Bill Text

CWD Guidelines

When drafting any legislation to address Chronic Wasting Disease, there are several important guiding principles to keep in mind:

• Prevention is key. With the difficulty in containing the disease, the difficulty in detecting it, and the financial difficulties of eradicating it, states with contaminated herds face a daunting task.
• Very little is known about the spread of CWD and how to prevent it, thus continued research is necessary to determine how to manage deer and elk on game farms and in the wild.
• As yet, there is no reliable or widely-used live test to detect infection in deer and elk. Animals suspected of having CWD must be destroyed to accurately determine whether they carry the disease. Therefore, any legislation must consider procedures for reporting, testing, quarantines, and depopulation.
• As there are not nearly enough diagnostic labs to handle the task, testing of hunted deer will be extremely difficult and will likely discourage many hunters from participating in the coming seasons. This could have sweeping economic and ecological implications.
• Some states are now moving to ban importation or exportation of deer or elk in an effort to contain the spread of CWD. In several cases, transportation of elk or deer across borders has been recognized as the most likely cause of new infection.
• In states where wild deer and elk populations have been shown to be affected with CWD, baiting should not be allowed because it increases animal density and disease transmission.

Bill Text

Chronic Wasting Disease Prevention Act

An Act to Prevent the Spread of Chronic Wasting Disease Through Regulation of Deer and Elk Game Farms.

Summary: This bill restricts the out-of-state importing of domestic cervidae; provides for movement of domestic cervidae from one premises to another; provides for mandatory cervid Chronic Wasting Disease monitoring programs and voluntary cervid Chronic Wasting Disease certification program surveillance procedures; provides for testing and investigation of cervid Chronic Wasting Disease-infected animals; provides for research coordination and public awareness campaigns; and, provides for seizure, removal, and disposal of any unlawfully possessed domestic cervidae.

The people of the state of <insert state here>, represented in the state Legislature, do enact as follows:

Section 1. Short Title.

This Act shall be known and may be cited as the “Chronic Wasting Disease Prevention Act.”

Section 2. Intent.

The intent of this bill is to strengthen the state’s protection of domestic and wild elk and deer. Strong efforts to detect Chronic Wasting Disease (CWD) will ensure the economic and biological stability of these animals and the health of our citizens. It is imperative to prevent CWD from gaining a foothold in the state’s domestic and wild cervidae populations because the methods of transmission as well as potential risks to humans and cattle remain uncertain. This legislation would help establish preventative regulations within the game farm industry as well as develop a management plan that includes instructions for research and public awareness.

Section 3. Findings.

The state Legislature finds that:

(A) Chronic Wasting Disease is caused by a similar agent as Bovine Spongiform Encephalopathy, also known as “Mad Cow Disease,” and it fatally afflicts elk, mule deer, and white-tailed deer;

(B) Moratoria on the import of some or all deer and elk have been enacted by Colorado, Connecticut, Indiana, Idaho, North Carolina, Nebraska, New York, Oregon, Texas, Virginia, and Wisconsin in an effort to contain the spread of CWD;

(C) Chronic Wasting Disease was first found in wild elk and deer populations in Colorado, Wyoming, and Nebraska. Since 1994, CWD has been discovered in elk at commercial game farm operations in Colorado, Kansas, Montana, Nebraska, Oklahoma, Saskatchewan, and South Dakota. It has more recently been found in wild deer or mule deer populations in Illinois, New Mexico, South Dakota, Utah, and Wisconsin;

(D) The importation and exportation of deer and elk among states and game farms has most likely contributed to the spread of Chronic Wasting Disease;

(E) There currently is no live test or vaccine for Chronic Wasting Disease and diagnosis can now only occur post-mortem; and

(F) The methods of transmission as well as potential risks to humans and cattle from Chronic Wasting Disease remain uncertain.

Section 4. Definitions.

The following words and phrases when used in this Act shall have the meanings given to them in this section:

(A) “Accredited veterinarian” means a veterinarian approved by the Deputy Administrator of the U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Services (APHIS), Veterinary Services (VS), and the state veterinarian to perform functions required by cooperative state-federal animal disease control and eradication programs.

(B) “Adjacent herd” shall include the following:

(1) A herd of cervidae occupying premises that border a premises occupied by an affected herd, including herds separated by roads or streams;

(2) A herd of cervidae occupying premises that were occupied by an affected herd within the past five (5) years as determined by the designated epidemiologist; and

(3) Two (2) herds that are maintained on a single premises without regard to whether they are managed separately, have no commingling, or have separate herd records.

(C) “Administrator” means the administrator of the division regulating animal game farms or a designee.

(D) “Approved laboratory” means a laboratory certified to test for Chronic Wasting Disease (CWD) by the National Veterinary Services Laboratory (NVSL), located in Ames, Iowa.

