[Federal Register Volume 85, Number 193 (Monday, October 5, 2020)]
[Rules and Regulations]
[Pages 62559-62572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21798]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 56, 145, 146, and 147
[Docket No. APHIS-2018-0062]
RIN 0579-AE49
National Poultry Improvement Plan and Auxiliary Provisions
AGENCY: Animal and Plant Health Inspection Service, Department of
Agriculture (USDA).
ACTION: Final rule.
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SUMMARY: We are amending the regulations governing the National Poultry
Improvement Plan (NPIP). These amendments establish a U.S. Newcastle
Disease Clean program within the NPIP, create an NPIP subpart specific
to game birds, revise testing requirements, and clarify existing
provisions of the regulations. We are also amending the regulations
concerning the payment of indemnity and compensation for low pathogenic
avian influenza to reflect current policy and operational practices,
and allowing NPIP voting delegates to represent multiple States during
the Biennial Conferences. These changes were voted on and approved by
the voting delegates at the NPIP's 2018 National Plan Conference.
DATES: Effective November 4, 2020.
FOR FURTHER INFORMATION CONTACT: Dr. Elena Behnke, DVM, Senior
Coordinator, National Poultry Improvement Plan, VS, APHIS, USDA, 1506
Klondike Road, Suite 101, 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 poultry diseases.
Participation in all Plan programs is voluntary, but breeding flocks,
hatcheries, and dealers must first qualify as ``U.S. Pullorum-Typhoid
Clean'' as a condition for participating in the other Plan programs.
The Plan identifies States, independent flocks, hatcheries, dealers,
and slaughter plants 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 56, 145, 146, and 147 (referred to
below as the regulations) contain the provisions of the Plan. The
Animal and Plant Health Inspection Service (APHIS) amends these
provisions from time to time to incorporate new scientific information
and technologies within the Plan, and to ensure the plan reflects
changes to the poultry industry itself.
On December 5, 2019, we published in the Federal Register (84 FR
66631-66647, Docket No. APHIS-2018-0062) a proposal \1\ to amend the
regulations by updating and clarifying several provisions, including
those concerning NPIP participation, voting requirements, testing
procedures, and standards.
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\1\ To view the proposed rule, supporting documents, and the
comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2018-0062.
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We solicited comments concerning our proposal for 60 days, ending
February 3, 2020. We received 12 comments by that date. The comments
were from private citizens, a State department of agriculture, and a
representative for the egg farmer industry.
[[Page 62560]]
Six individuals were in favor of the rule. Two individuals were
generally opposed to NPIP and the poultry industry, but did not address
any specific provisions of the proposed rule. The remaining comments
are addressed below.
Requests for Clarification
There were three commenters who asked questions regarding the
provisions of the rule but did not express favorable or unfavorable
viewpoints regarding the rule. One commenter posed a number of
questions regarding the provisions of the proposed rule, primarily as
they pertain to game birds (for which we proposed specific provisions)
and waterfowl (which have an existing subpart). First, the commenter
asked how APHIS defines game birds under the proposed rule.
Under the proposed rule, game birds are domesticated fowl such as
pheasants, partridge, quail, grouse, and guineas, but not doves and
pigeons.
The commenter also asked if NPIP certifications would be difficult
to obtain if an individual is raising waterfowl and non-waterfowl
gamebirds together.
The proposed rule stated in both proposed Sec. Sec. 145.52(c) and
145.102(c) that it is recommended that gallinaceous flocks and
waterfowl flocks be kept separate. However, this does not preclude NPIP
certifications for producers who have both flocks on the same premises.
For operations that have waterfowl and game birds on the same premises,
if the game birds meet the definition of ``game bird'' in the proposed
rule, the game birds can be moved pursuant to the new gamebird-specific
regulations in the proposed rule and the waterfowl remain subject to
the existing NPIP regulations.
The commenter also asked if ``flocksters'' need to change their
birds' housing to separate quarters.
``Flocksters'' refers to small-scale backyard poultry producers. If
the birds are covered by two different NPIP subparts, for example,
those covered by subpart E of part 145 (waterfowl) and those covered by
subpart J of part 145 (gamebird), and are on the same premises, the
housing habitat will require separate quarters. The requirements for
NPIP participation in relation to housing habitat are found in part 145
(for breeding flocks) and part 146 (for commercial flocks) and further
explained in the Program Standards--Standard C Sanitation Procedures.
That being said, ``flocksters'' should also consult the relevant size
thresholds for the provisions of the regulations. For example, under
part 146, ``flockster'' table egg layers for who intend the eggs for
commercial sale and who have fewer than 75,000 birds are exempt from
the provisions in that part.
The commenter also asked if raising gamebirds and non-game birds
together would have any effect on NPIP testing.
The Official State Agency will work with producers in each State to
determine which classification--subpart E or subpart J--is most
appropriate. Birds will be tested accordingly.
The commenter also asked if designated hatcheries, breeders, and
growers would need to send in or have specimens checked every 30 days
under the proposed rule.
The 30-day specimen check would only apply if the participant
wishes to hold the U.S. Salmonella Monitored classification. The 30-day
interval for testing that applies for the U.S. Salmonella Monitored
Program under Sec. 145.103(d) states: ``An Authorized Agent shall
collect a minimum of five environmental samples, e.g., chick papers,
hatching trays, and chick transfer devices, from the hatchery at least
every 30 days. Testing must be performed at an authorized laboratory.''
We proposed to establish a U.S. Newcastle Disease (ND) Clean
program within the NPIP regulations.
One commenter asked what the testing methods for vaccinated and
unvaccinated flocks would be for ND.
As we noted in the proposed rule, the approved serological tests
for ND are currently the ELISA and hemagglutination inhibition (HI)
tests, and the approved molecular-based test for ND is PCR.
The commenter also asked if lab costs were reimbursable for
breeders who add ND tests to their regular surveillance protocol for
backyard birds.
The new program generally does not apply to backyard poultry
breeders, only primary breeders. Primary breeders should not expect an
increase in lab costs; however, if lab costs occur, primary breeder
labs will be expected to absorb the costs.
We proposed to allow voting delegates to represent multiple States.
A commenter inquired if there was a plan to ensure fair
representation regarding delegation and the voting process.
In Sec. 147.45 of the proposed rule, our proposed requirement was
that ``official delegates shall be elected by a representative group of
participating industry members and be certified by the Official State
Agency.'' Further, ``each official delegate shall endeavor to obtain,
prior to the Conference, the recommendations of industry members of his
State with respect to each proposed change.'' We believe these
provisions address the commenter's concern.
Comments Regarding Proposed Indemnity Revisions
One commenter expressed concerns about changes to part 56, our
indemnity regulations for H5/H7 low pathogenic avian influenza (LPAI).
We proposed to amend the terms and definitions of H5/H7 LPAI
infection (infected) and H5/H7 LPAI exposed. The new terms we proposed
were H5/H7 LPAI virus exposed (non-infectious) and H5/H7 LPAI virus
actively infected (infectious).
The commenter opined that this could lead to a dilution of an
industry/Federal response to a LPAI event.
The revision to these terms does not change APHIS' response
policies for LPAI events.
The regulations in part 56 had referred to payment for birds and
eggs destroyed because of LPAI and payment for cleaning and
disinfection activities as indemnity. In the proposed rule, we proposed
to reserve the term indemnity to payment for birds and eggs destroyed
because of LPAI, and to refer to payment for cleaning and disinfection
activities as compensation. We also proposed definitions for
compensation and indemnity. We indicated that this was necessary
because the conditions for payment for the former, and the manner in
which the amount paid is derived, differs significantly from the
latter.
The commenter suggested that these revisions could adversely impact
the payment of indemnity and compensation to producers.
We are redefining the terms indemnity and compensation for the
purposes of clarifying the types of payments provided for response
activities and make a distinction between indemnity, which is based on
the fair market value of birds and eggs, and compensation, which is
payment for response activities based on expenses incurred for those
activities. These revisions to terminology do not pertain to the
conditions for payment, nor how payment is calculated.
We proposed the use of a flat rate virus elimination (VE)
calculator to determine compensation for VE activities for LPAI. The
commenter also expressed concern that a flat rate VE calculator value
would not fully compensate for VE activities necessary in all
circumstances and all types of egg production facilities.
We explained that the VE calculator is intended to streamline
payment for the majority of affected producers, but we recognize that
the calculator may not be
[[Page 62561]]
applicable for every production type and VE procedure. Therefore, as
stated in the proposed rule, the claimant would be afforded the
opportunity to demonstrate through receipts or other documentation the
uniqueness of the situation and the actual cost of the activities, upon
which the VE payment could be based.
The commenter recommended that VE payments be based on the value of
the birds housed within a facility, rather than on the cost of
eliminating virus from the structure.
We disagree. Compensation for VE activities is intended to cover
the costs of those activities, which is not related to the value of the
birds housed within a structure. However, we will consider the
commenter's proposed methodology for determining the value of layers
during our ongoing process of revising our methods of determining fair
market value.
Miscellaneous
In reviewing the provisions of the proposed rule in preparation of
this final rule, we noted several instances where the punctuation or
the ordering of paragraphs could have led to differing interpretations
of the regulations. For example, in several instances, conditions that
were intended to be alternating (either one is sufficient) were
punctuated in a manner which could make them appear to be joint
conditions (both must be completed). In this final rule, we have
changed punctuation and renumbered subparagraphs, as warranted, to
improve clarity regarding our intent.
Similarly, there were several instances in the preamble of the
proposed rule where we suggested wording would be revised each time it
occurred within a particular regulatory unit, but neglected to propose
to revise each occurrence in the proposed regulatory text for that
unit. We have corrected these drafting errors in this final rule.
