[Federal Register Volume 60, Number 130 (Friday, July 7, 1995)]
[Proposed Rules]
[Pages 35343-35353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16677]



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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 82, 145, and 147

[Docket No. 94-091-1]


National Poultry Improvement Plan and Auxiliary Provisions

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the National Poultry Improvement 
Plan (the Plan) and its auxiliary provisions by providing new or 
modified administrative and testing procedures for Plan participants 
and participating flocks. The proposed changes were voted on and 
approved by the voting delegates at the Plan's 1992 and 1994 National 
Plan Conferences. These changes would keep the provisions of the Plan 
current with changes in the poultry industry, reduce paperwork 
requirements for some Plan participants, establish new program 
classifications, and allow the use of new sampling and laboratory 
procedures.

DATES: Consideration will be given only to comments received on or 
before September 5, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 94-091-1, Regulatory Analysis and Development, PPD, APHIS, 
Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 94-091-1. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, 

[[Page 35344]]
except holidays. Persons wishing to inspect comments are requested to 
call ahead on (202) 690-2817 to facilitate entry into the comment 
reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Andrew R. Rhorer, Senior 
Coordinator, Poultry Improvement Staff, National Poultry Improvement 
Plan, Veterinary Services, APHIS, USDA, 1500 Klondike Road, Suite A-
102, Conyer, GA 30207; (404) 922-3496.

SUPPLEMENTARY INFORMATION:

Background

    The National Poultry Improvement Plan (referred to below as ``the 
Plan'') is a cooperative Federal-State-industry mechanism for 
controlling certain poultry diseases. The Plan consists of a variety of 
programs intended to prevent and control egg-transmitted, hatchery-
disseminated poultry diseases. Participation in all Plan programs is 
voluntary, but flocks, hatcheries, and dealers must qualify as ``U.S. 
Pullorum-Typhoid Clean'' before participating in any other Plan 
program. Also, the regulations in 9 CFR part 82, subpart B, which 
provide for certain testing, restrictions on movement, and other 
restriction on certain chickens, eggs, and other articles due to the 
presence of Salmonella enteritidis, require that no hatching eggs or 
newly hatched chicks from egg-type chicken breeding flocks may be moved 
interstate unless they are classified ``U.S. Sanitation Monitored'' 
under the Plan or they meet the requirements of a State classification 
plan that the Administrator of the Animal and Plant Health Inspection 
Service (APHIS) has determined to be equivalent to the Plan, in 
accordance with 9 CFR 145.23(d).
    The Plan identifies States, flocks, hatcheries, and dealers that 
meet certain disease control standards specified in the Plan's various 
programs. As a result, customers can buy poultry that has tested clean 
of certain diseases or that has been produced under disease-prevention 
conditions.
    The regulations in 9 CFR parts 145 and 147 (referred to below as 
the regulations) contain the provisions of the Plan. APHIS amends these 
provisions from time to time to incorporate new scientific information 
and technologies within the Plan. In this document, we are proposing to 
amend the regulations to:
    1. Require the ratio of male to female birds in representative 
samples taken from certain flocks for pullorum-typhoid testing to 
reflect the ratio of male to female birds in the flock from which the 
sample was taken;
    2. Alter the number of birds serologically monitored for Mycoplasma 
gallisepticum and M. synoviae in egg-type and meat-type chicken 
breeding flocks;
    3. Allow the use of a federally licensed enzyme-linked 
immunosorbent assay (ELISA) test for the serological screening of egg-
type chickens in the ``U.S. S. Enteritidis Monitored'' program;
    4. Allow the use of fishmeal as an animal protein source for meat-
type breeding chickens and turkey breeding flocks;
    5. Establish a new ``U.S. S. Enteritidis Clean'' classification for 
primary meat-type chicken breeding flocks;
    6. Establish a new ``U.S. M. Synoviae Clean State'' classification 
for turkeys;
    7. Provide alternative reporting methods for participating 
waterfowl, exhibition poultry, and game bird flocks;
    8. Establish a maximum number of positive samples for Mycoplasma 
gallisepticum or M. synoviae that would be examined using the 
hemagglutination inhibition (HI) and/or serum plate dilution (SPD) 
tests;
    9. Allow the use of a colony lift assay as a supplemental screening 
test to aid in the detection of group D salmonella suspect colonies on 
selective and non-selective agar culture plates;
    10. Establish new procedures for collecting environmental samples 
and cloacal swabs from egg-type and meat-type chicken flocks and 
waterfowl, exhibition poultry, and game bird flocks for bacteriological 
examination;
    11. Provide a laboratory protocol for the bacteriological 
examination of baby chicks from egg-type and meat-type chicken flocks 
and waterfowl, exhibition poultry, and game bird flocks; and
    12. Modify the composition of the Plan's General Conference 
Committee.
    These proposed amendments, with the exception of number 10, are 
consistent with the recommendations approved by the voting delegates to 
the National Plan Conference that was held from June 26 to 28, 1994. 
Proposed amendment number 10 was approved by the voting delegates to 
the National Plan Conference that was held from June 30 to July 2, 
1992. Participants in the 1992 and 1994 National Plan Conferences 
represented flockowners, breeders, hatcherymen, and Official State 
Agencies from all cooperating States. The proposed amendments are 
discussed in greater detail below.

Amendment 1--Blood Testing

    Blood testing is used to qualify flocks for official Plan 
classifications such as U.S. Pullorum-Typhoid Clean. Generally, the 
regulations require all the birds in a flock to be blood tested for the 
flock to achieve or maintain its status, but some Plan programs allow, 
under certain conditions, a representative sample of birds to be blood 
tested in lieu of the entire flock. Section 145.14 provides that such 
representative samples must include a minimum of 30 birds from each 
house, with at least one bird taken from each pen and unit in the 
house. We would amend Sec. 145.14 to further require, for meat-type 
chicken and waterfowl, exhibition poultry, and game bird flocks, that 
the ratio of male to female birds in the representative sample reflect 
the ratio of male to female birds in the flock. Requiring a 
representative number of male and female birds to be included in the 
sample would ensure that the samples provide an accurate representation 
of the birds in any given meat-type chicken or waterfowl, exhibition 
poultry, or game bird flock when blood testing is required.

Amendment 2--Monitoring for Mycoplasma Gallisepticum and M. 
Synoviae

    Sections 145.23(c) and 145.33(c) set forth the criteria for 
attaining and maintaining the ``U.S. M. Gallisepticum Clean'' 
classification in, respectively, egg-type and meat-type chicken 
breeding flocks. Similarly, Secs. 145.23(e) and 145.33(e) set forth the 
criteria for attaining and maintaining the ``U.S. M. Synoviae Clean'' 
classification in egg-type and meat-type chicken breeding flocks.
    To retain the M. gallisepticum or M. synoviae ``Clean'' 
classification, the regulations require that a sample of at least 150 
birds from the flock be tested for the program disease at intervals of 
not more than 90 days. The regulations provide that a sample of fewer 
than 150 birds may be tested at any one time if the flockowner has 
received the approval of the Official State Agency and the concurrence 
of APHIS, as long as a total of 150 birds are tested within each 90-day 
period. Based on our experience with these programs, we believe that it 
is no longer necessary to require flockowners to receive the approval 
of the Official State Agency and the concurrence of APHIS before 
testing a sample of fewer than 150 birds. Therefore, we are proposing 
to amend paragraphs (c)(1)(i) and (e)(1)(i) in both Sec. 145.23 and 
Sec. 145.33 to remove the official approval and concurrence 
requirement; we would require only that the flockowner ensure that all 
pens are equally represented in each sample of fewer than 150 birds. 
The flockowner 

