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PA Bulletin, Doc. No. 09-118

NOTICES

DEPARTMENT
OF AGRICULTURE

Avian Influenza Virus Control; Live Bird Markets

[39 Pa.B. 432]
[Saturday, January 24, 2009]

Recitals.

   A.  Avian Influenza--an infectious disease of poultry--is designated a ''dangerous transmissible disease'' of animals under the provisions of the Domestic Animal Law (law) (3 Pa.C.S. §§ 2301--2389), at 3 Pa.C.S. § 2321(a)(6). Avian Influenza exists, or is suspected to exist, within this Commonwealth and in other states.

   B.  The law provides the Department of Agriculture (Department) extensive responsibility and authority to regulate the keeping and handling of domestic animals to exclude, contain or eliminate dangerous transmissible diseases.

   C.  Avian Influenza has, in past outbreaks, caused significant economic loss to the Pennsylvania poultry industry. The presence of Avian Influenza within Pennsylvania's poultry flocks may severely limit the market for Pennsylvania-produced poultry and poultry products.

   D.  Avian Influenza sub-types H5 and H7 are of particular concern because of their potential to mutate into virulent (highly pathogenic) forms. These sub-types are easily spread, and can mutate into strains that are communicable to or among humans.

   E.  Live Bird Markets--markets that sell live birds for consumers to slaughter, or that sell live birds and slaughter them on-premises for their customers--are of particular concern in that Avian Influenza is more likely to be present at these markets than at other poultry production operations. For this reason, reducing the number of infected markets will reduce the chance of sub-types H5 and H7 developing into virulent (highly pathogenic) forms of Avian Influenza virus.

   F.  The quarterly closure and cleaning of live bird markets in other states (such as, New York and New Jersey) has reduced the number of Avian Influenza-infected live bird markets in these other jurisdictions. This approach is proven and effective; and the Department intends to establish a similar quarterly closure and cleaning requirement for live bird markets that are located within Pennsylvania.

   G.  The Domestic Animal Law allows (at 3 Pa.C.S.A. § 2329(d)) for the establishment of a general quarantine under the circumstances described previously.

Order

   In consideration of the previous recitals, and with these recitals incorporated into this Order by reference, the Department hereby establishes a general quarantine under authority of the Domestic Animal Law (at 3 Pa.C.S. § 2329(d)) and section 1702 of The Administrative Code of 1929 (71 P. S. § 442). The following are the conditions and requirements of this Order:

   1.  Quarantine Area. The area covered by this Order of General Quarantine is the entire Commonwealth.

   2.  Applicability. The terms of this Order are applicable to live bird markets located within this Commonwealth.

   3.  ''Live Bird Market'' Defined. For purposes of this Order, a ''live bird market'' is a market that sells live birds for consumers to slaughter, or that sells live birds and slaughters them on-premises for its customers.

   4.  Mandatory Emptying, Cleaning and Disinfection. A live bird market located within this Commonwealth shall, at least 4 times each calendar year and at intervals of no greater than 120 days, do the following:

   a.  Sell and/or depopulate all live bird inventory such that no live birds are present on the premises of the live bird market; and then

   b.  Clean and disinfect the premises of the live bird market in accordance with cleaning and disinfection procedures prescribed by the Department or the United States Department of Agriculture (USDA); and then

   c.  Leave the live bird market empty of live birds for at least 24 hours after cleaning and disinfection, and until the Department personnel and/or USDA personnel inspect the live bird market and approve the reintroduction of live birds.

   5.  PDA and/or USDA Inspection. At least 24 hours after the cleaning and disinfection described in Paragraph No. 4, previously, the Department and/or USDA personnel will inspect a live bird market to determine whether the cleaning and disinfection process has been satisfactorily completed, and whether the market is ready for the reintroduction of live birds. The inspector shall, at the conclusion of the inspection, inform the person in charge at the market of the inspection result and whether the reintroduction of live birds may proceed.

   6.  Timing of the Department and/or USDA Inspections. The Department and/or USDA inspections described in Paragraph No. 5, previously, will be conducted during normal business hours, Monday through Friday, between 8 a.m. and 4 p.m. Operators of live bird markets should, in planning the timetable for the actions required by this Order, be aware of this inspection availability schedule.

   7.  Inspection/Compliance Standard. The objective of the inspection described in Paragraph No. 5, previously, shall be to determine whether the live bird market is in compliance the USDA Uniform Standards for Prevention and Control of H5 and H7 Low Pathogenicity Avian Influenza in the Live Bird Marketing System guidelines. These guidelines can be viewed on-line, at www.aphis.usda.gov/newsroom/hot_issues/avian_influenza/contents/printable_version/Uniform_Standards_2008.pdf.

   8.  Violations and Penalties. Any person violating the requirements of this Order shall be subject to criminal prosecution and/or civil penalties of up to $10,000 per violation.

   9.  No Restriction on Further Action by the Department. This Order shall not be construed as limiting the Department's authority to establish additional quarantine or testing requirements or take any actions otherwise permitted under applicable statute or regulation.

   10.  Effective Date. This Order is immediately effective January 9, 2009, and shall remain in effect unless rescinded or modified by subsequent order.

DENNIS C WOLFF,   
Secretary

[Pa.B. Doc. No. 09-118. Filed for public inspection January 23, 2009, 9:00 a.m.]


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