[Federal Register Volume 68, Number 220 (Friday, November 14, 2003)]
[Rules and Regulations]
[Pages 64507-64512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28511]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 145 and 147

[Docket No. 03-017-2]


National Poultry Improvement Plan and Auxiliary Provisions

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the National Poultry Improvement Plan (the 
Plan) and its auxiliary provisions by providing new or modified 
sampling and testing procedures for Plan participants and participating 
flocks. These changes were voted on and approved by the voting 
delegates at the Plan's 2002 National Plan Conference and will keep the 
provisions of the Plan current with changes in the poultry industry and 
provide for the use of new sampling and testing procedures.

EFFECTIVE DATE: December 15, 2003.

FOR FURTHER INFORMATION CONTACT: Mr. Andrew R. Rhorer, Senior 
Coordinator, Poultry Improvement Staff, National Poultry Improvement 
Plan, Veterinary Services, APHIS, USDA, 1498 Klondike Road, Suite 200, 
Conyers, GA 30094-5104; (770) 922-3496.

SUPPLEMENTARY INFORMATION:

Background

    The National Poultry Improvement Plan (NPIP, also 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 first qualify as 
``U.S. Pullorum-Typhoid Clean'' as a condition for participating in the 
other Plan programs. The regulations in 9 CFR parts 145 and 147 
(referred to below as the regulations) contain the provisions of the 
Plan. The Animal and Plant Health Inspection Service (APHIS) of the 
U.S. Department of Agriculture (USDA) amends these provisions from time 
to time to incorporate new scientific information and technologies 
within the Plan.
    On May 23, 2003, we published in the Federal Register (68 FR 28169-
28175, Docket No. 03-017-1) a proposal to amend the Plan by providing 
new or modified sampling and testing procedures, removing the 
requirements for the minimum weight of hatching eggs, changing the 
restrictions on animal protein used in mash and pellet feed, adding a 
reinstatement procedure to the U.S. S. Enteritidis Clean program, and 
adding new U.S. Avian Influenza Clean programs for turkey breeding 
flocks and products and waterfowl, exhibition poultry, and game 
breeding flocks and products.
    We solicited comments concerning our proposal for 60 days ending 
July 22, 2003. We received one comment by that date, from a private 
citizen. This commenter raised several issues related to the proposed 
rule. These issues are discussed below.
    The commenter objected to the fact that the changes we proposed to 
make to the Plan were developed by Federal and State animal health 
officials and industry representatives working cooperatively. The 
commenter stated that other groups with an interest in

[[Page 64508]]

