1. (1) Each licensed elk facility shall submit both the obex portion of the brainstem and the medial retropharyngeal lymph nodes of any elk over 12 months of age that dies from any cause for testing for CWD by an official test at an approved laboratory, including:

   1. (a) collecting and preserving the brainstem and lymph node samples in formalin within 48 hours following the animals' death;
   2. (b) submitting the samples within seven days of collection for an elk farm and within 30 days of collection for an elk ranch to a laboratory approved by the state veterinarian; and
   3. (c) paying for laboratory fees and expenses incurred for the collection and shipping of samples.

2. (2) A person authorized by the state veterinarian or an approved laboratory shall collect the samples. An authorized person shall:

   1. (a) have training on collecting, storing, handling, shipping, and identifying specimens for submission; and
   2. (b) submit 90% testable samples.
   3. (c) If a state veterinarian authorized person does not submit 90% testable samples, they may lose their approval to collect samples and may require additional training.
3. (3) The department considers samples designated as "location," "unsuitable," or "insufficient follicles," and missing samples as untestable.

4. (4) To determine compliance with the CWD testing requirement, the department shall use the following formulas:

   1. (a) for an elk farm:

      1. (i) CWD Testing Compliance = (Dead Tested + Hunt Killed Tested + Slaughtered Tested) divided by (Missing + Total Dead + Total Hunt Killed Tested + Total Slaughtered);

   2. (b) for an elk ranch:

      1. (i) CWD Testing Compliance = (Dead Tested + Hunt Killed Tested + Slaughtered Tested) /(Missing + Dead + Hunt Killed + Slaughtered).
   3. (c) calculate the testing compliance using data from May 1 to April 30.
5. (5) An elk facility that does not have at least 90% testing compliance may conduct additional testing through slaughter or another protocol approved by the department to meet the testing compliance requirement before license renewal.

6. (6) If participating in the voluntary CWD Herd Certification Program, licensees shall:

   1. (a) complete an annual application; and
   2. (b) adhere to the USDA Chronic Wasting Disease Program Standards 2019 version requirements, which are incorporated by reference.

KEY: chronic wasting disease, elk, inspections, domesticated elk facility, domesticated elk, licensing

Date of Last Change: October 22, 2025

Notice of Continuation: December 28, 2021

Authorizing, and Implemented or Interpreted Law: 4-39-106; 4-39-303(6)