(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless indicated otherwise.
  (1) Approved feeder-pig market--A livestock market where only feeder pigs from the following herds of origin are accepted for sale in accordance with federal interstate regulations and applicable provisions of the federal program standards:
    (A) All swine must originate in a qualified pseudorabies-negative herd;
    (B) All swine must originate in a pseudorabies-monitored feeder-pig herd;
    (C) Each animal must have an official 30-day pseudorabies serologic test; or
    (D) All swine must originate from a state that has achieved Pseudorabies Eradication Program status of Stage IV or V.
  (2) Approved slaughter market--A livestock market at which shipments of slaughter swine only are permitted in accordance with applicable state and federal regulations. No swine may be released from an approved slaughter market unless consigned directly to a recognized slaughtering establishment for immediate slaughter.
  (3) Commercial Production Swine (Commercial Swine)--Those swine that are continuously managed and have adequate facilities and practices to prevent exposure to either high-risk domestic (transitional production) swine or feral swine.
  (4) Commission--Texas Animal Health Commission.
  (5) Continuous flow feeder facility--A premises where there is a constant population of swine in various stages of finish, being fed for slaughter purposes.
  (6) Direct shipment--Movement without unloading en route, without contact with swine of lesser pseudorabies status, and without contact with infected or exposed livestock.
  (7) Executive Director--Executive Director of the Texas Animal Health Commission.
  (8) Farm of origin--A farm where the swine were born or on which they have resided for at least 90 consecutive days immediately prior to movement.
  (9) Infected Herd--Any herd in which any swine have been determined to be infected with pseudorabies virus by a designated State or Federal veterinarian whose diagnosis is supported by official pseudorabies test results.
  (10) Official random-sample test (95/5)--A sampling procedure utilizing official pseudorabies serologic tests which provides a 95% probability of detecting infection in a herd in which at least 5.0% of the swine are seropositive for pseudorabies. Each segregated group of swine on an individual premises must be considered a separate herd and sampled as follows:
    (A) less than 100 head--test 45 or entire herd, whichever is the smaller;
    (B) 100-200 head--test 51;
    (C) 201-999 head--test 57;
    (D) 1,000 head and over--test 59.
  (11) Official pseudorabies tests--Tests for the diagnosis of pseudorabies approved by USDA-APHIS-VS. Those tests are:
    (A) microtitration serum-virus neutralization;
    (B) virus isolation and identification;
    (C) fluorescent antibody tissue section;
    (D) Enzyme Linked Immunosorbent Assay (ELISA), specifically PRV-gB-ELISA or PRV-gpI-ELISA;
    (E) latex agglutination; and
    (F) Particle Concentration Fluorescence Immunoassay (PCFIA), including the gpI PCFIA test.
  (12) High-Risk Domestic Swine--Captive swine located in feral swine areas in which management practices allow for possible exposure via direct or indirect feral swine contact. High-risk domestic swine are formerly referred to as transitional or transitional production swine.
(b) Commercial Swine. To qualify as a producer of commercial swine, the producer must implement sufficient safeguards, including, but not limited to management practices, perimeter fencing, and confinement to prevent commingling and nose to nose contact with feral or high-risk domestic swine. Feral swine shall not be commingled with commercial swine.
(c) Animal Identification. Breeding swine sold or destined for slaughter are required to be identified to the farm of origin using a method recognized by the commission.
(d) Movement Restrictions: All herds suspected of pseudorabies will be placed under movement restrictions and investigated pending final determination. Final determination of the presence or absence of pseudorabies in a herd shall be made by the investigating veterinarian in consultation with an epidemiologist designated by the Executive Director. Official diagnosis shall be based on an official pseudorabies.
(e) Pseudorabies Management of Infected, Exposed or Area Herds.
  (1) If an animal is determined to be infected with pseudorabies, it shall be identified by placing an approved reactor tag in the left ear. The infected herd shall be disposed of within 15 days after test results are reported. Disposition may include destruction or permitted movement to slaughter by a VS Form 1-27.
  (2) Following a determination that a herd is infected, a herd plan to eradicate the disease from a swine herd will be developed. The plan shall be developed by a State or Federal veterinarian in consultation with the herd owner or caretaker and his or her veterinarian. The plan shall include provisions for release of quarantine as specified in this subsection. The plan developed by the commission shall be final and the owner or caretaker will be provided a copy.
  (3) All exposed herds will be placed under movement restrictions, using a quarantine or hold order, until negative diagnostic test results are determined.
  (4) All swine herds within a 2.0 mile radius of infected premises will be monitored either by a test of all breeding swine or an official random sample test. All exposed swine herds as determined by epidemiological investigation and all swine herds within 2 miles of the new case shall be tested with an official random-sample test (95/5). Testing of the herds must be accomplished, with negative test results, no earlier than 30 days and no later than 60 days after depopulation of the affected herd and of the premises.
  (5) Swine showing clinical signs of pseudorabies shall not be removed from the premises. Swine on a quarantined premises not showing clinical signs of pseudorabies may be moved only directly to a slaughter plant and accompanied by a permit issued by a state or federal inspector, or may be shipped directly to a slaughter plant in an official sealed vehicle when accompanied by a permit.
  (6) Vehicles used for slaughter delivery of movement-restricted swine will be cleaned and disinfected immediately after unloading and prior to loading with other livestock.
  (7) Movement restrictions will be released in the following instances:
    (A) when all reactor animals have been removed from the premises;
    (B) when there have been no clinical signs of pseudorabies on the premises after removal of the reactor swine; and
    (C) when all exposed swine over six months of age along with a number of progeny equal to 20% of the breeding swine selected from the oldest portion of swine under six months of age remaining in the herd have withstood one negative herd test. The test must be conducted not less than 30 days from removal of last infected animals. Herd additions must be tested negative prior to being added to the herd, remain on the premises 30 or more days, and be retested negative; or
    (D) when all swine on the premises are depopulated; the premises is cleaned and disinfected under the direction of state or federal personnel and 30 days have passed with no swine on the premises following cleaning and disinfecting.
(f) Pseudorabies Vaccine.
  (1) Vaccination of swine with a pseudorabies vaccine is prohibited without written permission of the Executive Director. Written permission may be granted only for use in high-risk herds or as part of an approved herd cleanup plan.
  (2) Approved pseudorabies vaccine shall be a product for which there is a laboratory test approved by the Executive Director available to differentiate between vaccine and field infection titers.
  (3) The Executive Director will restrict the sale of approved pseudorabies vaccine to a TAHC Authorized Veterinarian for use only in infected and high-risk herds. The Executive Director will request a specific number of doses of vaccine to be shipped to the TAHC Authorized Veterinarian making the request.
  (4) The herd owner will sign a memorandum of understanding with the commission, and the TAHC Authorized Veterinarian will be accountable for the vaccine and its use by signing an agreement to this effect.
  (5) All vaccinated animals shall be marked with a hole punched in the left ear of not less than 1/2 inch in diameter at the time of vaccination or other form of identification approved by the commission.
Cont'd...