commercial poultry production, particularly animal protection groups, 
should have been invited to observe and contribute to the development 
of the Plan. Without adequate oversight from other groups, this 
commenter asserted, decisions could be made that would have a 
deleterious effect on poultry health and welfare.
    On May 2, 2002, we published in the Federal Register (67 FR 22038-
22039, Docket No. 02-039-1) a notice of the meetings of the General 
Conference Committee of the Plan, which was held on May 30, 2002, and 
the 2002 National Plan Conference, which was held on May 31 and June 1, 
2002. The notice indicated that the meetings would be open to the 
public and listed the topics that would be addressed at these meetings. 
The decisions made at the meetings on how to address these topics 
became the basis of the proposed rule. Due to time constraints, the 
public was not allowed to participate in discussions during either of 
the meetings; however, the notice indicated that written statements on 
the meeting topics would be accepted either at the meetings or before 
or after the meetings. In addition, all interested parties had an 
opportunity to comment on the proposed rule during the 60-day comment 
period. We believe interested parties had adequate access to the 
deliberations of the General Conference Committee and the proceedings 
of the National Plan Conference and have had adequate opportunity to 
comment on the proposed changes.
    The commenter objected to our proposed changes to the U.S. S. 
Enteritidis Clean and U.S. Salmonella Monitored programs for meat type 
chicken breeding flocks and products and the U.S. Sanitation Monitored 
program for turkey breeding flocks and products on the basis that 
animal protein should not be fed to chickens or turkeys. The commenter 
asserted that feeding animal protein to chickens and turkeys could 
spread illness to the chickens and turkeys or to other poultry.
    The programs cited in the previous paragraph are intended to reduce 
the incidence of S. enteritidis and Salmonella in chickens and 
Salmonella in turkeys. These bacteria primarily pose a risk to human 
health, and as such are under the purview of the USDA's Food Safety and 
Inspection Service and the U.S. Food and Drug Administration. The 
Plan's programs are voluntary and provide flockowners with guidelines 
to reduce or eliminate the incidence of these bacteria in their flocks. 
If it became necessary to restrict or prohibit feeding animal protein 
to poultry due to a risk of animal disease transmission, such feeding 
would be restricted or prohibited elsewhere in APHIS's regulations. We 
have no evidence indicating that chickens and turkeys that are fed 
animal protein that meets the guidelines of these programs are at risk 
for animal disease transmission, and the commenter did not provide any 
such evidence. We are making no changes in response to this comment.
    The commenter asserted that laboratories that perform the tests 
provided for by the Plan should be tested to ensure that they are 
providing accurate, unbiased results. All laboratories that perform 
tests provided for by the Plan must be authorized laboratories. An 
authorized laboratory, as defined in Sec.  145.1 of the regulations, is 
a laboratory designated by an Official State Agency and subject to 
review by APHIS. The APHIS review may include, but will not necessarily 
be limited to, checking records, laboratory protocol, check-test 
proficiency, periodic duplicate samples, and peer review. Only after 
this review is a laboratory authorized to perform the tests provided 
for by the Plan. We believe that such a review adequately addresses the 
commenter's concerns in this regard.
    We proposed to add a reinstatement process to the U.S. S. 
Enteritidis Clean program. The commenter argued that flockowners who 
would seek to have their flocks reinstated under such a program should 
be required to pay for all testing themselves. The authorized 
laboratories that would perform such testing are operated by State, 
educational, or commercial entities, and it is beyond the scope of the 
regulations to require that these entities charge user fees for 
testing. We are making no changes in response to this comment.
    However, we are making one change to the proposed rule that has 
been necessitated by a regulatory action taken since the proposed 
rule's publication. On June 20, 2003, we published in the Federal 
Register (68 FR 36898-36900, Docket No. 00-107-2) a final rule that, 
among other things, removed the regulations governing Salmonella 
enteritidis serotype enteritidis in 9 CFR part 82, subpart C 
(Sec. Sec.  82.30 through 82.38). In the proposed rule, we had proposed 
to update a reference to the U.S. Salmonella Monitored program in Sec.  
82.34 by replacing it with a reference to the U.S. Salmonella Clean 
program to reflect a previous change in the name of that program. Since 
Sec.  82.34 has been removed, it is not necessary to include that 
proposed change in this final rule.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, with the 
change discussed in this document.

Executive Order 12866 and Regulatory Flexibility Act

    This 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 objective of the NPIP is to provide a cooperative Federal-
State-industry program through which new technology can be effectively 
applied to the improvement of poultry and poultry products throughout 
the country. The provisions of the Plan, developed jointly by industry 
members and State and Federal officials, establish standards for the 
evaluation of poultry breeding stock and hatchery products with respect 
to freedom from hatchery-disseminated diseases. Participation in the 
program is voluntary. Currently, the NPIP has active control programs 
for pullorum, fowl typhoid, avian mycoplasmas, Salmonella enteritidis, 
and avian influenza.
    Periodically, the provisions of the Plan are amended to keep 
current with the development of the poultry industry and the 
utilization of new information as it becomes available, based on the 
recommendations of representatives of member States, hatcheries, 
dealers, flockowners, and breeders who take part in the Plan's National 
Plan Conference. Accordingly, this final rule changes some of the 
Plan's provisions to keep the provisions of the Plan current with 
changes in the poultry industry, establish new certification programs, 
modify current disease control practices, and provide for the use of 
new sampling and testing procedures. The changes were voted on and 
approved by the voting delegates at the Plan's 2002 National Plan 
Conference. The changes have been generated by industry 
representatives, Official State Agencies, or Federal representatives 
with the goal of reducing disease risk and increasing product 
marketability.
    The United States is the world's largest producer and exporter of 
poultry meat and the second-largest egg producer. In 2001, U.S. 
producers held a total of 441.1 million chickens, excluding commercial 
broilers, whose estimated value was $1.068 billion. Broiler production, 
which primarily comes from chickens raised under contract with a 
broiler processor, totaled 8.262 billion broilers with a combined live 
weight of 41.5 billion pounds. The value of broiler production for that 
year was $13.9 billion. The United States is also the world's largest 
turkey producer.

