4 Tex. Admin. Code § 40.2 – General Requirements

(a) Procedures for issuing hold orders and quarantines.
1. (1) All herds suspicious of CWD, in which one or more animals are observed with signs which resemble the CWD profile, shall be reported to a representative of the Commission. The herd shall be restricted by hold order until the investigation and diagnosis have been completed.
2. (2) Trace herds shall be restricted by hold order until an epidemiologic investigation has been completed and the herd has met all requirements specified in a herd plan.
3. (3) CWD positive herds shall be restricted by quarantine until the herd has met all requirements specified in a herd plan.
4. (4) All suspicious, trace, and positive herds not complying with the requirements of an investigation or herd plan shall be restricted by quarantine.
(b) Procedures in suspicious, trace, and positive herds.
1. (1) CWD suspicious animals shall be presented to a representative of the Commission for the purpose of collection and submission of appropriate samples to an official laboratory for diagnosis.
2. (2) Disposition of a positive herd without evidence of transmission within the herd as determined by a TAHC or USDA epidemiologist following completion of the investigation. A herd plan will be developed by a TAHC or USDA epidemiologist in consultation with the herd owner, and their veterinarian (if requested by the owner). 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 TAHC or USDA veterinarian for the purpose of early detection of CWD suspicious animals.
  2. (B) Annual verification of herd inventory by a TAHC or USDA veterinarian.
  3. (C) Mandatory reporting of all CWD suspicious animals and all death losses. Mortality in animals of any age shall be immediately reported to a TAHC or USDA veterinarian for the purpose of collection of appropriate samples for submission to an official laboratory for CWD surveillance.
  4. (D) CWD exposed animals must be removed from the herd and:
    1. (i) Humanely destroyed, tested for CWD, and disposed of as specified in subsection (c) of this section; or
    2. (ii) Maintained under hold order for 60 months from the last case of CWD.
3. (3) Disposition of a positive herd with evidence of transmission within the herd as determined by a TAHC or USDA epidemiologist following completion of the investigation. A herd plan will be developed by a TAHC or USDA epidemiologist in consultation with the owner, and their veterinarian (if requested by the owner). 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 TAHC or USDA veterinarian for the purpose of early detection of CWD suspicious animals.
  2. (B) Annual verification of herd inventory by a TAHC or USDA veterinarian.
  3. (C) Mandatory reporting of all CWD suspicious animals and all death losses. Mortality in animals of any age shall be immediately reported to a TAHC or USDA veterinarian for the purpose of collection of appropriate samples for submission to an official laboratory for CWD surveillance.
  4. (D) CWD exposed animals must be removed from the herd and:
    1. (i) Humanely destroyed, tested for CWD, and disposed of as specified in subsection (c) of this section; or
    2. (ii) Maintained under hold order for 60 months from the last case of CWD.
  5. (E) The herd shall remain under quarantine for 60 months from the last case of CWD.
4. (4) Disposition of trace herds. A herd plan will be developed by a TAHC or USDA epidemiologist in consultation with the owner, and their veterinarian (if requested by the owner). 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 TAHC or USDA veterinarian for the purpose of early detection of CWD suspicious animals.
  2. (B) Annual verification of herd inventory by a TAHC or USDA veterinarian.
  3. (C) Mandatory reporting of all CWD suspicious animals and all death losses. Mortality in animals of any age shall be immediately reported to a TAHC or USDA veterinarian for the purpose of collection of appropriate samples for submission to an official laboratory for CWD surveillance.
  4. (D) CWD exposed animals must be removed from the herd and:
    1. (i) Humanely destroyed, tested for CWD, and disposed of as specified in subsection (c) of this section; or
    2. (ii) Maintained under hold order for 60 months from the last potential exposure.
(c) Destruction of suspicious and CWD exposed animals. Animals destroyed due to a presumptive diagnosis of CWD, including CWD exposed animals in positive and trace herds, shall be humanely euthanized, 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 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 destroy CWD positive animals, CWD exposed animals, 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 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.