In this final rule, we are also making minor clarifying edits to
paragraph (c) of Sec. 56.4, which discusses the compliance agreements
that parties must enter into in order to receive indemnity and/or
compensation. We are clarifying that compliance agreements are similar
to a statement of work, and may also be referred to as a detailed
financial plan. This reflects APHIS guidance to stakeholders regarding
the scope and intent of such compliance agreements.
In the proposed rule, we proposed that indemnity for the
destruction and disposal of poultry would be calculated using an
indemnity calculator, rather than an in-person appraisal of fair market
value. Because APHIS is in the process of discontinuing the use of the
calculator in favor of a different appraisal apparatus, we have elected
not to finalize these proposed changes.
Finally, as noted above, our proposed rule had provisions that
allowed for calculating payment for virus elimination using a method
other than a VE calculator. However, it did not clarify under what
circumstances APHIS would reach such a determination. In this final
rule, we are clarifying that this will occur when the claimant and
APHIS jointly agree the VE calculator is not applicable to the premises
type.
Therefore, for the reasons given in the proposed rule, we are
adopting the proposed rule as a final rule with the changes noted
above.
Executive Orders 12866 and 13771 and Regulatory Flexibility Act
This final 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. Further, because this rule is
not significant, it is not a regulatory action under Executive Order
13771.
We have prepared an analysis regarding the economic effects of this
final rule on small entities. The analysis is summarized below. Copies
of the full analysis are available on the Regulations.gov website (see
footnote 1 in this document for a link to Regulations.gov) or by
contacting the person listed under FOR FURTHER INFORMATION CONTACT.
We are amending the NPIP, its auxiliary provisions, and the
indemnity regulations for the control of H5 and H7 low pathogenic avian
influenza to align the regulations with international standards and
make them more transparent to stakeholders and the general public. The
changes in this final rule were voted on and approved by the voting
delegates at the 2018 NPIP National Plan Conference.
The establishments that will be affected by the rule--principally
entities engaged in poultry production and processing--are
predominantly small by Small Business Administration standards. In
those instances in which an addition to or modification of requirements
could potentially result in a cost to certain entities, we do not
expect the costs to be significant. NPIP membership is voluntary. The
changes contained in this final rule were decided upon by the NPIP
General Conference Committee and voting delegates during the 2018 NPIP
Biennial Conference; the changes were recognized by the poultry
industry as being in their interest.
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 2 CFR chapter IV.)
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
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection
requirements included in this final rule were filed under Office of
Management and Budget (OMB) control number 0579-0474. When OMB notifies
us of its decision, if approval is denied, we will publish a document
in the Federal Register providing notice of what action we plan to
take.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this rule, please contact Mr. Joseph Moxey,
APHIS' Information Collection Coordinator, at (301) 851-2483.
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs has designated this
action as a rule that is not a major rule, as defined by 5 U.S.C.
804(2).
[[Page 62562]]
List of Subjects
9 CFR Part 56
Animal diseases, Indemnity payments, Low pathogenic avian
influenza, Poultry.
9 CFR Parts 145, 146, and 147
Animal diseases, Poultry and poultry products, Reporting and
recordkeeping requirements.
Accordingly, we are amending 9 CFR parts 56, 145, 146, and 147 as
follows:
PART 56-CONTROL OF H5/H7 LOW PATHOGENIC AVIAN INFLUENZA
0
1. The authority citation for part 56 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
0
2. Section 56.1 is amended as follows:
0
a. By adding, in alphabetical order, definitions for Cleaning,
Compensation, and Disinfection;
0
b. By removing the definitions for H5/H7 LPAI exposed and H5/H7 LPAI
virus infection (infected); and
0
c. By adding, in alphabetical order, definitions for H5/H7 LPAI virus
actively infected (infectious), H5/H7 LPAI virus exposed (non-
infectious), Indemnity, and Virus elimination (VE).
The additions read as follows:
Sec. 56.1 Definitions.
* * * * *
Cleaning. The removal of gross contamination, organic material, and
debris from the premises or respective structures, via mechanical means
like sweeping (dry cleaning) and/or the use of water and soap or
detergent (wet cleaning), in order to minimize organic material to
prepare for effective disinfection.
* * * * *
Compensation. In the case of H5/H7 LPAI detection, compensation
specifically refers to reimbursement for the activities associated with
the depopulation of infected or exposed poultry, including the disposal
of contaminated carcasses and materials and the cleaning and
disinfection of premises, conveyances, and materials that came into
contact with infected or exposed poultry. In the case of contaminated
materials, if the cost of cleaning and disinfection would exceed the
value of the materials, or cleaning and disinfection would be
impracticable for any reason, APHIS' Veterinary Services will base
compensation on the fair market value (depreciated value) of those
materials. Compensation does not include payment for depopulated birds
or eggs destroyed (see definition of Indemnity in this section).
* * * * *
Disinfection. Methods used on surfaces to destroy or eliminate H5/
H7 LPAI virus through physical (e.g., heat) or chemical (e.g.,
disinfectant) means. A combination of methods may be required.
* * * * *
H5/H7 LPAI virus actively infected (infectious). (1) Poultry will
be considered to be actively infected with H5/H7 LPAI for the purposes
of this part if:
(i) H5/H7 LPAI virus has been isolated and identified as such from
poultry; or
(ii) Viral antigen or viral RNA specific to the H5 or H7 subtype of
AI virus has been detected in poultry.
(2) The official determination that H5/H7 LPAI virus has been
isolated and identified, or viral antigen or viral RNA specific to the
H5 or H7 subtype of AI virus has been detected, may only be made by the
National Veterinary Services Laboratories.
H5/H7 LPAI virus exposed (non-infectious). (1) Poultry will be
considered to be exposed (non-infectious) to H5/H7 LPAI for the
purposes of this part if:
(i) Antibodies to the H5 or H7 subtype of the AI virus that are not
a consequence of vaccination have been detected in poultry; and
(ii) Samples collected from the flock using real-time reverse
transcription polymerase chain reaction (RT-PCR) or virus isolation are
determined to be not infectious for H5/H7 LPAI.
(2) The official determination that H5/H7 LPAI virus exposure has
occurred is by the identification of antibodies to the H5 or H7 subtype
of AI virus detected and may only be made by the National Veterinary
Services Laboratories.
Indemnity. Payments representing the fair market value of destroyed
birds and eggs. Indemnity does not include reimbursements for
depopulation, disposal, destroyed materials, or cleaning and
disinfection (virus elimination) activities; these activities are
covered under compensation (see definition of Compensation in this
section).
* * * * *
Virus elimination (VE). Cleaning and disinfection measures
conducted to destroy or eliminate all AI virus on an affected premises.
0
3. Section 56.3 is amended by revising the section heading and
paragraphs (a) introductory text, (b), and (c) to read as follows:
Sec. 56.3 Payment of indemnity and/or compensation.
(a) Activities eligible for indemnity and/or compensation. The
Administrator may pay indemnity and/or compensation for the activities
listed in this paragraph (a), as provided in paragraph (b) of this
section:
* * * * *
(b) Percentage of costs eligible for indemnity and/or compensation.
Except for poultry that are described by the categories in this
paragraph (b), the Administrator is authorized to pay 100 percent of
the costs and/or compensation, as determined in accordance with Sec.
56.4, of the activities described in paragraphs (a)(1) through (3) of
this section, regardless of whether the infected or exposed poultry
participate in the Plan. For infected or exposed poultry that are
described by the categories in this paragraph (b), the Administrator is
authorized to pay 25 percent of the costs of the activities described
in paragraphs (a)(1) through (3) of this section:
(1)(i) The poultry are from a breeding flock, commercial flock, or
slaughter plant that participates in any Plan program in part 145 or
146 of this chapter but that does not participate in the U.S. Avian
Influenza Clean, U.S. H5/H7 Avian Influenza Clean, or U.S. H5/H7 Avian
Influenza Monitored program of the Plan available to the flock in part
145 or 146 of this chapter; and
(ii) The poultry are from:
(A) A commercial table-egg laying premises with at least 75,000
birds; or
(B) A meat-type chicken slaughter plant that slaughters at least
200,000 meat-type chickens in an operating week; or
(C) A meat-type turkey slaughter plant that slaughters at least 2
million meat-type turkeys in a 12-month period; or
(D) A commercial waterfowl and commercial upland game bird
slaughter plant that slaughters at least 50,000 birds annually; or
(E) A raised-for-release upland game bird premises, raised-for-
release waterfowl premises, and commercial upland game bird or
commercial waterfowl producing eggs for human consumption premises that
raise at least 25,000 birds annually; or
(F) A breeder flock premises with at least 5,000 birds.
(2) The poultry are located in a State that does not participate in
the diagnostic surveillance program for H5/H7 LPAI, as described in
Sec. 146.14 of this chapter, or that does not have an initial State
response and containment plan for H5/H7 LPAI that is approved by APHIS
[[Page 62563]]
under Sec. 56.10, unless such poultry participate in the Plan with
another State that does participate in the diagnostic surveillance
program for H5/H7 LPAI, as described in Sec. 146.14 of this chapter,
and has an initial State response and containment plan for H5/H7 LPAI
that is approved by APHIS under Sec. 56.10.
(c) Other sources of payment. If the recipient of indemnity and/or
compensation for any of the activities listed in paragraphs (a)(1)
through (3) of this section also receives payment for any of those
activities from a State or from other sources, the indemnity and/or
compensation provided under this part may be reduced by the total
amount of payment received from the State or other sources to the
extent that total payments do not exceed 100 percent of total
reimbursable indemnity and/or compensation amounts.