[[Page 64509]]

In 2001, turkey production totaled 269 million birds with a combined 
live weight of 6.98 billion pounds and value of $2.8 billion. Finally, 
in 2000, the United States produced approximately 84.4 billion eggs 
worth an estimated $4.3 billion.\1\
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    \1\ USDA, Agricultural Statistics 2002. Washington, DC: National 
Agricultural Statistics Service, 2002.
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    The U.S. poultry industry plays a significant role in international 
trade. In fact, the United States is the world's largest exporter of 
both broilers and turkey products. In 2001, broiler exports totaled 5.5 
billion pounds, valued at $1.8 billion. Turkey exports for the same 
year totaled 487 million pounds and were valued at $257 million. In 
addition, 191 million dozen eggs and egg products were exported in 
2001.\2\
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    \2\ USDA, Poultry and Eggs: Trade. Washington, DC: Economic 
Research Service, 2002.
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    Participation in the Plan serves as a ``seal of approval'' for eggs 
and poultry producers in the sense that tests and procedures 
recommended by the Plan are considered optimal for the industry. As 
such, while participation in the Plan is voluntary, many foreign 
nations, such as Russia, do not accept poultry products unless they 
have originated from flocks participating in the Plan.\3\ Consequently, 
participation in the Plan increases product marketability both 
domestically and internationally, which in turn increases the economic 
benefits received by the poultry industry from participation in the 
Plan.
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    \3\ USDA, Export Requirements for Russia. Washington, DC: Food 
Safety and Inspection Service, 2003.
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    The Regulatory Flexibility Act requires that agencies consider the 
economic impact of their regulations on small entities. Under the North 
American Industry Classification System (NAICS) used by the Small 
Business Administration, chicken egg operations are considered small 
entities if they have $10.5 million or less in annual receipts (NAICS 
code 112310). All other poultry products and meat operations are 
considered small entities if they have $750,000 or less in annual 
receipts (NAICS code 112320).\4\ As this final rule only makes minor 
changes in a continuing program in an effort to better safeguard 
poultry health, the economic effects on poultry producers are not 
expected to be significant.
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    \4\ Table of Size Standards based on NAICS 2002. Washington, DC: 
U.S. Small Business Administration, 2002.
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    The last agricultural census estimated there were 63,246 domestic 
poultry and poultry products farms.\5\ Unfortunately, the size 
distribution of these farms is not known. However, because most poultry 
production is carried out by small farms working under contract with 
larger processors or marketing firms, we can assume a fair amount of 
poultry production is carried out by small operations.
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    \5\ USDA, 1997 Census of Agriculture. Washington, DC: National 
Agricultural Statistics Service.
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    However, only those producers that voluntarily participate in the 
Plan will be affected. As is the case in the majority of voluntary 
control programs, 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. In any event, the changes in 
this final rule will not have a significant economic effect on Plan 
participants.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
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 12988

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule: (1) Preempts all State and local laws 
and regulations that are in conflict with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This final rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects in 9 CFR Parts 145 and 147

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


0
Accordingly, we are amending 9 CFR parts 145 and 147 as follows:

PART 145--NATIONAL POULTRY IMPROVEMENT PLAN

0
1. The authority citation for part 145 continues to read as follows:

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


0
2. Section 145.10 is amended as follows:
0
a. In paragraph (r), by removing the word ``and'' and adding a comma in 
its place and by adding the words ``, and 145.53(e)'' after the 
citation ``145.33(l)''.
0
b. By adding a new paragraph (t) to read as set forth below.


