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PA Bulletin, Doc. No. 97-878

NOTICES

DEPARTMENT OF AGRICULTURE

General Quarantine Order

[27 Pa.B. 2650]

   The Department of Agriculture (Department) gives notice that on May 16, 1997, it established a general quarantine with respect to portions of Rapho, Penn, East Hempfield and West Hempfield Townships, in Lancaster County. The entire General Quarantine Order is set forth at Annex A.

   The General Quarantine Order was entered as a result of the presence of the H7N2 Avian Influenza virus in several poultry flocks within the quarantined area.

   This general quarantine is authorized under the Domestic Animal Law (3 Pa.C.S. §§ 2329(a) and (d)). Those same statutory provisions require the prompt publication of this notice.

   Further information may be obtained from the following source:  Sherbyn Ostrich, DVM, Acting Director, Bureau of Animal Health and Diagnostic Services, Department of Agriculture, 2301 North Cameron Street, Harrisburg, PA 17110-9408, (717) 783-6677.

CHARLES C. BROSIUS,   
Secretary

Annex A

GENERAL QUARANTINE ORDER

   Whereas, Avian Influenza is designated a ''Dangerous Transmissible Disease'' of animals under the Domestic Animal Law (3 Pa.C.S. §§ 2301--2389), at 3 Pa.C.S. § 2321(a)(6);

   Whereas, the H7N2 Avian Influenza virus poses a serious risk to the integrity of the Pennsylvania poultry industry and the economy of this Commonwealth;

   Whereas, the Pennsylvania Department of Agriculture has broad authority under the Domestic Animal Law to regulate the keeping and handling of domestic animals-such as poultry--to exclude or contain dangerous transmissible diseases;

   Whereas, the Pennsylvania Department of Agriculture has determined the H7N2 Avian Influenza exists in two Pennsylvania poultry flocks located in Rapho Township, Lancaster County, Pennsylvania;

   Whereas, the Pennsylvania Department of Agriculture has reasonable suspicion that poultry flocks in the vicinity of the aforedescribed poultry flocks--including poultry flocks in the townships of Rapho, Penn, West Hempfield and East Hempfield--have contracted or been exposed to the H7N2 Avian Influenza virus such that it is advisable to test these flocks;

   Whereas, the Pennsylvania Department of Agriculture deems it advisable to restrict movement of poultry that may have contracted or been exposed to H7N2 Avian Influenza, and impose other restrictions until the disease is eradicated in these poultry flocks or until testing confirms that the suspect poultry flocks have not contracted H7N2 Avian Influenza; and

   Whereas, the Domestic Animal Law allows (at 3 Pa.C.S. § 2329) for the establishment of a general quarantine under the circumstances described above.

   Now, Therefore, the Pennsylvania Department of Agriculture, pursuant to 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 a General Quarantine against portions of the Lancaster County Townships of Rapho, Penn, West Hempfield and East Hempfield, and imposes the following General Quarantine restrictions, requirements and conditions upon the portions of those townships described as follows (Quarantined Area):  The roughly rectangular area beginning at the intersection of Routes 501 and 30, thence in a westerly direction along Route 30 to its intersection with Route 23 thence in a westerly direction along Route 23 to the point where it crosses the confluence of Little Chickies Creek and Chickies Creek, thence in a northerly direction along the West bank of Little Chickies Creek to the point where it crosses Elizabethtown Road, thence in an easterly direction along Elizabethtown Road to its intersection with Newport Road, then in an easterly direction along Newport Road to its intersection with Brubaker Valley Road, thence in an easterly direction along Brubaker Valley Road to its intersection with Route 501, thence in a southerly direction along Route 501 to its intersection with Route 30, the place of beginning.

   1.  Live poultry and poultry products may not be moved to or from the Quarantined Area, or within the Quarantined Area, without a permit from the Pennsylvania Department of Agriculture issued in accordance with Paragraph 5 or 6 of this Order.

   2.  No live poultry from the Quarantined Area shall be transported to poultry shows, fairs and exhibitions and the exhibition and display of such live poultry is prohibited until further notice.

   3.  No truck and no coop, cage, crate or other conveyance may enter or leave a farm in the Quarantined Area for the purpose of removing eggs or live poultry unless that truck and/or the coops, cages, crates or other conveyances are in a sanitary condition. For the purpose of this Order, sanitary condition shall mean that the truck, coop, cage, crate or other conveyance of live poultry has been cleaned and disinfected prior to its arrival on the farm or, if originating on the farm, prior to its departure from the Quarantined Area and that egg packing materials must be new, unused or sanitized impervious materials. The operator of the truck shall have in his possession a copy of that record, including receipts for such service if performed commercially.