0
4. Section 56.4 is revised to read as follows:
Sec. 56.4 Determination of indemnity and/or compensation amounts.
(a) Destruction and disposal of poultry. (1) Indemnity for the
destruction of poultry and/or eggs infected with or exposed to H5/H7
LPAI will be based on the fair market value of the poultry and/or eggs,
as determined by an appraisal. Poultry infected with or exposed to H5/
H7 LPAI that are removed by APHIS or a Cooperating State Agency from a
flock will be appraised by an APHIS official appraiser and a State
official appraiser jointly, or, if APHIS and State authorities agree,
by either an APHIS official appraiser or a State official appraiser
alone. For laying hens, the appraised value should include the hen's
projected future egg production. Appraisals of poultry must be reported
on forms furnished by APHIS and signed by the appraisers and must be
signed by the owners of the poultry to indicate agreement with the
appraisal amount. Appraisals of poultry must be signed by the owners of
the poultry prior to the destruction of the poultry, unless the owners,
APHIS, and the Cooperating State Agency agree that the poultry may be
destroyed immediately. Reports of appraisals must show the number of
birds and the value per head.
(2) Compensation for disposal of poultry and/or eggs infected with
or exposed to H5/H7 LPAI will be based on receipts or other
documentation maintained by the claimant verifying expenditures for
disposal activities authorized by this part. Any disposal of poultry
infected with or exposed to H5/H7 LPAI for which compensation is
requested must be performed under a compliance agreement between the
claimant and APHIS. APHIS will review claims for compensation for
disposal to ensure that all expenditures relate directly to activities
described in Sec. 56.5 and in the initial State response and
containment plan described in Sec. 56.10. If disposal is performed by
the Cooperating State Agency, APHIS will compensate the Cooperating
State Agency for disposal under a cooperative agreement.
(3) The destruction and disposal of the poultry and/or eggs must be
conducted in accordance with the initial State response and containment
plan for H5/H7 LPAI, as described in Sec. 56.10.
(b) Cleaning and disinfection (virus elimination). (1) Compensation
for cleaning and disinfection (virus elimination) of premises,
conveyances, and materials that came into contact with poultry that are
infected with or exposed to H5/H7 LPAI will be determined using the
current APHIS flat-rate virus elimination (VE) calculator in effect at
the time of the infection, except in instances when the claimant and
APHIS jointly agree the VE calculator is not applicable to the premises
type.
(2) For premises types for which a flat-rate VE calculator is not
applicable, reimbursement will be based on receipts or other
documentation maintained by the claimant verifying expenditures for
cleaning and disinfection (virus elimination) activities authorized by
this part. Any cleaning and disinfection (virus elimination) of
premises, conveyances, and materials for which compensation is
requested must be performed under a compliance agreement between the
claimant, the Cooperating State Agency, and APHIS. APHIS will review
claims for compensation for cleaning and disinfection (virus
elimination) to ensure that all expenditures relate directly to
activities described in Sec. 56.5 and in the initial State response
and containment plan described in Sec. 56.10.
(i) In the case of materials, if the cost of cleaning and
disinfection (virus elimination) would exceed the value of the
materials or cleaning and disinfection (virus elimination) would be
impracticable for any reason, compensation for the destruction of the
materials will be based on the fair market value (depreciated value) of
those materials, as determined by an appraisal. Materials will be
appraised by an APHIS official appraiser. Compensation for disposal of
the materials will be based on receipts or other documentation
maintained by the claimant verifying expenditures for disposal
activities authorized by this part. Appraisals of materials must be
reported on forms furnished by APHIS and must be signed by the
appraisers and by the owners of the materials to indicate agreement
with the appraisal amount. Appraisals of materials must be signed and
received by APHIS prior to the disassembly or destruction of the
materials, unless the owners, APHIS, and the Cooperating State Agency
agree in writing that the materials may be disassembled and/or
destroyed immediately. Any disposal of materials for which compensation
is requested must be performed under a compliance agreement between the
claimant, the Cooperating State Agency, and APHIS. APHIS will review
claims for compensation for disposal to ensure that all expenditures
relate directly to activities described in Sec. 56.5 and in the
initial State response and containment plan described in Sec. 56.10.
(ii) [Reserved]
(c) Requirements for compliance agreements. The compliance
agreement is a comprehensive document that describes the depopulation,
disposal, and cleaning and disinfection plans for poultry that were
infected with or exposed to H5/H7 LPAI, or a premises that contained
such poultry. The compliance agreement must set out cost estimates that
include labor, materials, supplies, equipment, personal protective
equipment, and any additional information deemed necessary by APHIS. A
compliance agreement is comparable to a statement of work and must
indicate what tasks will be completed, who will be responsible for each
task, and how much the work is expected to cost. A compliance agreement
may also be referred to as a detailed financial plan. Once work
associated with the compliance agreement is completed, receipts and
documentation detailing the activities specified in the agreement
should be forwarded to APHIS for review, approval, and final payment.
This documentation should be submitted to APHIS no later than 30 days
after the quarantine release of the affected or exposed premises.
(Approved by the Office of Management and Budget under control
numbers 0579-0007 and 0579-0474)
0
5. Section 56.5 is amended as follows:
0
a. By revising the section heading;
0
b. In paragraph (c)(1) introductory text, by adding the words ``and
maintain their current National Poultry Improvement Plan (NPIP)
certifications'' after the words ``controlled marketing''; and
0
c. By revising paragraphs (c)(2) and (d).
[[Page 62564]]
The revisions read as follows:
Sec. 56.5 Destruction and disposal of poultry and cleaning and
disinfection (virus elimination) of premises, conveyances, and
materials.
* * * * *
(c) * * *
(2) Poultry moved for controlled marketing will not be eligible for
indemnity under Sec. 56.3. However, any costs related to cleaning and
disinfection (virus elimination) of premises, conveyances, and
materials that came into contact with poultry that are moved for
controlled marketing will be eligible for compensation under Sec.
56.3.
(d) Cleaning and disinfection (virus elimination) of premises,
conveyances, and materials. Premises, conveyances, and materials that
came into contact with poultry infected with or exposed to H5/H7 LPAI
must be cleaned and disinfected; Provided, that materials for which the
cost of cleaning and disinfection would exceed the value of the
materials or for which cleaning and disinfection would be impracticable
for any reason may be destroyed and disposed. Cleaning and disinfection
must be performed in accordance with the initial State response and
containment plan described in Sec. 56.10, which must be approved by
APHIS. Cleaning and disinfection must also be performed in accordance
with any applicable State and local environmental regulations.
0
6. Section 56.6 is amended as follows:
0
a. By revising the section heading;
0
b. In paragraph (a), by removing the word ``Compensation'' and adding
the word ``Indemnity'' in its place;
0
c. By revising paragraph (b); and
0
d. In paragraph (c), by adding the words ``(virus elimination)'' after
the word ``disinfection'' each time it appears.
The revision reads as follows:
Sec. 56.6 Presentation of claims for indemnity and/or compensation.
* * * * *
(b) Indemnity for the value of eggs to be destroyed due to
infection or exposure to H5/H7 LPAI; and
* * * * *
0
7. Section 56.8 is amended as follows:
0
a. In paragraph (a) introductory text, by removing the word ``may'' and
adding the word ``shall'' in its place; and
0
b. By revising paragraph (b).
The revision reads as follows:
Sec. 56.8 Conditions for payment.
* * * * *
(b)(1) If indemnity for the destroyed poultry or eggs is being
provided for 100 percent of eligible costs under Sec. 56.3(b), the
Administrator may pay contractors eligible for indemnity under this
section 100 percent of the amount determined in paragraph (a) of this
section.
(2) If indemnity for the destroyed poultry or eggs is being
provided for 25 percent of eligible costs under Sec. 56.3(b), the
Administrator may pay contractors eligible for indemnity under this
section 25 percent of the amount determined in paragraph (a) of this
section.
* * * * *
Sec. 56.9 [Amended]
0
8. Section 56.9 is amended as follows:
0
a. In paragraph (a), by removing the citation ``Sec. 56.4(a)(1)'' and
adding the citation ``Sec. 56.4(a)'' in its place; and
0
b. In paragraph (b), by adding the words ``and/or compensation'' after
the word ``indemnity'' both times it appears.
0
9. Section 56.10 is amended as follows:
0
a. In paragraph (a) introductory text, by adding the words ``and/or
compensation'' after the word ``indemnity''; and
0
b. By adding an OMB citation at the end of the section.
The addition reads as follows:
Sec. 56.10 Initial State response and containment plan.
* * * * *
(Approved by the Office of Management and Budget under control
number 0579-0474)
PART 145--NATIONAL POULTRY IMPROVEMENT PLAN FOR BREEDING POULTRY
0
10. 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
11. Section 145.1 is amended as follows:
0
a. By revising the definition for Avian influenza;
0
b. By adding, in alphabetical order, a definition for Newcastle
disease; and
0
c. By revising the definition for NPIP Program Standards.
The revisions and addition read as follows:
Sec. 145.1 Definitions.
* * * * *
Avian influenza. Avian influenza is defined as an infection of
poultry caused by any influenza A virus of the H5 or H7 subtypes or by
any influenza A virus with an intravenous pathogenicity index (IVPI)
greater than 1.2 (or as an alternative at least 75 percent mortality).
