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PA Bulletin, Doc. No. 09-674

NOTICES

DEPARTMENT OF AGRICULTURE

Interstate/International Quarantine Order; Avian Influenza

[39 Pa.B. 1874]
[Saturday, April 11, 2009]

Recitals.

   A.  Avian influenza is an infectious disease of poultry.

   B.  Avian influenza is designated a ''dangerous transmissible disease'' of animals under 3 Pa.C.S. § 2321(d) (relating to Domestic Animal Law) (Law) (3 Pa.C.S.A. §§ 2301--2389).

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

   D.  Avian influenza has caused significant loss in the past to this Commonwealth's poultry industry.

   E.  Avian influenza is of particular concern to this entire Commonwealth's poultry industry and may severely limit the market for this Commonwealth's product.

   F.  Avian influenza sub-types H5 and H7 are of particular concern due to their potential for developing into a virulent (highly pathogenic) form of disease.

   G.  Avian influenza exists, or is suspected to exist, outside this Commonwealth.

   H.  The Law allows (at 3 Pa.C.S.A. § 2329(c)) for the establishment of an Interstate/International Quarantine under the circumstances described previously.

   I.  Under that authority, the PDA issued its initial Interstate/International Quarantine Order addressing avian influenza on January 24, 2006. In the course of implementing and administering this initial Order, the PDA determined the need to refine the conditions of quarantine; and issued a February 7, 2008 Interstate/International Quarantine Order to supplant and rescind its initial Order.

   J.  The PDA has again determined the need to refine the conditions of quarantine. Specifically, the PDA seeks to further clarify the testing requirements applicable to poultry flocks.

Order.

   The PDA enters an Interstate/International Quarantine Order, incorporating the foregoing recitals. This order is entered under authority of the Law (at 3 Pa.C.S.A. § 2329) and section 1702 of The Administrative Code of 1929 (71 P. S. § 442), and establishes the following quarantine restrictions with respect to the shipment of live poultry into this Commonwealth:

   1.  For purposes of this Order, the term ''poultry'' includes 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 shall only be allowed into this Commonwealth under any of the following circumstances:

   a.  The poultry originate from a flock that participates in the current version of the NPIP and Auxiliary Provisions ''U.S. Avian Influenza Clean'' or ''U.S. H5/H7 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 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 fewer than 30 birds in the flock, all birds must be tested (RRT-PCR, virus isolation, or serology). For waterfowl, virus isolation (cloacal swabs) is required for entry. No untested birds shall have been added to the flock after sample collection and before entry into this Commonwealth.

   c.  If a flock is serologically positive, poultry from that flock may be imported only if 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 fewer than 150 birds in the flock, all birds must be tested. For waterfowl, virus isolation (cloacal swabs) is required for entry. 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. No untested birds shall have been added to the flock after sample collection and before entry into this Commonwealth.

   3.  Poultry 3 weeks of age and older, imported into this Commonwealth, shall meet all other import requirements required under PDA's regulations at Title 7 of the Pennsylvania Code (accessible through the following web site www.pacode.com).

   4.  Gallinaceous birds, water birds and ratites 3 weeks of age and older which are destined to be pet birds or destined to be part of a zoological or menagerie collection; and wild birds 3 weeks of age and older (gallinaceous birds, water birds, and ratites) destined for domestication, confinement, or as pets must be test negative for avian influenza (swabs tested using virus isolation or real-time reverse-transcriptase polymerase chain reaction (RRT-PCR) techniques). These birds may be individually tested for import. 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. For water birds, virus isolation (cloacal swabs) is required for entry.

   5.  All other imported gallinaceous birds, water birds and ratites 3 weeks of age and older must meet all AI testing requirements stated for poultry (includes birds intended for release). For water birds, virus isolation (cloacal swabs) is required for entry.

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

   7.  This Order is effective April 1, 2009, and supplants the referenced Interstate/International Quarantine Order of February 7, 2008.

DENNIS C WOLFF,   
Secretary

[Pa.B. Doc. No. 09-674. Filed for public inspection April 10, 2009, 9:00 a.m.]


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