(a) Complete and sign herd plan agreement with the Texas Animal Health Commission and the United States Department of Agriculture, Animal and Plant Health Inspection Service and Veterinary Services.     
      (b) Testing will be on a herd basis including all offspring that are of an age to be tested. Certified free herd status is for a 12-month period.     
      (c) Cattle required to be tested. All cattle, except steers and spayed heifers, are subject to test requirements at 18 months of age.     
      (d) Qualifying methods. A herd may qualify by one or more of the following methods:      
        (1) Initial certification.                  (A) Brucellosis Milk Surveillance Test (BMST). A minimum of four consecutive, negative brucellosis milk surveillance tests conducted at not less than 90-day intervals, followed by a negative herd blood test conducted within 90 days after the last negative brucellosis milk surveillance test.                   (B) Complete herd blood test. Two consecutive, negative blood tests of all cattle required to be tested not less than 10 months, nor more than 14 months apart.         
        (2) Recertification. For continuous certification, a herd must have a negative herd blood test of all cattle required to be tested conducted within 60 days before the certification anniversary date. If the certification test is conducted within 60 days after the anniversary date, the certification period will be 12 months from the anniversary and not 12 months from the date of the recertifying test. During the interval between the anniversary date and the recertifying test, certification will be suspended. If a herd blood test for recertification is not conducted within 60 days after the anniversary date, the certification requirements are the same as for initial certification. BMST procedures are not used for recertifying herds.       
        (3) Purchase of a certified free herd.                  (A) A negative herd blood test is not required when the cattle remain on the premises. A new certificate will be issued in the owner's name. The anniversary date and the herd number will remain the same.                   (B) All or part of a certified free herd purchased and moved directly to premises without other cattle may qualify without a test. A new certification number will be issued. The anniversary date of the new herd is established by the test date of the herd of origin or by a new herd test of the purchased cattle.         
      (e) Qualifying Standards.      
        (1) Herd infection rates. The individual herd must disclose no evidence of infection at the time of initial certification or recertification. (A negative blood test and a complete epidemiological investigation may be used to resolve a suspicious BMST in qualifying a dairy herd.)       
        (2) Animal infection rates. The individual animals must disclose no evidence of infection at the time of initial herd certification or recertification.       
        (3) Suspects. When suspects are disclosed, an individual herd plan shall be developed for the future testing of the suspect(s) and the handling of the herd.       
        (4) Herd status, if reactors are classified. When one or more reactors are disclosed in a certified herd or in a herd under test for initial certification, it shall be considered affected and the quarantine and retest provisions shall apply. If a retest of a certified herd or of animals from such a herd reveals only one reactor, the certification status will be suspended until all provisions for release of quarantine have been met. If more than one reactor is disclosed, the herd certification is terminated until all provisions for release of quarantine have been met, and when additional provisions for initial certified brucellosis-free herd status required under subsection (d)(1) of this section have been met. Herd retests for quarantine release, and to fulfill the provisions required under subsection (d)(1) of this section may be conducted concurrently.       
        (5) Movement of cattle into a certified brucellosis-free herd.                  (A) From certified brucellosis-free herds or class free states or areas. No test requirements on breeding or dairy cattle originating from certified brucellosis-free herds or class free states or areas. Cattle added to a certified brucellosis-free herd under this provision shall not receive new herd status for sale purposes until they have passed a 60-120 day post-entry retest.                   (B) From Class "A" or "B" states or areas. Cattle required to be tested from herds not under quarantine must meet all interstate and intrastate movement requirements and must be retested negative between 60 and 120 days after being moved. Cattle added to a certified brucellosis-free herd under this provision shall not receive new herd status for sale purposes until they have passed a 60-120 day post-entry retest and have been included in an anniversary herd test.         
      (f) Proof of qualifying as a certified brucellosis herd.      
        (1) Initially a certificate will be issued.       
        (2) Recertification will be done by renewal certificate showing only the certified free herd number, number of animals, and owner.       
     Source Note:        The provisions of this §35.3 adopted to be effective September 27, 1983, 8 TexReg 3616; amended to be effective April 1, 1987, 12 TexReg 787; amended to be effective July 15, 1993, 18 TexReg 4235; amended to be effective May 24, 1998, 23 TexReg 4903; amended to be effective September 6, 1998, 23 TexReg 8828; amended to be effective December 24, 2000, 25 TexReg 12376