| (a) Effectiveness.
(1) To the extent that any provision of this section
conflicts with any provision of this division, the provisions of this
section prevail.
(2) The provisions of Division 1 of this subchapter
apply to any facility designated by the department as a Category A
or Category B trace-out breeding facility, Tier 1 breeding facility,
or trace-in breeding facility subject to the provisions of this section.
(b) No deer from a facility subject to the provisions
of this section may be transferred or liberated except as provided
in this section or expressly authorized in a herd plan and then only
in accordance with the provisions of this division and the herd plan.
(c) Deer transferred under the provisions of this section
must be tagged in one ear with a button-type RFID tag approved by
the department.
(d) Category A trace-out breeding facility.
(1) A Category A facility is a trace-out breeding facility:
(A) in which all trace deer are alive in the facility;
or
(B) for which post-mortem test results of "not detected"
have been returned for trace deer that have died and all other trace
deer are alive and present in the facility.
(2) Immediately upon notification by the department
of Category A status, a facility is automatically NMQ. Except as provided
in paragraph (3) of this subsection, a permittee shall, upon notification
by the department of Category A status:
(A) within seven days euthanize all trace deer in the
breeding facility and submit test samples for each of those deer for
post-mortem testing within one business day;
(B) inspect the facility daily for mortalities;
(C) immediately report all test-eligible mortalities
that occur within the facility; and
(D) immediately collect test samples from all test-eligible
mortalities that occur within the facility and submit the samples
for post-mortem testing within one business day of collection.
(3) In lieu of the testing requirements prescribed
in paragraph (2)(A) of this subsection, a permittee may request the
development of a custom testing plan as provided in subsection (h)
of this section; provided however, the permittee must comply with
the requirements of paragraph (2)(B) - (D) of this subsection.
(4) The department in consultation with TAHC may decline
to authorize a custom testing plan under subsection (h) of this section
if an epidemiological assessment determines that a custom testing
plan is inappropriate.
(5) The department will not restore MQ status unless
CWD "not detected" test results are obtained for all required sample
submissions and the permittee has complied with all applicable requirements
of this subsection and this division.
(e) Category B trace-out breeding facility.
(1) A Category B facility is a trace-out breeding facility
in which less than 100% of the trace deer that department records
indicate were received by the facility are for whatever reason (including
but not limited to transfer, release, or escape) available for testing.
(2) Immediately upon notification by the department
of Category B status; a facility is automatically NMQ and the permittee
shall:
(A) within seven days euthanize all trace deer in the
breeding facility and submit test samples for each of those deer for
post-mortem testing within one business day;
(B) inspect the facility daily for mortalities;
(C) immediately report all test-eligible mortalities
that occur within the facility;
(D) immediately collect test samples from all test-eligible
mortalities that occur within the facility and submit the samples
for post-mortem testing within one business day of collection; and
(E) conduct ante-mortem testing of all test-eligible
deer in the facility as specified in the following:
(i) for a facility for which the date of last known
exposure is within the immediately preceding 18 months:
(I) submit rectal or tonsil biopsy samples; and
(II) submit tonsil biopsy samples collected no earlier
than 24 months from the date of last known exposure;
(ii) for a facility for which the date of last known
exposure is not within the immediately preceding 18 months and not
at a time prior to the immediately preceding 36 months: collect and
submit tonsil biopsy samples no earlier than 24 months from the date
of last known exposure; and
(iii) for a facility for which the date of last known
exposure occurred at a time after the immediately preceding 36 months:
collect and submit rectal or tonsil biopsy samples collected no earlier
than 36 months from the date of last known exposure.
(3) In lieu of the testing requirements prescribed
by paragraph (2)(A) and (2)(E) of this subsection, a permittee may
request the development of a custom testing plan as provided in subsection
(h) of this section; provided, however, the permittee must comply
with paragraph (2)(B) - (D) of this section.
(4) Samples required by paragraph (2)(E) of this subsection
shall be submitted no later than 45 days after the applicable last
known exposure period, or other date as determined by the department.
(5) The department in consultation with TAHC may decline
to authorize a custom testing plan under subsection (h) of this section
if an epidemiological assessment determines that a custom testing
plan is inappropriate.
(6) The department will not restore MQ status unless
CWD "not detected" test results are obtained for all required sample
submissions and the permittee has complied with all applicable requirements
of this subsection and this division.
(f) Tier 1 facility.
(1) Upon notification by the department of Tier 1 status,
a facility is automatically NMQ and the permittee shall:
(A) inspect the facility daily for mortalities;
(B) immediately report all test-eligible deer mortalities
that occur within the facility; and
(C) immediately collect test samples from all test-eligible
deer mortalities that occur within the facility and submit for post-mortem
testing within one business day of collection.
(2) A permittee may request the development of a custom
testing plan as provided in subsection (h) of this section; provided,
however, the permittee must comply with the provisions of paragraph
(1)(A) - (C) of this subsection.
