All firms or persons hatching or selling domesticated poultry within the State of Texas must have a pullorum-typhoid status at least equivalent to that specified by the National Poultry Improvement Plan of the Animal and Plant Health Inspection Service of the United States Department of Agriculture. A firm or persons may obtain such status by compliance with one of the following methods.
  (1) Those firms or persons currently qualified under the National Poultry Improvement Plan are recognized as meeting the requirement of these sections.
  (2) Any firm or person presently under a program of monitoring and testing breeder birds for pullorum and typhoid which is equivalent to the required program may have the program approved by the Texas Veterinary Medical Diagnostic Laboratory (TVMDL).
  (3) A firm or person unable to obtain a pullorum typhoid status at least equivalent to that specified by the National Poultry Improvement Program by compliance with one of the methods outlined in paragraphs (1) and (2) of this section must submit his flock to an official test. A flock in which all test results are negative shall be considered to have a pullorum-typhoid status equivalent to that specified by the National Poultry Improvement Plan. The following testing procedures may be used to comply with this regulation.
    (A) All birds in the primary breeder flocks are tested and all birds in multiplier flocks are tested.
    (B) All birds in the primary breeder flocks are tested, and birds in the multiplier flocks are tested according to the following.
Attached Graphic
    (C) All birds in the primary breeder flocks are tested. Multiplier flocks are not required to test.
    (D) At least 300 birds from the primary breeder flocks are tested. No test is required in multiplier flocks.
    (E) Under the methods described in subparagraphs (B), (C), and (D) of this section, in lieu of blood testing, TVMDL may determine that a primary breeding flock, a multiplier breeding flock, game birds, and waterfowl may comply with this regulation if a bacteriologic monitoring program and a bacteriologic examination has been made of samples of down or fluff shed by baby poultry in the hatchery. At least three negative cultures on samples collected on three separate hatches are required. In making such determination, TVMDL shall consider the origin of the flock and any history of pullorum disease or fowl typhoid in the flock or on the premises in which the flock has been housed, incubated, brooded, or ranged. The TVMDL may require blood testing of flocks when there is any cause to suspect infection with pullorum disease or fowl typhoid. Before compliance by this method can be approved by TVMDL, the firm or person owning the flock must agree to submit specimens to an approved laboratory when excessive mortality in birds under four weeks of age has occurred.
  (4) A dealer may qualify by purchasing hatching eggs or the poultry only from pullorum-typhoid free flocks as established under the Texas Pullorum-Typhoid Program or the National Poultry Improvement Plan or an equivalent program.

Source Note: The provisions of this §162.3 adopted to be effective November 16, 1993, 18 TexReg 7922