(E) “Area veterinarian in charge (AVIC)” means the veterinary official of Veterinary Services (VS), Animal and Plant Health Inspection Services (APHIS), and the U.S. Department of Agriculture (USDA).

(F) “Breed associations and registries” mean organizations that maintain permanent records of ancestry or pedigrees of animals, individual animal identification records, and records of ownership.

(G) “Certificate” means an official document issued by a state or federal animal health official or an accredited veterinarian at the point of origin of a shipment of cervidae, which contains information documenting age, sex, species, individual identification, total number, purpose of the movement, points of origin and destination, identity of the consignor, identity of the consignee, status of the animals relative to official diseases, test results, and any other information required by the state animal health official for importation or translocation.

(H) “Certified Chronic Wasting Disease (CWD) cervid herd” means a herd of cervidae that has qualified for and has been issued a certified CWD cervid herd certificate signed by the Administrator.

(I) “Cervid dealer” means any individual or legal entity that engages in the business of buying, selling, trading, or negotiating the transfer of cervidae. The term does not include commercial slaughterhouses on contract to process domestic cervidae from domestic game farm operations.

(J) “Cervid herd” means all cervidae maintained on a premises. All cervidae on the premises shall be considered a single herd for purposes of this Act.

(K) “Cervid herd of origin” means a cervid herd, on any farm or other premises, where the animals were born, or where they were kept prior to date of shipment.

(L) “Cervidae” means deer, elk, moose, caribou, reindeer, and related species and hybrids including all members of the cervidae family and hybrids.

(M) “Cervidae farm or ranch” means locations where domestic cervidae are held, raised, propagated, or otherwise controlled.

(N) “Chronic Wasting Disease (CWD)” means a transmissible spongiform encephalopathy of cervid, which is a nonfebrile, transmissible, insidious, and degenerative disease affecting the central nervous system of cervidae. CWD is a reportable disease as described in <insert citation from applicable state statute>, and is a reportable emergency disease as defined in <insert citation from applicable state statute>. CWD may cause one (1) or more of the following signs or symptoms in affected animals:

(1) Weight loss despite retention of appetite;

(2) Behavioral abnormalities;

(3) Motor abnormalities including, but not limited to, incoordination;

(4) Tremor;

(5) Stargazing;

(6) Recumbency;

(7) Drooling;

(8) Aspiration pneumonia; and

(9) Death.

(O) “Chronic Wasting Disease-affected cervid herd” means a cervid herd in which any animal has been diagnosed as being affected with CWD, based on laboratory results, clinical signs and symptoms, or epidemiological investigations.

(P) “Chronic Wasting Disease-exposed cervid animal or herd” means a designation applied to cervidae that are not exhibiting symptoms of CWD and are either part of an affected herd, adjacent herd, or a herd from which an epidemiological investigation indicates that contact with CWD-affected animals or contact with animals from a CWD-affected herd has occurred in the previous five (5) years.

(Q) “Chronic Wasting Disease-monitored cervid herd” means a herd of cervidae for which the requirements of the mandatory cervid CWD monitoring program (mandatory monitoring program) have been met.

(R) “Chronic Wasting Disease-positive cervid animal” means an animal that has had a clinical diagnosis of CWD confirmed through positive test results on any official cervid CWD test by an approved laboratory or has been declared by state or federal animal health officials to be infected with CWD, based on clinical symptoms or other evidence of infection.

(S) “Chronic Wasting Disease-suspect cervid animal” means a cervid for which laboratory evidence or clinical signs suggest a diagnosis of CWD, but for which laboratory results are inconclusive.

(T) “Commingling” means animals that are less that thirty (30) yards apart.

(U) “Department” means the appropriate state department overseeing animal game farms.

(V) “Designated epidemiologist” means a state or federal veterinarian who has demonstrated the knowledge and ability to perform the functions required under this Act and who has been selected by the state veterinarian to fulfill the epidemiology duties relative to the state CWD program.

(W) “Disposal” refers to the elimination of those cervidae condemned, appraised, and slaughtered or destroyed by direction of the Administrator in accordance with <insert citation from applicable state statute>.

(X) “Division” means the specific appropriate state agency regulating animal game farms of the appropriate state department overseeing animal game farms.

(Y) “Domestic cervidae” means domestically raised, owned, or controlled deer, elk, moose, caribou, reindeer, and related species and hybrids, including all members of the cervidae family and hybrids.

(Z) “Domestic cervidae license” means a license issued by the Department that allows raising of domestic cervidae on a cervidae farm.

(AA) “Herd status” is a classification of a cervidae herd with regard to CWD including the mandatory monitoring program or voluntary cervidae Chronic Wasting Disease certification program (voluntary certification program). The possible status classifications include: monitored, certified, exposed, infected, trace, source, suspect, and pending.