* * * * *
Newcastle disease. Newcastle disease (ND) is defined as an
infection of poultry caused by Newcastle disease virus (NDV), which is
an avian paramyxovirus serotype 1 (APMV-1) that meets one of the
following criteria for virulence:
(1) The virus has an intracerebral pathogenicity index (ICPI) in
day-old chicks (Gallusgallus) of 0.7 or greater; or
(2) Multiple basic amino acids have been demonstrated in the virus
(either directly or by deduction) at the C-terminus of the F2 protein
and phenylalanine at residue 117, which is the N-terminus of the F1
protein. The term `multiple basic amino acids' refers to at least three
arginine or lysine residues between residues 113 and 116. Failure to
demonstrate the characteristic pattern of amino acid residues as
described in the preceding sentences would require characterization of
the isolated virus by an ICPI test.
NPIP Program Standards. A document that contains tests and
sanitation procedures approved by the Administrator in accordance with
Sec. 147.53 of this subchapter for use under this subchapter. This
document may be obtained from the National Poultry Improvement Plan
(NPIP) website at http://www.poultryimprovement.org/ or by writing to
the Service at National Poultry Improvement Plan, APHIS, USDA, 1506
Klondike Road, Suite 101, Conyers, GA 30094.
* * * * *
0
12. Section 145.7 is revised to read as follows:
Sec. 145.7 Specific provisions for participating dealers.
Dealers in hatching eggs, newly hatched poultry, or started poultry
shall comply with the provisions in this part (within the NPIP Program
Standards document, Program Standard C applies to hatcheries;
alternatives to the program standards may also be approved by the
Administrator under Sec. 147.53 of this subchapter).
0
13. Section 145.14 is amended as follows:
0
a. By revising paragraphs (d)(1) and (2) introductory text; and
0
b. By adding paragraph (e).
The revisions and addition read as follows:
Sec. 145.14 Testing.
* * * * *
(d) * * *
(1) Antibody detection tests--(i) Enzyme-linked immunosorbent assay
(ELISA) test. (A) The ELISA test must be conducted using test kits
approved by the Department and the Official State Agency and must be
conducted in
[[Page 62565]]
accordance with the recommendations of the producer or manufacturer.
(B) When positive ELISA samples are identified, an AGID test must
be conducted within 48 hours.
(ii) Agar gel immunodiffusion (AGID) test. (A) The AGID test must
be conducted using reagents approved by the Department and the Official
State Agency.
(B) The AGID test for avian influenza must be conducted in
accordance with this section (within the NPIP Program Standards
document, Program Standard A applies to blood and yolk testing
procedures; alternatives to the program standards may also be approved
by the Administrator under Sec. 147.53 of this subchapter) for the
avian influenza agar gel immunodiffusion (AGID) test. The test can be
conducted on egg yolk or blood samples. The AGID test is not
recommended for use in waterfowl.
(C) Positive tests for the AGID must be further tested by Federal
Reference Laboratories using appropriate tests for confirmation. Final
judgment may be based upon further sampling and appropriate tests for
confirmation.
(2) Agent detection tests. Agent detection tests may be used to
detect influenza A virus but not to determine hemagglutinin or
neuraminidase subtypes. Samples for agent detection testing should be
collected from naturally occurring flock mortality or clinically ill
birds.
* * * * *
(e) For Newcastle Disease (ND). The official tests for ND are
serological tests for antibody detection or molecular-based tests for
antigen detection.
* * * * *
Sec. 145.23 [Amended]
0
14. Section 145.23 is amended as follows:
0
a. By removing paragraphs (d)(1)(vi) and (vii) and redesignating
paragraphs (d)(1)(viii) and (ix) as paragraphs (d)(1)(vi) and (vii),
respectively; and
b. By removing paragraph (d)(3) and redesignating paragraphs (d)(4)
and (5) as paragraphs (d)(3) and (4), respectively.
Sec. 145.24 [Amended]
0
15. In Sec. 145.24, paragraph (a)(1)(i) is amended by removing ``Sec.
145.23(b)(3)(i) through (vii), Sec. 145.33(b)(3)(i) through (vii),
Sec. 145.43(b)(3)(i) through (vi), Sec. 145.53(b)(3)(i) through
(vii), Sec. 145.73(b)(2)(i), Sec. 145.83(b)(2)(i), and Sec.
145.93(b)(3)(i) through (vii)'' and adding ``Sec. Sec. 145.23(b)(3)(i)
through (vii), 145.33(b)(3)(i) through (vii), 145.43(b)(3)(i) through
(vi), 145.53(b)(3)(i) through (vii), 145.73(b)(2)(i), 145.83(b)(2)(i),
145.93(b)(3)(i) through (vii), and 145.103(b)(3)(i) through (ix)'' in
its place.
0
16. Section 145.33 is amended as follows:
0
a. In paragraph (l)(1)(ii), by removing the number ``30'' and adding
the number ``15'' in its place; and
0
b. By revising paragraph (l)(2).
The revision reads as follows:
Sec. 145.33 Terminology and classification; flocks and products.
* * * * *
(l) * * *
(2) During each 90-day period, all multiplier spent fowl, up to a
maximum of 30, must be tested and found negative for avian influenza
within 21 days prior to movement to slaughter.
* * * * *
Sec. 145.34 [Amended]
0
17. In Sec. 145.34, paragraph (a)(1)(i) is amended by removing ``Sec.
145.23(b)(3)(i) through (vii), Sec. 145.33(b)(3)(i) through (vii),
Sec. 145.43(b)(3)(i) through (vi), Sec. 145.53(b)(3)(i) through
(vii), Sec. 145.73(b)(2)(i), Sec. 145.83(b)(2)(i), and Sec.
145.93(b)(3)(i) through (vii)'' and adding ``Sec. Sec. 145.23(b)(3)(i)
through (vii), 145.33(b)(3)(i) through (vii), 145.43(b)(3)(i) through
(vi), 145.53(b)(3)(i) through (vii), 145.73(b)(2)(i), 145.83(b)(2)(i),
145.93(b)(3)(i) through (vii), and 145.103(b)(3)(i) through (ix)'' in
its place.
0
18. Section 145.43 is amended by adding paragraph (h) and revising the
OMB citation at the end of the section to read as follows:
Sec. 145.43 Terminology and classification; flocks and products.
* * * * *
(h) U.S. Newcastle Disease Clean. The program in this paragraph (h)
is intended to be the basis from which the breeding-hatchery industry
may conduct a program for the prevention and control of Newcastle
disease. It is intended to determine the presence of Newcastle disease
in primary breeding turkeys through vaccination and/or monitoring of
each participating breeding flock. A flock and the hatching eggs and
poults produced from it will qualify for classification in this
paragraph (h) when the Official State Agency determines that they have
met the following requirements:
(1) It is a primary breeding flock that is either:
(i) Vaccinated for Newcastle disease using USDA-licensed vaccines
and response to vaccination is serologically monitored using an
approved test as described in Sec. 145.14 when more than 4 months of
age, and meets the criteria in paragraph (h)(2) of this section to
retain classification; or
(ii) Unvaccinated for Newcastle disease, in which a minimum of 30
birds have tested negative to ND using an approved test as described in
Sec. 145.14 when more than 4 months of age and meets criteria in
paragraph (h)(3) of this section to retain classification.
(2) To retain the classification in this paragraph (h) for
vaccinated flocks:
(i) Vaccines for ND must be USDA-licensed vaccines administered
during early stages of development through rearing, and inactivated
vaccines as final vaccination prior to the onset of egg production; and
(ii) The flock has been monitored for antibody response using
approved serological tests as listed in Sec. 145.14 and the results
are compatible with immunological response against ND vaccination; and
(iii) Testing must include a minimum of 30 birds with a serologic
monitoring program when more than 4 months of age and prior to the
onset of production and not longer than every 90 days thereafter.
(3) To retain the classification in this paragraph (h) for
unvaccinated flocks:
(i) A minimum of 30 birds per flock must test negative using an
approved test in Sec. 145.14 at intervals of 90 days; or
(ii) A sample of fewer than 30 birds may be tested, and found
negative, at any one time if all pens are equally represented and a
total of 30 birds is tested within each 90-day period; and
(iii) During each 90-day period, all primary spent fowl, up to a
maximum of 30, must test negative to ND within 21 days prior to
movement to slaughter.
(4) Newcastle disease must be a disease reportable to the
responsible State authority (State veterinarian, etc.) by all licensed
veterinarians. To accomplish this, all laboratories (private, State,
and university laboratories) that perform diagnostic procedures on
poultry must examine all submitted cases of unexplained respiratory
disease, egg production drops, and mortality for ND.
(Approved by the Office of Management and Budget under control
numbers 0579-0007 and 0579-0474)
Sec. 145.44 [Amended]
0
19. In Sec. 145.44, paragraph (a)(1)(i) is amended by removing ``Sec.
145.23(b)(3)(i) through (vii), Sec. 145.33(b)(3)(i) through (vii),
Sec. 145.43(b)(3)(i) through (vi), Sec. 145.53(b)(3)(i) through
(vii), Sec. 145.73(b)(2)(i), Sec. 145.83(b)(2)(i), and
[[Page 62566]]
Sec. 145.93(b)(3)(i) through (vii)'' and adding ``Sec. Sec.
145.23(b)(3)(i) through (vii), 145.33(b)(3)(i) through (vii),
145.43(b)(3)(i) through (vi), 145.53(b)(3)(i) through (vii),
145.73(b)(2)(i), Sec. 145.83(b)(2)(i), 145.93(b)(3)(i) through (vii),
and 145.103(b)(3)(i) through (ix)'' in its place.
0
20. Section 145.45 is amended as follows:
0
a. By revising paragraph (a) introductory text;
0
b. In paragraph (a)(1) introductory text, by adding the words ``and
ND'' after the word ``AI'' each time it appears;
0
c. In paragraph (a)(1)(i):
0
i. By adding the words ``and ND Clean in accordance with Sec.
