HBA-BSM C.S.H.B. 3673 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3673 By: Swinford Agriculture & Livestock 4/12/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Foot and mouth disease is a highly infectious viral disease of cloven-hoofed animals such as cattle, swine, sheep, goats, and deer. It is a very serious threat to the livestock industry. In Great Britain, the latest outbreak of foot and mouth disease has led to over one million animals being slaughtered. Animal agriculture is the highest value sector of Texas agriculture with an estimated worth between $7 and $8 million. A foot and mouth disease outbreak would necessitate quarantine and depopulation of infected animals, as well as a cessation of livestock movement in the state to prevent the spread of the disease. A new worldwide epidemic of foot and mouth disease has so far reached 60 countries, and with increased global trade there is a possibility of meat contaminated with foot and mouth disease being brought into Texas. If garbage being fed to swine were to be infected with foot and mouth disease the swine would very likely become infected with the disease. C.S.H.B. 3673 authorizes the Texas Animal Health Commission to adopt rules to prohibit the feeding of garbage containing meat scraps if the practice presents a danger to the livestock industry, and to revoke permits of garbage feeding to swine for non-compliance with the law. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Animal Health Commission in SECTION 1 (Section 165.026, Agriculture Code) of this bill. ANALYSIS C.S.H.B. 3673 amends the Agriculture Code to authorize the Texas Animal Health Commission (TAHC) to adopt rules regarding the revocation of a permit issued by TAHC for feeding unrestricted garbage to swine, and the appropriate handling, treatment and cooking requirements of such garbage. The bill authorizes TAHC or the executive director of the TAHC to issue an emergency administrative order to suspend a registration or require the immediate quarantine and closure of a garbage feeding facility. The bill also authorizes the TAHC or the commissioner of agriculture (commissioner) to prohibit the feeding of restricted or unrestricted garbage to swine in all or part of the state if the TAHC or the commissioner determines that the practice presents a danger to public health or the livestock industry. The bill prohibits a person from feeding swine restricted garbage or providing a person restricted garbage for the purpose of feeding it to swine. A facility operated by the Texas Department of Criminal Justice is authorized to feed swine restricted garbage if the garbage is properly treated in accordance with applicable federal requirements. The bill removes the provision that a person is authorized to feed garbage to swine if the garbage has been heated to a temperature of 212 degrees Fahrenheit for a period of 30 minutes within 48 hours prior to feeding. The bill provides that restricted garbage is garbage containing animal refuse matter and unrestricted garbage is certain foodstuff not containing animal matter or waste. The bill provides that an offense concerning feeding garbage to swine is governed by current law until December 1, 2001. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3673 differs from the original bill by differentiating between restricted garbage, which contains animal matter, and unrestricted garbage, which does not contain animal matter. The substitute authorizes the Texas Animal Health Commission (TAHC) or the executive director of the TAHC to administer an emergency administrative order to suspend a registration or require the immediate quarantine and closure of a garbage feeding facility. The substitute differs from the original by authorizing the TAHC or the commissioner of agriculture to issue an order to prohibit restricted or unrestricted garbage for swine feed rather than authorizing the TAHC to adopt rules to prohibit the feeding of garbage to swine. C.S.H.B. 3673 adds to the original by prohibiting any person from feeding swine restricted garbage or providing restricted garbage for the purpose of feeding the garbage to swine. The substitute adds that the Texas Department of Criminal justice is authorized to feed restricted garbage to swine if federal requirements have been met. The substitute changes the effective date of the Act and provides that an offense concerning feeding garbage to swine is governed by current law until December 1, 2001.