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would still have to test a total of 150 birds within each 90-day 
period.
    In both the M. gallisepticum and M. synoviae ``Clean'' 
classifications, certain multiplier breeding flocks retain their 
classification through either periodic egg yolk testing or the testing 
of a 50-bird sample each 90 days. For flockowners who elect to test 
birds, the regulations provide that a sample of fewer than 50 birds may 
be tested at any one time if a minimum of 30 birds per flock or 15 
birds per pen, whichever is greater, are tested each time and a total 
of at least 50 birds are tested within each 90-day period. We are 
proposing to amend paragraphs (c)(1)(ii) and (e)(1)(ii) in both 
Sec. 145.23 and Sec. 145.33 to increase the sample size to 75 birds per 
90 days. We would allow a sample of fewer than 75 birds to be tested at 
any one time as long as all pens are equally represented and a total of 
75 birds are tested by the end of the 90-day period. Increasing the 
sample size and replacing the per-flock and per-pen minimums with a 
requirement that all pens be equally represented would provide 
flockowners with more representative samples of birds that would better 
reflect the M. gallisepticum and M. synoviae status of the flock.

Amendment 3--Federally Licensed ELISA Test

    The ``U.S. S. Enteritidis Monitored'' classification is intended to 
reduce the incidence of salmonella organisms in hatching eggs and 
chicks through an effective and practical sanitation program at the 
breeder farm and in the hatchery. The regulations in Sec. 145.23(d) set 
forth the eligibility requirements for participation by egg-type 
chicken breeding flocks in the ``U.S. S. Enteritidis Monitored'' 
classification. Paragraph (d)(1)(vi) of Sec. 145.23 provides that a 
federally licensed Salmonella enteritidis bacterin may be used to 
vaccinate birds in a multiplier breeding flock that has been 
bacteriologically examined for group D salmonella; however, a sample of 
350 of the flock's birds must be banded for identification and remain 
unvaccinated. When the flock reaches at least 4 months of age, 300 of 
the banded, unvaccinated birds must be officially tested with a 
pullorum-typhoid antigen. We are proposing to amend the regulations to 
give flock owners the option of using a federally licensed ELISA test 
for the required testing of the 300 unvaccinated birds. Because of the 
relative speed and accuracy of ELISA tests, many breeders already use 
ELISA tests to monitor their flocks for a number of diseases. Allowing 
the use of a federally licensed ELISA test in the ``U.S. S. Enteritidis 
Monitored'' classification would give producers another effective 
disease surveillance tool and may result in fewer false positive and 
false negative test results.

Amendment 4--Fishmeal as an Animal Protein Source

    The ``U.S. Sanitation Monitored'' classifications for meat-type 
chickens and turkeys are intended to help flockowners control or reduce 
the level of salmonella in their flocks. The regulations governing the 
classifications are located in Sec. 145.33(d) for meat-type chickens 
and in Sec. 145.43(f) for turkeys. For both meat-type chickens and 
turkeys, the regulations set forth the monitoring, testing, and 
management practices that must be conducted by participating 
flockowners.
    The regulations state that feed fed to participating flocks must 
contain either no animal protein or only animal protein products 
produced under the Animal Protein Products Industry (APPI) Salmonella 
Education/Reduction Program. We are proposing to amend Secs. 145.33(d) 
and 145.43(f) to allow the use of fishmeal as an additional protein 
source for meat-type chicken breeding flocks and turkey breeding flocks 
participating in the ``U.S. Sanitation Monitored'' classification. The 
fishmeal products would have to be in the form of pelletized feed, 
would have to be produced under the Fishmeal Inspection Program of the 
National Marine Fisheries Service (NMFS), and would have to meet the 
same minimum moisture content and heating criteria that apply to 
products produced under the APPI program. We believe that allowing the 
use of fishmeal in pelletized feed would provide flockowners with 
another option for feeding their flocks, while the proposed inspection, 
moisture, and heating criteria would ensure that the feed is safe and 
nutritionally sound.

Amendment 5--Salmonella Enteritidis Clean

    As mentioned above, owners of meat-type chicken flocks may 
participate in the ``U.S. Sanitation Monitored'' classification for 
meat-type chickens, which is intended to help flockowners control or 
reduce the level of salmonella in their flocks. We are proposing to add 
a new classification for flockowners who, through the ``U.S. Sanitation 
Monitored'' classification, have eliminated salmonella in their flocks. 
The new classification, ``U.S.
S. Enteritidis Clean,'' would be given to primary meat-type chicken 
breeding flocks in which all chickens have been shown to be free of 
Salmonella enteritidis and in which no S. enteritidis has been detected 
for at least the previous 12 months. This classification would be a 
means by which the owners of meat-type chicken breeding flocks could 
attain official acknowledgment that the chicks produced by their flocks 
are certified free of S. enteritidis.
    To qualify for the classification, the Official State Agency would 
have to determine that a flock and the hatching eggs and chicks 
produced by the flock met certain requirements. The proposed 
requirements are modeled after those procedures already being used 
successfully in the ``U.S. S. Enteritidis Monitored'' classification 
for egg-type chickens.
    The flock would have to either originate from a ``U.S. S. 
Enteritidis Clean'' flock or have been sampled for S. enteritidis by an 
authorized laboratory. The sampling would entail the bacteriological 
examination of meconium from the chicks and from a sample of chicks 
that died within 7 days after hatching. Cultures from group D positive 
samples would have to be serotyped.
    All feed fed to the flock would have to contain either no animal 
protein or only animal protein products produced under the APPI or NMFS 
inspection programs mentioned above. The feed would have to meet the 
same minimum moisture content and heating criteria that are required 
for the ``U.S.
S. Enteritidis Monitored'' and ``U.S. Sanitation Monitored'' 
classifications in order to destroy disease-producing organisms that 
could contaminate the feed and, as in the other classifications, animal 
protein supplements in mash feed could come only from crumbled 
pelletized feed. Additionally, the feed would have to be stored and 
transported in such a manner as to prevent possible contamination.
    As with other Plan programs, flocks participating in this proposed 
program would have to be maintained in compliance with the flock 
sanitation procedures of Sec. 147.21, the cleaning and disinfection 
procedures of Sec. 147.24(a), and the procedures in Sec. 147.26 for 
establishing isolation and maintaining sanitation and good management 
practices for the control of salmonella and mycoplasma infections.
    As a means of monitoring the flock's environment for salmonella 
organisms, we would require that environmental samples be collected 
from the flock after the flock reaches 4 months of age. The 
environmental samples would have to be collected by an authorized agent 
using the procedures described in Sec. 147.12 of the regulations. The 
authorized agent would continue to 