145.43(h)'' after the citation ``Sec. 145.43(g)'';
0
ii. By adding the words ``and ND'' after the words ``official tests for
AI'' and adding the words ``and (e)'' after the citation ``Sec.
145.14(d)''; and
0
iii. By removing the word ``AI-related'' and adding the words ``AI and
ND-related'' in its place;
0
d. In paragraphs (a)(1)(iii) introductory text, (a)(1)(iii)(B) and (E),
and (a)(1)(v), by adding the words ``and ND'' after the word ``AI''
each time it appears;
0
e. In paragraph (a)(1)(vi), by adding the words ``and ND'' after the
word ``Influenza'';
0
f. In paragraph (a)(2)(iii):
0
i. By removing the words ``Clean classification'' and adding the words
``and ND Clean classifications'' in their place;
0
ii. By adding the words ``and ND'' after the word ``AI'' both times it
appears; and
0
iii. By removing the words ``avian influenza surveillance'' and adding
the words ``avian influenza and ND surveillance'' in their place;
0
g. In paragraph (a)(3)(iii), by adding the words ``and ND'' after the
word ``Influenza'';
0
h. In paragraph (a)(3)(iv), by adding the words ``and ND Clean program
as described in Sec. 145.43(h)'' after the citation ``Sec.
145.43(g)'';
0
i. In paragraph (a)(3)(vii), by adding the words ``and (h)'' after the
citation ``145.43(g)'';
0
j. In paragraph (a)(4), by adding the words ``and ND'' after the word
``AI'' both times it appears; and
0
k. By adding an OMB citation at the end of the section.
The revision and addition read as follows:
Sec. 145.45 Terminology and classification; compartments.
(a) US H5/H7 AI and ND Clean Compartment. The program in this
section is intended to be the basis from which the primary turkey
breeding-hatchery industry may demonstrate the existence and
implementation of a program that has been approved by the Official
State Agency and APHIS to establish a compartment consisting of a
primary breeding-hatchery company that is free of H5/H7 avian influenza
(AI) and ND. This compartment has the purpose of protecting the defined
subpopulation and avoiding the introduction and spread of H5/H7 AI and
ND within that subpopulation by prohibiting contact with other
commercial poultry operations, other domestic and wild birds, and other
intensive animal operations. The program shall consist of the
following:
* * * * *
(Approved by the Office of Management and Budget under control
number 0579-0474)
0
21. The heading for subpart E, consisting of Sec. Sec. 145.51 through
146.54, is revised to read as follows:
Subpart E--Special Provisions for Hobbyist and Exhibition Poultry,
and Raised-for-Release Waterfowl Breeding Flocks and Products
0
22. Section 145.51 is amended as follows:
0
a. By removing the definition for Game birds;
0
b. By adding, in alphabetical order, definitions for Hobbyist poultry
and Raised-for-release waterfowl; and
0
c. By removing the definition for Waterfowl.
The additions read as follows:
Sec. 145.51 Definitions.
* * * * *
Hobbyist poultry. Domesticated fowl which are bred for the purpose
of meat and/or egg production on a small scale as determined by the
Official State Agency.
Raised-for-release waterfowl. Domesticated fowl that normally swim,
such as ducks and geese, grown under confinement for the primary
purpose of producing eggs, chicks, started, or mature birds for release
on game preserves or in the wild.
0
23. Section 145.52 is amended as follows:
0
a. By revising the introductory text;
0
b. In paragraph (c), by removing the words ``in open-air facilities'';
and
0
c. By adding paragraph (f).
The revision and addition read as follows:
Sec. 145.52 Participation.
Participating flocks of hobbyist and exhibition poultry, raised-
for-release waterfowl, and the eggs, chicks, started, and mature
poultry produced from them shall comply with the applicable general
provisions of subpart A of this part and the special provisions of this
subpart. The special provisions that apply to meat-type waterfowl
flocks are found in subpart I of this part. The special provisions that
apply to game bird flocks are found in subpart J of this part.
* * * * *
(f) All participating raised-for-release waterfowl flocks,
regardless of whether they are breeders or non-breeders, shall be
enrolled under this subpart.
0
24. Section 145.53 is amended as follows:
0
a. In the introductory text, by removing the words ``and baby'' and
adding the words ``, chicks, started, and mature'' in their place.
0
b. In paragraph (b)(5), by removing the words ``exhibition waterfowl
or''; and
0
c. By revising paragraph (f).
The revision reads as follows:
Sec. 145.53 Terminology and classification; flocks and products.
* * * * *
(f) U.S. Salmonella Monitored. The program in this paragraph (f) is
intended to be the basis from which the breeding-hatching industry may
conduct a program for the prevention and control of salmonellosis. It
is intended to reduce the incidence of Salmonella organisms in hatching
eggs and day-old poultry through an effective and practical sanitation
and testing program at the breeder farm and in the hatchery. This will
afford other segments of the poultry industry an opportunity to reduce
the incidence of Salmonella in their products. The following
requirements must be met for a flock or hatchery to be eligible for the
classification in this paragraph (f) as determined by the Official
State Agency:
(1) Hatcheries must be kept in a sanitary condition as applicable
and as outlined in Sec. 145.6 (within the NPIP Program Standards
document, Program Standard C applies to hatcheries; alternatives to the
program standards may also be approved by the Administrator under Sec.
147.53 of this subchapter).
(2) An Authorized Agent shall collect and submit to an authorized
laboratory:
(i) A minimum of five samples from the hatchery at least every 30
days while in operation. These samples may include: Hatchery debris,
swabs from hatchers, setters, hatchery environment, hatchery equipment,
sexing tables and belts, meconium, chick box papers, hatching trays, or
chick transfer devices. Samples will be examined
[[Page 62567]]
bacteriologically at an authorized laboratory for Salmonella; and
(ii) Annual environmental samples from each pullet and breeder farm
in accordance with this section (within the NPIP Program Standards
document, Program Standard B applies to bacteriological examination
procedures; alternatives to the program standards may also be approved
by the Administrator under Sec. 147.53 of this subchapter). Samples
will be examined bacteriologically at an authorized laboratory for
Salmonella.
(3) If Salmonella is identified through this testing:
(i) A qualified poultry health professional knowledgeable with the
operation will be consulted and will:
(A) Review test results to evaluate the Salmonella monitoring
program.
(B) Use the Salmonella monitoring program test results to develop
appropriate and practical Salmonella intervention measures.
(ii) [Reserved]
(4) To claim products are of the classification in this paragraph
(f), all products shall be derived from a farm or hatchery that meets
the requirements of the classification.
* * * * *
Sec. 145.54 [Amended]
0
25. In Sec. 145.54, paragraph (a)(1)(i) is amended by removing ``Sec.
145.23(b)(3)(i) through (vii), Sec. 145.33(b)(3)(i) through (vii),
Sec. 145.43(b)(3)(i) through (vi), Sec. 145.53(b)(3)(i) through
(vii), Sec. 145.73(b)(2)(i), Sec. 145.83(b)(2)(i), and Sec.
145.93(b)(3)(i) through (vii)'' and adding ``Sec. Sec. 145.23(b)(3)(i)
through (vii), 145.33(b)(3)(i) through (vii), 145.43(b)(3)(i) through
(vi), 145.53(b)(3)(i) through (vii), 145.73(b)(2)(i), 145.83(b)(2)(i),
145.93(b)(3)(i) through (vii), and 145.103(b)(3)(i) through (ix)'' in
its place.
0
26. Section 145.73 is amended as follows:
0
a. By removing paragraphs (d)(1)(vi) and (vii) and redesignating
paragraphs (d)(1)(viii) and (ix) as paragraphs (d)(1)(vi) and (vii),
respectively;
0
b. By removing paragraph (d)(3) and redesignating paragraphs (d)(4) and
(5) as paragraphs (d)(3) and (4), respectively; and
0
c. By adding paragraph (h) and an OMB citation at the end of the
section.
The additions read as follows:
Sec. 145.73 Terminology and classification; flocks and products.
* * * * *
(h) U.S. Newcastle Disease Clean. The program in this paragraph (h)
is intended to be the basis from which the breeding-hatchery industry
may conduct a program for the prevention and control of Newcastle
disease. It is intended to determine the presence of Newcastle disease
in primary breeding chickens through vaccination and/or monitoring of
each participating breeding flock. A flock and the hatching eggs and
chicks produced from it will qualify for the classification in this
paragraph (h) when the Official State Agency determines that they have
met the following requirements:
(1) It is a primary breeding flock that is either:
(i) Vaccinated for Newcastle disease using USDA-licensed vaccines
and response to vaccination is serologically monitored using an
approved test as described in Sec. 145.14 when more than 4 months of
age and meets the criteria in paragraph (h)(2) of this section to
retain classification; or
(ii) Unvaccinated for Newcastle disease, in which a minimum of 30
birds have tested negative to ND using an approved test as described in
Sec. 145.14 when more than 4 months of age and meets criteria in
paragraph (h)(3) of this section to retain classification.
(2) To retain the classification in this paragraph (h) for
vaccinated flocks:
(i) Vaccines for ND must be USDA-licensed vaccines administered
during early stages of development through rearing, and inactivated
vaccines as final vaccination prior to the onset of egg production; and
(ii) The flock has been monitored for antibody response using
approved serological tests as listed in Sec. 145.14 and the results
are compatible with immunological response against ND vaccination; and
(iii) Testing must include a minimum of 30 birds with a serologic
monitoring program when more than 4 months of age and prior to the
onset of production and not longer than every 90 days thereafter.
