CHAPTER 164. SCABIES CONTROL - Texas Statutes

AGRICULTURE CODE

TITLE 6. PRODUCTION, PROCESSING, AND SALE OF ANIMAL PRODUCTS

SUBTITLE C. CONTROL OF ANIMAL DISEASES AND PESTS

CHAPTER 164. SCABIES CONTROL

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 164.001. DEFINITIONS. In this chapter:

(1) "Commission" means the Texas Animal Health Commission.

(2) "Inspector" means an inspector employed by the commission,

including the chief inspector, a district supervising inspector,

or a local inspector.

Acts 1981, 67th Leg., p. 1420, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 164.002. SCABIES INFECTION OR EXPOSURE. (a) For purposes

of this chapter, cattle or sheep are scabies-infected if:

(1) actually infected with scabies; or

(2) in a herd in which scabies infection is present.

(b) Except as provided by Subsection (c) of this section, cattle

or sheep are exposed to scabies for purposes of this chapter if:

(1) the cattle or sheep enter or have access to any place,

including a corral, shed, car, road, or pasture, that

scabies-infected cattle or sheep have entered or had access to

during the preceding 90 days; or

(2) the sheep are shorn by a shearing plant that has shorn

scabies-infected sheep within the preceding 90 days.

(c) Cattle or sheep are not exposed to scabies under Subsection

(b) of this section if the place or plant has been disinfected

since the infected cattle or sheep were removed. This subsection

does not exempt the cattle or sheep from dipping required by this

chapter.

(d) If an inspector determines that a scabies infection exists

among cattle, sheep, or goats or that cattle, sheep, or goats

have been exposed to scabies, the infection or exposure is

considered to continue until the commission determines that the

infection or exposure has been eradicated through methods

prescribed by rule of the commission.

Acts 1981, 67th Leg., p. 1420, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 164.003. INSPECTORS. (a) For the purpose of eradicating

scabies, the commission may employ a chief inspector, district

supervising inspectors, and local inspectors.

(b) The chief inspector shall supervise the inspectors engaged

in scabies eradication.

(c) The state shall pay the salaries of the chief inspector and

the district supervising inspectors. The counties shall pay the

salaries and necessary traveling expenses of local inspectors.

Acts 1981, 67th Leg., p. 1420, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 164.004. DUTIES OF INSPECTORS. (a) All dippings,

inspections, and certifications for scabies eradication and the

disinfection of cars, sheds, boats, chutes, alleys, platforms,

pens, or yards required by this chapter shall be performed by or

under the supervision of an inspector.

(b) Local inspectors shall perform all duties necessary to the

inspection, dipping, and certification of livestock under this

chapter.

Acts 1981, 67th Leg., p. 1420, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 164.005. ENTRY POWER. (a) An inspector is entitled to

enter any public or private place where cattle or sheep are kept

or ranged for the purpose of:

(1) ascertaining the presence of scabies infection;

(2) ascertaining any exposure to scabies; or

(3) inspecting, classifying, or dipping cattle or sheep for

scabies infection or exposure.

(b) If the inspector under Subsection (a) of this section

desires to be accompanied by a peace officer, the inspector may

apply for and obtain a search warrant as provided by Section

161.047 of this code.

(c) The person who owns or controls the place to be entered

under this section or who owns or controls the animals shall, on

request of the inspector or a member of the commission, gather

the animals on the range for inspection. Failure or refusal to

gather the animals is prima facie evidence that the premises and

the animals are infected with scabies and authorizes the

commission to quarantine the premises or animals in accordance

with this chapter.

Acts 1981, 67th Leg., p. 1421, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 164.006. ACTIONS OF COMMISSION. The presiding officer of

the commission may perform any act or duty of the commission

under this chapter.

Acts 1981, 67th Leg., p. 1421, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1995, 74th Leg., ch. 554, Sec. 29, eff.

Sept. 1, 1995.