(BB) “Individual herd plan” means a written herd management agreement and testing plan approved by the Administrator to identify and eradicate CWD from an affected, source, suspect, exposed, or adjacent herd.

(CC) “Limited contact” means incidental contacts between animals of different herds in separate pens off of the herd’s premises at fairs, shows, exhibitions, and sales.

(DD) “Mandatory cervid CWD monitoring program (mandatory monitoring program)” means a CWD monitoring and surveillance program requiring individual identification of all cervidae, maintenance of records showing all cervid identification numbers, sex, age, source, and disposition for all cervidae on the premises, laboratory diagnosis at the owner’s expense and examination of brain tissue or other tissues, as directed by the Administrator, on all deaths of cervidae.

(EE) “Nonparticipating herd” means a herd that is not enrolled in the mandatory monitoring or voluntary certification programs.

(FF) “Official cervid CWD test” means a test approved by the Administrator and conducted at an approved laboratory to diagnose CWD.

(GG) “Official cervid identification” means a USDA/APHIS/VS approved identification eartag that conforms to the alphanumeric national eartagging system as defined in 9 C.F.R. 71.1, and an ear tattoo or microchip which uniquely and permanently identifies each cervid as required by this Act.

(HH) “Owner” means an individual, partnership, company, corporation, or other legal entity that has legal or rightful title to an animal (cervid) or a herd of animals (cervidae).

(II) “Premises” means the ground, area, buildings, and equipment communally shared by a herd or herds of cervidae.

(JJ) “Quarantine” means an order issued on the authority of the Administrator by a state or federal animal health official or accredited veterinarian prohibiting movement of cervidae from any location without a written restricted movement permit.

(KK) “Quarantine facility” means a confined area where selected domestic cervidae can be secured and isolated from all other cervidae and livestock.

(LL) “Restricted movement permit” means an official document that is issued by the Administrator or area veterinarian-in-charge or an accredited veterinarian for movement of affected, suspect, or exposed animals.

(MM) “Source herd” means a herd in which, during the previous five (5) years, at least one (1) cervid has been diagnosed CWD-positive. Monitored or certified herds are considered source herds if an epidemiological investigation has led to such a herd, or an animal in such a herd has been diagnosed or suspected of having CWD. A herd will no longer be considered a source herd after it has completed the mandatory monitoring or voluntary certification program herd plan requirements. Methods for identification of a source herd include, but are not limited to, the following:

(1) DNA identification;

(2) Movement, production, or registry records; and

(3) Possessing the original eartag applied in herd of origin, tamper resistant eartag, or skin tattoo in ear or butt tissue.

(NN) “State” means any state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, Canadian provinces, or other foreign countries.

(OO) “State animal health official” means a state or federal employee working in animal health activities who is authorized by the Administrator to perform voluntary certification program and mandatory monitoring program duties or other CWD control duties.

(PP) “Status date” means the date on which the Administrator approves, in writing, a herd status change with regard to CWD.

(QQ) “Trace herd” means a herd in which at least one (1) CWD-positive animal originated within the previous five (5) years but does not meet the requirements outlined under the “source herd” definition.

(RR) “Traceback/traceforward” means the process of identifying the movements and the herd of origin of CWD-positive animals, including herds that were sold for slaughter or sold to other game farmers.

(SS) “Ungulate” means a hoofed animal.

(TT) “Voluntary cervid CWD certification program (voluntary certification program)” means a voluntary CWD certification program requiring monitoring, individual identification of all cervidae, maintenance of records showing all cervid identification numbers, sex, age, source, and disposition for all cervidae on the premises, and laboratory diagnosis at the owner’s expense. The program requires examination of brain tissue or other tissues, as directed by the Administrator, on all deaths of cervidae.

Section 5. State Chronic Wasting Disease Oversight Committee.

A state Chronic Wasting Disease Oversight Committee shall be established and composed of nine (9) members, including the Administrator or a designee, two (2) accredited veterinarians appointed by the Administrator, one (1) representative of the Department of Fish and Game <or your state’s equivalent department> appointed by the head of that department, one (1) representative of the Department of Agriculture <or your state’s equivalent department>, one (1) representative of the Department of Health and Welfare <or your state’s equivalent department>, one (1) sportsman representative appointed by the State Wildlife Federation <or your state’s equivalent for the State Wildlife Federation>, and two (2) cervidae ranchers appointed by the cervidae industry. The advisory board shall elect its own chairman and may advise the Administrator regarding management of the Chronic Wasting Disease programs.

Section 6. State Chronic Wasting Disease Research and Public Information.