(3) To retain the classification in this paragraph (h) for
unvaccinated flocks:
(i) A minimum of 30 birds per flock must test negative using an
approved test as described in Sec. 145.14 at intervals of 90 days; or
(ii) A sample of fewer than 30 birds may be tested, and found
negative, at any one time if all pens are equally represented and a
total of 30 birds is tested within each 90-day period; and
(iii) During each 90-day period, all primary spent fowl, up to a
maximum of 30, must test negative to ND within 21 days prior to
movement to slaughter.
(4) Newcastle disease must be a disease reportable to the
responsible State authority (State veterinarian, etc.) by all licensed
veterinarians. To accomplish this, all laboratories (private, State,
and university laboratories) that perform diagnostic procedures on
poultry must examine all submitted cases of unexplained respiratory
disease, egg production drops, and mortality for ND.
(Approved by the Office of Management and Budget under control
number 0579-0474)
0
27. Section 145.74 is amended as follows:
0
a. In paragraph (a) introductory text, by revising the heading, adding
the words ``and Newcastle disease (ND)'' after the word ``(AI)'', and
adding the words ``and ND'' after the word ``AI'';
0
b. In paragraph (a)(1) introductory text, by adding the words ``and
ND'' after the word ``AI'' each time it appears;
0
c. In paragraph (a)(1)(i):
0
i. By adding the words ``and ND Clean in accordance with Sec.
145.73(h)'' after the words ``in accordance with Sec. 145.73(f)'';
0
ii. By adding the words ``and ND'' after the words ``official tests for
AI'' and adding the words ``and (e)'' after the citation ``Sec.
145.14(d)''; and
0
iii. By removing the word ``AI-related'' and adding the words ``AI and
ND-related'' in its place;
0
d. In paragraphs (a)(1)(iii) introductory text, (a)(1)(iii)(B) and (E),
and (a)(1)(v), by adding the words ``and ND'' after the word ``AI''
each time it appears;
0
e. In paragraph (a)(1)(vi), by adding the words ``and ND'' after the
word ``Influenza'';
0
f. In paragraph (a)(2)(iii):
0
i. By removing the words ``Clean classification'' and adding the words
``and ND Clean classifications'' in their place;
0
ii. By adding the words ``and ND'' after the word ``AI'' both times it
appears; and
0
iii. By removing the words ``avian influenza surveillance'' and adding
the words ``avian influenza and ND surveillance'' in their place;
0
g. In paragraph (a)(3)(iii), by adding the words ``and ND'' after the
word ``Influenza'';
0
h. In paragraph (a)(3)(iv), by adding the words ``and ND Clean program
as described in
Sec. 145.73 (h)'' after the citation ``Sec. 145.73(f)'';
0
i. In paragraph (a)(3)(vii), by removing the citation ``Sec. Sec.
145.15 and 145.73(f)'' and adding the citation ``Sec. Sec. 145.15,
145.73(f), and 145.73(h)'' in its place;
0
j. In paragraph (a)(4), by adding the words ``and/or ND'' after the
word ``AI'' both times it appears; and
[[Page 62568]]
0
k. By adding an OMB citation at the end of the section.
The revision and addition read as follows:
Sec. 145.74 Terminology and classification; compartments.
(a) U.S. Avian Influenza and Newcastle Disease Clean Compartment. *
* *
* * * * *
(Approved by the Office of Management and Budget under control
number 0579-0474)
0
28. Section 145.83 is amended as follows:
0
a. By removing paragraph (e)(1)(iv) and redesignating paragraphs
(e)(1)(v) and (vi) as paragraphs (e)(1)(iv) and (v), respectively; and
0
b. By adding paragraph (h) and an OMB citation at the end of the
section.
The additions read as follows:
Sec. 145.83 Terminology and classification; flocks and products.
* * * * *
(h) U.S. Newcastle Disease (ND) Clean. The program in this
paragraph (h) is intended to be the basis from which the breeding-
hatchery industry may conduct a program for the prevention and control
of Newcastle disease. It is intended to determine the presence of
Newcastle disease in primary breeding chickens through vaccination and/
or monitoring of each participating breeding flock. A flock and the
hatching eggs and chicks produced from it will qualify for the
classification in this paragraph (h) when the Official State Agency
determines that they have met the following requirements:
(1) It is a primary breeding flock that is either:
(i) Vaccinated for Newcastle disease using USDA-licensed vaccines
and response to vaccination is serologically monitored using an
approved test as described in Sec. 145.14 when more than 4 months of
age and meets the criteria in paragraph (h)(2) of this section to
retain classification; or
(ii) Unvaccinated for Newcastle disease, in which a minimum of 30
birds have tested negative to ND using an approved test as described in
Sec. 145.14 when more than 4 months of age and meets criteria in
paragraph (h)(3) of this section to retain classification.
(2) To retain the classification in this paragraph (h) for
vaccinated flocks:
(i) Vaccines for ND must be USDA-licensed vaccines administered
during early stages of development through rearing, and inactivated
vaccines as final vaccination prior to the onset of egg production; and
(ii) The flock has been monitored for antibody response using
approved serological tests as described in Sec. 145.14 and the results
are compatible with immunological response against ND vaccination; and
(iii) Testing must include a minimum of 30 birds with a serologic
monitoring program when more than 4 months of age and prior to the
onset of production, and not longer than every 90 days thereafter.
(3) To retain the classification in this paragraph (h) for
unvaccinated flocks:
(i) A minimum of 30 birds per flock must test negative using an
approved test as described in Sec. 145.14 at intervals of 90 days; or
(ii) A sample of fewer than 30 birds may be tested, and found
negative, at any one time if all pens are equally represented and a
total of 30 birds is tested within each 90-day period; and
(iii) During each 90-day period, all primary spent fowl, up to a
maximum of 30, must test negative to ND within 21 days prior to
movement to slaughter.
(4) Newcastle disease must be a disease reportable to the
responsible State authority (State veterinarian, etc.) by all licensed
veterinarians. To accomplish this, all laboratories (private, State,
and university laboratories) that perform diagnostic procedures on
poultry must examine all submitted cases of unexplained respiratory
disease, egg production drops, and mortality for ND.
(Approved by the Office of Management and Budget under control
number 0579-0474)
0
29. Section 145.84 is amended as follows:
0
a. In paragraph (a) introductory text, by revising the heading, adding
the words ``and Newcastle disease (ND)'' after the words ``influenza
(AI)'', and adding the words ``and ND'' after the words ``H5/H7 AI'';
0
b. In paragraph (a)(1) introductory text, by adding the words ``and
ND'' after the word ``AI'' each time it appears;
0
c. By revising paragraph (a)(1)(i);
0
d. In paragraphs (a)(1)(iii) introductory text, (a)(1)(iii)(B) and (E),
and (a)(1)(v), by adding the words ``and ND'' after the word ``AI''
each time it appears;
0
e. In paragraph (a)(1)(vi), by adding the words ``and ND'' after the
word ``Influenza'';
0
f. In paragraph (a)(2)(iii):
0
i. Removing the words ``Clean classification'' and adding the words
``and ND Clean classifications'' in their place;
0
ii. Adding the words ``and ND'' after the word ``AI'' both times it
appears; and
0
iii. Removing the words ``avian influenza surveillance'' and adding the
words ``avian influenza and ND surveillance'' in their place;
0
g. In paragraph (a)(3)(iv), by adding the words ``and ND Clean program
as described in Sec. 145.83(h)'' after the citation ``Sec.
145.83(g)'';
0
h. In paragraph (a)(3)(vii), by adding the words ``and (h)'' after the
citation ``145.83(g)'';. and
0
i. By adding an OMB citation at the end of the section.
The revisions and addition read as follows:
Sec. 145.84 Terminology and classification; compartments.
(a) U.S. Avian Influenza and Newcastle Disease Clean Compartment. *
* *
(1) * * *
(i) Definition and description of the subpopulation of birds and
their health status. All birds included in the compartment must be U.S.
Avian Influenza Clean in accordance with Sec. 145.83(g) and ND Clean
in accordance with Sec. 145.83(h). The poultry must also be located in
a State that has an initial State response and containment plan
approved by APHIS under Sec. 56.10 of this chapter and that
participates in the diagnostic surveillance program for H5/H7 low
pathogenicity AI as described in Sec. 145.15. Within the compartment,
all official tests for AI and ND, as described in Sec. 145.14(d) and
(e), must be conducted in State or Federal laboratories or in NPIP
authorized laboratories that meet the minimum standards described in
Sec. 147.52 of this subchapter. In addition, the company must provide
to the Service upon request any relevant historical and current H5/H7
AI and ND-related data for reference regarding surveillance for the
disease and the health status of the compartment. Upon request, the
Official State Agency may provide such data for other commercial
poultry populations located in the State.
* * * * *
(Approved by the Office of Management and Budget under control
number 0579-0474)
Sec. 145.94 [Amended]
0
30. In Sec. 145.94, paragraph (a)(1)(i) is amended by removing the
word ``and'' and adding ``, and 145.103(b)(3)(i) through (ix)'' after
the citation ``145.93(b)(3)(i) through (vii)''.
0
31. Subpart J, consisting of Sec. Sec. 145.101 to 145.104, is added to
read as follows:
Subpart J--Special Provisions for Egg/Meat-Type Game Bird and Raised-
for-Release Game Bird Breeding Flocks and Products
Sec.
[[Page 62569]]
145.101 Definitions.
145.102 Participation.
145.103 Terminology and classification; flocks and products.
145.104 Terminology and classification; States.
Subpart J--Special Provisions for Egg/Meat-Type Game Bird and
Raised-for-Release Game Bird Breeding Flocks and Products
Sec. 145.101 Definitions.