[[Page 35346]]
collect samples every 30 days after the first sample had been 
collected. The samples would have to be examined bacteriologically for 
group D salmonella at an authorized laboratory, and cultures from group 
D positive samples would have to be serotyped.
    As a means of monitoring the salmonella status of the birds in the 
flock, we would require that blood samples from 300 birds be officially 
tested with pullorum antigen when the flock is at least 4 months of 
age. All birds with positive or inconclusive reactions, up to a maximum 
of 25 birds, would have to be submitted to an authorized laboratory and 
examined for the presence of group D salmonella according to the 
procedures described in Secs. 147.10 and 147.11 of the regulations. 
Cultures from group D positive samples would have to be serotyped to 
determine the antigenic identity of the organism involved. The 300 
birds/25 reactors sampling pattern that would be required is the same 
sampling pattern that has been used effectively in other Plan programs 
that conduct testing for group D salmonella.
    As a means of preventing the transmission of salmonella through 
hatching eggs, the established procedures that are used in other Plan 
classifications would be required in the proposed ``U.S. S. Enteritidis 
Clean'' classification. Specifically, we would require that hatching 
eggs be collected from the flock as quickly as possible, handled in 
accordance with the established sanitation procedures described in 
Sec. 147.22 of the regulations, and sanitized or fumigated in 
accordance with Sec. 147.25 of the regulations. The hatching eggs would 
have to be incubated in a hatchery that is in compliance with the 
recommendations in Secs. 147.23 and 147.24(b) and that has been 
sanitized by fumigation or by a procedure approved by the Official 
State Agency.
    If Salmonella enteritidis serotype Enteritidis (SE) was isolated 
from a specimen taken from a bird in the flock, the flock would not be 
eligible for the classification.
    If SE was isolated from an environmental specimen, a random sample 
of 25 live birds from the flock would have to be bacteriologically 
examined for SE using the procedures described in Sec. 147.11 of the 
regulations. If only one bird from that 25-bird sample was found 
positive for SE, the participant would be able to request that a second 
25-bird sample be bacteriologically examined for SE; if no SE was 
recovered from any of the specimens in the second sample, the flock 
would be eligible for the classification.
    If SE had been isolated from an environmental sample, we would also 
require 300 birds from the flock to be blood tested with a pullorum 
antigen every 30 days, with no positive samples found. This blood 
testing routine would be necessary to ensure that the SE found in the 
environment was not due to the presence of SE in the flock.
    We are also proposing to require that, in order for a hatchery to 
sell products of the ``U.S. S. Enteritidis Clean'' classification, all 
products handled by the hatchery would have to meet the requirements of 
the classification. The proposed new section would end with a statement 
indicating that the ``U.S. S. Enteritidis Clean'' classification could 
be revoked by the Official State Agency if a participant failed to 
follow recommended corrective measures.
Amendment 6--Mycoplasma Synoviae Clean State, Turkeys

    We are proposing to add a new Sec. 145.44(d) to establish a new 
``U.S. M. Synoviae Clean State'' classification for turkeys. This 
proposed new classification would be given to qualifying States in 
which all turkey flocks have been shown to be free of Mycoplasma 
synoviae and in which no M. synoviae has been detected in turkey flocks 
for at least the previous 12 months.
    For a State to qualify for this proposed new classification, all 
turkey breeding flocks in production in the State would have to qualify 
as ``U.S. M. Synoviae Clean'' or its equivalent, and all turkey 
hatcheries within the State would have to handle only products that are 
classified as ``U.S. M. Synoviae Clean'' or its equivalent. 
Additionally, all shipments of products from turkey breeding flocks 
other than those classified as ``U.S. M. Synoviae Clean'' or its 
equivalent into the State would be prohibited.
    All persons performing poultry disease diagnostic services within 
the State would be required to report to the Official State Agency 
within 48 hours the source of all turkey specimens that are identified 
as being infected with M. synoviae; such reports would have to be 
followed by an investigation by the Official State Agency to determine 
the origin of the infection. Any turkey breeding flock found to be 
infected with M. synoviae would have to be quarantined until marketed 
under supervision of the Official State Agency.
    If a State no longer met any of the above conditions, or if 
repeated outbreaks of M. synoviae occurred in turkey breeding flocks, 
or if an infection spread from the premises on which it originated, 
APHIS would have grounds to revoke its determination that the State was 
entitled to the classification. Such action would not be taken until 
APHIS had conducted a thorough investigation and the Official State 
Agency had been given an opportunity for a hearing in accordance with 
the rules of practice adopted by the Administrator of the Service.

Amendment 7--Paperwork

    Section 145.52, ``Participation,'' contains statements regarding 
compliance with the general and specific provisions of the Plan by 
participating flocks of waterfowl, exhibition poultry, and game birds. 
As a means of reducing the paperwork burden on certain Plan 
participants, we are proposing to add a provision that would allow 
waterfowl, exhibition poultry, and game bird breeding flock hatcheries 
to report poultry sales to importing States by using printouts of 
computerized monthly shipping and receiving reports in lieu of VS Form 
9-3, ``Report of Sales of Hatching Eggs, Chicks, and Poults.'' To 
ensure that a particular flockowner's computerized shipping and 
receiving reports contained the comparable information to the VS Form 
9-3, the use of printouts in lieu of the VS Form 9-3 would be subject 
to the approval of APHIS and the Official State Agencies in the 
importing and exporting States.

Amendment 8--Serum Plate Samples

    Section 147.6 contains procedures for determining the status of 
flocks reacting to tests for Mycoplasma gallisepticum, M. synoviae, and 
M. meleagridis. Section 147.6(b) states that if a laboratory 
examination or a supplemental serological test for mycoplasma is 
positive, the flock from which the samples were taken will be 
considered suspicious and further testing must be conducted using the 
tube agglutination or the serum plate test. If the tube agglutination 
test or the serum plate test is positive, the samples must then be 
subjected to the HI or the SPD test.
    When a large percentage of the samples from a flock are positive on 
the initial tube agglutination or serum plate test, the subsequent HI 
or SPD testing can be time-consuming and expensive. We are, therefore, 
proposing to amend Sec. 147.6 to establish a maximum number of positive 
samples for Mycoplasma gallisepticum, M. synoviae, or both, that would 
have to be examined using the HI and/or SPD tests. Specifically, when 
the number of positive samples exceeds 50 percent of the total number 
of samples 

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taken from a flock, we would require that 10 percent of the positive 
samples or 25 of the positive samples (whichever is greater) be tested 
using the HI or SPD tests. We believe that testing at least 10 percent 
of all positive samples from a flock in lieu of testing all the 
positive samples would reduce the amount of time and money spent by 
flockowners on HI and SPD testing while ensuring that a sufficient 
number of samples are tested to accurately determine the M. 
gallisepticum or M. synoviae status of a flock.
    When this particular proposal was voted upon at the 1994 Plan 
conference, the delegates of turkey industry elected to remove turkeys 
from consideration for this particular proposal. Therefore, the 
proposed amendment discussed above would apply only to egg-type and 
meat-type chicken flocks and waterfowl, exhibition poultry, and game 
bird flocks.

Amendment 9--Colony Lift Assay

    Section 147.11 contains the recommended laboratory procedures for 
the bacteriological examination of salmonella reactors. Paragraph (a) 
of Sec. 147.11 contains the procedures that are used for examining 
reactors from egg-type and meat-type chicken and waterfowl, exhibition 
poultry, and game bird flocks.
    When using enrichment culture for examining salmonella reactors, as 
described in Sec. 147.11(a)(2), it can be difficult to detect group D 
salmonella on a standard colony pick to triple sugar-iron and lysine-
iron agar slants. Therefore, we are proposing to amend Sec. 147.11(a) 
to allow the use of a colony lift assay as a supplemental screening 
test to aid in the detection of group D salmonella suspect colonies on 
selective and nonselective agar culture plates. This proposed change 
would also entail amending illustration 2 of Sec. 147.11(a), which is a 
flow diagram that represents the process detailed in Sec. 147.11(a)(2) 
through (6). The illustration would be amended to indicate that the use 
of a colony lift assay is allowed and that a participant using a colony 
lift assay should follow the instructions provided with the assay for 
confirming positive and negative samples. We believe that allowing the 
use of a supplemental colony lift assay would make available a valuable 
tool for detecting the presence of group D salmonella.

