[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR55.1]

[Page 181-183]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 55--CONTROL OF CHRONIC WASTING DISEASE--Table of Contents
 
Sec. 55.1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any other employee of the Animal and Plant Health Inspection 
Service, United States Department of Agriculture, delegated to act in 
the Administrator's stead.
    Animal. Any captive cervid.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    APHIS employee. Any individual employed by the Animal and Plant 
Health Inspection Service who is authorized by the Administrator to do 
any work or perform any duty in connection with the control and 
eradication of disease.
    Captive. Animals that are privately or publicly maintained or held 
for economic or other purposes within a perimeter fence or confined 
space. Animals that are held for research purposes are not included.
    Cervid. All members of the family Cervidae and hybrids, including 
deer, elk, moose, caribou, reindeer, and related species.
    Chronic wasting disease, CWD. A transmissible spongiform 
encephalopathy of cervids.
    CWD exposed animal. An animal that is part of a CWD positive herd, 
or that was part of a herd within 5 years prior to that herd's 
designation as CWD positive, or an animal that has been housed with or 
been in direct contact with a

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positive animal, or an animal that has been on a contaminated premises.
    CWD positive animal. An animal that has had a diagnosis of CWD 
confirmed by means of an official CWD test.
    CWD positive herd. A herd in which a CWD positive animal resided at 
the time it was diagnosed and which has not been released from 
quarantine.
    CWD suspect animal. An animal for which an APHIS employee has 
determined that laboratory evidence or clinical signs suggest a 
diagnosis of CWD.
    Department. The United States Department of Agriculture.
    Herd. A group of animals that are:
    (1) Under common ownership or supervision and are grouped on one or 
more parts of any single premises (lot, farm, or ranch) or
    (2) All animals under common ownership or supervision on two or more 
premises which are geographically separated but on which animals have 
been interchanged or had direct or indirect contact with one another.
    Herd plan. A written herd management agreement developed by APHIS 
with input from the herd owner, State representatives, and other 
affected parties. A herd plan sets out the steps to be taken to 
eradicate CWD from a CWD positive herd, or to prevent introduction of 
CWD into another herd. A herd plan will require: specified means of 
identification for each animal in the herd; regular examination of 
animals in the herd by a veterinarian for signs of disease; reporting to 
a State or APHIS representative of any signs of central nervous system 
disease in herd animals; maintaining records of the acquisition and 
disposition of all animals entering or leaving the herd, including the 
date of acquisition or removal, name and address of the person from whom 
the animal was acquired or to whom it was disposed, cause of death, if 
the animal died while in the herd. A herd plan may also contain 
additional requirements to prevent or control the possible spread of 
CWD, depending on the particular condition of the herd and its premises, 
including but not limited to: specifying the time for which a premises 
must not contain cervids after CWD positive, exposed, or suspect animals 
are removed from the premises; fencing requirements; depopulation or 
selective culling of animals; restrictions on sharing and movement of 
possibly contaminated livestock equipment; cleaning and disinfection 
requirements, or other requirements. APHIS may review and revise a herd 
plan at any time in response to changes in the situation of the herd or 
premises or improvements in understanding of the nature of CWD 
epidemiology or techniques to prevent its spread.
    Materials. Parts of barns or other structures, straw, hay, and other 
feed for animals, farm products or equipment, clothing, and any other 
articles on the premises that have been in contact with captive cervids.
    Mortgage. Any mortgage, lien, or other security or beneficial 
interest held by any person other than the one claiming indemnity.
    Official appraiser (APHIS official appraiser, State official 
appraiser). A person authorized by APHIS (an APHIS official appraiser) 
or a State (a State official appraiser) to appraise animals for the 
purposes of this part. An official appraiser may be an APHIS employee, a 
State employee, or a professional livestock appraiser working under 
contract to APHIS or a State.
    Official CWD test. Any test for the diagnosis of CWD approved by the 
Administrator and conducted in a laboratory approved by the 
Administrator in accordance with Sec. 55.8 of this part.
    Person. Any individual, corporation, company, association, firm, 
partnership, society, joint stock company, or other legal entity.
    Secretary. The Secretary of Agriculture of the United States, or any 
officer or employee of the Department delegated to act in the 
Secretary's stead.
    State. Each of the States of the United States, the District of 
Columbia, Puerto Rico, the Northern Mariana Islands, Guam, the Virgin 
Islands of the United States, or any other territory or possession of 
the United States.
    State representative. A person regularly employed in the animal 
health work of a State and who is authorized by that State to perform 
the function involved under a cooperative agreement with the United 
States Department of Agriculture.

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    Veterinarian in charge. The veterinary official of Veterinary 
Services, APHIS, who is assigned by the Administrator to supervise and 
perform official animal health work for APHIS in the State concerned.