The state shall coordinate research efforts to develop a live CWD test that will focus on all disease pathogens or by-products, including prions. The oversight committee shall also develop a plan for managing and assisting state veterinary diagnostic laboratories that may have to deal with increased pressure for CWD testing of wild game brought in by hunters. In addition, a CWD public awareness campaign shall be developed and implemented by the Department of Fish and Game <or your state’s equivalent department>.

Section 7. Supervision of Cervidae Chronic Wasting Disease Programs.

The Administrator shall provide routine supervision of the cervidae CWD programs. The Administrator shall meet at least annually with the state Chronic Wasting Disease Oversight Committee regarding management of the cervidae CWD programs. At the end of each fiscal year, the Department will prepare an annual report that addresses all aspects of the domestic cervidae game farm program to include funding, manpower, number of licensed game farms, number and types of animals, deficiencies noted during inspections along with corrective actions taken or pending, any disease problems including dispensation, numbers of deaths by types of animal and causes, results of tests for genetics and diseases, activities of the CWD Oversight Committee, and any other pertinent information related to the state’s domestic cervidae game farm program.

Section 8. Facilities.

(A) All domestic cervidae will be held in a secure enclosure. For the purpose of this section, a secure enclosure is one so constructed as to prevent danger to the surrounding environment, wildlife, or livestock of the state, including the escape of domestic cervidae or ingress of native wildlife ungulates.

(B) Dual perimeter fencing is required. Spacing between the dual fences must be a minimum of six (6) feet. Fences must be constructed of high-tensile, nonslip woven wire or other fencing material approved by the Administrator.

(1) For elk and fallow deer, the fence shall be a minimum of eight (8) feet in height for its entire length.

(2) For reindeer, the fence shall be a minimum of six (6) feet in height for its entire length.

(3) The top two (2) feet of each fence may be smooth, barbed, or woven wire, at least twelve and one-half (12 1/2) gauge, with horizontal strands spaced not more than six (6) inches apart. Wire shall be placed on the animal side of the fence to prevent pushing the wire away from the posts. Wire shall also be placed at ground level to prevent animals from escaping underneath.

(C) Fence posts used in the perimeter fence constructed of high-tensile, nonslip woven wire shall be at least butt-end treated with a commercially available preservative and have a minimum of a four-inch top for line posts and a minimum of a five-inch top for corner posts. Posts shall be spaced no more than twenty-four (24) feet apart, with stays, supports, or braces as needed, and be placed in the ground a minimum of three (3) feet. Any deviations from these specifications shall be approved by the Administrator.

(D) Fences shall be maintained at all times to prevent domestic cervidae from escaping or native wildlife ungulates from entering the enclosure. Precaution shall be taken to prevent tree-fall and waterway damage to fences, and repairs on such damage should be made immediately. If such animals do pass through, under, or over the fence because of any topographic feature or other conditions, the owner of the enclosure shall immediately repair or supplement the fence to prevent continued passage.

(E) Each enclosure shall have adequate gates that prohibit the escape of domestic cervidae.

(F) Each cervidae farm shall have a system of restraining domestic cervidae for the purpose of inspection and testing of animals by Division personnel. Minimum requirements include a working pen, an alleyway, and a restraining chute where animals can be humanely handled. The restraint facility shall be inspected by the Division at least yearly as part of the relicensing process. Restraint facilities must be approved by the Division prior to use or modification. If the facility is determined to be acceptable, the Division will then approve it for use.

(G) If animals are to be imported onto the domestic cervidae farm, a quarantine facility shall be provided for holding animals until testing is accomplished.

(H) In no instance shall traditional livestock, including cattle and sheep, be allowed to use pastures or any facilities on domestic cervidae game farm premises.

Section 9. Prohibition of Deer Baiting.

(A) No person shall engage in the act of baiting for deer or shall knowingly take deer from a baited area.

(B) No person shall place bait for the taking of deer, or shall knowingly take deer from a baited area, provided that the Administrator may grant a special permit for scientific purposes, animal damage control, or for any other purpose, allowing such baiting, at his/her discretion.

Section 10. Identification.

(A) All domestic cervidae shall be individually and uniquely identified by two (2) of the three (3) following methods:

(1) Official USDA eartag or other eartag approved by the Administrator;

(2) Ear tattoo using an alphanumeric tattoo sequence that has been recorded with the Division. The tattoo shall be applied in the left ear; and

(3) Microchip approved by the Division, in cooperation with the <insert your state’s equivalent for the brand board>, with an identifying number/frequency that has been recorded with the Division.

(B) Cervidae breeders shall place an additional visible eartag in each animal so that identification of individual animals is possible without restraint of the animal.

