(a) Infected herds. All swine in infected herds must be confined to the premises under quarantine until the herd has been freed of brucellosis or sold for slaughter under permit. Three negative infected herd retests are required for release of quarantine, with the first retest occurring not sooner than 30 days nor more than 60 days after all reactors have been removed for slaughter. The second retest must be conducted 60 to 90 days after the first negative retest. A third negative infected herd retest is required 60 to 90 days following the second retest. Herds of origin of market swine test (MST) reactors that fail to reveal additional reactors on a herd test would not be required to be held under quarantine for additional testing unless there is evidence of Brucella infection or exposure to brucellosis.
(b) Adjacent and high risk herds. All swine in adjacent and high risk herds may be quarantined until an epidemiologist through testing or other epidemiological evidence determines the herd is not infected or not at risk of becoming infected.
(c) Depopulation. Any infected, adjacent, or high risk herd may be depopulated. The commission may order depopulation of a herd following a determination by the epidemiologist that the herd is a problem herd based on test results or other epidemiological data involving the herd.
(d) Indemnity. Indemnity may be paid to the herd owner, whose herd has been ordered depopulated, if funds are made available for indemnity purposes. The following criteria will be used in the payment of indemnity.
  (1) The entire herd (all swine under common ownership or management) must have been declared as infected or exposed.
  (2) An indemnity agreement must be signed and approved for payment by the executive director and the USDA, APHIS, VS veterinarian-in-charge.
  (3) The herd owner must comply with each requirement pertaining to herd depopulation and payment for indemnity.
  (4) All swine in a herd must be depopulated. They will be either permitted to slaughter on a VS Form 1-27 or euthanized.
  (5) State indemnity funds, when available, will be used for the reimbursement to the owner for swine not eligible for federal indemnity funds. The amount of state indemnity will be determined by an appraisal of the market value of the swine at time of depopulation less salvage, not to exceed $50 per head.

Source Note: The provisions of this §35.45 adopted to be effective September 28, 1990, 15 TexReg 5358; amended to be effective July 20, 1992, 17 TexReg 4748; amended to be effective March 22, 1994, 19 TexReg 1650.