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

* * * * *
    (t) U.S. H5/H7 Avian Influenza Clean. (See Sec.  145.43(g).)

[[Page 64510]]

[GRAPHIC] [TIFF OMITTED] TR14NO03.000


0
3. Section 145.14 is amended as follows:
0
a. By removing paragraph (a)(9).
0
b. By redesignating paragraphs (a)(6) through (a)(8) as paragraphs 
(a)(7) through (a)(9), respectively.
0
c. In newly redesignated paragraph (a)(7), in the first sentence, by 
removing the words ``reactors are found in serum or blood from any 
flock, or''.
0
d. By adding a new paragraph (a)(6) to read as set forth below.


Sec.  145.14  Blood testing.

* * * * *
    (a) * * *
    (6) Poultry from flocks undergoing qualification testing for 
participation in the Plan that have a positive reaction to an official 
blood test named in paragraph (a)(1) of this section shall be evaluated 
for pullorum-typhoid as follows:
    (i) Serum samples that react on rapid serum test or enzyme-labeled 
immunosorbent assay test (ELISA), or blood from birds that react on the 
stained antigen, rapid whole-blood test for all birds except turkeys, 
shall be tested with either the standard tube agglutination test or the 
microagglutination test.
    (ii) Reactors to the standard tube agglutination test (in dilutions 
of 1:50 or greater) or the microagglutination test (in dilutions of 
1:40 or greater) shall be submitted to an authorized laboratory for 
bacteriological examination. If there are more than four reactors in a 
flock, a minimum of four reactors shall be submitted to the authorized 
laboratory; if the flock has four or fewer reactors, all of the 
reactors must be submitted. The approved procedure for bacteriological 
examination is set forth in Sec.  147.11 of this chapter. When reactors 
are submitted to the authorized laboratory within 10 days of the date 
of reading an official blood test named in paragraph (a)(6)(i) of this 
section, and the bacteriological examination fails to demonstrate 
pullorum-typhoid infection, the Official State Agency shall presume 
that the flock has no pullorum-typhoid reactors.
    (iii) If a flock owner does not wish to submit reactors for 
bacteriological examination, then the reactors shall be isolated and 
retested within 30 days using an official blood test named in paragraph 
(a)(1) of this section. If this retest is positive, additional 
examination of the reactors and flock will be performed in accordance 
with paragraph (a)(6)(ii) of this section. During this 30-day period, 
the flock must be maintained under a security system, specified or 
approved by the Official State Agency, that will prevent physical 
contact with other birds and assure that personnel, equipment, and 
supplies that could be a source of pullorum-typhoid spread are 
sanitized.
* * * * *


Sec.  145.22  [Amended]

0
4. In Sec.  145.22, paragraphs (a) and (b) are removed and paragraphs 
(c) through (e) are redesignated as paragraphs (a) through (c), 
respectively.


Sec.  145.32  [Amended]

0
5. In Sec.  145.32, paragraph (a) is removed and paragraphs (b) through 
(d) are redesignated as paragraphs (a) through (c), respectively.

0
6. Section 145.33 is amended as follows:
0
a. By revising paragraphs (c)(4), (e)(4), (h)(1)(ii)(A), (h)(1)(ii)(B), 
(i)(1)(iii), (j)(1), and (k)(1) to read as set forth below.
0
b. By adding a new paragraph (h)(6) to read as set forth below.


Sec.  145.33  Terminology and classification; flocks and products.

