1. (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 hall 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.

2. (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 TAHC or USDA epidemiologist following completion of the investigation. A herd plan will be developed by 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 16 months of age or older shall be 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) High risk 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 48 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 16 months of age or older 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) High risk 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 48 months from the last case of CWD.
      5. (E) The herd shall remain under quarantine for 36 months from the 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 three 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 16 months of age or older 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) High risk 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 48 months from the last potential exposure.

3. (c) Destruction of suspicious and high risk animals. Animals destroyed due to a presumptive diagnosis of CWD, including high risk 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.

Source Note:The provisions of this §40.2 adopted to be effective August 22, 1999, 24 TexReg 6280.