The following words and terms, when used in this chapter, shall have the defined meanings, unless the context clearly indicates otherwise:

1. (1) Accredited Veterinarian--A licensed veterinarian who is approved to perform specified functions required by cooperative state-federal disease control and eradication programs pursuant to Title 9 of the Code of Federal Regulations, Parts 160 and 161.
2. (2) Affected Herd--Any herd in which any cattle have been classified as Tritrichomonas foetus positive on an official test and which has not completed the requirements for elimination of the disease from the herd.
3. (3) Cattle--All dairy and beef animals (genus Bos) and bison (genus Bison).
4. (4) Certified Veterinarians--Veterinarians certified with, and approved by the Commission to collect Trichomoniasis samples for official Trichomoniasis testing and to perform any other official function under the Trichomoniasis program.
5. (5) Commission--The Texas Animal Health Commission.
6. (6) Executive Director--The Executive Director of the Texas Animal Health Commission or his designee.
7. (7) Exempt Cattle (from testing requirements)--Cattle that have been physically rendered sterile for breeding.
8. (8) Exposed Cattle--Cattle that are part of an affected herd or cattle that have been in contact with Trichomoniasis infected cattle.

9. (9) Herd--

   1. (A) All cattle under common ownership or supervision or cattle owned by a spouse that are on one premise; or
   2. (B) All cattle under common ownership or supervision or cattle owned by a spouse on two or more premises that are geographically separated, but on which the cattle have been interchanged or where there has been contact among the cattle on the different premises. Contact between cattle on the different premises will be assumed unless the owner establishes otherwise and the results of the epidemiological investigation are consistent with the lack of contact between premises; or
   3. (C) All cattle on common premises, such as community pastures or grazing association units, but owned by different persons. Other cattle owned by the persons involved which are located on other premises are considered to be part of this herd unless the epidemiological investigation establishes that cattle from the affected herd have not had the opportunity for direct or indirect contact with cattle from that specific premises. Approved feedlots and approved pastures are not considered to be herds.
10. (10) Herd Test--An official test of all non-virgin bulls in a herd.
11. (11) Hold Order--A document restricting movement of a herd, unit, or individual animal pending the determination of disease status.
12. (12) Infected Cattle--Any cattle determined by an official test or diagnostic procedure to be infected with Trichomoniasis or diagnosed by a veterinarian as infected.
13. (13) Infected Herd--The non-virgin bulls in any herd in which any cattle have been determined by an official test or diagnostic procedure to be infected with Trichomoniasis or diagnosed by a veterinarian as being infected.
14. (14) Movement Restrictions--A "Hold Order," "Quarantine," or other written document issued or ordered by the Commission to restrict the movement of livestock or exotic livestock.
15. (15) Negative--Cattle that have been tested with official test procedures and found to be free from infection with Trichomoniasis.
16. (16) Official Identification/Officially Identified--The identification of livestock by means of an official identification device, official eartag, registration tattoo, or registration brand, or any other method approved by the Commission and/or Administrator of APHIS that provides unique identification for each animal. Official identification included USDA alpha-numeric metal eartags (silver bangs tags), 840 RFID tags, 840 bangle tags, official breed registry tattoos, official breed registry individual animal brands, and official Trich tags issued by the animal health official of the state of origin of imported bulls.
17. (17) Official Trichomoniasis test--A test for bovine Trichomoniasis, approved by the Commission, applied and reported by TVMDL or any other laboratory classified as an official laboratory by the Commission. The test document is valid for sixty (60) days and may be transferred within that timeframe with an original signature of the consignor.
18. (18) Positive--Cattle that have been tested with official test procedures and found to be infected with Trichomoniasis.
19. (19) Permit (VS 1-27)--A premovement authorization for movement of infected or exposed cattle from the farm or ranch of origin through marketing channels to slaughter or for movement of untested animals to a location where the animals will be held under hold order until testing has been accomplished.
20. (20) Quarantine--A written Commission document or a verbal order followed by a written order restricting movement of animals because of the existence of or exposure to Trichomoniasis. The Commission may establish a quarantine on the affected animals or on the affected place. The quarantine of an affected place may extend to any affected area, including a county, district, pasture, lot, ranch, farm, field, range, thoroughfare, building, stable, or stockyard pen. The Commission may establish a quarantine to prohibit or regulate the movement of any article or animal that the commission designates to be a carrier of Trichomoniasis and/or an animal into an affected area, including a county district, pasture, lot, ranch, farm, field, range, thoroughfare, building, stable, or stockyard pen.
21. (21) Test-Eligible Cattle--All sexually intact non-virgin male cattle and all sexually intact male cattle which have erupting or erupted permanent incisor teeth (or older), which are being imported into the state of Texas or is being sold, leased, gifted or exchanged in the state of Texas for breeding purposes.
22. (22) Trichomoniasis--A venereal disease of cattle caused by the organism Tritrichomonas foetus.
23. (23) TVMDL--The official laboratory for testing is the Texas Veterinary Medical Diagnostic Laboratory.
24. (24) Virgin Bull--Sexually intact male cattle which have not serviced a cow and which are not more than 24 months of age as determined by the presence of the two permanent central incisors in wear or birth date on breed registry papers certified by the breeder; or not more than 30 months of age and certified by both the breeder based on birth date and confirmed by his veterinarian that the bull facility is sufficient to prevent contact with female cattle. The certification by the breeder is valid for sixty (60) days and may be transferred within that timeframe with an original signature of the consignor.

Source Note:The provisions of this §38.1 adopted to be effective January 1, 2010, 34 TexReg 1977; amended to be effective November 2, 2010, 35 TexReg 9687.