Amendment 10--Collecting Samples for Bacteriological Examination

    Section 147.12 contains the procedures for collecting environmental 
samples and cloacal swabs for bacteriological examination under the 
Plan's ``U.S. S. Enteritidis Monitored'' and ``U.S. Sanitation 
Monitored'' classifications. We are proposing to amend Sec. 147.12 by 
modifying those procedures as they apply to egg-type and meat-type 
chickens and waterfowl, exhibition poultry, and game birds. (During the 
1992 Plan conference, representatives of the turkey industry elected to 
remove turkeys from consideration for this particular proposal. Because 
some of the techniques in the proposed new procedures would not apply 
to the collection of samples from turkeys, the existing provisions of 
Sec. 147.12 would be retained for use with turkeys only.)
    The proposed new procedures provide more detailed instructions for 
assembling drag swab sets, impregnating the drag swab sets with double-
strength skim milk, sampling floor litter and nest boxes, and sealing, 
storing, and culturing the used drag swab sets. We believe that these 
proposed new procedures would help prevent the spread of salmonella in 
egg-type chicken, meat-type chicken, and waterfowl, exhibition poultry, 
and game bird flocks by decreasing the likelihood of false negatives on 
flock screening tests and reducing the amount of time required for 
laboratory diagnoses.

Amendment 11--Bacteriological Examination of Baby Chicks

    We are proposing to add a new Sec. 147.17, which would provide a 
laboratory protocol for the bacteriological examination of baby chicks. 
The proposed procedure would be recommended as a means of 
bacteriologically examining cull chicks from egg-type and meat-type 
chicken flocks and waterfowl, exhibition poultry, and game bird flocks 
for salmonella. The proposed new section would provide detailed 
instructions for preparing organ, yolk, and intestinal pools, 
transferring the pools to an enrichment broth, and culturing the pools 
to detect the presence of salmonella. By adding a protocol for the 
bacteriological examination of baby chicks, we would provide Plan 
participants with another means of screening egg-type and meat-type 
chicken flocks and waterfowl, exhibition poultry, and game bird flocks 
for salmonella.

Amendment 12--General Conference Committee

    Section 147.43 of the regulations contains provisions regarding the 
composition, duties, and functions of the Plan's General Conference 
Committee (GCC). We are proposing to amend Sec. 147.43(a) by removing 
provisions that make the Assistant Secretary of Agriculture for 
Marketing and Inspection Services a permanent member of the GCC and the 
elected member-at-large the vice chairperson of the committee. In place 
of those permanent assignments, the chairperson and vice chairperson of 
the GCC would be elected by the GCC from among its members. The only 
permanent seat on the GCC would be that of an APHIS representative who 
would serve as the committee's executive secretary and would provide 
the necessary staff support for the GCC.

Miscellaneous

    We are also proposing to amend several other sections of the 
regulations to reflect the proposed changes discussed above or to 
reflect a change made in a previously published final rule.
    We would add two new illustrative designs to Sec. 145.10 to reflect 
the proposed addition of the ``U.S. S. Enteritidis Clean'' and ``U.S. 
M. Synoviae Clean State, Turkeys'' classifications discussed above. We 
would also amend two of the illustrative designs already in 
Sec. 145.10--those for the ``U.S. Pullorum-Typhoid Clean State'' and 
``U.S. Pullorum-Typhoid Clean State, Turkeys'' classifications--to 
remove outdated references to the Agricultural Research Service, which 
formerly administered the provisions of the Plan.
    As mentioned above, the regulations in subpart B of 9 CFR part 82 
require that no hatching eggs or newly hatched chicks from egg-type 
chicken breeding flocks may be moved interstate unless they are 
classified ``U.S. Sanitation Monitored'' under the Plan or they meet 
the requirements of an equivalent State classification plan. In a final 
rule published in the Federal Register on March 18, 1994 (59 FR 12795-
12805, Docket No. 92-151-2), and effective April 18, 1994, the title of 
the ``U.S. Sanitation Monitored'' classification as it applies to egg-
type chickens was changed to ``U.S. S. Enteritidis Monitored.'' Two 
references to that classification are made in part 82, one in the 
definition of Certified Salmonella enteritidis serotype enteritidis 
Tested Free Flocks in Sec. 82.30 and the other in the text of 
Sec. 82.34. Those references should have been amended as part of the 
March 1994 final rule to reflect the name change, but were overlooked.
    Section 147.26 contains the procedures for establishing and 
maintaining sanitation and good management practices for the control of 
salmonella and mycoplasma infections. Paragraph (a) of that section 
contains a 

[[Page 35348]]
list of Plan classifications in which participants are required to 
observe those practices; we would amend that list by adding references 
to the proposed new ``U.S. S. Enteritidis Clean'' and ``U.S. M. 
Synoviae Clean State, Turkeys'' classifications discussed above and the 
``U.S. S. Enteritidis Monitored'' classification from the March 1994 
final rule.
    Finally, we would amend two footnotes in part 147 to reflect the 
new address of the National Poultry Improvement Plan staff.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    The proposed changes contained in this document are based on the 
recommendations of representatives of member States, hatcheries, 
dealers, flockowners, and breeders who took part in the Plan's 30th and 
31st Biennial Conferences. The proposed changes would keep the 
provisions of the Plan current with changes in the poultry industry, 
reduce paperwork requirements for some Plan participants, establish new 
program classifications, and allow the use of new sampling and 
laboratory procedures.
    The Plan serves as a ``seal of approval'' for egg and poultry 
producers in the sense that tests and procedures recommended by the 
Plan are considered optimal for the industry. Several of the 
recommendations in this proposed rule, such as the serological sampling 
of male meat-type birds for pullorum-typhoid and the use of fishmeal as 
a protein source, are already practiced by the industry. Other proposed 
changes, such as the addition of a laboratory protocol for the 
bacteriological examination of baby chicks, provide guidelines for 
practices that may not currently be in use but are recognized as being 
potentially beneficial for the industry. In all cases, the proposed 
changes have been generated by the industry itself with the goal of 
reducing disease risk and increasing product marketability.
    Because participation in the Plan is voluntary, individuals are 
likely to remain in the program as long as the costs of implementing 
the program are lower than the added benefits they receive from the 
program.
    The only proposed change in this document that could entail 
additional costs for some producers is the proposed creation of the 
``U.S. S. Enteritidis Clean'' classification for primary meat-type 
chicken breeding flocks. However, we expect that any additional costs 
associated with the new classification would be slight in comparison to 
the expected increase in U.S. poultry exports, particularly to 
countries that require strict Salmonella enteritidis testing of 
poultry.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.
Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are in conflict with this rule will 
be preempted; (2) no retroactive effect will be given to this rule; and 
(3) administrative proceedings will not be required before parties may 
file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this proposed rule will be submitted for approval to the 
Office of Management and Budget. Please send written comments to the 
Office of Information and Regulatory Affairs, OMB, Attention: Desk 
Officer for APHIS, Washington, DC 20503. Please send a copy of your 
comments to (1) Docket No. 94-091-1, Regulatory Analysis and 
Development, PPD, APHIS, 4700 River Road Unit 118, Suite 3C03, 
Riverdale, MD 20737-1238 and (2) Clearance Officer, OIRM, USDA, room 
404-W, 14th Street and Independence Avenue SW., Washington, DC 20250.

List of Subjects

9 CFR Part 82

    Animal diseases, Poultry and poultry products, Quarantine, 
Reporting and recordkeeping requirements, Transportation.

9 CFR Parts 145 and 147

    Animal diseases, Poultry and poultry products, Reporting and 
recordkeeping requirements.