SUBCHAPTER B. DIPPING

Sec. 164.021. DIPPING REQUIRED ON ORDER OF COMMISSION. (a) The

commission by written order may direct a person who owns,

controls, or cares for cattle or sheep that are scabies-infected

or are exposed to scabies, to dip any or all of those animals for

the purpose of destroying, eradicating, curing, or removing a

scabies infection or a source of exposure to scabies.

(b) An order of the commission under this section must be signed

by the commission or the presiding officer of the commission and

must contain the following:

(1) the date of issuance;

(2) the name of the person to whom the order is made;

(3) the approximate location of the premises on which the

animals are located;

(4) the county in which the premises are located;

(5) a statement in clear and intelligible language that the

sheep or cattle that the person owns, controls, or cares for are

infected with or exposed to scabies;

(6) an order directing the person to dip the animals, under the

supervision of an inspector and in the manner prescribed by the

commission, in a dipping solution provided by this chapter or in

a designated solution approved for that purpose by rule of the

commission; and

(7) a designation of the date, time, and place that the dipping

is to occur.

(c) An order under this section must be delivered to the person

owning or controlling the cattle or sheep not later than the 14th

day before the date and time for dipping designated in the order.

Acts 1981, 67th Leg., p. 1421, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1995, 74th Leg., ch. 554, Sec. 30, eff.

Sept. 1, 1995.

Sec. 164.022. HEARING. (a) Not later than the fifth day

following the day on which a person receives an order to dip

cattle or sheep, the person may file with the commission or the

presiding officer of the commission a written affidavit that:

(1) denies that the animals are subject to being dipped under

this chapter, or states that, for good and sufficient reason set

out in the affidavit, the person is entitled to have the order

rescinded or the dipping postponed; and

(2) requests that the commission withhold enforcement of the

order and grant a hearing on the matter or investigate the matter

as necessary to determine the correctness of the statement

contained in the affidavit.

(b) Not later than the fifth day following the day on which the

commission receives an affidavit under Subsection (a) of this

section, the commission shall, if desired by the affiant, grant

the affiant a hearing in the office of the presiding officer. The

commission shall give the affiant notice of the hearing by

telegram or registered mail and shall hold the hearing not

earlier than the fourth day following the day of giving that

notice.

(c) The commission shall consider the affidavit at the hearing

and shall, in person or by agent, investigate the matter as the

commission considers necessary.

(d) If the commission finds that the statement in the affidavit

is correct, the commission shall rescind the order or postpone

the dipping until a time that the commission considers proper. If

the commission finds that the statement in the affidavit is not

correct, the commission shall enforce the order on the date and

at the time designated in the order.

(e) Following a hearing, the commission shall deliver its

written findings to the affiant not later than the fourth day

before the date and time that the order requires the animals to

be dipped.

(f) A person who is dissatisfied with the findings of the

commission under this section may apply to a court of proper

venue and jurisdiction for an injunction or other relief.

Acts 1981, 67th Leg., p. 1422, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1995, 74th Leg., ch. 554, Sec. 31, eff.

Sept. 1, 1995.

Sec. 164.023. METHOD OF DIPPING. If the commission requires the

dipping of animals under this chapter, the animals shall be

submerged in a vat, sprayed, or treated in another sanitary

manner prescribed by the commission.

Acts 1981, 67th Leg., p. 1422, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 164.024. DIPPING INTERVALS. (a) For psoroptic scabies

infection or exposure, cattle or sheep shall be dipped at

intervals of not less than 10 days nor more than 14 days.

(b) For sarcoptic scabies infection or exposure, cattle or sheep

shall be dipped at intervals of not less than 6 days, except that

cattle shall be dipped only once if dipped in crude oil.

Acts 1981, 67th Leg., p. 1423, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 164.025. DIP SOLUTIONS FOR SHEEP. (a) For scabies

infection or exposure, sheep must be dipped in:

(1) a solution of lime and sulphur prepared as provided by this

section; or

(2) a solution approved by the commission and specified in the

order under which the sheep are dipped.

