CHAPTER 165. CONTROL OF DISEASES OF SWINE - Texas Statutes

AGRICULTURE CODE

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

SUBTITLE C. CONTROL OF ANIMAL DISEASES AND PESTS

CHAPTER 165. CONTROL OF DISEASES OF SWINE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 165.001. DEFINITION. In this chapter, "commission" means

the Texas Animal Health Commission.

Acts 1981, 67th Leg., p. 1428, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 165.002. OWNER TREATMENT. Except as otherwise provided by

law, a person may vaccinate, inoculate, or treat hogs owned by

that person with hog cholera virus or serum or with another

remedy, and a county demonstration agent may vaccinate,

inoculate, or treat any hogs in the county in which the agent is

employed with hog cholera virus or serum or with another remedy.

Acts 1981, 67th Leg., p. 1428, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 165.003. SALE OR DISTRIBUTION OF UNATTENUATED HOG CHOLERA

VIRUS. (a) A person may not sell, offer for sale, barter,

exchange, or give away unattenuated hog cholera virus.

(b) This section does not prohibit:

(1) acquisition, propagation, manufacture, or use of

unattenuated hog cholera virus by, and on the licensed premises

of, a firm operating under a United States veterinary license

issued by the secretary of agriculture of the United States;

(2) manufacture of unattenuated hog cholera virus by a firm

operating under a United States veterinary license for the sale

or distribution in states in which use of attenuated hog cholera

virus is permitted; or

(3) keeping vaccine on hand for purely experimental or research

activities by a recognized college, university, school, or

laboratory engaged in research activities.

(c) In this section, "unattenuated hog cholera virus" means a

hog cholera virus that has not been modified or inactivated.

Acts 1981, 67th Leg., p. 1428, ch. 388, Sec. 1, eff. Sept. 1,

1981.

SUBCHAPTER B. COOPERATIVE PROGRAM FOR DISEASE ERADICATION

Sec. 165.021. COOPERATION WITH U.S. DEPARTMENT OF AGRICULTURE.

The commission may cooperate with the United States Department of

Agriculture in the eradication of vesicular exanthema, foot and

mouth disease of swine, hog cholera, and other diseases of swine.

Acts 1981, 67th Leg., p. 1429, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 165.022. METHOD OF DISEASE ERADICATION. Following notice

and public hearing, the commission shall adopt rules for the

enforcement of this subchapter, including rules providing for the

manner, method, and system of eradicating swine diseases. The

rules may not exceed the rules relating to minimum standards for

cooperative programs adopted by the Animal and Plant Health

Inspection Service of the United States Department of

Agriculture.

Acts 1981, 67th Leg., p. 1429, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 165.023. USE OF BIOLOGICS. The commission shall adopt

rules governing the use of biologics as a protection against

dissemination of communicable swine diseases.

Acts 1981, 67th Leg., p. 1429, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 165.026. FEEDING GARBAGE TO SWINE. (a) A person may not

feed restricted garbage to swine or provide restricted garbage to

any person for the purpose of feeding swine, except that a

facility operated by the Texas Department of Criminal Justice may

feed restricted garbage to swine if the garbage is properly

treated in accordance with applicable federal requirements.

(b) A person may feed unrestricted garbage to swine only if the

person first registers with and secures a permit from the

commission.

(c) The commission may adopt rules for registration under this

section, including rules providing for registration issuance,

revocation, and renewal, disease tests, inspections, bookkeeping,

and appropriate handling and treatment of unrestricted garbage.

Registration with the commission shall be made on forms

prescribed by the commission, and the commission shall furnish

those forms on request. The commission may impose a registration

fee not to exceed $25 a year.

(d) The commission or the executive director of the commission

may issue an emergency administrative order to suspend a

registration under this section or require the immediate

quarantine and closure of a garbage feeding facility if the

commission or the executive director determines that the practice

presents a danger to public health or the livestock industry,

including any danger related to an insect infestation or the

transmission of a disease. An order must expire not later than

the end of the second month after the effective date of the

order.

(e) The commission or the commissioner may issue an order

prohibiting the feeding of restricted garbage to swine in all or

part of the state if the commission or the commissioner

determines that the practice presents a danger to public health

or the livestock industry, including any danger related to an

insect infestation or the transmission of a disease.

(f) This section does not apply to an individual who feeds

unrestricted garbage from the individual's own household, farm,

or ranch to swine owned by the individual.

(g) The commission, in cooperation with the department and any

other appropriate state agencies and political subdivisions,

shall:

(1) attempt to inform each supplier of restricted garbage and

each individual feeding garbage to swine of the provisions of

this section;

(2) assist garbage feeding facilities and individuals feeding

garbage to swine in identifying a source for obtaining

unrestricted garbage; and

(3) adopt measures designed to ensure compliance with this

section.

(h) In this section:

(1) "Restricted garbage" includes:

(A) the animal refuse matter and the putrescible animal waste

resulting from handling, preparing, cooking, or consuming food

containing all or part of an animal carcass;

(B) the animal waste material by-products or commingled animal

and vegetable waste material by-products of a restaurant,

kitchen, cookery, or slaughterhouse; and

(C) refuse accumulations of animal matter or commingled animal

and vegetable matter, liquid or otherwise.

(2) "Unrestricted garbage" includes the vegetable, fruit, dairy,

or baked goods refuse matter and vegetable waste and refuse

accumulations resulting from handling, preparing, cooking, or

consuming food containing only vegetable matter, liquid or

otherwise.

Acts 1981, 67th Leg., p. 1430, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1999, 76th Leg., ch. 764, Sec. 4, eff.

Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1207, Sec. 1, eff. Sept.

1, 2001.

Sec. 165.027. ENTRY POWER. (a) A representative of the

commission, including a member of the commission, is entitled to

enter the premises of any person for the purpose of inspecting

swine or the heating or cooking equipment required by this

subchapter or for the purpose of performing another duty under

this subchapter.

(b) A person may not refuse to permit an inspection authorized

by this subchapter.

Acts 1981, 67th Leg., p. 1430, ch. 388, Sec. 1, eff. Sept. 1,

1981.

SUBCHAPTER C. PENALTIES

Sec. 165.041. GENERAL PENALTY. (a) A person commits an offense

if the person violates a provision of Subchapter B of this

chapter or a rule adopted under that subchapter.

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

unless it is shown on the trial of the offense that the defendant

has been previously convicted under this section, in which event

the offense is a Class B misdemeanor.

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

violation.

Acts 1981, 67th Leg., p. 1430, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 51, eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 548, Sec. 20, eff. Sept.

1, 1993.

Sec. 165.042. SALE OF UNATTENUATED HOG CHOLERA VIRUS. (a) A

person commits an offense if the person violates Section 165.003

of this code.

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

Acts 1981, 67th Leg., p. 1431, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 52, eff.

Sept. 1, 1989.