4 Tex. Admin. Code § 40.2 – General Requirements

(a) Procedures for issuing hold orders and quarantines.
1. (1) Any CWD-suspect herd shall be reported to a representative of the commission. The herd shall be restricted by hold order until the epidemiologic investigation and diagnosis are complete.
2. (2) A trace herd shall be restricted by hold order until an epidemiologic investigation by the commission is complete and the herd meets all herd plan requirements.
3. (3) A CWD-positive herd shall be restricted by quarantine until the herd meets all herd plan requirements.
4. (4) Any CWD-suspect, trace, and CWD-positive herds not complying with the epidemiologic investigation or herd plan requirements shall be restricted by quarantine.
(b) Requirements for CWD-suspect, trace, or CWD-positive herds.
1. (1) CWD-suspect animals shall be presented to a representative of the commission for the purpose of collection and submission of appropriate samples to an approved laboratory for diagnosis.
2. (2) Disposition of a positive herd as determined by a TAHC or USDA epidemiologist following completion of the investigation. A herd plan will be developed by a commission or USDA epidemiologist in consultation with the herd owner, and, if requested, their veterinarian. Unless otherwise determined by a commission epidemiologist and approved by the Executive Director, the herd plan shall include the following requirements for a period of five years:
  1. (A) Routine visual inspection of all animals in the herd by a commission or USDA veterinarian for the purpose of early detection of CWD-suspect animals.
  2. (B) Annual verification of herd inventory by a commission or USDA veterinarian.
  3. (C) Mandatory reporting of all CWD-suspect animals and all death losses. Mortality in animals of any age shall be immediately reported to a commission or USDA veterinarian for the purpose of collection of appropriate samples for submission to an approved laboratory for CWD surveillance.
  4. (D) CWD-exposed animals must be removed from the herd and:
    1. (i) Humanely euthanized, tested for CWD, and disposed of as specified in subsection (c) of this section; or
    2. (ii) Maintained under hold order for 5 years from the last exposure to a CWD-positive animal.
  5. (E) The herd shall remain under quarantine for 5 years from the last exposure to a CWD-positive or a CWD-exposed animal and until such time that all herd plan requirements are met.
3. (3) Disposition of trace herds. A herd plan will be developed by a commission or USDA epidemiologist in consultation with the owner, and, if requested, their veterinarian. Unless otherwise determined by a commission epidemiologist and approved by the Executive Director, the herd plan shall require the following for 5 years the herd plan shall include the following requirements for a period of five years:
  1. (A) Routine visual inspection of all animals in the herd by a commission or USDA veterinarian for the purpose of early detection of CWD-suspect animals.
  2. (B) Annual verification of herd inventory by a commission or USDA veterinarian.
  3. (C) Mandatory reporting of all CWD-suspect animals and all death losses. Mortality in animals of any age shall be immediately reported to a commission or USDA veterinarian for the purpose of collection of appropriate samples for submission to an approved laboratory for CWD surveillance.
  4. (D) CWD-exposed animals must be removed from the herd and:
    1. (i) Humanely euthanized, tested for CWD, and disposed of as specified in subsection (c) of this section; or
    2. (ii) Maintained under hold order for 5 years from the last potential exposure.
(c) Disposal of CWD-suspect and CWD-exposed animals. Animals euthanized due to a presumptive positive of CWD, including CWD-exposed animals in CWD-positive and trace herds, shall be humanely euthanized and appropriate samples collected to confirm the diagnosis, and disposed of by deep burial or incineration, including all animal products, by-products, and contaminated materials:
1. (1) on the premises where a CWD diagnosis was disclosed; or
2. (2) at a facility approved by the Executive Director.
(d) Payment of indemnity. The commission may participate in paying indemnity to purchase and dispose of CWD-positive, CWD-exposed, and CWD-suspect animals. Subject to available funding, the amount of the state payment for any such animals will be five percent of the appraised value established in accordance with 9 CFR §55.3. This payment is in participation with any Federal indemnity payments made in accordance with 9 CFR §55.2.

Source Note:The provisions of this §40.2 adopted to be effective August 22, 1999, 24 TexReg 6280; amended to be effective August 25, 2002, 27 TexReg 7513; 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.