North Carolina Administrative Code
Title 02 - AGRICULTURE AND CONSUMER SERVICES
Chapter 52 - VETERINARY
Subchapter L - FARMED CERVIDS
Section .0400 - HERD CERTIFICATION PROGRAMS
Section 52L .0401 - NORTH CAROLINA FARMED CERVID HERD CERTIFICATION PROGRAM

(A) the applicant submits an incomplete farmed cervid license application;

(B) the applicant has provided false information;

(C) the applicant fails to provide additional information requested by the Veterinary Division;

(D) the applicant previously violated State or Federal laws or regulations for livestock or non-farmed cervids, and the State Veterinarian determines, based on his or her experience, that the nature of the violation indicates that the applicant may not comply with the requirements of the Herd Certification Program;

(E) the herd to be enrolled has been designated as CWD-positive, exposed, or suspect by the Veterinary Division or by an APHIS employee, and has not yet entered into a valid herd plan;

(F) any pending or outstanding citation exists against the applicant;

(G) the applicant has failed to comply with any farmed cervid license requirement; or

(H) the applicant refuses inspection by the Veterinary Division in accordance with Paragraph (i) of this Rule.

(A) First Year - starts on enrollment date of the herd in the CWD Herd Certification Program.

(B) Second Year - starts on the anniversary date of the First Year.

(C) Third Year - starts on the anniversary date of the Second Year.

(D) Fourth Year - starts on the anniversary date of the Third Year.

(E) Fifth Year - starts on the anniversary date of the Fourth Year.

(A) determines that the herd was not commingled with a CWD-positive animal, the herd shall be reinstated to its former program status, and the time spent in Suspended status shall count toward its promotion to the next herd status level;

(B) determines that the herd was commingled with a CWD-positive animal, the herd shall lose its program status and shall be designated a CWD-exposed herd;

(C) is unable to make a determination regarding the exposure of the herd, because the necessary animal or animals are no longer available for testing (i.e., a trace animal from a known positive herd died and was not tested) or for other reasons, the herd status shall continue as Suspended until a herd plan is developed for the herd in accordance with its definition under 9 C.F.R. 55.1 and the USDA Standards, Part B. Guidance on Responding to CWD Affected Herds. If a herd plan is developed and implemented, the herd shall be reinstated to its former program status, and the time spent in Suspended status shall count toward its promotion to the next herd status level. If the epidemiological investigation finds that the licensee of the herd has not complied with the rules of this Subchapter for animal identification, animal testing, and recordkeeping, the herd shall be reinstated into the Herd Certification Program at the First Year status level, with a new enrollment date set at the date the herd entered into Suspended status. Any herd reinstated after being placed in Suspended status shall then comply with the requirements of the herd plan as well as the requirements of the Herd Certification Program. The herd plan shall require testing of all animals that die in the herd for any reason, regardless of the age of the animal; whenever it is required by federal law, may require movement restrictions for animals in the herd based on epidemiologic evidence regarding the risk posed by the animals in question; and whenever it is required by federal law, may include other requirements found necessary to control the risk of spreading CWD.