1. (a) Definitions:

   1. (1) High risk area or county--An area or county that is epidemiologically judged to have a high probability for species susceptible for having, developing or being exposed to Chronic Wasting Disease (CWD).
   2. (2) Hold Order--A document restricting movement of a herd, unit, or individual animal pending the determination of its s disease status.
2. (b) Order Declaring a CWD High Risk County or Area. The Executive Director of the Texas Animal Health Commission may issue an order to declare a CWD high risk area or county based on sound epidemiological principles for disease detection, control, and eradication. The epidemiological criteria used for designating an area or county as high risk may include the presence of disease, multiple positive animals in the area, and common husbandry and animal use practices that could lead to disease exposure.

3. (c) The Order shall contain the following elements:

   1. (1) The epidemiological criteria for which the order is being issued.
   2. (2) A description of the area or county determined to be high risk that enables a person to identify the area and determine if a premise is included in the area.
   3. (3) A statement that movement of CWD susceptible species is prohibited, if the Executive Director determines the threat of disease spread warrants such action.
   4. (4) Any exceptions, terms, conditions, or provisions prescribed under this chapter must be stated in the order.
   5. (5) State the class of persons authorized by the commission or the Executive Director to issue certificates or permits permitting movement.

   6. (6) Any authorized movement certificate or permit must be issued in conformity with the requirements stated in the high risk notice:

      1. (A) The Executive Director may provide for a written certificate or written permit authorizing the movement of CWD susceptible species from locations where the CWD susceptible species have been restricted.
      2. (B) The certificate or permit must be issued by a Commission personnel or other person authorized by the Commission to issue a certificate or permit.

   7. (7) If the order prohibits the movement of any CWD susceptible species until tested negative for the disease, the Executive Director may prescribe:

      1. (A) any exceptions;
      2. (B) terms;
      3. (C) conditions; or
      4. (D) provisions that the Executive Director considers necessary or desirable to promote the objectives of this chapter or to minimize the economic impact of the equine without endangering those objectives or the health and safety of other CWD susceptible species.

4. (d) Publication of Notice. The Executive Director shall give notice of the Order:

   1. (1) By publishing notice in a newspaper published in the county in which the high risk area is established; or
   2. (2) By delivering a written notice to the owner or caretaker of the animals or places to be restricted.

Source Note:The provisions of this §40.7 adopted to be effective February 5, 2013, 38 TexReg 495.