NOTICES
DEPARTMENT OF AGRICULTURE
General Quarantine Order; Commonwealth of Pennsylvania Live Bird Market Poultry Testing Requirements
[51 Pa.B. 6616]
[Saturday, October 23, 2021]Recitals.
A. Avian influenza (AI) is a designated ''dangerous transmissible disease'' of animals under the provisions in the Domestic Animal Law (3 Pa.C.S.A. §§ 2301—2389), at 3 Pa.C.S.A. § 2321(a)(6) and is defined as an infectious disease of poultry caused by Type A influenza virus.
B. Certain Influenza A viruses, including but not limited to H5 and H7 subtypes, are known to be zoonotic and are considered by the Centers for Disease Control (CDC) to be of public health concern.
C. Avian influenza subtypes H5 and H7 are of particular concern due to their potential for developing into a virulent (highly pathogenic) form of the disease.
D. Influenza A subtype H2 is also of particular concern as it is known to be circulating in the Live Bird Marketing system (LBMS) in the Northeastern United States and appears to be adapting to infect gallinaceous species such as chickens, turkeys, and game birds as well as waterfowl.
E. Other subtypes of Influenza A are of growing concern because of recent outbreaks in poultry in other countries as well as for their zoonotic potential.
F. Avian influenza can be transmitted between poultry and by contaminated people, vehicles, equipment, and other fomites, as well as by aerosol.
G. Avian influenza has caused significant loss in the past to the Commonwealth of Pennsylvania poultry industry.
H. Avian influenza is of concern to the entire Commonwealth of Pennsylvania poultry industry and may severely limit the market for Pennsylvania product.
I. The Live Bird Marketing system in the Northeastern United States consists of a complex system of production flocks, Dealers/Haulers, auctions and Live Bird Markets. Commonwealth of Pennsylvania producers provide a large portion of the poultry which enters Live Bird Markets in the Northeastern states.
J. Poultry entering Live Bird Markets located in Northeastern states outside of the Commonwealth of Pennsylvania with an active Live Bird Marketing system are required to move as a Tested Flock or as an AI Monitored Flock in an effort to prevent poultry infected with Influenza A, particularly H5, H7, and H2 subtypes, from entering the markets and circulating throughout the Live Bird Marketing system.
K. The Commonwealth of Pennsylvania Initial State Response and Containment Plan (ISRCP) protocols outline response to all Influenza A identified in the Commonwealth of Pennsylvania and includes immediate quarantine of any premises on which Influenza A has been identified, including Live Bird Markets and epidemiologically linked flocks.
L. Per the ISRCP, if Influenza A is identified in poultry samples collected at a Commonwealth of Pennsylvania Live Bird Market, the market is placed under quarantine, and depending upon which virus subtype was identified, may be granted 72 hours to sell down poultry which are in the market at the time the quarantine was placed. No live poultry may leave the market. Following sell down, the market shall be cleaned and disinfected and pass a post-cleaning and disinfection inspection by officials. Environmental samples may be collected and tested at the discretion of the Department. If necessary, officials may require the cleaning and disinfection procedure to be repeated.
M. Live Bird Market closure due to quarantine may result in loss of income at all levels of the Live Bird Marketing system and may negatively affect the availability of product for consumers.
N. A requirement that allows only AI test-negative poultry to enter Commonwealth of Pennsylvania Live Bird Markets may reduce the risk of the introduction of AI into commercial poultry from the LBMS, enhance AI surveillance across the Commonwealth of Pennsylvania, and reduce the number of markets placed under quarantine and the negative effects of quarantine on the LBMS.
O. The Department, under the edicts established by section 2327 of the Domestic Animal Law (3 Pa.C.S.A. § 327) has the authority and duty to carry out disease surveillance and detection and more specifically to regularly monitor the domestic animal population of this Commonwealth to determine the prevalence and incidence of transmissible diseases or contamination by hazardous substances.
P. The Department, under the provisions set forth at section 2329 of the Domestic Animal Law (3 Pa.C.S.A. § 2329) (related to quarantine) has the authority to establish three different types of quarantine orders—Interstate and International, General, and Special. The Department may establish a Quarantine Order, ''Whenever a dangerous transmissible disease. . .exists anywhere within or outside of this Commonwealth, 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. . .so as to render future accurate testing for recent exposure of that domestic animal to that dangerous transmissible disease. . .impractical or impossible, the department shall have the power to establish and enforce quarantines of any such infected, exposed, contaminated, suspected or susceptible domestic animal. In addition, to the afordescribed domestic animals, a quarantine may apply to any goods, products, facilities, containers, vehicles or materials that may carry dangerous transmissible disease. . .and may be applied on or in or against any premises, area or locality as defined in this chapter.'' (3 Pa.C.S.A. § 2329(a)).
