Authority: IC 15-17-3-21

Affected: IC 15-17-10

Sec. 5. (a) Whenever an animal or herd is determined to be CWD positive, CWD suspect, or CWD exposed or an epidemiological investigation is unable to make a determination regarding the exposure of the animal or herd, the state veterinarian shall take steps to prevent, detect, contain, and eradicate CWD and may, without limitation on any other authority granted to the state veterinarian, do the following:

1. (1) Quarantine or otherwise restrict the movement of animals, carcasses, and feed or other material.
2. (2) Condemn animals, carcasses, and feed or other material.
3. (3) Specify the means of disposal for condemned items and animals in a manner appropriate for a prion disease.

4. (4) Conduct a complete epidemiologic investigation to determine the:

   1. (A) specific cause and source of the disease; and
   2. (B) population infected with and exposed to the disease.
5. (5) Order testing of any animal in the herd and require tissues from all CWD exposed or CWD suspect animals that die or are depopulated or otherwise killed to be tested for CWD.
6. (6) Take steps that are necessary or helpful to prevent, detect, contain, and eradicate CWD.

(b) Whenever a cervid is determined to be CWD positive, CWD suspect, or CWD exposed or an epidemiological investigation is unable to make a determination regarding the exposure of the herd, the state veterinarian will develop a herd plan in conjunction with the herd owner and appropriate federal agencies.

(c) A cervid owner shall follow and implement the provisions of the herd plan developed for the owner's herd under this section.

(d) The state veterinarian will determine when the provisions of the herd plan developed under this section have been completed.

(e) The following apply to indemnity payments made to an owner of an animal or herd that is condemned under this article:

1. (1) The state veterinarian shall utilize the federal indemnity program under 9 CFR 55 or other federal indemnity funds whenever possible to indemnify for animals condemned under this article.
2. (2) If federal funds are not available, the state veterinarian shall utilize procedures in IC 15-17-10 and 345 IAC 1-7-8 when indemnity is required, but the state veterinarian shall not pay more indemnity for an animal than the USDA would have paid under 9 CFR 55.2.

(Indiana State Board of Animal Health; 345 IAC 2-7-5; filed Jan 4, 2001, 1:59 p.m.: 24 IR 1340; readopted filed May 2, 2001, 1:45 p.m.: 24 IR 2895; filed Sep 12, 2002, 1:07 p.m.: 26 IR 349; readopted filed Jul 18, 2008, 8:16 a.m.: 20080813-IR-345080287RFA; filed May 23, 2013, 3:16 p.m.: 20130619-IR-345120491FRA; readopted filed Jul 10, 2019, 3:50 p.m.: 20190814-IR-345190168RFA; readopted filed Oct 15, 2025, 3:08 p.m.: 20251105-IR-345240625RFA)