The department of agriculture may designate an area as validated brucellosis-free for a three year period if:
(A) Each breeding herd in the area qualifies under one of the following:
(1) Two negative herd tests, in which all breeding swine six months of age and over are tested, within the eighteen-month period prior to the date validation is requested for the area; or
(2) Negative herd status established by market swine testing, each year for not less than three years, of ten percent of the breeding swine in the herd, or a minimum of one animal, whichever is greater;
(B) Not more than three percent of the herds, or one herd, whichever is greater, was found to be infected during the eighteen-month qualification period, and infected herds found during the qualification period were held in quarantine until freed of brucellosis.