Order.
With the foregoing recitals incorporated into this Order by reference, the Pennsylvania Department of Agriculture under authority of the Domestic Animal Law, at 3 Pa.C.S.A. § 2329(d) and § 1702 of the Administrative Code of 1929 (71 P.S. § 442), hereby establishes a General Order of Quarantine (Quarantine Order) related to the dangerous transmissible disease Avian Influenza and with respect to health requirements for poultry entering a Commonwealth of Pennsylvania Live Bird Market. Compliance and assurance of compliance with the provisions and terms of this Quarantine Order shall be the responsibility of all persons, individuals, businesses, and entities subject to its terms. The terms of this Quarantine Order are as follows:
I. Quarantine Area. The area covered by this General Quarantine Order is the entire Commonwealth of Pennsylvania and shall be in effect until further order of the Department.
II. Definitions.
Avian influenza (AI)—A viral infection of birds including chickens, turkeys, guinea fowl, waterfowl, and other avian species caused by an Influenza A virus. Certain subtypes of AI can cause human disease, with most human cases occurring after direct contact with infected poultry. Wild waterfowl and shore birds are considered the natural reservoir for AI viruses. Morbidity and mortality rates generally depend on the pathogenicity type of the virus involved.
AI Monitored Flock—A flock enrolled in an AI Monitored Flock program and which meets the criteria for an AI Monitored Flock as provided in this Order.
Category II Accredited Veterinarian—A veterinarian approved by the USDA Administrator in accordance with the provisions of 9 CFR (Code of Federal Regulations) Requirements and Standards for Accredited Veterinarians and Suspension or Revocation of Such Accreditation § 161 to perform functions specified in 9 CFR for Category II animals (food and fiber animal species; horses; birds; farm-raised aquatic animals; all other livestock species; and zoo animals that can transmit exotic animal diseases to livestock).
Certified Poultry Technician—An individual who has been specifically trained in poultry health monitoring and specimen collection by the state in which they are certified, who is included on an official list of technicians certified by the state in which they are licensed or certified to perform inspections and sample collections, and whose state certification program has been approved by the Pennsylvania Department of Agriculture.
Cleaning and disinfection—Two procedures that may help eliminate virus from a premises or conveyance, container, or material. Cleaning requires the removal of gross contamination, organic material, and debris from the premises or respective structures, via mechanical means like sweeping (dry cleaning) and/or the use of water and soap or detergent (wet cleaning) to minimize the remaining organic material. Disinfection follows cleaning and is the application of disinfection methods on surfaces to destroy or eliminate viable virus (virus elimination) through physical (e.g., heat) or chemical (e.g., disinfectant with the proper concentration and contact time) means.
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 or any other object coming into contact with potentially infected domestic animals, materials, persons or conveyances.
Conveyance—An automobile, truck, trailer, wagon or other vehicle used in the transportation of, or in contact with, live or dead domestic animals, animal waste or domestic animal products or by-products, or containers and materials.
Dealer—A person that buys, receives, sells, exchanges, negotiates or solicits the sale, resale, exchange or transfer of domestic animals or dead domestic animals for the purpose of transfer of ownership or possession to a third party.
Established Flock—Poultry of the same species or multiple species held together on one premises for at least 21 consecutive days; or at the discretion of the State Veterinarian, any flock or group of poultry on one premises that has been segregated and maintained in a biosecure manner from another flock or group for at least 21 consecutive days. The flock or group of poultry shall be kept separate and apart from all other poultry of AI-infected, AI-exposed or unknown AI status.
Flock—All poultry in the same environment, under the same biosecurity and management programs, or on the same premises.
Hauler—A person responsible for the transportation of domestic animals or dead domestic animals into, within or from this Commonwealth, but the term shall not be construed to mean any of the following:
(1) A person who transports a domestic animal which he owns or raises under contract on behalf of a third party between farms which that person owns or operates.