(C) All progeny of domestic cervidae shall be permanently identified by December 31 of the year of birth or upon leaving the cervidae farm, whichever is earlier. Official identification, once assigned to an individual animal, shall not be changed or transferred to another animal. Animals that lose identification devices shall be re-identified in accordance with this section.

Section 11. Disease Control and Genetics.

(A) The Division shall establish rules for the application of standards for tuberculosis and brucellosis eradication in domestic cervidae.

(B) The Administrator may require that domestic cervidae in the state be tested for brucellosis (brucella abortus or brucella suis), tuberculosis (mycobacterium bovis), meningeal worm (parelaphostrongylus tenuis) or muscle worm (elaphostrongylus cervus), CWD, and/or for other diseases or parasites determined to pose a risk to other domestic cervidae, livestock, or wildlife.

(C) The Administrator shall determine appropriate testing procedures and methods which shall be set forth by rule.

Section 12. Notification of Diseased Animal – Action by the Administrator.

(A) Any owner, caretaker, or dealer in domestic cervidae, and any veterinarian practicing in the state, and any lab conducting cervidae testing who has reason to believe that domestic cervidae are exposed to a dangerous or reportable disease or parasite shall notify the Division immediately. The Administrator may order inspection, quarantine, examination, or testing of such animals by a licensed accredited veterinarian, or representative of the Division.

(B) The Administrator shall determine when testing, treatment, quarantine, or disposal of domestic cervidae is required at any domestic cervidae farm or ranch.

(C) If the Administrator determines that testing, treatment, quarantine, or disposal of domestic cervidae, or disinfection or sterilization of facilities is required, a written order shall be issued to the owner describing the procedure to be followed and the time period for carrying out such actions. The Division shall, by rule, provide for procedures for disinfecting premises for tuberculosis, brucellosis, and CWD.

Section 13. Restriction on Import of Domestic Cervidae – Conditional Import of Domestic Cervidae.

(A) No person shall import domestic cervidae from outside the state of <insert state here>.

(B) Provided, however, that at such time a test verified by the USDA becomes available to live test for the presence of CWD, domestic cervidae may enter the state of <insert state here>, provided that they are accompanied by a certificate of veterinary inspection attesting to the fact that they have been inspected within thirty (30) days of date of shipment, that they are free from evidence of CWD or other infectious, contagious, or communicable diseases, or known exposure thereto, during the preceding sixty (60) days, and that they meet the following requirements:

(1) Be individually identified, by an official USDA identification tag or microchip, on a certificate of veterinary inspection issued by the veterinarian who conducted the tests, and one of the following notices shall appear on the certificate of veterinary inspection:

(a) “These cervidae originate from a herd in which they have resided for at least one (1) year or into which they were born and none of the cervidae identified on this certificate are from a CWD exposed, suspect, affected, source, positive, pending, trace, or adjacent herd. There has been no diagnosis, sign, or epidemiological evidence of CWD in this herd. The herd of origin has been in a CWD monitoring program for the past year, for the past two (2) years, and for the past three (3) years, as certified by the state animal health official. Records and causes of death for the past five (5) years in this herd shall be made available to the state animal health official”; or

(b) “These cervidae originate from a herd which has been determined to have certified CWD cervid herd status by the animal health official of the state of origin. Records and causes of death for the past five (5) years in this herd shall be made available to the state animal health official”;

(2) Be destined for a domestic cervidae farm currently licensed by the Division; and

(3) Enter on an import permit issued by the Division.

(C) The Division shall provide definitions for the various types of herd status pursuant to rule.

(D) Movement of cervidae between accredited American Zoological Association (AZA) facilities is exempt from the tuberculosis testing requirements of this section. All other movement from AZA accredited facilities shall comply with the tuberculosis requirements.

Section 14. Movement of Domestic Cervidae from One Premises to Another.

(A) All intrastate movements of cervidae in the mandatory monitoring and voluntary certification programs other than to a state or federally inspected slaughter establishment shall be accompanied by an intrastate movement certificate which shall be provided by the Division, and which is signed by the consignor and consignee of the cervidae. All cervidae slaughtered at such facilities must have brain tissue samples tested for CWD by an approved laboratory as defined in this Act.

(B) The intrastate movement certificate shall include the following:

(1) Consignor’s name, address, phone number;

(2) Consignee’s name, address, phone number;

(3) Individual animal identification and premises identification numbers;

(4) Age, sex, and species of the animal(s); and

(5) One (1) of the following notices shall appear on the certificate of veterinary inspection:

(a) “These cervidae originate from a herd in which they have resided for at least one (1) year or into which they were born and none of the cervidae identified on this certificate are from a CWD exposed, suspect, affected, source, positive, pending, trace, or adjacent herd. There has been no diagnosis, sign, or epidemiological evidence of CWD in this herd. The herd of origin has been in a CWD monitoring program for the past year, for the past two (2) years, and for the past three (3) years, as certified by the state animal health official. Records and causes of death for the past five (5) years in this herd shall be made available to the state animal health official”; or

(b) “These cervidae originate from a herd which has been determined to have certified CWD cervid herd status by the state animal health official. Records and causes of death for the past five (5) years in this herd shall be made available to the state animal health official.”