Except where the context otherwise requires, for the purposes of
this subpart the following terms shall be construed, respectively, to
mean:
Egg/meat-type bird. Birds grown under confinement for the primary
purpose of producing eggs and/or meat for human consumption.
Game birds. Domesticated fowl such as pheasants, partridge, quail,
grouse, and guineas, but not doves and pigeons.
Raised-for-release bird. Birds grown under confinement for the
primary purpose of producing eggs, chicks, started, or mature birds for
release on game preserves or in the wild.
Sec. 145.102 Participation.
Participating flocks of egg/meat-type game birds, raised-for-
release game birds, and the products produced from them shall comply
with the applicable general provisions of subpart A of this part and
the special provisions of this subpart. Participation is broken into
the following categories of operation and products:
(a) The categories for operation are:
(1) Breeder. An individual or business that maintains a breeding
flock for the purpose of producing eggs, chicks, started, or mature
birds. A breeder that is also a hatchery and/or grower shall be
categorized as a breeder.
(2) Hatchery. A category of operations in which an individual or
business does not have a breeding flock, but hatches eggs for the
purpose of producing chicks, started, or mature birds. A hatchery that
is also a grower shall be categorized as a hatchery.
(3) Grower. A category of operations in which an individual or
business does not have a breeding flock or hatchery, but raises birds
for the purpose of selling started or mature birds.
(4) Dealer. An individual or business that resells eggs, chicks,
started, or mature birds. Products a dealer handles are typically
resold within 30 days or less.
(b) The categories for products are:
(1) Egg. An egg laid by a female bird for the purpose of hatching a
chick.
(2) Chick. A bird that is newly hatched from an egg.
(3) Started bird. A bird that is between the age of a newly hatched
chick and a mature bird.
(4) Mature bird. A bird that is fully colored and has reached the
average maximum size specific to each species.
(c) Products shall lose their identity under Plan terminology when
not maintained by Plan participants under the conditions prescribed in
Sec. 145.5(a).
(d) Hatching eggs produced by breeding flocks shall be nest clean,
fumigated, or otherwise sanitized in accordance with part 147 of this
subchapter.
(e) It is recommended that gallinaceous flocks and waterfowl flocks
be kept separate.
(f) Any nutritive material provided to baby poultry must be free of
the avian pathogens that are officially represented in the Plan disease
classifications listed in Sec. 145.10.
(g) A flock of game birds that are not breeders, but are located on
the same premise as game bird breeders, shall be covered under the same
NPIP hatchery approval number as long as the appropriate testing
requirements have been met.
(h) All participating raised-for-release game bird flocks,
regardless of whether they are breeders or non-breeders, shall be
enrolled under this subpart.
(i) A breeder, hatchery, or grower may also be a dealer without
being categorized as a dealer. To resell products under the assigned
NPIP number and avoid losing NPIP flock classifications, products must
be purchased from an NPIP participant with equal or greater
classifications or from a flock with equivalent or greater testing
requirements under official supervision.
(j) 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 either VS Form 9-
3, ``Report of Sales of Hatching Eggs, Chicks, and Poults,'' or by
using an invoice form (9-3I) approved by the Official State Agency and
the Service to identify poultry sales to clients. If the 9-3I form is
used, the following information must be included on the form:
(1) The form number ``9-3I'', printed or stamped on the invoice;
(2) The seller name and address;
(3) The date of shipment;
(4) The invoice number;
(5) The purchaser name and address;
(6) The quantity of products sold;
(7) Identification of the products by bird variety or by NPIP stock
code as listed in the NPIP APHIS 91-55-078 appendix; and
(8) The appropriate NPIP illustrative design in Sec. 145.10. One
of the designs in Sec. 145.10(b) or (g) must be used. The following
information must be provided in or near the NPIP design:
(i) The NPIP State number and NPIP approval number; and
(ii) The NPIP classification for which product is qualified (e.g.,
U.S. Pullorum-Typhoid Clean).
Sec. 145.103 Terminology and classification; flocks and products.
Participating flocks, and the eggs, chicks, started, and mature
birds produced from them, which have met the respective requirements
specified in this section may be designated by the following terms and
the corresponding designs illustrated in Sec. 145.10.
(a) [Reserved]
(b) U.S. Pullorum-Typhoid Clean. A flock in which freedom from
pullorum and typhoid has been demonstrated to the Official State Agency
under paragraph (b)(1), (2), or (3) of this section. (See Sec. 145.14
relating to the official blood test where applicable.):
(1) It has been officially blood tested within the past 12 months
with either no reactors or reactors that, upon further bacteriological
examination conducted in accordance with part 147 of this subchapter,
fail to isolate S. pullorum or S. gallinarum.
(2) It is a started or mature bird flock that meets the following
specifications as determined by the Official State Agency and the
Service:
(i) The flock is located in a State where 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
poultry specimens from which S. pullorum or S. gallinarum is isolated;
(ii) The flock is composed entirely of birds that originated from
U.S. Pullorum-Typhoid Clean breeding flocks or from flocks that met
equivalent requirements under official supervision; and
(iii) The flock is located on a premises where a flock not
classified as U.S. Pullorum-Typhoid Clean was located the previous
year; Provided, That an Authorized Testing Agent must blood test up to
300 birds per flock, as described in Sec. 145.14, if the Official
State Agency determines that the flock has been exposed to pullorum-
typhoid. In making determinations of exposure and setting the number of
birds to be blood tested, the Official State Agency shall evaluate the
results of any blood tests, described in Sec. 145.14(a)(1), that were
performed on an unclassified flock located on the premises during the
[[Page 62570]]
previous year; the origins of the unclassified flock; and the
probability of contacts between the flock for which qualification is
being sought and infected wild birds, contact between the flock for
which qualification is being sought and contaminated feed or waste, or
contact between the flock for which qualification is being sought and
birds, equipment, supplies, or personnel from flocks infected with
pullorum-typhoid.
(3) It is a breeding flock that originated from U.S. Pullorum-
Typhoid Clean breeding flocks or from flocks that met equivalent
requirements under official supervision, and in which a sample of 300
birds from flocks of more than 300, and each bird in flocks of 300 or
less, has been officially tested for pullorum-typhoid with no reactors
or reactors that upon bacteriologic examination fail to reveal
Pullorum-Typhid: Provided, That a bacteriological examination
monitoring program or serological examination monitoring program for
game birds acceptable to the Official State Agency and approved by the
Service may be used in lieu of annual blood testing: And provided
further, That it is located in a State in which it has been determined
by the Service that:
(i) All hatcheries within the State are qualified as ``National
Plan Hatcheries'' or have met equivalent requirements for pullorum-
typhoid control under official supervision;
(ii) All hatchery supply flocks within the State are qualified as
U.S. Pullorum-Typhoid Clean or have met equivalent requirements for
pullorum-typhoid control under official supervision: Provided, That if
other domesticated fowl, except waterfowl, are maintained on the same
premises as the participating flock, freedom from pullorum-typhoid
infection shall be demonstrated by an official blood test of each of
these fowl;
(iii) All shipments of products other than U.S. Pullorum-Typhoid
Clean, or equivalent, into the State are prohibited;
(iv) 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 poultry specimens from which S.
pullorum or S. gallinarum is isolated;
(v) All reports of any disease outbreak involving a disease covered
under the Plan are promptly followed by an investigation by the
Official State Agency to determine the origin of the infection;
Provided, That if the origin of the infection involves another State,
or if there is exposure to poultry in another State from the infected
flock, then the National Poultry Improvement Plan will conduct an
investigation;
(vi) All flocks found to be infected with pullorum or typhoid are
quarantined until marketed or destroyed under the supervision of the
Official State Agency, or until subsequently blood tested, following
the procedure for reacting flocks as contained in Sec. 145.14(a)(5),
and all birds fail to demonstrate pullorum or typhoid infection;
(vii) All poultry, including exhibition, exotic, and game birds,
but excluding waterfowl, going to public exhibition shall come from
U.S. Pullorum-Typhoid Clean or equivalent flocks, or have had a
negative pullorum-typhoid test within 90 days of going to public
exhibition; and
(viii) The flock is located in a State in which pullorum disease or
fowl typhoid is not known to exist nor to have existed in hatchery
supply flocks within the State during the preceding 24 months.
(ix) Discontinuation of any of the conditions or procedures
described in paragraphs (b)(3)(i) through (viii) of this section, or
the occurrence of repeated outbreaks of pullorum or typhoid in poultry
breeding flocks within or originating within the State shall be grounds
for the Service to revoke its determination that such conditions and
procedures have been met or complied with. Such action shall not be
taken until a thorough investigation has been made by the Service and
the Official State Agency has been given an opportunity to present its
views.
(c) U.S. H5/H7 Avian Influenza Clean. The program in this paragraph
(c) is intended to be the basis from which the game bird 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 game bird flocks
through routine surveillance of each participating flock. A flock or
premises, and the hatching eggs, chicks, started, and mature birds
produced from it, will qualify for the classification in this paragraph
(c) when the Official State Agency determines that it has met the
following requirements:
(1) It is a flock in which a minimum of 30 birds has been tested
negative to the H5 and H7 subtypes of avian influenza as provided in
Sec. 145.14(d) when more than 4 months of age. To retain the
classification in this paragraph (c):
(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) For participants with non-breeding flocks retained for raised-
for-release or other purposes on the same premises as a breeding flock,
a representative sample of at least 30 birds from the participating
premises must be tested negative to the H5 and H7 subtypes of avian
influenza as provided in Sec. 145.14(d) when more than 4 months of
age, every 90 days.
