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PA Bulletin, Doc. No. 08-351

NOTICES

DEPARTMENT OF AGRICULTURE

Avian Influenza

[38 Pa.B. 1043]
[Saturday, March 1, 2008]

   Whereas, avian influenza is an infectious disease of poultry;

   Whereas, avian influenza is designated a ''dangerous transmissible disease'' of animals under the provisions of the Domestic Animal Law (3 Pa.C.S. §§ 2301--2389), at 3 Pa.C.S. § 2321(d);

   Whereas, the Pennsylvania Department of Agriculture (PDA) has broad authority under the Domestic Animal Law to regulate the keeping and handling of domestic animals in order to exclude, contain or eliminate dangerous transmissible diseases;

   Whereas, avian influenza has caused significant loss in the past to the Pennsylvania poultry industry;

   Whereas, avian influenza is of particular concern to the entire Pennsylvania poultry industry and may severely limit the market for Pennsylvania product;

   Whereas, avian influenza subtypes H5 and H7 are of particular concern due to their potential for developing into a virulent (highly pathogenic) form of disease;

   Whereas, avian influenza exists, or is suspected to exist, outside this Commonwealth;

   Whereas, the Domestic Animal Law allows (at 3 Pa.C.S. § 2329(c)) for the establishment of an Interstate/International Quarantine under the circumstances described previously;

   Whereas, under that authority, PDA issued an Interstate/International Quarantine Order addressing avian influenza, effective January 24, 2006; and

   Whereas, PDA has since determined it appropriate to issue another Interstate/International Quarantine Order to supplant the reference January 24, 2006, Order in order to further clarify the testing requirements applicable to poultry flocks.

   Now, therefore, the PDA, under the authority granted it under the Domestic Animal Law and section 1702 of The Administrative Code of 1929 (71 P. S. § 442), orders the establishment of an interstate/international quarantine with respect to the shipment of live poultry into the Commonwealth. The quarantine restrictions are as follows:

   1.  Poultry will be defined as all domesticated fowl, including chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl and game birds, except doves and pigeons, or as otherwise defined, under subpart A of the current version of the National Poultry Improvement Plan (NPIP) and Auxiliary Provisions, and shall be 3 weeks of age or older.

   2.  Poultry (and their hatching eggs) shall only be allowed into the Commonwealth under any of the following circumstances:

   a.  The poultry originate from a flock that participates in the current version of the National Poultry Improvement Plan and Auxiliary Provisions ''U. S. Avian Influenza Clean'' program and the shipment is accompanied by a USDA form 9-3 or other approved NPIP form; or

   b.  The poultry originate from a flock that participates (in good standing) in a state, foreign nation or foreign provincial-sponsored avian influenza monitoring program and the shipment is accompanied by a document from the state, nation or province of origin indicating participation. The following requirements must be met to be in good standing: a) The flock must be tested every 30 days; b) The flock must be tested negative for avian influenza for 3-consecutive months; and c) Poultry must be 3 weeks of age or older to be tested. The date of sample collection with negative test results for avian influenza (serology, virus isolation or real-time reverse polymerase chain reaction (RRT-PCR)) must be within 40 days of entry into this Commonwealth. The shipment must be accompanied by the test report; or

   c.  The poultry originate from a flock in which a minimum of 30 birds, 3 weeks of age or older, were tested negative for avian influenza (serology, virus isolation or real-time reverse-transcriptase polymerase chain reaction (RRT-PCR)). The date of sample collection must be within 30 days of entry into this Commonwealth and the shipment must be accompanied by the test report. If there are less than 30 birds in the flock, test all birds (RRT-PCR, virus isolation or serology); or

   d.  The poultry originate from a flock that participates in an equivalent testing/surveillance program, as approved by the Pennsylvania State Veterinarian.

   3.  No poultry from any untested or unmonitored flocks shall have been added to the flock within 21 days of movement of birds into this Commonwealth.

   4.  Poultry from flocks that are serologically positive shall not be imported unless the flock is determined to be free of virus by virtue of a negative virus detection test (virus isolation or RRT-PCR) of oropharyngeal, tracheal and/or cloacal specimens from a minimum of 150 birds. If there are less than 150 birds in the flock, test all birds. The date of sample collection must be within 30 days of entry into this Commonwealth and the shipment must be accompanied by the test report.

   5.  Poultry 3 weeks of age and older, imported into this Commonwealth, shall meet all other import requirements required under 7 Pa. Code (relating to agriculture).

   6.  All imported gallinaceous birds, water birds and ratites (and their hatching eggs) must meet all AI testing requirements stated for poultry (includes birds intended for release).

   7.  This Order shall not be construed as limiting PDA's authority to establish additional quarantine or testing requirements on imported poultry and/or poultry products.

   8.  This Order is effective February 7, 2008, and supplants the referenced Interstate/International Quarantine Order of January 24, 2006.

DENNIS C WOLFF,   
Secretary

[Pa.B. Doc. No. 08-351. Filed for public inspection February 29, 2008, 9:00 a.m.]


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