(b) For each 100 gallons of water, a lime and sulphur solution

must contain 8 pounds of unslaked lime, or 11 pounds of

commercial hydrated lime, and 24 pounds of flowers of sulphur.

Air-slaked lime may not be used in the solution. The solution

must be boiled for at least two hours prior to its use and must

be maintained at a strength of not less than 1-1/2 sulfide

sulphur.

(c) A dipping solution must at all times be maintained at a

temperature of not less than 95 degrees nor more than 105 degrees

Fahrenheit.

(d) A person may not use a dipping solution that has been mixed

and in the vat for more than 10 days.

Acts 1981, 67th Leg., p. 1423, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 164.026. DIP SOLUTIONS FOR CATTLE. (a) For psoroptic

scabies infection or exposure, cattle must be dipped in a

solution provided by Section 164.025 of this code for sheep,

except that a lime and sulphur solution must be maintained at a

strength of not less than two percent sulfide sulphur.

(b) For sarcoptic scabies infection or exposure, cattle must be

dipped in a solution provided by Section 164.025 of this code for

sheep or in crude oil.

Acts 1981, 67th Leg., p. 1423, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 164.027. DIPPING OF GOATS. A person shall dip goats

ranging with scabies-infected sheep at least once in the same

solution and in the same manner provided for the sheep, except

that the goats may not be held in the dipping vat for a longer

period than is necessary to thoroughly wet them.

Acts 1981, 67th Leg., p. 1423, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 164.028. DIPPING AT EXPENSE OF COUNTY. If a person ordered

to dip cattle or sheep under this chapter fails or refuses to dip

the animals, the county commissioners court shall provide

necessary vats, pens, other facilities, and materials, shall have

the animals dipped in accordance with this chapter, and shall pay

the expenses of the dipping by warrant drawn on the general funds

of the county.

Acts 1981, 67th Leg., p. 1423, ch. 388, Sec. 1, eff. Sept. 1,

1981.

SUBCHAPTER C. QUARANTINES

Sec. 164.041. ESTABLISHMENT. (a) If the commission determines

or is informed that scabies exists among cattle in another state,

territory, or country, the commission shall establish a

quarantine against all or the portion of the state, territory, or

country in which the disease exists. The quarantine is governed

by Chapter 161 of this code, except that only a scabies inspector

recognized by the commission for that purpose in the quarantine

notice may issue certificates or permits for the movement of

cattle subject to the quarantine. A person who violates the

quarantine is subject to the penalties provided by that chapter.

(b) If an inspector determines that a scabies infection or

exposure exists in a county or area of this state, on any

premises, including a road, pasture, lot, yard, stockyard, or

enclosure, or among any cattle or sheep, the commission may

quarantine the area, premises, or animals.

Acts 1981, 67th Leg., p. 1423, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 164.042. NOTICE. The commission shall give notice of a

quarantine established under Section 164.041(b) of this code in

one of the following manners:

(1) by posting written notice of the quarantine at the

courthouse door of the county in which the quarantine is

established and at two other conspicuous places in the area or on

the premises quarantined;

(2) by publishing notice in a newspaper in the county or, if

there is no newspaper in the county, by publishing notice in a

newspaper in an adjoining county; or

(3) by delivering written or printed notice to the owner or

caretaker of the animals or premises to be quarantined, with the

delivery made in person by a commission inspector, employee, or

member or with the delivery made by United States mail.

Acts 1981, 67th Leg., p. 1424, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 164.043. EFFECT OF QUARANTINE. If a county or area is

quarantined under Section 164.041(b) of this code, all premises

within the county or area and all cattle and sheep within the

county or area are quarantined even though not separately

designated.

Acts 1981, 67th Leg., p. 1424, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 164.044. MOVEMENT FROM QUARANTINED PREMISES; MOVEMENT OF

QUARANTINED ANIMALS. (a) A person may not move or permit to be

moved cattle or sheep that are under quarantine for scabies

infection or exposure or that are on premises quarantined for

scabies infection or exposure unless the cattle or sheep are

certified by a commission inspector.