(d) U.S. Salmonella Monitored. The program in this paragraph (d) is
intended to be the basis from which the game bird industry may conduct
a program for the prevention and control of salmonellosis. It is
intended to reduce the incidence of Salmonella organisms in day-old
poultry through an effective and practical sanitation program in the
hatchery. This will afford other segments of the poultry industry an
opportunity to reduce the incidence of Salmonella in their products.
The following requirements must be met for a flock to be of this
classification in this paragraph (d):
(1) An Authorized Agent shall collect a minimum of five
environmental samples, e.g., chick papers, hatching trays, and chick
transfer devices, from the hatchery at least every 30 days. Testing
must be performed at an authorized laboratory.
(2) To claim products are of the classification in this paragraph
(d), all products shall be derived from a hatchery that meets the
requirements of the classification.
(3) The classification in this paragraph (d) may be revoked by the
Official State Agency if the participant fails to follow recommended
corrective measures.
Sec. 145.104 Terminology and classification; States.
(a) U.S. Pullorum-Typhoid Clean State. (1) A State will be declared
a U.S. Pullorum-Typhoid Clean State when it has been determined by the
Service that:
(i) The State is in compliance with the provisions contained in
Sec. Sec. 145.23(b)(3)(i) through (vii), 145.33(b)(3)(i) through
(vii), 145.43(b)(3)(i) through (vi), 145.53(b)(3)(i) through (vii),
145.73(b)(2)(i), 145.83(b)(2)(i), 145.93(b)(3)(i) through (vii), and
145.103(b)(3)(i) through (ix).
(ii) No pullorum disease or fowl typhoid is known to exist nor to
have existed in hatchery supply flocks within the State during the
preceding 12 months: Provided, That pullorum disease or fowl typhoid
found within the preceding 24 months in waterfowl,
[[Page 62571]]
exhibition poultry, and game bird breeding flocks will not prevent a
State, which is otherwise eligible, from qualifying.
(2) If there is discontinuation of any of the conditions described
in paragraph (a)(1)(i) of this section, or repeated outbreaks of
pullorum or typhoid occur in hatchery supply flocks described in
paragraph (a)(1)(ii) of this section, or if an infection spreads from
the originating premises, the Service shall have grounds to revoke its
determination that the State is entitled to this classification in this
paragraph (a). Such action shall not be taken until a thorough
investigation has been made by the Service and the Official State
Agency has been given an opportunity for a hearing in accordance with
rules of practice adopted by the Administrator.
(b) [Reserved]
PART 146--NATIONAL POULTRY IMPROVEMENT PLAN FOR COMMERCIAL POULTRY
0
32. The authority citation for part 146 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
0
33. Section 146.13 is amended as follows:
0
a. By revising paragraph (b)(1); and
0
b. In paragraph (b)(2) introductory text, by removing the words
``matrix gene or protein'' and adding the word ``virus'' in their
place.
The revision reads as follows:
Sec. 146.13 Testing.
* * * * *
(b) * * *
(1) Antibody detection tests--(i) Enzyme-linked immunosorbent assay
(ELISA) test. (A) The ELISA test must be conducted using test kits
approved by the Department and the Official State Agency and must be
conducted in accordance with the recommendations of the producer or
manufacturer.
(B) When positive ELISA samples are identified, an AGID test must
be conducted within 48 hours.
(ii) Agar gel immunodiffusion (AGID) test. (A) The AGID test must
be conducted using reagents approved by the Department and the Official
State Agency.
(B) The AGID test for avian influenza must be conducted in
accordance with this section (within the NPIP Program Standards,
Program Standard A applies to blood and yolk testing procedures;
alternatives to the program standards may also be approved by the
Administrator under Sec. 147.53 of this subchapter) for the avian
influenza AGID test. The test can be conducted on egg yolk or blood
samples. The AGID test is not recommended for use in waterfowl.
(C) Positive tests for the AGID must be further tested by Federal
Reference Laboratories using appropriate tests for confirmation. Final
judgment may be based upon further sampling and appropriate tests for
confirmation.
* * * * *
0
34. Section 146.51 is revised to read as follows:
Sec. 146.51 Definitions.
Except where the context otherwise requires, for the purposes of
this subpart the following terms shall be construed, respectively, to
mean:
Egg/meat-type game birds. Domesticated fowl such as pheasants,
partridge, quail, grouse, and guineas, but not doves and pigeons grown
under confinement for the primary purposes of producing eggs and/or
meat for human consumption.
Egg/meat-type waterfowl. Domesticated ducks or geese grown under
confinement for the primary purposes of producing eggs and/or meat for
human consumption.
Meat-type game bird slaughter plant. A meat-type game bird
slaughter plant that is federally inspected or under State inspection
that the U.S. Department of Agriculture's Food Safety and Inspection
Service has recognized as equivalent to Federal inspection.
Meat-type waterfowl slaughter plant. A meat-type waterfowl
slaughter plant that is federally inspected or under State inspection
that the U.S. Department of Agriculture's Food Safety and Inspection
Service has recognized as equivalent to Federal inspection.
Shift. The working period of a group of employees who are on duty
at the same time.
0
35. Section 146.52 is revised to read as follows:
Sec. 146.52 Participation.
(a) Participating meat-type game bird slaughter plants, meat-type
waterfowl slaughter plants, and egg-type game bird and egg-type
waterfowl premises producing eggs for human consumption shall comply
with the applicable general provisions of subpart A of this part and
the special provisions of this subpart.
(b) Meat-type game bird slaughter plants and meat-type waterfowl
slaughter plants that slaughter fewer than 50,000 birds annually are
exempt from the special provisions of this subpart.
(c) Egg-type game bird and egg-type waterfowl premises with fewer
than 25,000 birds are exempt from the special provisions of this
subpart.
0
36. Section 146.53 is amended as follows:
0
a. In the introductory text, by adding the words ``slaughter plants
and'' after the word ``Participating'' and removing the words ``of this
part'';
0
b. By revising paragraph (a) introductory text;
0
c. In paragraph (a)(1), by removing the words ``commercial upland'' and
adding the word ``meat-type'' in their place and removing the word
``commercial'' and adding the word ``meat-type'' in its place;
0
d. By revising paragraph (a)(2);
0
e. In paragraph (a)(3), by removing the words ``commercial upland'' and
adding the word ``meat-type'' in their place and removing the word
``commercial'' and adding the word ``meat-type'' in its place;
0
f. In paragraph (a)(4), by removing the words ``a commercial upland''
and adding the words ``an egg-type'' in their place and adding the word
``egg-type'' after the words ``game bird or''.
0
g. In paragraph (a)(5), by removing the words ``a commercial upland''
and adding the words ``an egg-type'' in their place and adding the word
``egg-type'' after the words ``game bird or''.
0
h. By removing and reserving paragraph (b).
The revisions read as follows:
Sec. 146.53 Terminology and classification; slaughter plants and
premises.
* * * * *
(a) U.S. H5/H7 Avian Influenza Monitored. The program in this
paragraph (a) is intended to be the basis from which the egg/meat-type
game bird and egg/meat-type waterfowl industry may conduct a program to
monitor for the H5/H7 subtypes of avian influenza. It is intended to
determine the presence of the H5/H7 subtypes of avian influenza in egg/
meat-type game birds and egg/meat-type waterfowl through routine
surveillance of each participating slaughter plant or, in the case of
egg-producing flocks, the regular surveillance of these flocks. A
slaughter plant or flock will qualify for the classification in this
paragraph (a) when the Official State Agency determines that it has met
one of the following requirements:
* * * * *
(2) It is a meat-type game bird slaughter plant or meat-type
waterfowl slaughter plant that only accepts egg/meat-type game birds or
egg/meat-type waterfowl from flocks where a minimum of 11 birds per
flock have been tested negative for the H5/H7 subtypes of avian
influenza, as provided
[[Page 62572]]
in Sec. 146.13(b), no more than 21 days prior to slaughter;
* * * * *
PART 147--AUXILIARY PROVISIONS ON NATIONAL POULTRY IMPROVEMENT PLAN
0
37. 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
38. Section 147.45 is revised to read as follows:
Sec. 147.45 Official delegates.
Each cooperating State shall be entitled to one official delegate
for each of the programs prescribed in parts 145 and 146 of this
subchapter in which it has one or more participants at the time of the
Conference. The official delegates shall be elected by a representative
group of participating industry members and be certified by the
Official State Agency. It is recommended but not required that the
official delegates be Plan participants. Individuals may be allowed to
be an official delegate or alternate delegate for up to three States in
which that delegate has flocks or is a plan participant with
acknowledgement and approval of the Official State Agencies. Each
official delegate shall endeavor to obtain, prior to the Conference,
the recommendations of industry members of their State with respect to
each proposed change.
0
39. Section 147.48 is revised to read as follows:
Sec. 147.48 Approval of conference recommendations by the Department.
Proposals adopted by the official delegates will be recommended to
the Department for incorporation into the provisions of the National
Poultry Improvement Plan (NPIP) in parts 56, 145, and 146 of this
chapter and this subpart. The Department reserves the right to approve
or disapprove the recommendations of the conference as an integral part
of its sponsorship of the National Poultry Improvement Plan. The
Department will publish the recommendations in the Federal Register
within 14 months following the NPIP Biennial Conference.
0
40. In Sec. 147.52, paragraph (b) is revised to read as follows:
Sec. 147.52 Authorized laboratories.
* * * * *
(b) Trained technicians. Testing procedures at all authorized
laboratories must be run or overseen by a laboratory technician who
every 4 years has attended, and satisfactorily completed, Service-
approved laboratory workshops for Plan-specific diseases.
* * * * *
Done in Washington, DC, this 25th day of September 2020.
Mark Davidson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2020-21798 Filed 10-1-20; 8:45 am]
BILLING CODE 3410-34-P