    Accordingly, we propose to amend 9 CFR parts 82, 145, and 147 as 
follows:

PART 82--EXOTIC NEWCASTLE DISEASE IN ALL BIRDS AND POULTRY: 
PSITTACOSIS AND ORNITHOSIS IN POULTRY: POULTRY DISEASE CAUSED BY 
SALMONELLA ENTERITIDIS SEROTYPE ENTERITIDIS

    1. The authority citation for part 82 would continue to read as 
follows:

    Authority: 21 U.S.C. 111-113, 115, 117, 120, 123-126, 134a, 
134b, and 134f; 7 CFR 2.17, 2.51, and 371.2(d).


Sec. 82.30  [Amended]

    2. In Sec. 82.30, in the definition of certified Salmonella 
enteritidis serotype enteritidis tested free flocks, the words 
``Sanitation Monitored'' would be removed and the words ``S. 
Enteritidis Monitored'' added in their place.


Sec. 82.34  [Amended]

    3. In Sec. 82.34, the words ``Sanitation Monitored'' would be 
removed and the words ``S. Enteritidis Monitored'' added in their 
place.

PART 145--NATIONAL POULTRY IMPROVEMENT PLAN

    4. The authority citation for part 145 would continue to read as 
follows:

    Authority: 7 U.S.C. 429; 7 CFR 2.17, 2.51, and 371.2(d).

    5. In Sec. 145.10, in paragraph (g), figure 8, and in paragraph 
(h), figure 9, the illustrative designs for ``U.S. Pullorum-Typhoid 
Clean State'' and ``U.S. Pullorum-Typhoid Clean State, Turkeys'' would 
be amended by removing the words ``AGRICULTURAL RESEARCH SERVICE'' in 
each design, and new paragraphs (m) and (n) would be added to read as 
set forth below.


Sec. 145.10  Terminology and classification; flocks, products, and 
States.

* * * * *
    (m) U.S. S. Enteritidis Clean. (See Sec. 145.33(h).)

BILLING CODE 3410-34-P


[[Page 35349]]
[GRAPHIC][TIFF OMITTED]TP07JY95.000


    (n) U.S. M. Synoviae Clean State, Turkeys. (See Sec. 145.44(d).)

    [GRAPHIC][TIFF OMITTED]TP07JY95.001
    
BILLING CODE 3410-10-C

    6. In Sec. 145.14, the introductory text would be amended by adding 
a new sentence immediately before the last sentence and by revising the 
last sentence to read as follows:


Sec. 145.14  Blood testing.

    * * * The representative sample of birds from meat-type chicken, 
waterfowl, exhibition poultry, and game bird flocks must contain a 
representative percentage of males and females in the flock. In houses 
containing fewer than 30 birds, all birds in the house must be tested.
* * * * *


Sec. 145.23  [Amended]

    7. Section 145.23 would be amended as follows:
    a. Paragraph (c)(1)(i) would be amended by removing the words 
``with the approval of the Official State Agency and the concurrence of 
the Service, provided that a minimum'' and adding the words ``provided 
that all pens are equally represented and a total'' in their place.
    b. Paragraph (c)(1)(ii)(A) would be amended by removing the words 
``, with a minimum of 30 birds per pen, whichever is greater,'' and by 
adding the words ``, Provided, that a sample of fewer than 75 birds may 
be tested at any one time if all pens are equally represented and a 
total of at least 75 birds is tested within each 90-day period'' 
immediately before the semicolon.
    c. In paragraph (d)(1)(vii), the first sentence would be amended by 
adding the word ``either'' immediately after the word ``with'' and by 
adding the words ``or by a federally licensed Salmonella enteritidis 
enzyme-linked immunosorbent assay (ELISA) test'' immediately after the 
word ``antigen''.
    d. Paragraph (e)(1)(i) would be amended by removing the words ``, 
with the approval of the Official State Agency and the concurrence of 
the Service, provided that a minimum'' and adding the words ``if all 
pens are equally represented and a total'' in their place.
    e. Paragraph (e)(1)(ii)(A) would be amended by removing the number 
``50'' each time it appears and adding the 

[[Page 35350]]
number ``75'' in its place, and by removing the words ``provided that a 
minimum of 30 birds per flock with a minimum of 15 birds per pen, 
whichever is greater, is tested each time'' and adding the words ``if 
all pens are equally represented'' in their place.
    8. Section 145.33 would be amended as follows:
    a. Paragraph (c)(1)(i) would be amended by removing the words 
``with the approval of the Official State Agency and the concurrence of 
the Service, provided that a minimum'' and adding the words ``provided 
that all pens are equally represented and a total'' in their place.
    b. Paragraph (c)(1)(ii)(A) would be amended by removing the words 
``, with a minimum of 30 birds per pen, whichever is greater'' and by 
adding the words ``, Provided, that a sample of fewer than 75 birds may 
be tested at any one time if all pens are equally represented and a 
total of at least 75 birds is tested within each 90-day period'' 
immediately before the semicolon.
    c. In paragraph (d)(1)(iii), the first sentence would be amended by 
adding the words ``or the Fishmeal Inspection Program of the National 
Marine Fisheries Service'' immediately before the period.
    d. Paragraph (d)(1)(iv) would be amended by adding the words ``or 
the Fishmeal Inspection Program of the National Marine Fisheries 
Service'' immediately before the semicolon.
    e. Paragraph (e)(1)(i) would be amended by removing the words ``, 
with the approval of the Official State Agency and the concurrence of 
the Service, provided that a minimum'' and adding the words ``if all 
pens are equally represented and a total'' in their place.
    f. Paragraph (e)(1)(ii)(A) would be amended by removing the number 
``50'' each time it appears and by adding the number ``75'' in its 
place, and by removing the words ``provided that a minimum of 30 birds 
per flock with a minimum of 15 birds per pen, whichever is greater, is 
tested each time'' and adding the words ``if all pens are equally 
represented'' in their place.
    g. A new paragraph (h) would be added to read as set forth below.


Sec. 145.33  Terminology and classification; flocks and products.

