Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 35 - BRUCELLOSIS › Subchapter A - ERADICATION OF BRUCELLOSIS IN CATTLE › Section 35.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise:
(1) Adjacent herds--A herd
				  of cattle or bison that occupies a premise that lies within one mile of a "herd
				  known to be affected."
(2) Affected
				  herd--Any herd in which any cattle have been classified as a reactor or suspect
				  and which has not completed the requirements of the individual herd
				  plan.
(3) Approved brucella
				  vaccine--A product that is produced under license of the USDA and used in
				  accordance with the current guidelines of USDA for its use in cattle to enhance
				  their resistance to brucellosis.
(4) Approved personnel--Texas Animal Health
				  Commission inspectors and veterinarians; Federal Animal Health technicians and
				  veterinarians; accredited Texas veterinarians; and others who have been
				  approved to do those assigned duties as described in these regulations for
				  brucellosis control and eradication.
(5) Auction--A public sale of
				  cattle.
(6) Auctioneer--A person
				  who sells or makes a business of selling cattle at auction.
(7) Brucellosis (Bang's Disease contagious
				  abortion)--For purposes of this regulation, brucellosis is a contagious,
				  infectious disease of cattle, sheep, goats, horses, and swine caused by
				  bacteria of the genus brucella.
(8)
				  Cattle--All dairy and beef animals (genus Bos) and bison (genus
				  Bison).
(9) Class "Free" area--An
				  area of two or more contiguous counties which has remained free from field
				  strain brucella abortus infection for 12 months or longer. A 12 months adjusted
				  MCI reactor prevalence rate not to exceed one reactor per 2,000 cattle tested
				  (0.050%) must be maintained.
(10)
				  Class "A" area--An area of two or more contiguous counties which has an
				  accumulated 12 months herd infection rate due to field strain brucella abortus
				  that does not exceed 0.25% or 2.5 herds per 1,000 and must maintain a 12 months
				  adjusted MCI reactor prevalence rate not to exceed one reactor per 1,000 cattle
				  tested (0.100%).
(11) Class "B"
				  area--An area of two or more contiguous counties which has an accumulated 12
				  months herd infection rate due to field strain brucella abortus that does not
				  exceed 1.5% or 15 herds per 1,000. A 12 months adjusted MCI reactor prevalence
				  rate not to exceed three reactors per 1,000 cattle tested (0.30%) must be
				  maintained.
(12) Commission--The
				  Texas Animal Health Commission.
(13) Commission firm--A person, partnership,
				  other legal entity, or corporation which buys and sells cattle as a third party
				  and who reports to the seller and to the buyer details of the transactions.
				  This includes any such person or group whether or not a fee is charged for the
				  service.
(14) Commuter herd--A herd
				  of cattle located in two or more states that is documented as a valid ranching
				  operation by those states in which the herd is located and which requires
				  movement of cattle interstate from a farm of origin or returned interstate to a
				  farm of origin in the course of normal ranching operations, without change of
				  ownership, directly to or from another premise owned, leased, or rented by the
				  same individual. An application for "commuter herd" status must be signed by
				  the owner and approved by the states in which the herd is located. This status
				  will continue until canceled by the owner or one of the signatory
				  states.
(15) Dealer--
(A) Any person engaged in the business of
				  buying or selling cattle in commerce on his own account, as an employee or
				  agent of the vendor, the purchaser, or both, or on a commission
				  basis.
(B) The term shall not
				  include a person who buys or sells cattle as part of his own bona fide
				  breeding, feeding, dairy, or stocker operations but does include livestock
				  markets and commission merchants.