[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR55.1]

[Page 189-191]
 
                  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  Note

    Effective Date Note: At 71 FR 41701, July 21, 2006, Sec. 55.1 was 
amended by removing the definition of captive; in the definition of 
herd, by removing the words ``A group of animals'' and adding in their 
place the words ``One or more animals''; by revising the definitions of 
animal, CWD-exposed animal, CWD-positive animal, CWD-suspect animal, and 
herd plan; and by adding definitions for animal identification, animal 
identification number (AIN), Approved State CWD Herd Certification 
Program, commingled, commingling, CWD-exposed herd, CWD Herd 
Certification Program, CWD-source herd, CWD-suspect herd, deer, elk, and 
moose, farmed or captive, herd status, official animal identification, 
premises identification number (PIN), trace back herd, and trace forward 
herd, in alphabetical order, effective Oct. 19, 2006. At 71 FR 52983, 
Sept. 8, 2006, the effective date was delayed until further notice. For 
the convenience of the user, the revised and added text is set forth as 
follows:

Sec. 55.1  Definitions.

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[[Page 190]]

    Animal. Any farmed or captive cervid.

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    Animal identification. A device or means of animal identification 
approved for use under this part by APHIS. Examples of animal 
identification devices that APHIS has approved are listed in Sec. 
55.25.
    Animal identification number (AIN). A numbering system for the 
official identification of individual animals in the United States. The 
AIN contains 15 digits, with the first 3 being the country code (840 for 
the United States), the alpha characters USA, or the numeric code 
assigned to the manufacturer of the identification device by the 
International Committee on Animal Recording.

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    Approved State CWD Herd Certification Program. A program operated by 
a State government for certification of cervid herds with respect to CWD 
that the Administrator has determined to meet the requirements of Sec. 
55.23(a).

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    Commingled, commingling. Animals are commingled if they have direct 
contact with each other, have less than 10 feet of physical separation, 
or share equipment, pasture, or water sources/watershed. Animals are 
considered to have commingled if they have had such contact with a 
positive animal or contaminated premises within the last 5 years.
    CWD-exposed animal. An animal that is part of a CWD-positive herd, 
or that has been exposed to a CWD-positive animal or contaminated 
premises within the previous 5 years.
    CWD-exposed herd. A herd in which a CWD-positive animal has resided 
within 5 years prior to that animal's diagnosis as CWD-positive, as 
determined by an APHIS employee or State representative.
    CWD Herd Certification Program. The Chronic Wasting Disease Herd 
Certification Program established by this part. This program includes 
both herds that are directly enrolled in the CWD Herd Certification 
Program and herds that are included based on their participation in 
Approved State CWD Herd Certification Programs.
    CWD-positive animal. An animal that has had a diagnosis of CWD 
confirmed by means of two official CWD tests.

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    CWD-source herd. A herd that is identified through testing, 
tracebacks, and/or epidemiological evaluations to be the source of CWD-
positive animals identified in other herds.
    CWD-suspect animal. An animal for which an APHIS employee or State 
representative has determined that unofficial CWD test results, 
laboratory evidence or clinical signs suggest a diagnosis of CWD, but 
for which official laboratory results have been inconclusive or not yet 
conducted.
    CWD-suspect herd. A herd for which unofficial CWD test results, 
laboratory evidence, or clinical signs suggest a diagnosis of CWD, as 
determined by an APHIS employee or State representative, but for which 
official laboratory results have been inconclusive or not yet conducted.
    Deer, elk, and moose. All animals in the genera Odocoileus, Cervus, 
and Alces and their hybrids.

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    Farmed or captive. Privately or publicly maintained or held for 
economic or other purposes within a perimeter fence or confined area, or 
captured from a free-ranging population for interstate movement and 
release.

                                * * * * *

    Herd plan. A written herd and/or premises management agreement 
developed by APHIS in collaboration with the herd owner, State 
representatives, and other affected parties. The herd plan will not be 
valid until it has been reviewed and signed by the Administrator, the 
State representative, and the herd owner. A herd plan sets out the steps 
to be taken to eradicate CWD from a CWD-positive herd, to control the 
risk of CWD in a CWD-exposed or CWD-suspect herd, or to prevent 
introduction of CWD into that herd or any other 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 
clinical signs of disease; reporting to a State or APHIS representative 
of any clinical signs of a central nervous system disease or chronic 
wasting condition in the herd; 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; and the 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 circumstances of the herd and 
its premises, including but not limited to depopulation of the herd, 
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; selective culling of animals; 
restrictions on sharing and movement of possibly contaminated

[[Page 191]]

livestock equipment; premises cleaning and disinfection requirements; or 
other requirements. A herd plan may be reviewed and changes to it 
suggested at any time by any party signatory to it, 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. The revised herd plan will become effective after it is 
reviewed by the Administrator and signed by the Administrator, the State 
representative, and the herd owner.
    Herd status. The status of a herd assigned under the CWD Herd 
Certification Program in accordance with Sec. 55.24, indicating a 
herd's relative risk for CWD. Herd status is based on the number of 
years of monitoring without evidence of the disease and any specific 
determinations that the herd has contained or has been exposed to a CWD-
positive, -exposed or -suspect animal.

                                * * * * *

    Official animal identification. A device or means of animal 
identification approved for use under this part by APHIS to uniquely 
identify individual animals. Examples of approved official animal 
identification devices are listed in Sec. 55.25. The official animal 
identification must include a nationally unique animal identification 
number that adheres to one of the following numbering systems:
    (1) National Uniform Eartagging System.
    (2) Animal identification number (AIN).
    (3) Premises-based number system. The premises-based number system 
combines an official premises identification number (PIN), as defined in 
this section, with a producer's livestock production numbering system to 
provide a unique identification number. The PIN and the production 
number must both appear on the official tag.
    (4) Any other numbering system approved by the Administrator for the 
identification of animals in commerce.

                                * * * * *

    Premises identification number (PIN). A unique number assigned by a 
State or Federal animal health authority to a premises that is, in the 
judgment of the State or Federal animal health authority, a 
geographically distinct location from other livestock production units. 
The premises identification number is associated with an address or 
legal land description and may be used in conjunction with a producer's 
own livestock production numbering system to provide a unique 
identification number for an animal. The premises identification number 
may consist of:
    (1) The State's two-letter postal abbreviation followed by the 
premises' assigned number; or
    (2) A seven-character alphanumeric code, with the right-most 
character being a check digit. The check digit number is based upon the 
ISO 7064 Mod 36/37 check digit algorithm.

                                * * * * *

    Trace back herd. A herd in which a CWD-positive animal formerly 
resided.
    Trace forward herd. A herd that has received exposed animals from a 
CWD-positive herd within 5 years prior to the diagnosis of CWD in the 
positive herd or from the identified date of entry of CWD into the 
positive herd.

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