* * * * *
    (h) U.S. S. Enteritidis Clean. This classification is intended for 
primary meat-type breeders wishing to assure their customers that the 
chicks produced are certified free of Salmonella enteritidis.
    (1) A flock and the hatching eggs and chicks produced from it shall 
be eligible for this classification if they meet the following 
requirements, as determined by the Official State Agency:
    (i) The flock originated from a U.S. S. Enteritidis Clean flock, or 
meconium from the chicks and a sample of chicks that died within 7 days 
after hatching have been examined bacteriologically for S. enteritidis 
at an authorized laboratory and any group D salmonella samples have 
been serotyped.
    (ii) All feed fed to the flock meets the following requirements:
    (A) Pelletized feed contains either no animal protein or only 
animal protein products produced under the Animal Protein Products 
Industry (APPI) Salmonella Education/Reduction Program or the Fishmeal 
Inspection Program of the National Marine Fisheries Service. The 
protein products must have a minimum moisture content of 14.5 percent 
and must have been heated throughout to a minimum temperature of 190 
deg.F, or to a minimum temperature of 165  deg.F for at least 20 
minutes, or to a minimum temperature of 184  deg.F under 70 lbs. 
pressure during the manufacturing process;
    (B) Mash feed contains either no animal protein or only animal 
protein product supplements manufactured in pellet form and crumbled; 
and
    (C) All feed is stored and transported in such a manner as to 
prevent possible contamination.
    (iii) The flock is maintained in compliance with Secs. 147.21, 
147.24(a), and 147.26 of this chapter.
    (iv) Environmental samples, as described in Sec. 147.12 of this 
chapter, are collected from the flock by an Authorized Agent when the 
flock reaches 4 months of age and every 30 days thereafter. The 
environmental samples shall be examined bacteriologically for group D 
salmonella at an authorized laboratory, and cultures from group D 
positive samples shall be serotyped.
    (v) Blood samples from 300 birds are officially tested with 
pullorum antigen when the flock is at least 4 months of age. All birds 
with positive or inconclusive reactions, up to a maximum of 25 birds, 
shall be submitted to an authorized laboratory and examined for the 
presence of group D salmonella in accordance with Secs. 147.10 and 
147.11 of this chapter. Cultures from group D positive samples shall be 
serotyped.
    (vi) Hatching eggs are collected as quickly as possible, are 
handled as described in Sec. 147.22 of this chapter, and are sanitized 
or fumigated in accordance with Sec. 147.25 of this chapter.
    (vii) Hatching eggs produced by the flock are incubated in a 
hatchery that is in compliance with the recommendations in Secs. 147.23 
and 147.24(b) of this chapter, and the hatchery must have been 
sanitized either by a procedure approved by the Official State Agency 
or by fumigation conducted in accordance with Sec. 147.25 of this 
chapter.
    (2) A flock shall not be eligible for this classification if 
Salmonella enteritidis serotype Enteritidis (SE) is isolated from a 
specimen taken from a bird in the flock. If SE is isolated from an 
environmental sample collected from the flock in accordance with in 
paragraph (h)(1)(iv) of this section, a random sample of 25 live birds 
must be bacteriologically examined for SE as described in Sec. 147.11 
of this chapter. If only one bird from the 25-bird sample is found 
positive for SE, the participant may request bacteriological 
examination of a second 25-bird sample from the flock. If no SE is 
recovered from any of the specimens in the second sample, the flock 
will be eligible for the classification.
    (3) If Salmonella enteritidis serotype Enteritidis (SE) has been 
isolated from an environmental sample collected from the flock in 
accordance with paragraph (h)(1)(iv) of this section, the flock may 
remain eligible for this classification if blood testing is conducted 
in accordance with paragraph (h)(1)(v) of this section each 30 days and 
no positive samples are found.
    (4) In order for a hatchery to sell products of this 
classification, all products handled by the hatchery must meet the 
requirements of the classification.
    (5) This classification may be revoked by the Official State Agency 
if the participant fails to follow recommended corrective measures.

(Approved by the Office of Management and Budget under control 
number 0579-0007)
Sec. 145.43  [Amended]

    9. In Sec. 145.43, paragraph (f)(3)(ii) would be amended by adding 
the words ``or the Fishmeal Inspection Program of the National Marine 
Fisheries Service'' immediately before the period.
    10. In Sec. 145.44, a new paragraph (d) would be added to read as 
follows:


Sec. 145.44  Terminology and classification; States.

* * * * *
    (d) U.S. M. Synoviae Clean State, Turkeys. (1) A State will be 
declared a U.S. M. Synoviae Clean State, Turkeys, 

[[Page 35351]]
when it has been determined by the Service that:
    (i) No Mycoplasma synoviae is known to exist nor to have existed in 
turkey breeding flocks in production within the State during the 
preceding 12 months;
    (ii) All turkey breeding flocks in production are tested and 
classified as U.S. M. Synoviae Clean or have met equivalent 
requirements for M. synoviae control under official supervision;
    (iii) All turkey hatcheries within the State only handle products 
that are classified as U.S. M. Synoviae Clean or have met equivalent 
requirements for M. synoviae control under official supervision;
    (iv) All shipments of products from turkey breeding flocks other 
than those classified as U.S. M. Synoviae Clean, or equivalent, into 
the State are prohibited;
    (v) All persons performing poultry disease diagnostic services 
within the State are required to report to the Official State Agency 
within 48 hours the source of all turkey specimens that have been 
identified as being infected with M. synoviae;
    (vi) All reports of M. synoviae infection in turkeys are promptly 
followed by an investigation by the Official State Agency to determine 
the origin of the infection; and
    (vii) All turkey breeding flocks found to be infected with M. 
synoviae are quarantined until marketed under supervision of the 
Official State Agency.
    (2) The Service shall have grounds to revoke its determination that 
the State is entitled to this classification if any of the conditions 
described in paragraph (d)(1) of this section are discontinued; if 
repeated outbreaks of M. synoviae occur in turkey breeding flocks 
described in paragraph (d)(1)(ii) of this section; or if an infection 
spreads from the originating premises. The Service shall not take such 
an action until it has conducted a thorough investigation and the 
Official State Agency has been given an opportunity for a hearing in 
accordance with rules of practice adopted by the Administrator of the 
Service.
    11. In Sec. 145.52, a new paragraph (c) would be added to read as 
follows:


Sec. 145.52  Participation.

* * * * *
    (c) Subject to the approval of the Service and the Official State 
Agencies in the importing and exporting States, participating flocks 
may report poultry sales to importing States by using printouts of 
computerized monthly shipping and receiving reports in lieu of VS Form 
9-3, ``Report of Sales of Hatching Eggs, Chicks, and Poults.''

PART 147--AUXILIARY PROVISIONS ON NATIONAL POULTRY IMPROVEMENT PLAN

    12. The authority citation for part 147 would continue to read as 
follows:

    Authority: 7 U.S.C. 429; 7 CFR 2.17, 2.51, and 371.2(d).


Sec. 147.5  [Amended]

    13. In Sec. 147.5, footnote 4 would be amended by removing the 
words ``Animal and Plant Health Inspection Service, Veterinary 
Services, Operational Support, 4700 River Road Unit 33, Riverdale, 
Maryland 20737-1231'' and adding the words ``National Poultry 
Improvement Plan, Veterinary Services, APHIS, USDA, 1500 Klondike Road, 
Suite A-102, Conyer, GA 30207'' in their place.
    14. Section 147.6 would be amended as follows:
    a. In Sec. 147.6, paragraph (b)(2) would be amended by adding two 
new sentences at the end of the paragraph to read as set forth below.
    b. In paragraph (b)(8), the words ``on the retest'' would be added 
immediately after the word ``positive''.


Sec. 147.6  Procedure for determining the status of flocks reacting to 
tests for Mycoplasma gallisepticum, Mycoplasma synoviae, and Mycoplasma 
meleagridis.

* * * * *
    (b) * * *
    (2) * * * Provided, that for egg-type and meat-type chicken and 
waterfowl, exhibition poultry, and game bird flocks, if more than 50 
percent of the samples are positive for either Mycoplasma 
gallisepticum, M. synoviae, or both, the HI and/or the SPD test shall 
be conducted on 10 percent of the positive samples or 25 positive 
samples, whichever is greater. The results of the HI and/or SPD tests 
must be followed by the action prescribed in paragraphs (b)(3), (b)(4), 
and (b)(5) of this section.
* * * * *
    15. Section 147.11 would be amended as follows:
    a. Paragraph (a)(3) would be amended by adding a new sentence at 
the end of the paragraph to read as set forth below.
    b. In paragraph (a)(4), the last sentence would be amended by 
adding the words ``and paragraph (a)(5) of this section'' immediately 
after the words ``illustration 2'', and by adding the words ``, and a 
colony lift assay to aid in the detection of group D salmonella 
colonies'' immediately after the word ``XLT4''.
    c. Paragraph (a)(5) would be revised as set forth below.
    d. At the end of paragraph (a)(6), in illustration 2, in the 
leftmost box in the second row, the words ``Evaluation by rapid 
detection systems (antigen capture, gene probe, etc.)'' would be 
removed and the words ``Evaluate by rapid detection systems (antigen 
capture, gene probe, colony lift assay, etc.). Follow instructions for 
confirmation of positives and negatives.'' would be added in their 
place.


