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PA Bulletin, Doc. No. 15-1544

NOTICES

DEPARTMENT OF AGRICULTURE

Interstate and General Quarantine Order; Virus Control for Highly Pathogenic Avian Influenza Vehicle, Container and Material Standards

[45 Pa.B. 4930]
[Saturday, August 22, 2015]

Recitals.

 A. Under the authority established in the Domestic Animal Law (3 Pa.C.S.A. §§ 2301—2389) and specifically the authority to establish quarantine orders as set forth at section 2329 of the Domestic Animal Law (3 Pa.C.S.A. §§ 2329(a), 2329(c) and 2329(d)), the Pennsylvania Department of Agriculture (Department) hereby establishes an Interstate and General Quarantine Order related to Standard Operating Procedures to be followed and standards for vehicles, conveyances, containers, and materials utilized to:

 1. Transport poultry, poultry waste, poultry manure or live or unprocessed goods or products of poultry or any combination of those into, within, through or from the Commonwealth of Pennsylvania, and

 2. Deliver or distribute poultry, poultry waste, poultry manure or live or unprocessed goods or products of poultry or any combination of those into or within the Commonwealth of Pennsylvania, and

 3. Pickup poultry, poultry waste, poultry manure or live or unprocessed goods or products of poultry or any combination of those from any premises in the Commonwealth of Pennsylvania.

 4. Transport, deliver, pickup or distribute poultry, poultry waste, poultry manure or live or unprocessed goods or products of poultry or any combination of those between poultry operations or premises within the Commonwealth of Pennsylvania.

 5. With regard to poultry waste and poultry manure this Order shall apply to any vehicle, conveyance or container utilized in the movement or application of poultry waste or poultry manure into, within, through or from the Commonwealth.

 B. This Interstate and General Quarantine Order is established to address all highly pathogenic avian influenza strains, including the H5N2 and H5N8 avian viruses that have developed into a virulent form of the disease. These sub-types are easily spread, and may mutate into strains that are communicable to or among humans.

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

 D. The Department has broad authority under the Domestic Animal Law to regulate the keeping and handling of domestic animals, conveyances, containers, goods, products and materials, in interstate and intrastate commerce, in order to exclude, contain or eliminate dangerous transmissible diseases, including prohibiting the shipment or movement of such products.

 E. Avian Influenza, including the current virulent strains of HPAI, may be transferred and spread through the movement of unwashed or un-sanitized vehicles, conveyances, containers, goods, products and materials.

 F. Avian Influenza has caused significant loss in the past to the Pennsylvania poultry industry and the current virulent forms of the disease have caused wide-spread loss to the poultry industry in states in which it has been detected and confirmed.

 G. Highly Pathogenic Avian Influenza is of particular concern to the entire Pennsylvania poultry industry as it may cause wide-spread loss of poultry, severely limit the market for Pennsylvania product and cause severe economic damage to the poultry industry in Pennsylvania.

 H. The Domestic Animal Law allows, at 3 Pa.C.S.A. § 2329(c), for an Interstate Quarantine Order to be established and enforced for any place or places outside of the Commonwealth where a dangerous transmissible disease has been reported or exists, or whenever it is deemed advisable to test or treat any domestic animal upon the reasonable suspicion that it has contracted or been exposed to a dangerous transmissible disease or whenever the testing or treatment of a domestic animal indicates that the domestic animal has been exposed to a dangerous transmissible disease. In addition, an Interstate Quarantine Order may apply to goods, products, facilities, containers, vehicles or materials that may carry a dangerous transmissible disease or be contaminated with a hazardous substance.

 I. The Domestic Animal Law allows, at 3 Pa.C.S.A. § 2329(d), for a General Quarantine Order to be established and enforced for any area or locality within this Commonwealth where a dangerous transmissible disease has been reported or exists, or whenever it is deemed advisable to test or treat any domestic animal upon the reasonable suspicion that it has contracted or been exposed to a dangerous transmissible disease or whenever the testing or treatment of a domestic animal indicates that the domestic animal has been exposed to a dangerous transmissible disease. In addition, a General Quarantine Order may apply to goods, products, facilities, containers, vehicles or materials that may carry a dangerous transmissible disease or be contaminated with a hazardous substance.