(b) If the commission finds animals that have been moved in

violation of a quarantine established under this chapter, the

commission shall quarantine the animals until they have been

properly tested or dipped in accordance with the rules of the

commission.

Acts 1981, 67th Leg., p. 1424, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 164.045. DISINFECTION OF SHEARING PLANT IN QUARANTINED

AREA. (a) If scabies-infected sheep located on premise

quarantined for sheep scabies infection are shorn by an itinerant

shearing plant or crew, the person owning, controlling, or having

charge of the plant or crew shall, in accordance with this

section, disinfect the plant and the wearing apparel of the crew,

including laborers who shear the sheep or pack the wool, before

the plant or crew moves from the premises where the sheep are

shorn.

(b) All utensils, machinery, floors, ground coverings, and other

portions of the plant that come in contact with the body of the

sheep must be thoroughly cleaned with pure gasoline. The wearing

apparel of the shearers or laborers must be submerged in boiling

water for at least five minutes.

Acts 1981, 67th Leg., p. 1424, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 164.046. DISINFECTION OF QUARANTINED PREMISES. (a) In

accordance with this section, the owner, lessee, or person in

charge of premises quarantined for sheep scabies shall cleanse

and disinfect all places in which infected or exposed sheep have

been closely confined, including corrals, water lots, pens, and

sheds.

(b) The person shall remove and burn or bury all manure and

litter and then spray the surface of the places in which the

sheep were confined with a solution of six ounces of 95 percent

carbolic acid to each gallon of water or a solution of four

ounces of cresol compound USP to each gallon of water.

(c) Disinfection under this section must be performed under the

supervision of a commission inspector and before uninfected or

unexposed sheep are permitted to enter the places to be

disinfected.

Acts 1981, 67th Leg., p. 1425, ch. 388, Sec. 1, eff. Sept. 1,

1981.

SUBCHAPTER D. IMPORTATION OF SHEEP

Sec. 164.062. CERTIFICATE REQUIRED. (a) A person may not

import sheep into this state unless the shipment is accompanied

by a certificate certifying that:

(1) the sheep are free from scabies infection and exposure; or

(2) the sheep have been dipped in a solution recognized by the

Animal and Plant Health Inspection Service, United States

Department of Agriculture, for eradication of sheep scabies and

in a manner designed to have eradicated infection or exposure

within 10 days prior to the date of importation.

(b) A certificate under this section must be issued by an

accredited veterinarian of the state of origin of the shipment or

by a veterinarian of the Animal and Plant Health Inspection

Service, United States Department of Agriculture.

Acts 1981, 67th Leg., p. 1425, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 44, eff.

Sept. 1, 1989.

Sec. 164.063. QUARANTINE OF IMPORTED SHEEP. If the certificate

for a shipment of sheep shows that the sheep were dipped at the

point of origin in accordance with Section 164.062(a)(2) of this

code, the sheep shall be quarantined at the range on which the

sheep are placed in this state for a period of 180 days.

Acts 1981, 67th Leg., p. 1425, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 164.064. DESIGNATION OF INFECTED OR FREE AREAS; DIPPING

REQUIREMENTS. The commission may adopt rules designating areas

as infected or free from infection and shall establish dipping

requirements for the importation of sheep into this state.

Acts 1981, 67th Leg., p. 1426, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 164.065. EXHIBITIONS. The commission shall provide an

importer of show sheep a reasonable length of time, not to exceed

60 days after the date of importation, in which to display the

sheep at county fairs or livestock exhibitions. The importer

shall keep the sheep separate from all sheep other than show

sheep and shall dip the sheep at least once before they are

distributed to the range.

Acts 1981, 67th Leg., p. 1426, ch. 388, Sec. 1, eff. Sept. 1,

1981.