(C) The Division shall provide definitions for the various types of herd status pursuant to rule.

(D) The intrastate movement certificate shall be mailed to the Division within five (5) business days of date of shipment.

Section 15. Mandatory Monitoring Program and Voluntary Certification Program Surveillance Procedures.

(A) Mandatory monitoring program surveillance procedures shall include the following:

(1) Brain tissue from all cervidae slaughtered on game farms where domestic cervidae are shot and killed and from all cervidae slaughtered at other slaughter establishments or killed during shoots shall be submitted to approved laboratories and tested or examined for CWD. Owners may arrange to have an accredited veterinarian collect and submit samples as directed by the Administrator to be in compliance with the manditory monitoring program; and

(2) Surveillance for CWD, as defined by examination of brain tissue or other tissues as directed by the Administrator, on all deaths of cervidae must be maintained for all cervid herds.

(B) Voluntary certification program surveillance procedures shall include the following:

(1) Surveillance for CWD, as defined by examination of brain tissue or other tissues as directed by the Administrator, on all deaths of cervidae must be maintained for all cervid herds. In case of death loss where samples are not submitted for evaluation due to postmortem changes or unavailability, the Administrator shall conduct an investigation to determine compliance. Owners may collect and submit samples as directed by the Administrator to be in compliance with the voluntary certification program; and

(2) Surveillance shall continue until certification is granted by the Administrator, at which time the Administrator may allow for the cessation of surveillance testing in CWD-certified herds.

Section 16. Official Cervid Chronic Wasting Disease Tests.

Official cervid tests for CWD shall include:

(A) Histopathology;

(B) Immunohistochemistry;

(C) Western blot;

(D) Negative stain electron microscopy;

(E) Bioassay; and

(F) Any other scientifically validated laboratory or diagnostic test approved by the national veterinary services laboratory (NVSL), located in Ames, Iowa.

Section 17. Investigation of Cervid Chronic Wasting Disease-Affected Animals.

(A) Traceback/traceforward shall be performed for all animals diagnosed as affected with CWD pursuant to the provisions of this Act. An epidemiological investigation shall be conducted on all herds of origin and all adjacent herds. All herds of origin, adjacent herds, and herds having contact with affected or exposed animals shall be quarantined.

(B) Nonparticipating herds, CWD-affected herds, source and trace herds, suspect herds, or herds that have received high-risk animals shall be placed and held under quarantine until the affected, infected, or high-risk animals have been slaughtered or depopulated in accordance with <insert citation for applicable state statute>. Affected herds not participating in the certification program shall remain under quarantine until the entire herd has been depopulated in accordance with <insert citation for applicable state statute>.

(C) Suspect cervid animals will be quarantined until CWD positive or negative status is confirmed.

Section 18. Duration of Quarantine – Depopulation.

(A) Quarantines imposed in accordance with this Act shall remain in effect until one (1) of the following criteria is met:

(1) For herds of origin, the quarantine may be released after a minimum of five (5) years of compliance with all provisions of this Act, during which there was no evidence of CWD;

(2) For herds having contact with affected or exposed animals, the quarantine may be released after a minimum of five (5) years of compliance with all provisions of this Act and during which there was no evidence of CWD; or

(3) For adjacent herds, the quarantine shall remain in effect as directed by the Administrator in consultation with the epidemiologist.

(B) A depopulation occurs as follows:

(1) Complete depopulation of all cervidae on the premises;

(2) The premises have been free of all ungulates for at least five (5) years;

(3) The soil and facilities have been treated or disinfected pursuant to procedures set forth by rule of the Division and according to the provisions of this Act; and

(4) The premises are repopulated in complete compliance with the mandatory monitoring program.

Section 19. Declaration of Emergency – Condemnation.

(A) The <insert applicable state agency / department> is authorized to declare CWD a disease which constitutes an emergency.

(B) In the event that the <insert applicable state agency / department> determines that an emergency exists, animals that are found to be infected, affected with, or exposed to CWD may be condemned. Condemned animals shall be handled as provided by <insert citation for applicable state statute>.

(C) Every owner, breeder, or dealer in cervidae and any person bringing cervidae into this state who observes the appearance or symptoms of any disease, or who has knowledge of exposure of the cervidae to disease as herein set forth among the cervidae, livestock, or other animals owned by him or under his care, shall give immediate notice of the appearance or symptoms of disease to the Administrator, by telephone or facsimile. Any owner of cervidae who fails to make report as herein provided shall forfeit all claims for indemnity for animals condemned and slaughtered or destroyed on account of CWD.