Order.

 In consideration of the previous recitals, and with those recitals incorporated into this Order by reference, the Department hereby establishes an Interstate and General Quarantine under authority of the Domestic Animal Law, at 3 Pa.C.S.A § 2329(c), and section 1702 of The Administrative Code of 1929 (71 P. S. § 442). The following are the conditions and requirements of this Interstate and General Quarantine Order:

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

 2. Applicability. The terms of this Order are applicable to the Quarantine Area.

 3. Poultry. For purposes of this Order, poultry shall include, chickens, turkeys, pigeons, doves, pheasants, grouse, partridges, quail, guinea fowl, pea fowl, ducks, geese, swans and all other waterfowl and any other species of bird, including gallinaceous birds and ratites, of any age, that may contract or harbor Avian Influenza virus.

 4. Conveyance or Vehicle. For purposes of this Order and in accordance with the Domestic Animal Act, shall include an automobile, truck, trailer, wagon or other vehicle used in the transportation of live or dead poultry, poultry waste or poultry products or by-products upon the highways of this Commonwealth.

 5. Containers or Materials. For purposes of this Order shall include, footwear, or other clothing, including biosecurity clothing, any vessel, cage, crate, coop, trailer, wagon, equipment manure application device or other instrument or object utilized to hold, transport, contain, limit, restrict, restrain, confine, control or apply poultry, poultry waste, poultry manure or live or unprocessed goods or products of poultry or any combination thereof, poultry feed and material used for litter or bedding for poultry.

 6. Live or Unprocessed Goods or Products of Poultry. For purposes of this Order shall include, eggs, unprocessed dead poultry, including accumulated mortalities from a flock which are kept in a storage container and removed by a waste collection or other trucking company for disposal.

 7. Any conveyance, vehicle, container or material originating from out of state and utilized to transport, deliver or distribute poultry, poultry waste, poultry manure or live or unprocessed goods or products of poultry or any combination of those into, within or through the Commonwealth of Pennsylvania, shall be completely cleaned and disinfected, in the manner set forth in paragraph 13 of this Order, using commercial truck washing equipment or other equivalent cleaning and disinfecting equipment, and shall be free of visible accumulations of manure and feathers prior to loading poultry in that other state and entering the Commonwealth of Pennsylvania. Proper documentation of such cleaning and disinfection, as set forth in paragraph 14 of this Order, shall be kept.

 8. Any conveyance, vehicle, container or material originating from out of state and entering the Commonwealth of Pennsylvania to pick up or load poultry, poultry waste, poultry manure or live or unprocessed goods or products of poultry or any combination of those from any premises in the Commonwealth of Pennsylvania shall be completely cleaned and disinfected, in the manner set forth in paragraph 13 of this Order, using commercial truck washing equipment or other equivalent cleaning and disinfecting equipment, and shall be free of visible accumulations of manure and feathers prior to entering the Commonwealth of Pennsylvania. Proper documentation of such cleaning and disinfection, as set forth in paragraph 14 of this Order, shall be kept.

 9. Any conveyance, vehicle, container or material utilized to transport, deliver, pickup or distribute poultry, poultry waste, poultry manure or live or unprocessed goods or products of poultry or any combination of those between poultry operations premises and any other premises within the Commonwealth of Pennsylvania shall be completely cleaned and disinfected, in the manner set forth in paragraph 13 of this Order, using commercial truck washing equipment or other equivalent cleaning and disinfecting equipment, and shall be free of visible accumulations of manure and feathers prior to entry onto a poultry operation premises to load or pickup poultry. The conveyance, vehicle, containers and materials shall then be cleaned and disinfected, in the manner set forth in paragraph 13 of this Order, using the first commercial truck washing equipment or other equivalent cleaning and disinfecting equipment, available after leaving the poultry operation and prior to entry onto any other premises. Proper documentation of such cleaning and disinfection, as set forth in paragraph 14 of this Order, shall be kept.