Sec. 147.11  Laboratory procedure recommended for the bacteriological 
examination of salmonella.

    (a) * * *
    (3) * * * As a supplemental procedure, a colony lift assay may also 
be used as a screening test to aid in the detection of group D 
salmonella suspect colonies on selective and nonselective agar culture 
plates, if desired.
* * * * *
    (5) As a supplement to the standard colony pick to triple sugar-
iron (TSI) and lysine-iron (LI) agar slants, a group D colony lift 
assay may be utilized to signal the presence of hard-to-detect group D 
salmonella colonies on agar culture plates. A system such as the 
Analytical Profile Index for Enterobacteriaceae (API) may also be 
utilized to aid cultural identifications.
* * * * *
Secs. 147.12, 147.14, 147.15, and 147.16  [Amended]

    16. In Secs. 147.12, 147.14, 147.15, and 147.16, footnotes 11 
through 21 and their references would be redesignated as footnotes 12 
through 22.
    17. Section 147.12 would be amended as follows:
    a. Paragraphs (a) through (c) would be redesignated as follows:
    Old section:

147.12(a), introductory text
147.12(a)(1)
147.12(a)(2)
147.12(b), introductory text
147.12(b)(1)
147.12(c), introductory text
147.12(c)(1)
147.12(c)(2)
147.12(c)(2)(i)
147.12(c)(2)(ii)

    New section:

147.12(b)(1)
147.12(b)(1)(i)
147.12(b)(1)(ii)
147.12(b)(2)
147.12(b)(2)(i)
147.12(b)(3)
147.12(b)(3)(i)
147.12(b)(3)(ii)
147.12(b)(3)(ii)(A)
147.12(b)(3)(ii)(B)

    b. A new paragraph (a) and an introductory paragraph (b) would be 
added to read as set forth below.

[[Page 35352]]

    c. In newly redesignated paragraph (b)(1), the introductory text of 
the paragraph would be amended by removing the reference ``(a) (1) or 
(2)'' and replacing it with the reference ``(b)(1)(i) or (b)(1)(ii)''.
    d. In newly redesignated paragraph (b)(2), the introductory text of 
the paragraph would be amended by removing the reference ``(a)(1)'' and 
replacing it with the reference ``(b)(2)(i)''.
    e. In newly redesignated paragraph (b)(3)(ii), the text of newly 
redesignated footnote 12 would be amended by removing the words 
``Animal and Plant Health Inspection Service, Veterinary Services, 
National Center for Import-Export, 4700 River Road Unit 38, Riverdale, 
Maryland 20737-1231'' and adding the words ``National Poultry 
Improvement Plan, Veterinary Services, APHIS, USDA, 1500 Klondike Road, 
Suite A-102, Conyer, GA 30207'' in their place.


Sec. 147.12  Procedures for collecting environmental samples and 
cloacal swabs for bacteriological examination.

* * * * *
    (a) For egg- and meat-type chickens, waterfowl, exhibition poultry, 
and game birds. All samples and swabs described in this paragraph shall 
be cultured in accordance with illustration 2 of Sec. 147.11, including 
delayed secondary enrichment. All salmonellae recovered shall be 
serogrouped or serotyped.
    (1) Environmental samples. Fecal material, litter, dust, or floor 
litter surface or nest box drag swab samples to be submitted for 
bacteriological examination shall be collected in accordance with the 
procedures described in paragraphs (a)(1), (a)(2), or (a)(3) of this 
section:
    (i) Procedure for sampling in broth. Authorized laboratories will 
provide capped tubes 1 to 2 cm in diameter and 15 to 20 cm in length 
that are two-thirds full of a recently made, refrigerated, sterile 
enrichment broth (Hajna or Mueller-Kauffmann Tetrathionate Brilliant 
Green) for each sample. Sufficient tubes shall be taken to the premises 
to provide at least one tube per pen or one tube per 500 birds, 
whichever is greater. At least one sterile, cotton-tipped applicator 
will be needed for each tube. The dry applicator is first placed in or 
drawn through fresh manure (under roost, near water troughs, fecal 
droppings, or diarrhetic droppings). After this and each subsequent 
streaking, place the cotton-tipped applicator in the tube of broth and 
swirl the applicator to remove the collected material. Withdraw the 
applicator from the tube and use it to take additional specimens by 
streaking on or through areas where defecation, trampling of feces, or 
settling of dust is common; e.g., on or near waterers, feeders, nests, 
or rafters, etc. When the volume of material collected equals 
approximately 10 percent of the volume of the broth (usually 10-12 
streakings), place the applicator in the tube and break the stick in 
half, leaving the lower or cotton-tipped half in the broth and 
retaining the upper half for future disposal. Replace the cap on the 
inoculated tube and continue the sampling procedure in other areas of 
the pen.
    (ii) Procedure for sampling in dry containers. Place a sample of 
fecal material, litter, or dust in a sterile, sealable container. The 
sample shall consist of several specimens of material taken from a 
representative location in the pen or house. Collect at least 10 g 
(approximately a heaping tablespoonful) of material for each sample. 
Collect the specimens in each sample with a sterile tongue depressor or 
similar uncontaminated instrument. The samples shall vary in type and 
consistency. Half of the samples shall be comprised of material 
representing defecated matter from a large portion of the flock; i.e., 
trampled, caked material near waterers and feeders. The minimum number 
of samples to be taken shall be determined by the following: Five 
samples from pens or houses of up to 500 birds; Ten samples from pens 
or houses of 500 to 2,500 birds; Fifteen samples from pens or houses 
with more than 2,500 birds. The composite samples above may be pooled 
to not fewer than five samples at the laboratory as long as the volume 
of material collected equals approximately 10 percent of the volume of 
the broth.
    (2) Cloacal swabs. Cloacal swabs for bacteriological examination 
shall be taken from each bird in the flock or from a minimum of 500 
birds in accordance with the procedure described in paragraph (a)(2)(i) 
of this section.
    (i) Procedure for taking cloacal swabs. The authorized laboratory 
will provide sterile capped tubes or other suitable containers and 
cotton-tipped applicators for use in taking the cloacal swabs. Insert 
the cotton-tipped applicator into the cloaca and rectum in such a 
manner as to ensure the collection of fecal material. Place the swab 
and adhering fecal material in the tube and break the stick in half, 
keeping the upper half of the stick for future disposal. The cloacal 
swabs may be combined in the sterile tubes in multiples of five or in 
combinations specified by the authorized laboratory.
    (3) Drag-swabs. Utilization of drag swabs (DS) involves the 
exposure of gauze pads, a key component of a DS sampler, to the surface 
of random, flock-representative floor litter and nest box areas. The 
sampler pads shall be sterile and slightly moist to promote adherence 
of particulate material, and impregnated with double-strength skim milk 
11 to protect salmonella viability during sample collection, 
batching, storage, and shipment. Floor litter surface DS sample results 
tend to reflect the salmonella carrier/shedder status of a flock. 
Nonetheless, other environmental samples as described in paragraphs 
(a)(1)(i), (a)(1)(ii), or (a)(3)(iv) of this section shall also be 
periodically collected.

