of Agriculture, Texas swine sold in 2002 numbered 1,659,834 

head. Assuming the number of swine sold in 2001 was similar to the number sold in 2002, nonslaughter interstate sales would have comprised about 18 percent of all Texas swine sales in 

2001.

3

 

If, similarly, about 18 percent of Texas swine sold in 2007 were moved interstate and 

assuming that the percentage of swine sold that were sows and boars was similar to the share of 

the Texas swine inventory in 2007 comprised of breeding stock (8.2 percent), then about 41,250 

sows and boars would have been required to test negative to an official brucellosis test before 

moving interstate in 2007.

4

 This estimate of the number of tested animals does not take into 

account swine moved interstate that would not have required testing because the operations had

validated brucellosis-free herds. 

 

1 These statistics are from the 2007 Census of Agriculture – State Data, Table 12. 

http://www.agcensus.usda.gov/Publications/2007/Full_Report/Volume_1,_Chapter_2_US_State_Level/st99_2_012_

012.pdf 

2USDA ERS. Interstate Livestock Movements: State-to-State Flows. 

http://www.ers.usda.gov/Data/InterstateLivestockMovements/View.asp?Geog=Texas&Species=Hog&Flow=Out

3 300,000 swine moved interstate divided by 1,659,834 swine sold.

4 A total of 2,794,334 Texas swine sold in 2007, multiplied by 18 percent (assumed share that were moved interstate 

other than to slaughter), multiplied by 8.2 percent (assumed share that were sows and boars). 
3

Brucellosis testing, including veterinary fees and handling expenses, costs about $3 to $5 

per test in 2010. The average per head value of a breeding sow was $263 in 2010. Thus, the cost 

of testing represents about 1 to 2 percent of the average value of a tested animal. Total savings 

due to removal of the testing requirement is estimated to range between $123,750 and $206,250, 

based on the $3 to $5 range in test costs and an estimated 41,250 non-slaughter sows and boars 

moved interstate.

The Small Business Administration has established guidelines for determining the 

number of firms considered small under the Regulatory Flexibility Act. There were 4,053 Texas 

farms that sold swine in 2007.

5

 A swine operation is considered small if it has annual receipts of 

$750,000 or less.6 Annual receipts of Texas farms from the sale of swine averaged $58,600, 

based on a per head value of $85. Eighty-three percent of the farms had annual receipts that 

averaged about $400, and over 99 percent of the farms had annual receipts that averaged less 

than $1,900. (The remaining 0.7 percent of Texas farms, 28 operations, had receipts that 

averaged about $8.2 million.) Clearly, most swine operations in Texas are small entities.

The interim rule will benefit Texas swine producers who sell non-slaughter boars and 

sows interstate (other than those Texas swine farms that already have validated brucellosis-free 

herds). They will be able to forgo testing costs that are equivalent to between 1 and 2 percent of 

the average value of a breeding sow. The extent to which a particular operation will benefit from 

the interim rule will depend upon the number of non-slaughter sows and boars moved interstate. 

Although nearly all Texas farms that sell swine are small, the rule will not have a significant 

economic impact on a substantial number of small entities.

 

5 2007 Census of Agriculture.

6 SBA, Table of Small Business Size Standards, Effective October 1, 2007.