(2) Any animal born in a flock after a scrapie-positive animal was born into that flock or lambed in that flock, if born before that flock completes the requirements of a flock plan;

(3) Any animal that was commingled with a scrapie-positive female animal during or up to thirty days after she lambed, kidded, or aborted, or while a visible vaginal discharge was present, or that was commingled with any other scrapie-positive female animal for twenty-four hours or more, including during activities such as shows and sales or while in marketing channels; or

(4) Any animal in a noncompliant flock.

(2) The department or APHIS representative determines, based upon examination of flock records, that:

(a) There is no interchange of animals between the flocks;

(b) The flocks never commingle and are kept at least thirty feet apart at all times or are separated by a solid wall through, over, or under which fluids cannot pass and through which contact cannot occur;

(c) The flocks have separate flock records and identification;

(d) The flocks have separate lambing facilities, including buildings and pastures, and a pasture or building used for lambing by one flock is not used by the other flock at any time; and

(e) The flocks do not share equipment without cleaning and disinfection in accordance with 9 C.F.R. 54.7(e). Additional guidance on acceptable means of cleaning and disinfection is also available in the federal scrapie flock certification program standards and the federal Scrapie Eradication Uniform Methods and Rules.

(2) Born in the same flock during the same lambing season as progeny of a scrapie-positive dam, unless the progeny of the scrapie-positive dam are from separate contemporary lambing groups;

(3) Born in the same flock during the same lambing season that a scrapie-positive animal was born or during any subsequent lambing season, if born before that flock completes requirements of a flock plan; or

(4) An exposed female sheep determined to be genetically susceptible or of unknown genotype. Male sheep that have been tested and classified as resistant using an official genotype test are excluded from the definition of high-risk animal.

(2) Any exposed flock whose owner fails to make animals available for testing within sixty days after notification, or as mutually agreed, or whose owner fails to submit required postmortem samples;

(3) Any flock whose owner or manager has misrepresented, or who employs a person who has misrepresented, the scrapie status of an animal or any other information on a certificate, permit, owner statement, or other official document within the past five years;

(4) Any flock whose owner or manager has moved, or who employs a person who has moved, an animal in violation of the Scrapie Control and Eradication Act within the past five years; or

(5) Any flock which fails to follow the requirements of a flock plan or a postexposure management and monitoring plan.

(2) The use of proteinase-resistant protein analysis methods including, but not limited to, immunohistochemistry or western blotting on central nervous system or peripheral tissue samples from a live or a dead animal for which a given method has been approved by the administrator for use on that tissue;

(3) Bioassay;

(4) Scrapie associated fibrils detected by electron microscopy; or

(5) Any other test method approved by the administrator in accordance with 9 C.F.R. 54.10.

(2) A sheep or goat that has tested positive for scrapie or for the proteinase-resistant protein associated with scrapie on a live-animal screening test or any other official test, unless the animal is designated a scrapie-positive animal; and

(3) A sheep or goat that has tested inconclusive or suggestive on an official test for scrapie.

(2) The scrapie control and eradication program, including provisions governing: (a) When, where, how, by whom, and how often testing is to be done; (b) what flocks are to be subjected to testing; (c) requirements of flock cleanup plans, including forms, execution, contents, duration, amendments, and enforcement; (d) how and by whom results of testing are to be recorded; (e) by whom and to whom the results of the testing are to be reported; (f) how, by whom, and for what purposes such results will be utilized; and (g) assignment of and requirements for titles for status of sheep or goat flocks and the suspension, expiration, and cancellation of such titles;

(3) Surveillance in flocks and at slaughter establishments and concentration points, including provisions governing: (a) When, where, how, by whom, and how often testing is to be done; (b) what sheep or goats and flocks are to be subjected to testing; (c) how and by whom results of testing are to be recorded and reported; and (d) the use of the results of testing by the department;

(4) The issuance and release of quarantines and the requirements regarding the handling, movement, and disposition of animals under quarantine;

(5) The cleaning and disinfecting of affected premises, including provisions governing: (a) The materials to be used; (b) the procedures to be used; and (c) when such procedures are to be performed;

(6) The testing of animals to detect scrapie, including provisions governing: (a) Which tests are to be deemed official tests; (b) by whom the testing is to be administered; (c) how the testing is to be conducted; (d) the reaction tolerances to be recognized; and (e) the classification of results as to negative, suspect, or positive. These rules and regulations shall be consistent with the best available scientific information relative to the control and eradication of scrapie;

(7) The identification of premises and animals subject to the act, including provisions governing: (a) Exposed and infected animals; (b) source flocks; (c) animals to be tested; (d) type of identification; and (e) animals requiring identification as required for compliance with 9 C.F.R. parts 54 and 79;

(8) The administration of the scrapie control and eradication program subject to the availability of funds;

(9) The assessment and collection of costs for services provided and expenses, not to exceed actual costs, incurred under the act;

(10) The preparation, maintenance, handling, filing, and disposition of records and reports by persons subject to the act concerning the testing or movement of animals;

(11) Program activities and cleanup testing under the act on which state funds, if appropriated and available, shall be used by the department and limitations on use of such state funds for testing and other activities under the act;

(12) Prohibitions and movement conditions of animals in interstate and intrastate movement;

(13) Requirements for change of ownership to include (a) testing, (b) identification, and (c) records;

(14) Activities required for flocks deemed by officials to be included in an APHIS indemnification process, as provided in 9 C.F.R. part 54, including eligibility, application, owner certification statements, amount of indemnity payments, procedure for destruction of animals, and flock plans and postexposure management and monitoring plans; and

(15) Any other areas deemed necessary by the department to effectively control and eradicate scrapie.

(2) The Attorney General or the county attorney of the county in which violations of the act or the rules and regulations are occurring or are about to occur shall, when notified of such violation or threatened violation, cause appropriate proceedings under subsection (1) of this section to be instituted and pursued without delay and shall prosecute such violations under section 54-2761 without delay.

(2) Any person subject to the act shall, at all reasonable times, provide access to all records and reports to the department and its representatives for the purpose of examining and copying such records and reports necessary to enforce the act.

(2) It is unlawful for a seller to sell or import animals if the seller is not in compliance with such acts and rules and regulations.

(2) Part of such state funds may be used by the department to pay a portion of the cost of testing done by or for accredited veterinarians if such work is approved by the department. All of such testing shall be performed by or under the direct supervision of the accredited veterinarian, except that nothing in this subsection shall restrict an employee of the state or federal government in the performance of such employee's duties under the act or federal law.

(3) In administering the act and program activities pursuant thereto, the department shall not pay for (a) testing done for change of ownership at private treaty or at concentration points, (b) costs of gathering, confining, and restraining animals subjected to testing or costs of providing necessary facilities and assistance, and (c) the cost of testing to qualify or maintain flock certification.