CHAPTER 168. PULLORUM DISEASE AND FOWL TYPHOID CONTROL - Texas Statutes

AGRICULTURE CODE

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

SUBTITLE C. CONTROL OF ANIMAL DISEASES AND PESTS

CHAPTER 168. PULLORUM DISEASE AND FOWL TYPHOID CONTROL

Sec. 168.001. DEFINITIONS. In this chapter:

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

(2) "Laboratory" means the Texas Veterinary Medical Diagnostic

Laboratory.

(3) "Flock" means poultry and eggs produced by poultry.

(4) "Hatchery" means an enterprise that operates equipment for

the hatching of eggs.

(5) "Poultry" means domestic fowl, including chickens, turkeys,

and game birds.

Acts 1981, 67th Leg., p. 1454, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1991, 72nd Leg., ch. 40, Sec. 1, eff. April

19, 1991.

Sec. 168.002. CONTROL AND ERADICATION PROGRAM. The laboratory

shall promulgate and administer a program to control and

eradicate pullorum disease and fowl typhoid, with standards at

least as stringent as those specified in the National Poultry

Improvement Plan (7 U.S.C. Section 429).

Acts 1981, 67th Leg., p. 1455, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1991, 72nd Leg., ch. 40, Sec. 2, eff. April

19, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 2.01, eff.

Nov. 12, 1991.

Sec. 168.003. ADMINISTRATION OF PROGRAM; SEARCH WARRANT. (a)

In administering the program, the laboratory may:

(1) require the registration of hatcheries and hatchery supply

flocks;

(2) examine, test, monitor, and collect samples from any flock,

whether a hatchery supply flock or not, if the flock is suspected

of being infected or a potential source of infection;

(3) examine, test, monitor, and collect samples from any

hatchery supply flock;

(4) enter premises where flocks are kept or eggs are hatched as

necessary to administer this chapter; and

(5) promulgate rules necessary to the control and eradication of

pullorum disease and fowl typhoid.

(b) If a person conducting an inspection of premises under

Subsection (a)(4) of this section desires to be accompanied by a

peace officer, the person may apply to any magistrate in the

county where the property is located for the issuance of a search

warrant. In applying for the warrant, the person shall describe

the premises or place to be entered and shall by oath or

affirmation give evidence of probable cause to believe that entry

is necessary for the control or eradication of pullorum disease

or fowl typhoid. The application for the warrant and the warrant

itself need only describe the property or premises in terms

sufficient to enable the owner or caretaker to know what property

is referred to in the documents. The warrant entitles the person

to whom it is issued to be accompanied by a peace officer and by

assistants. The issuing magistrate may not charge court costs or

other fees for the issuance of this warrant.

Acts 1981, 67th Leg., p. 1455, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1991, 72nd Leg., ch. 40, Sec. 2, eff. April

19, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 2.01, eff.

Nov. 12, 1991.

Sec. 168.004. QUARANTINE AND DISPOSAL. (a) If the laboratory

determines that any part of a flock is infected, it shall certify

that information to the commission, and the commission shall

verify the infection and immediately quarantine part or all of

the flock. The commission may authorize the laboratory to

quarantine an infected flock on behalf of the commission. The

commission shall give notice of the quarantine in the same manner

as provided by law for the quarantine of other livestock and

fowl. The commission shall also order a cessation in the sale,

movement, or exhibition of quarantined poultry or eggs and may

seek an injunction to enforce an order concerning infected

flocks.

(b) A quarantined flock shall be disposed of in a manner

prescribed by the commission. If disposal involves movement to a

state or federally inspected poultry processing establishment,

the commission shall issue a certificate to accompany the flock.

When the flock is disposed of and other measures necessary to the

control and eradication of pullorum disease and fowl typhoid are

taken, the commission shall remove the quarantine.

(c) The owner of a quarantined flock is entitled to a retesting

of the flock before its disposal.

Acts 1981, 67th Leg., p. 1455, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 70, eff.

Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 40, Sec. 2, eff. April

19, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 2.01, eff.

Nov. 12, 1991.

Sec. 168.005. PUBLIC EXHIBITION. A person may not enter poultry

in public exhibition unless the stock originates from a flock or

hatchery free of pullorum disease and fowl typhoid or has a

negative pullorum-typhoid test after the 90th day before the day

of the exhibition. Chickens or turkeys entered in public

exhibition must be accompanied by a certificate of purchase from

the hatchery.

Acts 1981, 67th Leg., p. 1456, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 168.006. ASSISTANCE BY FLOCK OWNER. The owner of a flock

shall assist the laboratory and the commission in handling the

poultry and shall pen and present the flock on request.

Acts 1981, 67th Leg., p. 1456, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1991, 72nd Leg., ch. 40, Sec. 2, eff. April

19, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 2.01, eff.

Nov. 12, 1991.

Sec. 168.007. NO FEE CHARGED. Neither the laboratory nor the

commission may charge a fee for testing or laboratory examination

provided for under this chapter.

Acts 1981, 67th Leg., p. 1456, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1991, 72nd Leg., ch. 40, Sec. 2, eff. April

19, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 2.01, eff.

Nov. 12, 1991.

Sec. 168.008. PENALTY. (a) A person commits an offense if the

person refuses to:

(1) comply with an order of the commission or laboratory

concerning an infected flock; or

(2) admit a person with a search warrant obtained as provided in

Section 168.003 of this code.

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

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

person refuses to comply with an order or admit a person with a

search warrant.

Acts 1981, 67th Leg., p. 1456, ch. 388, Sec. 1, eff. Sept. 1,

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

Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 40, Sec. 2, eff. April

19, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 2.01, eff.

Nov. 12, 1991.