* * * * *
    (c) * * *
    (4) Before male breeding birds may be added to a participating 
multiplier breeding flock, a sample of at least 30 birds to be added, 
with a minimum of 10 birds per pen, shall be tested for M. 
gallisepticum as provided in Sec.  145.14(b), or by a polymerase chain 
reaction (PCR)-based procedure approved by the Department. If fewer 
than 30 male breeding birds are being added, all the birds shall be 
tested as described above. The male birds shall be tested no more than 
14 days prior to their intended introduction into the flock. If the 
serologic testing of the birds yields hemagglutination inhibition 
titers of 1:40 or higher as provided in Sec.  145.14(b), or if the PCR 
testing is positive for M. gallisepticum, the male birds may not be 
added to the flock and must be either retested or destroyed.
* * * * *
    (e) * * *
    (4) Before male breeding birds may be added to a participating 
multiplier breeding flock, a sample of at least 30 birds to be added, 
with a minimum of 10 birds per pen, shall be tested for M. synoviae as 
provided in Sec.  145.14(b) or by a polymerase chain reaction (PCR)-
based procedure approved by the Department. If fewer than 30 male 
breeding birds are being added, all the birds shall be tested as 
described above. The male birds shall be tested no more

[[Page 64511]]

than 14 days prior to their intended introduction into the flock. If 
the serologic testing of the birds yields hemagglutination inhibition 
titers of 1:40 or higher as provided in Sec.  145.14(b), or if the PCR 
testing is positive for M. synoviae, the male birds may not be added to 
the flock and must be either retested or destroyed.
* * * * *
    (h) * * *
    (1) * * *
    (ii) * * *
    (A) Pelletized feed 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 lb 
pressure during the manufacturing process;
    (B) Mash feed may contain animal protein if the finished feed is 
treated with a salmonella control product approved by the Food and Drug 
Administration.
* * * * *
    (6) A pedigree, experimental, or great-grandparent flock that is 
removed from the U.S. S. Enteritidis Clean program may be reinstated 
whenever the following conditions are met:
    (i) The owner attests that corrective measures have been 
implemented, which may include one or more of the following:
    (A) Test and slaughter infected birds based on blood tests of every 
bird in the flock, with either pullorum antigen or by a federally 
licensed Salmonella enteritidis enzyme-linked immunosorbent assay 
(ELISA) test when the flock is more than 4 months of age.
    (B) Perform other corrective actions including, but not limited to, 
vaccination, medication, cleaning and disinfection of houses, rodent 
control, and movement of uninfected birds to premises that have been 
determined to be environmentally negative for S. enteritidis as 
described in Sec.  147.12(a) of this chapter.
    (C) One hundred percent of blood samples from the birds moved to 
the clean premises are tested negative for Salmonella pullorum and 
group D Salmonella. 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, as 
described in Sec.  147.11 of this chapter. Cultures from positive 
samples shall be serotyped.
    (D) Two consecutive environmental drag swabs taken at the clean 
premises collected as specified in Sec.  147.12(a) of this chapter 4 
weeks apart are negative for S. enteritidis.
    (E) Other corrective measures at the discretion of the Official 
State Agency.
    (ii) Following reinstatement, a flock will remain eligible for this 
classification if the flock is tested in accordance with paragraph 
(h)(1)(v) of this section every 30 days and no positive samples are 
found and the flock meets the requirements set forth in Sec.  
145.33(h).
    (i) * * *
    (1) * * *
    (iii) If feed contains animal protein, 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 above, 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 lb pressure during the 
manufacturing process;
* * * * *
    (j) * * * (1) A multiplier breeding flock in which all birds or a 
sample of at least 30 birds per house has been tested for M. 
gallisepticum as provided in Sec.  145.14(b) when more than 4 months of 
age: Provided, That to retain this classification, a minimum of 30 
birds per house shall be tested again at 36 to 38 weeks and at 48 to 50 
weeks at a minimum: And provided further, That each 30-bird sample 
should come from 2 locations within the house (15 from the front half 
of the house and 15 from the back half of the house). A representative 
sample of males and females should be sampled. The samples shall be 
marked ``male'' or ``female.''
* * * * *
    (k) * * * (1) A multiplier breeding flock in which all birds or a 
sample of at least 30 birds per house has been tested for M. synoviae 
as provided in Sec.  145.14(b) when more than 4 months of age: 
Provided, That to retain this classification, a minimum of 30 birds per 
house shall be tested again at 36 to 38 weeks and at 48 to 50 weeks at 
a minimum: And provided further, That each 30-bird sample should come 
from 2 locations within the house (15 from the front half of the house 
and 15 from the back half of the house). A representative sample of 
males and females should be sampled. The samples shall be marked 
``male'' or ``female.''
* * * * *