 10. Any conveyance, vehicle, container or material, whether originating from in state or out of state, utilized solely to transport and land apply (including stacking) poultry manure shall be cleaned and disinfected, in the manner set forth in paragraph 13 of this Order, using commercial truck washing equipment or other equivalent cleaning and disinfecting equipment, prior to loading or pickup of poultry manure or litter and before transporting or land applying poultry manure or litter from or on a separately owned or leased premises. Proper documentation of such cleaning and disinfection, as set forth in paragraph 14 of this Order, shall be kept.

 For commercial manure brokers, such cleaning and disinfection shall be done, in the manner set forth in paragraph 13 of this Order, prior to loading or pickup of poultry manure or litter at a new premises and prior to transporting and land applying (including stacking) poultry manure or litter to a new premises or separate lessor. Proper documentation of such cleaning and disinfection, as set forth in paragraph 14 of this Order, shall be kept.

 11. Any conveyance, vehicle, container or material originating in the Commonwealth of Pennsylvania and utilized to transport, deliver or distribute poultry, poultry waste, poultry manure or litter or live or unprocessed goods or products of poultry or any combination of those into another state shall be completely cleaned and disinfected, in the manner set forth in paragraph 13 of this Order, using commercial truck washing equipment or other equivalent cleaning and disinfecting equipment, and shall be free of visible accumulations of poultry waste, poultry manure, poultry litter and feathers prior to loading poultry in the Commonwealth of Pennsylvania. Proper documentation of such cleaning and disinfection, as set forth in paragraph 14 of this Order, shall be kept.

 12. Any conveyance, vehicle, container or material originating in the Commonwealth of Pennsylvania and utilized to pick up or load poultry, poultry waste, poultry manure or live or unprocessed goods or products of poultry or any combination of those from any premises in another state shall be completely cleaned and disinfected, in the manner set forth in paragraph 13 of this Order, using commercial truck washing equipment or other equivalent cleaning and disinfecting equipment, and shall be free of visible accumulations of poultry waste, poultry manure, poultry litter and feathers prior to leaving the Commonwealth of Pennsylvania. Proper documentation of such cleaning and disinfection, as set forth in paragraph 14 of this Order, shall be kept.

 13. With regard to conveyances and vehicles utilized, the entire vehicle and conveyance, including the inside floor boards and pedals, and all containers and materials shall be completely cleaned and disinfected using commercial truck washing equipment or other equivalent cleaning and disinfecting equipment. Where a vehicle or conveyance has been utilized to apply poultry manure or litter the entire vehicle, including the inside of the cab, and all parts of the conveyance or application device shall be cleaned and disinfected in the manner provided above. Proper documentation of such cleaning and disinfection, as set forth in paragraph 14 of this Order, shall be kept.

 14. A receipt from a commercial truck washing operation or documentation of the place and type of equivalent equipment utilized showing the date and time the vehicle, conveyance, containers and materials were cleaned and disinfected shall be kept by the owner or operator of the vehicle or conveyance and shall be available for inspection by the Department or Pennsylvania State Police. All such receipts shall be kept by the owner or operator of the vehicle or conveyance for a period of one month.

 15. Pursuant to its authority at section 2328 of the Domestic Animal Law (3 Pa.C.S.A. § 2328) the Department, ''In the performance of its duties require by this chapter . . . may at any time enter any premises or stop and detain any vehicle or conveyance...The department shall take appropriate biosecurity and safety measures to ensure that it does not allow dangerous transmissible disease . . . to spread as the result of its entry upon any premises or conveyance.''

 16. As established at section 2329(f) of the Domestic Animal Law (3 Pa.C.S.A. § 2329(f)(6)(7) and (8), it shall be unlawful for any person to bring into this Commonwealth any domestic animals, containers, goods, products, conveyances or materials that are the subject of an interstate or international quarantine order, to impede, hinder or interfere with the Department entering upon premises or elsewhere in the performance of duties under a quarantine order or to violate any provision of a quarantine order issued under the Domestic Animal Law. Any person violating any provision of this Order shall be subject to such penalties, including criminal and civil penalties and other civil remedies such as injunctive relief, as are allowed under the authority of the Domestic Animal Law.

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

 18. This Order shall be effective upon actual service or publication in the Pennsylvania Bulletin.

RUSSELL C. REDDING, 
Secretary

[Pa.B. Doc. No. 15-1544. Filed for public inspection August 21, 2015, 9:00 a.m.]


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