Section 20. Herd Plan.

In those cases where any CWD-exposed, CWD-suspect, CWD-affected, CWD-source, CWD-trace, or CWD-adjacent herd that is not depopulated as described in this Act, the owner, a designated epidemiologist, the owner’s accredited veterinarian, if requested, APHIS representative, and state animal health official shall develop a plan for monitoring and eradicating CWD in each affected, exposed, suspect, source, trace, or adjacent herd. The plan must be designed to reduce and eliminate CWD from the herd, to prevent spread of the disease to other herds, and to prevent reintroduction of CWD after the herd becomes a certified CWD cervid herd. The herd plan shall be developed and signed within sixty (60) days after completion of the epidemiological evaluation of the herd. The herd plan shall address herd management and adherence to all provisions of this Act. The plan shall be formalized as a memorandum of agreement between the owner and program officials, shall be approved by the Administrator, and shall include plans to obtain certified CWD cervid herd status.

Section 21. Identification and Disposal Requirements.

Affected and exposed animals shall be identified and remain on the premises where they are found until they are identified and disposed of at the direction of the Administrator in accordance with this Act and include:

(A) Disposal procedures for depopulated cervidae which are in accordance with the U.S. Department of Agriculture’s guidelines for transmissible spongiform encephalopathy (TSE) carcass disposal; and

(B) Prohibition on permitting carcasses of affected cervidae from entering the human or animal food chains.

Section 22. Cleaning and Disinfection.

Premises shall be cleaned and disinfected under state or federal supervision as directed by the Administrator within fifteen (15) days after affected animals have been removed. The Division shall make, promulgate, and enforce rules setting forth the required procedure for cleaning and disinfection.

Section 23. Methods for Obtaining Certified Chronic Wasting Disease Cervid Herd Status.

(A) Certified CWD cervid herd status shall include all cervidae under common ownership. A herd, or herds, shall not be commingled with other cervidae that are not certified or are of lessor CWD program status. To qualify a CWD cervid herd for status as a certified CWD cervid herd, the owner shall apply to the Administrator, comply with all requirements of the voluntary certification program, and document that the herd has no evidence of CWD. The Administrator shall determine the herd certification status.

(B) The status and enrollment time of a voluntary certification program herd may remain with the herd when a change of ownership, management, or premises occurs, if there is no contact with cervidae of lesser status, and no previous history of CWD on the premises. Animals imported into a voluntary certification program herd must come only from herds of equal or greater CWD certification program status. Upon request, and with proof of purchase, the Administrator may issue a new voluntary certification program certificate in a new owner’s name for those purchasing a certified CWD cervid herd. The voluntary certification program status date shall remain the same, and if part or all of the purchased herd is moved directly to premises that have no other cervidae or history of CWD, the herd may retain certified CWD status. The voluntary certification program status date of the new herd is the date of the most recent herd voluntary certification program certification status certificate.

(C) Upon request and with proof by records, a herd may achieve a certified CWD cervid herd status by the herd owner complying with the voluntary certification program as defined in this Act and pursuant to rules of the Division and documenting the herd does not exhibit evidence of CWD for a period of at least five (5) years.

Section 24. Recertification of Chronic Wasting Disease Cervid Herds.

Herd certification is valid for twelve (12) months so long as the certification requirements are met. For continuous certification, adherence to the provisions of this Act, and all other state laws and rules pertaining to cervidae is required. A herd’s certification status is immediately terminated and a herd investigation shall be initiated if CWD-affected or CWD-exposed animals are determined to be in, or from, the herd.

Section 25. Movement into a Certified Chronic Wasting Disease Cervid Herd.

(A) Animals originating from certified CWD cervid herds may move into another certified CWD cervid herd without affecting the status of the destination herd.

(B) Animals originating from noncertified CWD cervid herds that are moved into certified CWD cervid herds will reduce the status of the destination herd to that of the herd of origin.

Section 26. Movement into a Monitored Chronic Wasting Disease Cervid Herd.

(A) Animals originating from a monitored CWD cervid herd may move into another monitored CWD cervid herd of the same status with no change in status for the destination herd.

(B) Animals originating from a certified CWD cervid herd moving into a monitored cervid herd or other herd assume the status of the destination herd.

Section 27. Recognition of Monitored Chronic Wasting Disease Cervid Herds.

The Administrator shall issue a monitored CWD cervid herd certificate indicating the number of years of CWD monitoring.

Section 28. Recognition of Certified Chronic Wasting Disease Cervid Herds.