Sec.  145.42  [Amended]

0
7. In Sec.  145.42, paragraph (b) is removed and paragraphs (c) and (d) 
are redesignated as paragraphs (b) and (c), respectively.

0
8. Section 145.43 is amended as follows:
0
a. By revising paragraph (f)(3) to read as set forth below.
0
b. By adding a new paragraph (g) to read as set forth below.


Sec.  145.43  Terminology and classification; flocks and products.

* * * * *
    (f) * * *
    (3) Feed for turkeys in the candidate and breeding flock should 
meet the following requirements:
    (i) All feed manufactured in pellet form must have a maximum 
moisture content of 13.5 percent upon delivery to the farm. It should 
have been preconditioned to the minimum of one of the following 
parameters before pelleting:
    (A) Feed is to reach a minimum temperature of 185 [deg]F for a 
minimum of 6 minutes of retention in the conditioning chamber. The 
conditioned mash feed moisture must be a minimum of 16 percent during 
the conditioning process. This method utilizes time retention to allow 
permeation to the center core of each feed particle; or
    (B) The feed is to be pressurized in order to expedite the transfer 
of the heat and moisture to the core of each feed particle. The feed 
should be conditioned to the parameters of a minimum of 16 percent 
moisture and 200 [deg]F; or
    (C) The feed should be submitted to pressurization to the extent 
that the initial feed temperature rises to 235 [deg]F for 4 seconds; or
    (D) The feed should be submitted to an equivalent thermal lethality 
treatment; or
    (E) A Food and Drug Administration (FDA)-approved product for 
Salmonella control should be added to the finished pellets.
    (ii) Mash feed should be treated with an FDA-approved Salmonella 
control product.
    (iii) All feed is to be stored and transported in such a manner as 
to prevent possible contamination with pathogenic bacteria.
    (iv) FDA-approved products for Salmonella control may be added to 
either unfinished or finished feed.
* * * * *
    (g) U.S. H5/H7 Avian Influenza Clean. This program is intended to 
be the basis from which the turkey breeding industry may conduct a 
program for the prevention and control of the H5 and H7 subtypes of 
avian influenza. It is intended to determine the presence of the H5 and 
H7 subtypes of avian influenza in breeding turkeys through

[[Page 64512]]

routine serological surveillance of each participating breeding flock. 
A flock, and the hatching eggs and poults produced from it, will 
qualify for this classification when the Official State Agency 
determines that it has met one of the following requirements:
    (1) It is a primary breeding flock in which a minimum of 30 birds 
has been tested negative for antibodies to the H5 and H7 subtypes of 
avian influenza by the agar gel immunodiffusion test specified in Sec.  
147.9 of this chapter when more than 4 months of age. To retain this 
classification:
    (i) A sample of at least 30 birds must be tested negative at 
intervals of 90 days; or
    (ii) A sample of fewer than 30 birds may be tested, and found to be 
negative, at any one time if all pens are equally represented and a 
total of 30 birds are tested within each 90-day period.
    (2) It is a multiplier breeding flock in which a minimum of 30 
birds has been tested negative for antibodies to the H5 and H7 subtypes 
of avian influenza by the agar gel immunodiffusion test specified in 
Sec.  147.9 of this chapter when more than 4 months of age. To retain 
this classification:
    (i) A sample of at least 30 birds must be tested negative at 
intervals of 180 days; or
    (ii) A sample of fewer than 30 birds may be tested, and found to be 
negative, at any one time if all pens are equally represented and a 
total of 30 birds are tested within each 180-day period.
    (3) For both primary and multiplier breeding flocks, if a killed 
influenza vaccine against avian influenza subtypes other than H5 and H7 
is used, then the hemagglutinin and the neuraminidase subtypes of the 
vaccine must be reported to the Official State Agency for laboratory 
and reporting purposes.
* * * * *

