Section 40.1 - DefinitionsThe 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), (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.4 Tex. Admin. Code § 40.1
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 by Texas Register, Volume 46, Number 41, October 8, 2021, TexReg 6905, eff. 10/14/2021; Amended by Texas Register, Volume 47, Number 35, September 2, 2022, TexReg 5323, eff. 9/4/2022; Amended by Texas Register, Volume 48, Number 35, September 1, 2023, TexReg 4839, eff. 9/5/2023