    \11\ Obtain procedure for preparing double strength skim milk 
from USDA-APHIS ``Recommended Sample Collection Methods for 
Environmental Samples,'' available from the National Poultry 
Improvement Plan, Veterinary Services, APHIS, USDA, 1500 Klondike 
Road, Suite A-102, Conyer, GA 30207.
---------------------------------------------------------------------------

    (i) Drag-swab sampler assembly. Drag-swab (DS) samplers may be 
assembled using two 3- by-3-inch sterile gauze pads; size 20 wrapping 
twine; and paper clips, staples, or similar fasteners. Fold each gauze 
pad in half and attach one pad to a 2-foot-long (60 cm) piece of twine 
and the other to a 1-foot-long (30 cm) piece of twine. To attach a pad 
to the twine with a paper clip, bend the end wires of the paper clip 
slightly and push them through the fabric of the folded pad, thus 
securing the clips to the folded pads; then securely tie the twine to 
the free rounded end of the paper clip. To attach a pad to the twine 
with a staple, staple the twine to the pad near the center of the fold, 
applying the staple at a right angle to the twine and parallel to the 
fold. (A pre-tied knot in the free end of the twine will prevent the 
twine from slipping under the staple during use.) Once the pads and the 
twine have been attached, securely connect the free ends of both 
lengths of twine to a small loop tied at the end of a 5-foot-long piece 
of twine. The resulting assembly resembles the letter Y, with a long 
vertical stem and two diagonal branches of different lengths with a 
gauze pad securely attached to the end of each branch. Wrap the twine 
around each two-pad DS sampler to produce a small bundle. Autoclave the 
assembled DS sampler bundle and transfer it with sterile forceps or 
other aseptic method to a resealable sterile bag. Aseptically add 15 mL 
of double-strength skim milk to the bag and massage the milk into the 
gauze pads. Seal the bags and store at -20  deg.C.
    (ii) Procedures and applications for DS samplers. DS samplers shall 
be 

[[Page 35353]]
completely thawed prior to use. Complete pad/twine/fastener assemblies 
shall be used to sample floor litter surfaces; nest box surfaces may be 
sampled using 3- by-3-inch sterile gauze pads impregnated with double-
strength skim milk as described in paragraph (a)(1) of this section. In 
either instance, the Plan participant collecting the samples shall wear 
a fresh pair of disposable sterile gloves for each flock or house 
sampled. Each sampler bag shall be marked with the type of sample 
(floor litter or nest box surface) and the identity of the house or 
flock from which the sample was taken.
    (iii) Floor litter sampling technique. For flocks with fewer than 
500 breeders, at least one DS set (two DS pads) shall be dragged across 
the floor litter surface for a minimum of 15 minutes. For flocks with 
500 or more breeders, a minimum of two DS sets (four DS pads) shall be 
dragged across the floor litter surface for a minimum of 15 minutes per 
DS set. Upon completion of dragging, lower each DS pad by its attached 
twine into a separate, resealable sterile bag. Alternatively, each DS 
set of two pads may be lowered by its attached twine into the storage/
transport bag from which the DS set was originally taken. Remove the 
twine from the pad or DS set by grasping the pad or DS set through the 
sides of the bag with one hand while pulling on the twine with the 
other hand until the connection is broken. Seal the bags and promptly 
refrigerate them to between 2 and 4  deg.C. Do not freeze. Discard the 
twine in an appropriate disposal bag.
    (iv) Nest box sampling technique. The Plan participant shall 
collect nest-box samples by using two 3-by-3-inch sterile gauze pads 
premoistened with double-strength skim milk and wiping the pads over 
assorted locations in about 10 percent of the total nesting area. Upon 
completion, place each pad in a separate, resealable sterile bag. Seal 
the bags and promptly refrigerate them to between 2 and 4  deg.C. Do 
not freeze.
    (v) Culturing of litter surface and nest box samples. When 
refrigerated to between 2 and 4  deg.C, pads impregnated with double-
strength skim milk may be stored or batched for 5 to 7 days prior to 
culturing. Pads shipped singly or paired in a single bag shall not be 
pooled for culturing but shall be separately inoculated into 60 mL of 
selective enrichment broth.
    (b) For turkeys. * * *
* * * * *


Sec. 147.14  [Amended]

    18. In Sec. 147.14, paragraph (a)(2)(ii) would be amended by 
removing the word ``and''; by adding the words ``, and colony lift 
assays'' immediately after the word ``procedures''; and by adding the 
words ``and paragraph (a)(5)'' immediately after the words 
``illustration 2''.
    19. In part 147, Subpart B--Bacteriological Examination Procedure, 
a new Sec. 147.17 would be added to read as follows:


Sec. 147.17  Laboratory procedure recommended for the bacteriological 
examination of cull chicks for salmonella.

    The laboratory procedure described in this section is recommended 
for the bacteriological examination of cull chicks from egg-type and 
meat-type chicken flocks and waterfowl, exhibition poultry, and game 
bird flocks for salmonella.
    (a) From 25 randomly selected 1- to 5-day-old chicks, prepare 5 
organ pools, 5 yolk pools, and 5 intestinal tissue pools as follows:
    (1) Organ pool: From each of five chicks, composite and mince 1- to 
2-gram samples of heart, lung, liver, and spleen tissues and the 
proximal wall of the bursa of Fabricus.
    (2) Yolk pool: From each of five chicks, composite and mince 1- to 
2-gram samples of the unabsorbed yolk sac or, if the yolk sac is 
essentially absent, the entire yolk stalk remnant.
    (3) Intestinal pool: From each of five chicks, composite and mince 
approximately 0.5 cm\2\ sections of the crop wall and 5-mm-long 
sections of the duodenum, cecum, and ileocecal junction.
    (b) Transfer each pool to tetrathionate selective enrichment broth 
(Hajna or Mueller-Kauffmann) at a ratio of 1 part tissue pool to 10 
parts broth.
    (c) Repeat the steps in paragraphs (a) and (b) of this section for 
each five-chick group until all 25 chicks have been examined, producing 
a total of 15 pools (5 organ, 5 yolk, and 5 intestinal).
    (d) Culture the 15 tetrathionate pools as outlined for selective 
enrichment in illustration 2 of Sec. 147.12. Incubate the organ and 
yolk pools for 24 hours at 37  deg.C and the intestinal pools at 41.5 
deg.C. Plate as described in illustration 2 of Sec. 147.12 and examine 
after both 24 and 48 hours of incubation. Confirm suspect colonies as 
described. Further culture all salmonella-negative tetrathionate broths 
by delayed secondary enrichment procedures described for environmental, 
organ, and intestinal samples in illustration 2 of Sec. 147.12. A 
colony lift assay may also be utilized as a supplement to TSI and LI 
agar picks of suspect colonies.


Sec. 147.26  [Amended]

    20. In Sec. 147.26, in paragraph (a), the introductory text would 
be amended by removing the word ``and'' and by adding the words ``, 
U.S. S. Enteritidis Monitored, and U.S. S. Enteritidis Clean'' 
immediately before the word ``classifications''.
    21. In Sec. 147.43, the introductory text of paragraph (a) would be 
amended by adding two new sentences before the first sentence to read 
as set forth below; by removing the words ``the Assistant Secretary of 
Agriculture for Marketing and Inspection Services, or his/her 
designee,''; and by removing the words ``and who shall be designated as 
vice chairperson,''.


Sec. 147.43  General Conference Committee.

    (a) The Committee Chairperson and the Vice Chairperson shall be 
elected by the Committee from among its members. A representative of 
the Animal and Plant Health Inspection Service will serve as Executive 
Secretary and will provide the necessary staff support for the 
Committee. * * *
* * * * *
    Done in Washington, DC, this 28th day of June 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-16677 Filed 7-6-95; 8:45 am]
BILLING CODE 3410-34-P