0
9. In Sec.  145.53, a new paragraph (e) is added to read as follows:


Sec.  145.53  Terminology and classification; flocks and products.

* * * * *
    (e) U.S. Avian Influenza Clean. This program is intended to be the 
basis from which the breeding-hatchery industry may conduct a program 
for the prevention and control of avian influenza. It is intended to 
determine the presence of avian influenza in waterfowl, exhibition 
poultry, and game bird breeding flocks through routine serological 
surveillance of each participating breeding flock. A flock, and the 
hatching eggs and chicks produced from it, will qualify for this 
classification when the Official State Agency determines that it has 
met one of the following requirements:
    (1) It is a primary breeding flock in which a minimum of 30 birds 
has been tested negative for antibodies to avian influenza by the agar 
gel immunodiffusion test specified in Sec.  147.9 of this chapter when 
more than 4 months of age. To retain this classification:
    (i) A sample of at least 30 birds must be tested negative at 
intervals of 90 days; or
    (ii) A sample of fewer than 30 birds may be tested, and found to be 
negative, at any one time if all pens are equally represented and a 
total of 30 birds are tested within each 90-day period.
    (2) It is a multiplier breeding flock in which a minimum of 30 
birds has been tested negative for antibodies to avian influenza by the 
agar gel immunodiffusion test specified in Sec.  147.9 of this chapter 
when more than 4 months of age. To retain this classification:
    (i) A sample of at least 30 birds must be tested negative at 
intervals of 180 days; or
    (ii) A sample of fewer than 30 birds may be tested, and found to be 
negative, at any one time if all pens are equally represented and a 
total of 30 unvaccinated sentinel birds are tested within each 180-day 
period.
* * * * *

PART 147--AUXILIARY PROVISIONS ON NATIONAL POULTRY IMPROVEMENT PLAN

0
10. The authority citation for part 147 continues to read as follows:

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


0
11. Section 147.12 is amended as follows:
0
a. In paragraph (b), introductory text, by adding the words ``or the 
rapid detection method'' after the word ``procedures.''
0
b. By adding a new paragraph (b)(3) to read as set forth below.


Sec.  147.12  Procedures for collection, isolation, and identification 
of Salmonella from environmental samples, cloacal swabs, chick box 
papers, and meconium samples.

* * * * *
    (b) * * *
    (3) Approved rapid detection method. After selective enrichment, a 
rapid ruthenium-labeled Salmonella sandwich immunoassay may be used to 
determine the presence of Salmonella. Positive samples from the 
immunoassay are then inoculated to selective plates (such as BGN and 
XLT4). Incubate the plates at 37 [deg]C for 20 to 24 hours. Inoculate 
three to five Salmonella-suspect colonies from the plates into triple 
sugar iron (TSI) and lysine iron agar (LIA) slants. Incubate the slants 
at 37 [deg]C for 20 to 24 hours. Screen colonies by serological (i.e., 
serogroup) and biochemical (e.g., API) procedures as shown in 
illustration 2. As a supplement to screening three to five Salmonella-
suspect colonies on TSI and LIA slants, a group D colony lift assay may 
be utilized to signal the presence of hard-to-detect group D Salmonella 
colonies on agar plates.
* * * * *

    Done in Washington, DC, this 7th day of November, 2003.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-28511 Filed 11-13-03; 8:45 am]
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