(2) A person who transports a domestic animal from a farm which he owns or operates to a location where ownership or possession is to be transferred to another.
(3) A person who transports a domestic animal which he has purchased or taken possession of at another location from the point of purchase or possession to a farm which that person owns or operates.
(4) A person who transports a domestic animal which he owns or raises under contract on behalf of a third party to and from places of exhibition.
(5) A person who transports a domestic animal which he owns or raises under contract on behalf of a third party to a slaughter or processing facility.
Interstate Health Certificate or Certificate of Veterinary Inspection (ICVI)—An official document issued by a federal, state, tribal, or accredited veterinarian certifying that the animals identified on the document have been inspected and were found to satisfy the requirements pertaining to their intended movement—within the same state, between states, or internationally.
Live Bird Market (LBM)—Any person, premises, or business that receives, gathers, or purchases live poultry to be displayed for sale, sold and slaughtered onsite for a customer, or sold to customers for ritual use.
Live Bird Marketing System (LBMS)—The LBMS includes Live Bird Markets and associated production and distribution systems.
NAHLN—National Animal Health Laboratory Network.
NVSL—National Veterinary Services Laboratories.
PCR—Polymerase Chain Reaction.
Person—A natural person, entity, corporation, partnership or association of any type.
Poultry—Domesticated fowl, including chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl, and game birds, except doves and pigeons, which are bred for the primary purpose of producing eggs or meat, or as otherwise defined in Title 9 of the Code of Federal Regulations (9 CFR) under Chapter I, Subchapter G, Parts 145 and 146 of the National Poultry Improvement Plan (NPIP).
Poultry Inspection Certificate (PIC)—An official document provided by the Department and issued by federal, state, tribal, or accredited veterinarians or certified poultry technicians certifying that the poultry being moved to a Live Bird Market meet the requirements for movement. A PIC is specific to either a Tested Flock or an AI Monitored Flock.
Ritual—A ceremonial act or action.
Tested flock—A poultry flock that has been established for a minimum of 21 days with no contact with other poultry and no poultry were added to the flock during that time, and from which 30 birds three weeks of age and older and representative of the flock are randomly sampled and tested negative for AI by a certified poultry technician, category II accredited veterinarian or an authorized Department or USDA employee, and pursuant to a test approved by USDA and performed by a NAHLN Laboratory, within the 10 days prior to the date of movement as a Tested Flock and meets the requirements published in this order. The day after the date of sample collection is considered to be ''day one.''
Test Report—A report that contains AI test results obtained from official tests conducted at a NAHLN laboratory and identifying information about the tested poultry and the source premises.
USDA—United States Department of Agriculture.
VI—Virus Isolation.
III. General Provisions.
(a) Live Bird Market Registration and Certification. A LBM located in the Commonwealth of Pennsylvania shall be registered with the Department and shall operate under one of the following two LBM certification options established under this General Quarantine Order:
(1) Tested Live Bird Market. Enrollment as a Tested Live Bird Market is mandatory for all Live Bird Markets not enrolled with the Department as an Untested Live Bird Market. A LBM enrolled with the Department as a Tested Live Bird Market shall adhere to all of the following requirements:
(i) The LBM shall register with the Department as a Tested Live Bird Market, allowing it to receive poultry so long as it complies with all applicable provisions of this Quarantine Order.
(ii) The Tested Live Bird Market shall receive, sell, custom slaughter or any combination of such activities, poultry which originate from a current Tested Flock or an AI Monitored Flock.
(iii) The Tested Live Bird Market shall receive only poultry that are accounted for on a PIC or ICVI which states that the poultry identified on the document originate from a current Tested Flock or an AI Monitored Flock; and test dates, test results, and accession numbers shall be included on the document.
(iv) The poultry shall not be comingled prior to movement from the flock of origin or at any time during movement with untested poultry or poultry not otherwise meeting the requirements of this Quarantine Order.
(v) The Tested Live Bird Market shall sell down all poultry on the premises at minimum on a quarterly basis to allow for cleaning and disinfection, followed by inspection by the Department. The Tested Live Bird Market shall not receive poultry during this period until cleaning and disinfection have been completed and the Department has given them a passing inspection. Proper documentation of cleaning and disinfection, to include at minimum the date cleaning and disinfecting was completed, and the disinfectant used, shall be maintained for a minimum of two years and shall be made available to the Department upon request.