   4.  All poultry flocks, premises or areas located within the Quarantined Area known to be infected with Avian Influenza caused by type A H7N2 virus shall be placed under a Special Quarantine. It shall be unlawful for any owner or person, without a special permit in writing from an officer or agent of the Department of Agriculture, to sell, exchange, lease, lend, give away, allow to stray, remove or allow to be removed, any poultry or any poultry product, goods, materials, containers, vehicles, cars, conveyances or other article on property named or described in an order of quarantine.

   5.  Permits for interstate movement of poultry, poultry products and any other articles related to the production, marketing or disposal of those poultry products from flocks or premises in the Quarantined Area because of Avian Influenza shall comply with Part 81 of Title 9 of the Code of Federal Regulations and the requirements of the state of destination. Permit may be issued only by an official representative of the Pennsylvania Department of Agriculture.

   6.  Permits for intrastate movement of poultry, poultry products and other articles related to production, marketing or disposal of poultry products from flocks or premises in the Quarantined Area may be issued subject to the following restrictions.

   (a)  Poultry, poultry products and other articles infected with or contaminated by Type A H7N2 Avian Influenza virus may be moved only for the purpose of, and only directly to an approved site for sanitary disposal. Such movement shall be under the direct supervision of an official representative of the Department of Agriculture.

   (b)  Permit may be issued for movement of poultry and poultry products quarantined because of the presence of H7N2 influenza antibody if N7N2 influenza virus is not known to exist in the flock or on the premises.

   (1)  In the absence of clinical signs of influenza a permit may be issued for the movement of sanitized eggs.

   (2)  In the absence of clinical signs of influenza and if virus has not been found by culture of poultry and environment conducted by the Pennsylvania Department of Agriculture, a permit may be issued to move live poultry direct to slaughter.

   (3)  Disposal of dead poultry, eggs, refuse, litter and other potentially contaminated articles originating from the Quarantined Area shall be only according to instructions issued by the Department of Agriculture.

   (4)  Vehicles, equipment, coops, crates, cartons and other conveyances of poultry and poultry products and associated materials from the Quarantined Area shall be managed so as to prevent spread of Avian Influenza and shall be cleaned and disinfected prior to engaging in further transportation of any article upon public highways.

   7.  If a Special Quarantine is imposed under paragraph 4, it may be released when:

   (a)  All live poultry have been depopulated.

   (1)  All live poultry has been euthanized and disposed of according to protocol established and supervised by the Department of Agriculture, or

   (2)  All poultry has been removed by marketing at a Federally licensed slaughter, establishment after two attempts at 10 day intervals to culture virus from poultry, equipment, manure and buildings have been negative; and

   (b)  All poultry carcasses and parts thereof, eggs, litter, refuse have been properly disposed of; and

   (c)  The premises, buildings and equipment cleaned and disinfected and insect and rodent vectors have been eliminated in accordance with protocol established by the Department of Agriculture; and

   (d)  Culture swabs of the premises, buildings and equipment are H7N2 virus negative; and

   (e)  No live poultry are taken onto the premises until the quarantine is removed.

   8.  This General Quarantine may be removed when investigation, including laboratory testing of tissues and/or environmental samples reveals no evidence of H7N2 virus or antibody in the Quarantined Area and all special quarantines within the Quarantined Area have been removed.

   9.  Violation of quarantine may result in imposition of fines, revocation of permits and forfeiture of any right to indemnity from the Department of Agriculture for condemned poultry or other articles.

   10.  It shall be the duty of the consignor and the consignee of poultry and poultry product originating from poultry flocks in the Quarantined Area on request to submit designated specimens of poultry tissues for diagnostic purposes to the Department of Agriculture. It is also the duty of every person having knowledge of the existence of Avian Influenza in Pennsylvania to report that information to the Department of Agriculture.

   11.  This Order is adopted May 16, 1997, and is effective immediately and shall remain effective until further order of this Department.

   For purpose of this General Quarantine Order, poultry shall mean chicken, ducks, geese, turkeys, pigeons, chukars, guineas, exotic fowl, rattites and game birds raised in captivity.

[Pa.B. Doc. No. 97-878. Filed for public inspection May 30, 1997, 9:00 a.m.]


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