[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: 9CFR55.22]

[Page 194-195]
 
                  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
 
      Subpart B_Chronic Wasting Disease Herd Certification Program
 
Sec. 55.22  Participation and enrollment.

    (a) Participation by owners. Any owner of a farmed or captive deer, 
elk, or moose herd may apply to enroll in the CWD Herd Certification 
Program by sending a written request to the appropriate State agency, or 
to the veterinarian in charge if no Approved State CWD Herd 
Certification Program exists in the herd's State. APHIS or the State 
will determine the herd's eligibility, and if needed will require the 
owner to submit more details about the herd animals and operations. An 
application for participation may be denied if APHIS or the State 
determines that the applicant has previously violated State or Federal 
laws or regulations for livestock, and that the nature of the violation 
indicates that the applicant may not faithfully comply with the 
requirements of the CWD Herd Certification Program. If the enrolling 
herd is a CWD-positive herd or CWD-exposed herd, immediately after 
enrollment it must begin complying with a herd plan developed in 
accordance with Sec. 55.24. After determining that the herd is eligible 
to participate in accordance with this paragraph, APHIS or the 
appropriate State agency will send the herd owner a notice of enrollment 
that includes the herd's enrollment date. Inquiries regarding which 
herds are participating in the CWD Herd Certification Program and their 
certification should be directed to the State representative of the 
relevant State.
    (1) Enrollment date. With the exceptions listed in this paragraph, 
the enrollment date for any herd that joins the CWD Herd Certification 
Program after the effective date of this rule will be the date the herd 
is approved for participation.
    (i) For herds already participating in State CWD programs, the 
enrollment

[[Page 195]]

date will be the first day that the herd participated in a State program 
that APHIS subsequently determines qualifies as an Approved State CWD 
Herd Certification Program in accordance with Sec. 55.23(a) of this 
part. This type of constructed enrollment date will be unavailable for 
herds that apply to enroll after October 19, 2007, and herds that apply 
to enroll after that date will have an enrollment date of the date APHIS 
approves the herd participation.
    (ii) For herds that enroll directly in the Federal CWD Herd 
Certification Program, which is allowed only when there is no Approved 
State CWD Herd Certification Program in their State, the enrollment date 
will be the earlier of:
    (A) The date APHIS approves enrollment; or
    (B) If APHIS determines that the herd owner has maintained the herd 
in a manner that substantially meets the conditions specified in Sec. 
55.23(b) for herd owners, the first day that the herd participated in 
such a program. However, in such cases the enrollment date may not be 
set at a date more than 2 years prior to the date that APHIS approved 
enrollment of the herd. This type of constructed enrollment date will be 
unavailable for herds that apply to enroll after October 19, 2007, and 
herds that apply to enroll after that date will have an enrollment date 
of the date APHIS approves the herd participation.
    (iii) For new herds that were formed from and contain only animals 
from herds enrolled in the CWD Herd Certification Program, the 
enrollment date will be the latest enrollment date for any source herd 
for the animals.
    (2) [Reserved]
    (b) Participation by States. Any State that operates a State program 
to certify the CWD status of deer, elk, or moose may request the 
Administrator to designate the State program as an Approved State CWD 
Herd Certification Program. The Administrator will approve or disapprove 
a State program in accordance with Sec. 55.23(a) of this subpart. In 
States with an Approved State CWD Herd Certification Program, program 
activities will be conducted in accordance with the guidelines of that 
program as long as the State program meets the minimum requirements of 
this part. A list of Approved State CWD Herd Certification Programs may 
be obtained by writing to the National Center for Animal Health Program, 
VS, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737-1235.

(Approved by the Office of Management and Budget under control number 
0579-0237)