(a) Procedures for issuing hold orders and quarantines.
(1) Any CWD-suspect herd shall be immediately reported to a commission representative. The herd shall be restricted by hold order until the commission's epidemiologic investigation and approved laboratory testing are complete.
(2) A CWD-trace herd shall be restricted by hold order until an epidemiologic investigation by the commission is complete and the herd meets all herd plan requirements.
(3) A CWD-positive herd shall be restricted by quarantine until the herd meets all herd plan requirements.
(4) Any CWD-suspect herd, CWD-trace, and CWD-positive herd not complying with the epidemiologic investigation or herd plan requirements shall be restricted by quarantine.
(b) Requirements for CWD-suspect herds, CWD-trace herds, or CWD-positive herds.
(1) CWD-suspect animals shall be presented to a commission representative for the purpose of collection and submission of appropriate samples to an approved laboratory for diagnosis.
(2) Disposition of a CWD-positive herd as determined by a commission or USDA epidemiologist following completion of the investigation. A herd plan will be developed by a commission or USDA epidemiologist in consultation with the herd owner, and, if requested, their veterinarian. Unless otherwise determined by a commission epidemiologist and approved by the executive director, the herd plan shall include the following requirements for a period of five years:
(3) Disposition of CWD-trace herds. A herd plan will be developed by a commission or USDA epidemiologist in consultation with the owner, and, if requested, their veterinarian. Unless otherwise determined by a commission epidemiologist and approved by the executive director, the herd plan shall include the following requirements for a period of five years:
(c) Disposal of CWD-suspect animal and CWD-exposed animal carcasses. After all required postmortem tissue samples are collected, carcasses or remaining parts of CWD-suspect animals and CWD-exposed animals, including all animal products, by-products, and contaminated materials, shall be disposed of by deep burial or incineration on the premises where the animal was located or at a facility approved by the executive director.
(d) Payment of indemnity. The commission may participate in paying indemnity to purchase and dispose of 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 indemnity 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; amended to be effective October 14, 2021, 46 TexReg 6905; amended to be effective September 5, 2023, 48 TexReg 4839