(3) The department will not restore MQ status unless
the permittee has complied with all applicable requirements of this
subsection and this division, and any one of the following:
(A) post-mortem results of "not detected" have been
submitted for every exposed deer received from a trace facility; or
(B) the department has restored MQ status to all trace
facilities from which deer were received; or
(C) the permittee has conducted ante-mortem testing
as specified in subsection (e)(2)(E) of this section; or
(D) the permittee has conducted testing as specified
in compliance with the provisions of a custom testing plan under the
provisions of subsection (h) of this section to the satisfaction of
the department and TAHC.
(4) The department in consultation with TAHC may decline
to authorize a custom testing plan under subsection (h) of this section
if an epidemiological assessment determines that a custom testing
plan is inappropriate.
(g) Trace-in breeding facility. Immediately upon notification
by the department of trace-in facility status, a facility is automatically
NMQ.
(1) A permittee shall, upon notification by the department
of trace-in facility status:
(A) inspect the facility daily for mortalities;
(B) immediately report all test-eligible mortalities
that occur within the facility; and
(C) immediately collect test samples from all test-eligible
mortalities that occur within the facility and submit the samples
for post-mortem testing within one business day of collection.
(2) The department may restore MQ status to a trace-in
facility if all trace deer have been post-mortem tested with results
of "not detected."
(3) For a trace-in facility for which the provisions
of paragraph (2) of this subsection cannot be satisfied, the department
may restore MQ status upon:
(A) submission of tonsil biopsy ante-mortem test results
of "not detected" for all test-eligible deer within the facility,
provided the date of the last transfer to a positive facility occurred
within the 36 months preceding notification of trace-in facility status
by the department; or
(B) submission of tonsil or rectal biopsy test results
of "not detected" for all test-eligible deer within the facility,
provided the date of the last transfer to a positive facility occurred
at a time greater than 36 months from notification of trace-in facility
status.
(C) The test samples required to satisfy the requirements
of this paragraph must be submitted within 45 days of notification
by the department of trace-in facility status.
(4) In lieu of the testing requirements prescribed
in this subsection, a permittee may request the development of a custom
testing plan as provided in subsection (h) of this section; provided
however, the permittee must comply with the requirements of paragraph
(1) of this subsection.
(5) The department in consultation with TAHC may decline
to authorize a custom testing plan under subsection (h) of this section
if an epidemiological assessment determines that a custom testing
plan is inappropriate.
(6) The department will not restore MQ status unless
CWD "not detected" test results are obtained for all required sample
submissions and the permittee has complied with all applicable requirements
of this subsection and this division.
(h) Custom Testing Plan. Within seven days of being
notified by the department that a breeding facility has been designated
a Category A, Category B, trace-in facility, or Tier 1 facility, a
permittee may, in lieu of meeting the applicable testing requirements
of subsections (d) - (g) of this section, request the development
of a custom testing plan by the department in consultation with TAHC
based upon an epidemiological assessment conducted by the department
and TAHC. A custom testing plan under this subsection is not valid
unless it has been approved by the department and TAHC.
(1) The department shall temporarily suspend the applicable
testing provisions of subsections (d)(2)(A), (e)(2)(A) and (E), and
(g) of this section while the epidemiological assessment and custom
testing plan development under this subsection take place.
(2) Upon the development of a custom testing plan under
the provisions of this subsection, the department shall provide the
permittee with a copy of the custom testing plan and the permittee
shall, within seven days:
(A) agree in writing to comply with the provisions
of the custom testing plan; or
(B) notify the department in writing that the permittee
declines to participate in the custom testing plan.
(C) If a permittee chooses to decline participation
in a custom testing plan under this subsection, the provisions of
subsections (d)(2)(A), (e)(2)(A) and (E), and (g) of this section
take effect as of the date of the notification required by subparagraph
(B) of this paragraph and all time-dependent calculations of those
subsections begin.
(D) If a permittee agrees in writing to comply with
the provisions of a custom testing plan under this subsection, the
custom testing plan replaces the testing provisions of subsections
(d)(2)(A), (e)(2)(A) and (E), and (g) of this section.
(3) A breeding facility designated by the department
as Category A, Category B, trace-in, or Tier 1 is NMQ as of the date
of such notification and remains NMQ until the provisions of the custom
testing plan under this subsection have been satisfied.
(4) If for any reason the permittee does not comply
with the provisions of a custom testing plan under this subsection,
the provisions of subsections (d) - (g) of this section resume applicability.
(5) The terms of a custom testing plan under this subsection
are non-negotiable and final.
(i) Nursing facilities.
(1) Notwithstanding NMQ status, deer less than 120
days of age in any Category A, Category B, trace-in, and or Tier 1
facility may be transferred to a registered nursing facility, provided:
(A) the facility from which the deer are transferred
was MQ at the time the facility was designated Category A, Category
B, trace-in, or Tier 1; and
(B) no deer from any other breeding facility are or
have been present in the nursing facility during the current reporting
year.
(2) A registered nursing facility is prohibited from
accepting deer from more than one breeding facility in one reporting
year.
(3) No person may possess deer older than 120 days
of age in a nursing facility.
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