1. (a) Entry from nonquarantined herd, flock, or area. All livestock or poultry entering Texas from any state, territory, or foreign country shall be from a herd, flock, or area not under quarantine except as provided in subsection (c) of this section.

2. (b) Certificate of veterinary inspection.

   1. (1) All nonquarantined livestock or poultry entering Texas from any state, territory, or foreign country shall have a certificate of veterinary inspection, except:

      1. (A) cattle 18 months of age and over delivered directly from the farm of origin to slaughter or a USDA specifically approved livestock market by the owner or consigned there and accompanied by a waybill;
      2. (B) cattle 18 months of age and over entering from other than a farm-of-origin may be moved to slaughter, to a designated pen, or to a quarantined feedlot when accompanied by an "S" permit on which each animal is individually identified. Brucellosis test data shall be written on the "S" permit and include test date and results of that test;
      3. (C) steers, spayed heifers, cattle under 18 months of age, sheep and goats delivered to slaughter or livestock market by the owner or consigned there and accompanied by a waybill;
      4. (D) cattle from brucellosis free states delivered directly to slaughter or consigned to slaughter and accompanied by a waybill;
      5. (E) swine and poultry delivered to slaughter by the owner or consigned there and accompanied by a waybill;
      6. (F) baby poultry which have not been fed or watered if from a national poultry improvement plan (NPIP) or equivalent hatchery, and accompanied by NPIP Form 9-3 or Animal and Plant Health Inspection Service (APHIS) Form 17-6 or, have an approved "Commuter Poultry Flock Agreement" on file with the state of origin and the Texas Animal Health Commission; and
      7. (G) steers, spayed heifers, and cattle under 18 months of age originating in New Mexico which are accompanied by a New Mexico official certificate of livestock inspection along with proof of brucellosis vaccination of heifers which are required to be vaccinated.

   2. (2) The certificate of veterinary inspection shall state that:

      1. (A) the veterinarian found the animals to be free of symptoms or evidence of communicable diseases determined by the commission to be dangerous to Texas animals; and
      2. (B) the animals were subjected to tests, immunizations, and treatment required by rule of the commission. Animals that have been vaccinated or tested for any disease as required by the commission shall be individually identified on the certificate of veterinary inspection except that brucellosis vaccinated heifers under 18 months of age with tattoos and vaccination tags require only a statement by the veterinarian that they are vaccinated and individually identified.

3. (c) Livestock or poultry entering from quarantined herds, flocks, or areas.

   1. (1) Animals, poultry, or birds originating in a state or area under quarantine as a result of action taken during a meeting of the commission shall not be moved into Texas except as specified in the quarantine notice.

   2. (2) Animals, poultry, or birds affected with or recently exposed to infectious, contagious, or communicable disease and not in an area or state under the commission's quarantine or that originate in quarantined herds or flocks shall not be moved into Texas unless:

      1. (A) they are consigned to slaughter or quarantined feedlot and accompanied by a VS Form 1-27 permit issued by an accredited veterinarian or regularly employed veterinarians or inspectors of the state of origin or of the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services; or
      2. (B) upon written permission by the executive director of the commission for each consignment.

4. (d) Entering Shows, Fairs, Exhibitions, and Assemblies.

   1. (1) Out-of-state or area origin. Livestock and poultry entering for exhibition and sale shall be accompanied by a certificate of veterinary inspection and a permit for entry. Livestock and poultry entering only for exhibition purposes are required to be accompanied by a certificate of veterinary inspection. Vaccination for brucellosis is not required for cattle. Equine may enter shows, fairs, exhibitions or assemblies without a certificate of veterinary inspection when accompanied by a valid equine interstate passport or equine identification card and a completed VS Form 10-11 showing negative results to an official EIA test within the previous six months. Sponsors of an assembly of equine are required to implement a procedure for review of records on each equine animal to confirm proof of EIA test negative status within the previous twelve months prior to allowing entry of the equine into facilities or locations where the animals will be commingled. Procedures other than confirmation of proof of EIA test negative status by the event sponsor(s) at the time of arrival at the event shall be submitted to the Commission at least 30 days prior to the event for consideration. A decision regarding a proposed procedure will be provided to the sponsor within 10 days of receipt by the Commission. Horses entering a pari-mutuel track must have a negative EIA test within the past 12 months and a Certificate of Veterinary Inspection.

   2. (2) In-state origin.

      1. (A) Equine. Must have had a negative EIA test within the past 12 months if entering a show, fair, exhibition, or assembly. Sponsors of an assembly of equine are required to implement a procedure for review of records on each equine animal to confirm proof of EIA test negative status within the previous twelve months prior to allowing entry of the equine into facilities or locations where the animals will be commingled. Procedures other than confirmation of proof of EIA test negative status by the event sponsor(s) at the time of arrival at the event shall be submitted to the Commission at least 30 days prior to the event for consideration. A decision regarding a proposed procedure will be provided to the sponsor within 10 days of receipt by the Commission. Horses entering a pari-mutuel track must have a negative EIA test within the past 12 months and a Certificate of Veterinary Inspection. Foals nursing a negative dam are exempt from testing.
      2. (B) Breeding rams. May enter shows, fairs, and exhibitions without a test for Brucella ovis if they originate in Texas.
      3. (C) Other livestock and poultry. Shall meet the same requirements for those entering from out-of-state and be accompanied by a certificate of veterinary inspection when entering shows, fairs, and exhibitions that are determined to be interstate. Livestock entered in all intrastate shows, fairs, and exhibitions are exempt from the certificate of veterinary inspection and testing requirements except poultry shall originate from flocks or hatcheries free of pullorum disease and fowl typhoid or have a negative pullorum-typhoid test within 30 days before exhibition.

5. (e) Entry permits.

   1. (1) All livestock or poultry entering Texas from any state, territory, or foreign country shall have an entry permit unless exempt by regulations governing entry by species or disease.
   2. (2) Entry permit requests shall be directed to the commission by either writing to Texas Animal Health Commission c/o Permits, P.O. Box 12966, Austin, Texas 78711-2966; or by telephoning (512) 719-0777.

Source Note:The provisions of this §51.2 adopted to be effective October 15, 1987, 12 TexReg 3549; amended to be effective September 20, 1989, 14 TexReg 4471; amended to be effective December 31, 1989, 14 TexReg 6549; amended to be effective February 25, 1991, 16 TexReg 771; amended to be effective May 20, 1991, 16 TexReg 2471; amended to be effective March 15, 1992, 17 TexReg 1536; amended to be effective July 20, 1992, 17 TexReg 4750; amended to be effective October 9, 1992, 17 TexReg 6444; amended to be effective January 1, 1997, 21 TexReg 5688; amended to be effective February 5, 1998, 23 TexReg 740; amended to be effective September 6, 1998, 23 TexReg 8830; amended to be effectiveOctober17,1999, 24 TexReg 8738; amended to be effective June 11, 2000, 25 TexReg 5329; amended to be effective December 24, 2000, 25 TexReg 12381.