Current through Register Vol. 41, No. 14, April 7, 2022
As used in
9-3-17, each of the following terms
shall have the meaning specified in this regulation:
(a) "Adult domesticated cervid" means any
domesticated cervid that is 12 months of age or older.
(b) "Affected herd" means any domesticated
cervid herd in which tissues or fluids collected from a live animal or carcass
of an animal tested positive for any infectious or contagious disease for which
the herd may be quarantined, including chronic wasting disease (CWD), bovine
tuberculosis (TB), or Brucella abortus (brucellosis), using an approved test
conducted at an approved laboratory.
(c) "Animal" means a member of the family
Cervidae, unless otherwise stated.
(d) "APHIS" means the animal and plant health
inspection service of the United States department of agriculture.
(e) "Approved laboratory" means any
laboratory approved by APHIS to conduct brucellosis, TB, and CWD
(f) "Approved test" means
any test for brucellosis, TB, or CWD conducted under protocols established by
(g) "Cervid" means any member
of the family Cervidae and hybrids, including deer, elk, moose, caribou,
reindeer, and related species.
"Chronic wasting disease" and "CWD" mean a nonfebrile, transmissible spongiform
encephalopathy that is insidious and degenerative and that affects the central
nervous system of cervids.
"Commingling" means grouping animals in a manner in which physical contact
among animals could occur, including maintaining animals in the same pasture or
enclosure. This term shall not include holding animals at a sale, during
transportation, during artificial insemination, or in other situations in which
only limited contact is involved.
(j) "Commissioner" means Kansas animal health
(k) "CWD-clean herd"
means a herd that has been a participating herd for at least 10 years in Kansas
or in a state with a CWD monitoring program of equivalent status.
(l) "CWD-exposed animal" means 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 five years.
(m) "CWD-exposed herd" means a herd in which
a CWD-positive animal has resided within five years before that animal's
diagnosis as CWD-positive, as determined by an APHIS employee or representative
of the commissioner.
"CWD-infected herd" means any herd with a confirmed CWD-positive animal that
has not completed a herd plan.
"CWD-positive animal" means any cervid that tests positive on an approved test
at an approved laboratory.
"CWD-source herd" means a herd that is identified through testing or
epidemiological investigations to be the source of CWD-positive animals
identified in other herds.
"CWD-suspect animal" means any cervid that showed clinical signs of the disease
before death, but whose results on an approved test are inconclusive or have
not yet been reported.
"CWD-suspect herd" means 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
confirmatory laboratory results have been inconclusive or not yet
(s) "Depopulate" means to
remove, from a premises, animals that are determined to be infected or exposed
to a specific disease by means of euthanizing the animals or by moving the
animals to an approved slaughter facility for slaughter.
(t) "Domesticated cervid" means "domesticated
deer," as defined in
47-2101 and amendments thereto.
(u) "Domesticated cervid permit" means the
permit required by
47-2101, and amendments thereto, to sell or
raise any cervid.
(v) "Herd" means a
group of animals maintained on the same premises or two or more groups of
animals maintained in a manner that results in commingling.
(w) "Herd inventory" means an accounting that
lists each adult domesticated cervid by its sex, age, breed or species,
official identification and any other identification and that is confirmed by
an accredited veterinarian or by a representative of the
(x) "Herd plan" means
a signed written agreement between the herd owner, the commissioner, and the
APHIS administrator, detailing any testing requirements and allowable movements
into and out of an affected herd. The herd plan may also include requirements
on fencing, decontamination, and cleanup of premises.
(y) "Herd status" means the number of years
during which a herd owner's participating herd has been in an approved CWD
monitoring program, indicating the probability that the herd is not affected by
the disease. Herd status is determined by the length of time the herd has been
monitored for CWD and by the herd owner's full compliance with the
identification" means the identification required by
47-2101, and amendments thereto, which for
any animal in a participating herd shall be in the form of a unique means of
identification approved by APHIS and the commissioner. Acceptable forms of
official identification shall include electronic implants, which are also known
as microchips, radio frequency identification (RFID) tags, tamper-resistant
tags, and national uniform eartagging system tags but shall exclude ear tattoos
and flank tattoos.
"Participating herd" means any herd enrolled in the CWD monitoring
(bb) "Premises" means the
grounds and buildings occupied by a herd and equipment used in the husbandry of
(cc) "Program" means the
CWD monitoring program or the APHIS herd certification program, whichever is
(dd) "TB" means bovine