The Administrator shall issue a certified CWD cervid herd certificate when the herd first qualifies and the owner has made application for certification. For recertification, the Administrator shall issue a renewal certificate annually so long as the herd continues to meet all the certification requirements.

Section 29. Inspection of Cervidae Farms.

(A) The Division and any of its officers shall have the right, at any reasonable time, to inspect any domestic cervidae farm, and may go upon such farms, or any part thereof, where such animals are contained to inspect and examine any animals therein and all records related thereto.

(B) Inspections shall be conducted at reasonable times and locations, with the owner or the owner’s representative present. Each domestic cervidae game farm will be inspected by the Division prior to issuing a license. No license will be issued unless all requirements of this Act and compliance with all rules are met. In those instances where corrective actions may be necessary to bring the facility up to an acceptable standard, the Division may issue a temporary conditional license, provided the deficiencies do not pose an unacceptable risk including, but not limited to, a risk of escape of the animals. The Division shall promulgate rules providing for temporary conditional licensing. To retain licensure, game farm operators shall take corrective action within the term of the temporary license.

(C) In addition to inspections relating to licensing or as otherwise provided in this Act, the Division will conduct at least one (1) additional yearly inspection of all game farms in the state of <insert state here>. Inspections will be conducted using a checklist developed and approved by the Administrator based on the requirements of this Act and the rules. At the time of initial and renewal licensing, the Division will provide a game farmer with a copy of the appropriate checklist to be used in the yearly inspection.

Section 30. Reporting and Public Information.

(A) A person possessing domestic cervidae shall submit a completed annual report of all animals held, no later than December 31 of each year, on a form provided by the Division. Such annual report is required for yearly license renewal.

(B) Persons possessing domestic cervidae shall notify the Division within thirty (30) days of any change of address and/or location of the domestic cervidae farm.

(C) Whenever any domestic cervidae escape from a domestic cervidae farm, the owner, manager, or caretaker shall notify the Division within 12 hours of notice. The Division shall then be responsible to provide immediate notification to the Department of Fish and Game <or insert your state’s equivalent> of such escape and the Division shall document such notification, identifying the person providing the notification, the date and time of the notification, the recipient of the notification, and a description of the circumstances surrounding the escape, including the number and types of animals involved as well as the final outcome. The owner shall attempt to recover the escaped domestic cervidae within 24 hours. If the cervidae are not recovered in this time, the Division or its designee shall attempt recovery. The Division or its designee may dispose of domestic cervidae that have escaped the owner’s control in order to ensure the health and genetic purity of the state’s wild ungulate populations. Cost of this recovery program by the Division or its designee shall be borne by the domestic cervidae farm or owner responsible for the escape.

(D) The death of a domestic cervidae over one (1) year of age shall be reported to the Division within twenty-four (24) hours of such death for mandatory testing of CWD, excluding slaughter animals.

(E) A public outreach and education strategy shall be developed for the hunting community and general public to inform them about the origin, spread, and risks associated with Chronic Wasting Disease.

(F) A state registry shall be established for all cervidae on domestic farms.

Section 31. Penalty for Violations.

Any person, firm, or corporation violating any of the provisions of this Act applicable to domestic cervidae, or of the rules promulgated by the Division for the enforcement thereof, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each offense. The Department may seize, require removal from the state, or require disposal of any unlawfully possessed domestic cervidae.

Section 32. Licenses – Fees.

(A) No person shall possess, obtain, control, or propagate domestic cervidae in this state unless first securing a domestic cervidae license from the Division. Licenses must be renewed on a yearly basis. Domestic cervidae shall not be allowed on the premises of any game farm that is not licensed.

(B) The Department may not accept any new applications for an initial alternative domestic cervidae ranch license until a live test for Chronic Wasting Disease is developed and is approved by the <insert applicable state department / agency>.

(1) A person who operates a domestic cervidae ranch without a license or possesses, transports, buys, or sells animals whose importation into the state is restricted pursuant to <insert citation from applicable state statute> is guilty of a misdemeanor and is subject to the penalties provided in <insert citation from applicable state statute>.

(2) Any animal held in violation of paragraph (1) of this subsection or otherwise illegally possessed may be immediately seized by the Department and is subject to disposal by the Department. Costs of seizure may be charged to the person in possession of the animal.

(C) Restraint facilities shall be inspected by the Division once a year at a minimum as a condition of license renewals.

(D) Annual reports shall be submitted pursuant to <insert citation from applicable state statute>, as a condition of license renewal.

(E) There is hereby imposed, on domestic cervidae, a fee, not to exceed ten dollars ($10.00) per head per year, which shall be due on January 1 of each year. The fee shall be used by the Department for the prevention, control, and eradication of diseases of domestic cervidae. All moneys collected under this subsection shall be deposited in the livestock disease control and tuberculosis indemnity fund.