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

1. (1) Approved Laboratory--A diagnostic laboratory approved by the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) Administrator to conduct official tests for CWD in accordance with 9 CFR §55.8.
2. (2) Certified CWD Postmortem Sample Collector--An individual who has completed appropriate training recognized by the commission on the collection, preservation, laboratory submission, and proper recordkeeping of samples for postmortem CWD testing, and who has been certified by the commission to perform these activities.
3. (3) Chronic Wasting Disease (CWD)--A transmissible spongiform encephalopathy of susceptible species. Clinical signs include, but are not limited to, loss of body condition, loss of appetite, incoordination, blank stares, tremors, listlessness, excessive salivation, difficulty swallowing, increased drinking and urination, depression, and other behavioral changes and eventual death.
4. (4) Commingled, Commingling--Cervids of any age are commingled when they have direct physical contact with each other, have less than 10 feet of physical separation or share equipment, pens or stalls, pasture, or water sources/watershed, including contact with bodily fluids or excrement from other cervids (i.e., indirect contact).
5. (5) Commission--The Texas Animal Health Commission (TAHC).
6. (6) CWD-Exposed Animal--A CWD susceptible species that is part of a CWD-positive herd or was determined through an epidemiological investigation to have been exposed to or commingled with a CWD-positive animal.
7. (7) CWD-Positive Animal--An animal that has had a diagnosis of CWD established through official confirmatory testing conducted by the National Veterinary Services Laboratories.
8. (8) CWD-Positive Herd--A herd in which a CWD-positive animal resided at the time of CWD diagnosis.
9. (9) CWD Susceptible Species--All species in the Cervidae family that have had a CWD diagnosis confirmed by an official test conducted by an approved laboratory. Including but not limited to white-tailed deer (Odocoileus virginianus), mule deer (Odocoileus hemionus), black-tailed deer (Odocoileus hemionus columbianus), North American elk or wapiti (Cervus canadensis), red deer (Cervus elaphus), sika deer (Cervus nippon), moose (Alces alces), reindeer and caribou (Rangifer tarandus), muntjac (Muntiacus), and any associated subspecies and hybrids.
10. (10) CWD-Suspect Animal--A CWD susceptible species with unofficial CWD test results, laboratory evidence or clinical signs that suggest a diagnosis of CWD, as determined by a commission representative, but for which official laboratory results are inconclusive or not yet conducted.
11. (11) CWD-Suspect Herd--A CWD susceptible species herd with a CWD-suspect animal.
12. (12) CWD-Trace Herd--A CWD susceptible species herd that has been epidemiologically determined to have been exposed to a CWD-positive animal.
13. (13) Executive Director--The Executive Director of the Texas Animal Health Commission.
14. (14) Herd--A group of cervids that is under common ownership, control, or supervision and is grouped on one or more parts of any single premises or on two or more geographically separated premises where cervids are commingled or have direct or indirect contact with one another.
15. (15) Herd Plan--A written herd or premises management agreement developed by the commission, the herd owner, and other affected parties to control the spread of CWD.
16. (16) Hold Order--A written commission order and action restricting movement of a herd, animal, or animal product pending the determination of CWD status.
17. (17) Location Identification Number (LID)--A nationally unique number assigned by the commission to a premises starting with the state postal abbreviation (TX) followed by six random alphanumeric characters. Each LID is a geographically distinct location associated with a verifiable physical address, geospatial coordinates, or other location descriptors.

18. (18) Official Animal Identification--A device or means of animal identification approved by USDA to uniquely identify individual animals. The official animal identification must include a nationally unique animal identification number that adheres to one of the following numbering systems:

    1. (A) National Uniform Eartagging System (NUES);
    2. (B) Animal Identification Number (AIN);
    3. (C) Premises-based number system using a Premises Identification Number (PIN) or Location Identification Number (LID) in conjunction with a livestock production numbering system; or
    4. (D) Any other numbering system approved by the commission for the identification of animals in commerce.
19. (19) Official CWD Test--A USDA-validated immunohistochemistry (IHC) test or Enzyme-Linked Immunosorbent Assay (ELISA) test of appropriate tissue samples for the diagnosis of CWD conducted in an approved laboratory.
20. (20) Postmortem tissue samples--Means the obex, both medial retropharyngeal lymph nodes, and an official animal identification device attached to ear or skin tissue collected and prepared under USDA guidelines for CWD postmortem sample collection.
21. (21) Premises Identification Number (PIN)--A nationally unique number assigned by the commission or USDA to a premises. Each PIN is a geographically distinct location associated with a verifiable physical address, geospatial coordinate, or other location descriptors.
22. (22) Quarantine--A written commission order and action of restricting animal or animal product movement from or onto a premises because of the existence of or exposure to CWD.
23. (23) USDA--The United States Department of Agriculture.

Source Note:The provisions of this §40.1 adopted to be effective August 22, 1999, 24 TexReg 6280; amended to be effective February 5, 2013, 38 TexReg 495; amended to be effective October 7, 2013, 38 TexReg 6911; amended to be effective October 14, 2021, 46 TexReg 6905; amended to be effective September 4, 2022, 47 TexReg 5323; amended to be effective September 5, 2023, 48 TexReg 4839; amended to be effective September 16, 2025, 50 TexReg 6009.