SUBCHAPTER E. REMEDIES AND PENALTIES

Sec. 164.082. CIVIL SUITS TO RECOVER PENALTY FOR CORPORATE

OFFENSE. If the person who commits an offense under this

subchapter is a corporation, the county attorney of the county in

which the offense occurred shall sue that person in a court of

competent jurisdiction on behalf of the state for the collection

of the fine provided for the offense.

Acts 1981, 67th Leg., p. 1426, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 164.083. FAILURE TO DIP FOR SCABIES. (a) A person commits

an offense if the person:

(1) owns, controls, or cares for cattle or sheep infected with

scabies or cattle or sheep that have been exposed to scabies

infection within six months prior to the date of an order to dip

under Section 164.021 of this code; and

(2) fails or refuses to dip the sheep or cattle at the time and

in the manner provided by the order of the commission.

(b) An offense under this section is a Class B misdemeanor.

(c) A person commits a separate offense for each day of failure

or refusal.

Acts 1981, 67th Leg., p. 1426, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 45, eff.

Sept. 1, 1989.

Sec. 164.084. MOVEMENT OF INFECTED, EXPOSED, OR QUARANTINED

ANIMALS. (a) A person commits an offense if the person:

(1) moves cattle or sheep in violation of Section 164.044(a) of

this code; or

(2) moves or permits to be moved along or across a public

highway or railroad, or on or across the land or premises of

another person, cattle or sheep that are infected with scabies,

exposed to scabies, or quarantined for scabies.

(b) An offense under this section is a Class B misdemeanor.

(c) A person commits a separate offense under Subsection (a)(2)

of this section for each highway, railroad, or person's land or

premises along, across, or onto which the person moves the cattle

or sheep.

(d) Venue for prosecution of an offense under Subsection (a)(2)

of this section is in any county into which or through which the

cattle or sheep are moved.

Acts 1981, 67th Leg., p. 1426, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 46, eff.

Sept. 1, 1989.

Sec. 164.085. REFUSAL TO PERMIT ENTRY OR GATHER ANIMALS FOR

INSPECTION. (a) A person commits an offense if the person:

(1) refuses to permit an inspector to enter any premises of

which the person is the owner, tenant, or caretaker for the

purpose of inspecting, classifying, or dipping animals infected

or exposed to scabies; or

(2) refuses to gather animals in accordance with Section

164.005(c) of this code.

(b) An offense under this section is a Class B misdemeanor.

(c) A person commits a separate offense for each day of refusal.

Acts 1981, 67th Leg., p. 1427, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 47, eff.

Sept. 1, 1989.

Sec. 164.086. FAILURE TO DISINFECT SHEARING PLANT. (a) A

person commits an offense if the person fails or refuses to

disinfect all or part of a shearing plant, or the wearing apparel

of each person shearing the sheep or handling or packing the

wool, in accordance with Section 164.045 of this code.

(b) An offense under this section is a Class B misdemeanor.

Acts 1981, 67th Leg., p. 1427, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 48, eff.

Sept. 1, 1989.

Sec. 164.087. FAILURE TO PROPERLY DISINFECT QUARANTINED

PREMISES. (a) A person commits an offense if the person

violates a provision of Section 164.046 of this code.

(b) An offense under this section is a Class B misdemeanor.

Acts 1981, 67th Leg., p. 1427, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 49, eff.

Sept. 1, 1989.

Sec. 164.088. IMPORTATION OF SHEEP WITHOUT CERTIFICATE OR

PERMIT. (a) A person commits an offense if the person imports

sheep into this state in violation of Subchapter D of this

chapter.

(b) An offense under this section is a Class B misdemeanor for

each head of sheep imported in violation of Subchapter D of this

chapter.

(c) A person commits a separate offense for each county into

which or through which the sheep are moved.

(d) Venue for prosecution of an offense under this section is in

any county into which or through which the sheep are moved.

Acts 1981, 67th Leg., p. 1427, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 50, eff.

Sept. 1, 1989.