The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise:
(1) APHIS--The Animal and Plant Health Inspection Service
of the United States Department of Agriculture.
(2) Approved Laboratory--A diagnostic laboratory approved
by the United States Department of Agriculture (USDA) Animal and Plant
Health Inspection Service (APHIS) Administrator to conduct official
tests for CWD in accordance with 9 CFR §55.8.
(3) Certified CWD Postmortem Sample Collector--An individual
who has completed appropriate training recognized by the commission
on the collection, preservation, laboratory submission, and proper
recordkeeping of samples for postmortem CWD testing, and who has been
certified by the commission to perform these activities.
(4) Certified Herd--A herd that has reached certified
status in the CWD Herd Certification Program in §40.3 of this
chapter (relating to CWD Herd Certification Program) or an equivalent
state or federal program authorized under 9 CFR Part 55.
(5) Chronic Wasting Disease (CWD)--A transmissible
spongiform encephalopathy of susceptible species. Clinical signs include,
but are not limited to, loss of body condition, loss of appetite,
incoordination, blank stares, tremors, listlessness, excessive salivation,
difficulty swallowing, increased drinking and urination, depression,
and other behavioral changes and eventual death.
(6) Commingled, Commingling--Cervids of any age are
commingled when they have direct physical contact with each other,
have less than 10 feet of physical separation or share equipment,
pens or stalls, pasture, or water sources/watershed, including contact
with bodily fluids or excrement from other farmed or captive cervids
(i.e., indirect contact). Animals are considered to have commingled
if they have had such direct or indirect contact with a CWD-positive
animal or CWD contaminated premises within the last five years.
(7) Commission--The Texas Animal Health Commission
(TAHC).
(8) CWD-Exposed Animal--A CWD susceptible species that
is part of a CWD-positive herd, or that has been commingled with or
been exposed to a CWD-positive animal or resided on a CWD contaminated
premises within five years of the discovery of CWD.
(9) CWD-Positive Animal--An animal that has had a diagnosis
of CWD established through official confirmatory testing conducted
by the National Veterinary Services Laboratories.
(10) CWD-Positive Herd--A herd in which a CWD-positive
animal resided at the time of CWD diagnosis.
(11) CWD Susceptible Species--All species in the Cervidae
family that have had a CWD diagnosis confirmed by an official test
conducted by an approved laboratory. Including but not limited to
white-tailed deer (Odocoileus virginianus), mule
deer (Odocoileus hemionus), black-tailed
deer (Odocoileus hemionus columbianus), North
American elk or wapiti (Cervus canadensis), red
deer (Cervus elaphus), sika deer (Cervus nippon), moose (Alces alces), reindeer and caribou (Rangifer tarandus), muntjac (Muntiacus), and any associated subspecies
and hybrids.
(12) CWD-Suspect Animal--A CWD susceptible species
with unofficial CWD test results, laboratory evidence or clinical
signs that suggest a diagnosis of CWD, as determined by a commission
representative, but for which official laboratory results are inconclusive
or not yet conducted.
(13) CWD-Suspect Herd--A herd with unofficial CWD test
results, laboratory evidence, or clinical signs that suggest a diagnosis
of CWD, as determined by a commission representative, but for which
official laboratory results are inconclusive or not yet conducted.
(14) CWD-Trace Herd--The term includes trace-back,
trace-forward, and otherwise epidemiologically linked herds. A trace-back
herd is any herd that contributed an animal to a CWD-positive herd
within the five years prior to the diagnosis of CWD in the positive
herd or is otherwise epidemiologically linked to a CWD-positive herd.
A trace-forward herd is any herd which has received animals from a
CWD-positive herd during a five-year period prior to the diagnosis
of CWD in the positive herd or from the identified date of entry of
CWD into the positive herd or is otherwise epidemiologically linked
to a CWD-positive herd.
(15) Executive Director--The Executive Director of
the Texas Animal Health Commission.
(16) Farmed or Captive Cervids--Privately or publicly
maintained or held cervids for economic or other purposes within a
perimeter fence or confined area, or captured from a free-ranging
population for interstate or intrastate movement and release.
(17) Herd--A group of cervids that is under common
ownership, control, or supervision and is grouped on one or more parts
of any single premises or on two or more geographically separated
premises where cervids are commingled or have direct or indirect contact
with one another.
(18) Herd Plan--A written herd or premises management
agreement developed by the commission, the herd owner, and other affected
parties. A herd plan sets forth the steps to take to control the spread
of CWD from a CWD-positive herd, to control the risk of CWD in a CWD-exposed
herd or CWD-suspect herd, or to prevent introduction of CWD into that
herd or any other herd.
(19) High-risk area or county--An area or county that
is epidemiologically determined to have a high probability for species
susceptible for having, developing or being exposed to CWD.
(20) Hold Order--A written commission order and action
restricting movement of a herd, animal, or animal product pending
the determination of CWD status.
(21) Location Identification Number (LID)--A nationally
unique number assigned by the commission to a premises starting with
the state postal abbreviation (TX) followed by six random alphanumeric
characters. Each LID is a geographically distinct location associated
with a verifiable physical address, geospatial coordinates, or other
location descriptors.
(22) Official Animal Identification--A device or means
of animal identification approved by USDA to uniquely identify individual
animals. The official animal identification must include a nationally
unique animal identification number that adheres to one of the following
numbering systems:
(A) National Uniform Eartagging System (NUES);
(B) Animal Identification Number (AIN);
(C) Premises-based number system using a Premises Identification
Number (PIN) or Location Identification Number (LID) in conjunction
with a livestock production numbering system; or
(D) Any other numbering system approved by the commission
for the identification of animals in commerce.
(23) Official CWD Test--A USDA-validated immunohistochemistry
(IHC) test of appropriate tissue samples for the diagnosis of CWD
conducted in an approved laboratory.
(24) Postmortem tissue samples--Means the obex, both
medial retropharyngeal lymph nodes, and an official animal identification
device attached to ear or skin tissue collected and prepared under
USDA APHIS guidelines for CWD postmortem sample collection.
(25) Premises Identification Number (PIN)--A nationally
unique number assigned by the commission or USDA to a premises. Each
PIN is a geographically distinct location associated with a verifiable
physical address, geospatial coordinate, or other location descriptors.
(26) Quarantine--A written commission order and action
of restricting animal or animal product movement from or onto a premises
because of the existence of or exposure to CWD.
(27) TAHC Authorized Veterinarian--A veterinarian who
is licensed to practice medicine in Texas, Category II accredited
by USDA APHIS VS, and has satisfactorily completed TAHC disease control
or eradication program training pursuant to 4 TAC Chapter 47, concerning
Authorized Personnel.
(28) USDA--The United States Department of Agriculture.
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| Source Note: The provisions of this §40.1 adopted to be effective August 22, 1999, 24 TexReg 6280; 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 4, 2022, 47 TexReg 5323; amended to be effective September 5, 2023, 48 TexReg 4839 |
