Section 345 IAC 2-7-6 - Chronic wasting disease program complianceAuthority: IC 15-17-3-21
Affected: IC 15-17-3-13; IC 15-17-18-12
Sec. 6.
(a) The state veterinarian may take any of the following actions against a herd owner that violates any provision of this rule or any of the requirements for moving cervids into Indiana in 345 IAC 1-3:(1) Suspend, revoke, or lower the CWD status of the person's herd.(2) Impose a monetary penalty under IC 15-17-18-12.(3) Require the development and implementation of a herd plan.(4) Require participants in the herd certification program to submit at designated intervals copies of the herd inventory or reports of changes to the herd inventory.(5) Any other action authorized by law.(b) The state veterinarian may take any of the following actions against a person that alters or removes official identification of a cervid: (1) Suspend, revoke, or lower the CWD status of the person's herd.(2) Impose a monetary penalty under IC 15-17-18-12.(3) Require the development and implementation of a herd plan.(4) Any other action authorized by law.(c) In the event a sample required to be collected under section 3(b)(7) or 4(b)(3) of this rule is not collected and submitted for testing, the following apply: (1) The owner must either: (A) collect an ear from the carcass that contains an official identification ear tag and preserve the ear by freezing it or by using another method approved by the state veterinarian until such time as the inventory required under section 4(b)(6) of this rule is completed and any discrepancies in the inventory are resolved; or(B) have a licensed and accredited veterinarian verify in writing that the carcass is in a condition that is unsuitable for sampling. The written verification must be kept with the herd inventory records.(2) The state veterinarian may take any of the following actions: (A) Issue a letter of warning.(B) Issue a compliance order.(C) If the herd owner or caretaker is an approved CWD sample collector, require the sample collector to complete additional training or take any of the actions specified in section 2(f) of this rule against the approved CWD sample collector's approval.(D) After more than one (1) violation in a twelve (12) month period relating to the same herd, do the following: (i) Require additional samples be collected from the herd.(ii) Impose a monetary penalty of not more than two hundred fifty dollars ($250) for each missed sample.(iii) Require the development and implementation of a herd plan.(iv) Suspend or lower the CWD status of the herd.(E) Any other action authorized by law.(d) In the event a sample required under section 4(b)(3) of this rule is collected and submitted for testing but the sample is incomplete or is not in a condition that may be tested, the state veterinarian may take any of the following actions: (1) Issue a letter of warning.(2) Issue a compliance order.(3) Require the sample collector to complete additional training.(4) Take any of the actions specified in section 2(f) of this rule against the approved CWD sample collector's approval.(5) After more than one (1) violation in a twelve (12) month period relating to the same herd, do the following:(A) Require additional samples be collected from the herd.(B) Impose a monetary penalty of not more than two hundred fifty dollars ($250) for each missed sample.(C) Suspend or lower the CWD status of the herd.(6) Any other action authorized by law.Indiana State Board of Animal Health; 345 IAC 2-7-6; filed Jul 23, 2008, 1:01 p.m.: 20080820-IR-345070824FRA; errata filed Oct 3, 2008, 3:30 p.m.: 20081022-IR-345080767ACA; filed May 23, 2013, 3:16 p.m.: 20130619-IR-345120491FRAFiled 5/23/2019, 12:01 p.m.: 20190619-IR-345180541FRAReadopted filed 7/10/2019, 3:50 p.m.: 20190814-IR-345190168RFA