(vi) The Tested Live Bird Market shall allow the Department to enter onto the premises during regular business hours and conduct inspections to ensure compliance with this Quarantine Order.
(vii) No person shall deliver poultry to a Tested Live Bird Market and the Tested Live Bird Market shall not accept poultry unless:
(A) The poultry is from a Tested Flock or an AI Monitored Flock.
(B) The poultry delivered is accompanied by a completed PIC or ICVI to be retained by the Dealer/Hauler or other person delivering the poultry, or if direct sale, by the consignor.
(C) The poultry delivered is accompanied by a final test report with negative or not-detected test results for Avian influenza to be retained by the Dealer/Hauler or other person delivering the poultry, or if direct sale, by the consignor.
(D) The poultry delivered is accompanied by an invoice which shall, at minimum, meet the following requirements:
(aa) Include a description of all poultry, including type, age, species, and color, and quantity of the poultry moved into the market on that date.
(bb) Include the name, address, and telephone number of the consignor if direct sale, or the Dealer/Hauler or other person from which the poultry were purchased.
(cc) Include the date each group of poultry entered the LBM.
(dd) Include a statement that ''All poultry are tested negative for Avian Influenza.''
(viii) Records maintained by the Tested Live Bird Market for all poultry purchased by the Tested Live Bird Market shall include, at minimum, an invoice from the person delivering poultry. All records shall be maintained by the Tested Live Bird Market for a period of two years and be made available to the Department upon request.
(ix) If a Tested Live Bird Market owner, employee, or designee picks up or transports poultry to the Tested Live Bird Market directly from the source premises, the Tested Live Bird Market and the consignor are required to maintain all records, including the PIC or ICVI, the negative final laboratory report, and a copy of the invoice.
(x) If a Tested Live Bird Market owner, employee, or designee picks up or transports poultry to the Tested Live Bird Market directly from another Dealer/Hauler, the source Dealer/Hauler is responsible for maintaining all records, including the PIC or ICVI, the negative final laboratory report, and a copy of the invoice. The Tested Live Bird Market is required to maintain a copy of the invoice.
(xi) The person delivering poultry to the Tested Live Bird Market shall maintain all the records required by this Quarantine Order, to include an invoice, a final laboratory report, and a PIC or ICVI for each group of poultry delivered for a minimum of two years and such records shall be made available to the Department upon request.
(xii) The Tested Live Bird Market shall not receive poultry exhibiting clinical signs of illness or with a non-negative or detected avian influenza test result.
(xiii) Poultry moving into a Tested Live Bird Market shall not include poultry from a flock to which poultry was added after sample collection and before movement.
(xiv) A live bird market enrolled as a Tested Live Bird Market shall only be allowed to enroll as an Untested Live Bird Market with written approval of the Department and after a successful quarterly closure has been completed.
(xv) Non-compliance: If a violation of the Tested Live Bird Market standards of this Quarantine Order occurs:
(A) At the discretion of the Department, the Tested Live Bird Market shall be quarantined and shall be required to sell down all poultry within 72 hours, complete a cleaning and disinfection, and pass a post-cleaning and disinfection inspection by the Department. Proper documentation of cleaning and disinfection, to include at minimum the date cleaning and disinfecting was completed, and the disinfectant used, shall be maintained for a minimum of two years and shall be made available to the Department upon request.
(B) At the discretion of the Department, environmental samples shall be collected by the Department and the quarantine shall not be released until virus detection ''not detected'' results are reported.
(C) Falsification of testing records or knowingly marketing poultry untested for AI as Tested Poultry shall result in the Tested Live Bird Market immediately being quarantined and the LBM shall be required to sell down all poultry within 72 hours, complete a cleaning and disinfection, and pass a post-cleaning and disinfection inspection by the Department. Environmental samples shall be collected by the Department and the quarantine shall not be released until ''not detected'' virus isolation results are reported. The LBM shall remain empty of poultry pending test results. Cleaning and disinfection shall be repeated as necessary until environmental samples yield virus isolation results of ''not detected.'' Proper documentation of cleaning and disinfection, to include at minimum the date cleaning and disinfecting was completed, and the disinfectant used, shall be maintained for a minimum of two years and shall be made available to the Department upon request.
(D) At the discretion of the Department, as determined by the severity of the non-compliance, the Tested Live Bird Market may be reclassified as an Untested Live Bird Market.
(2) Untested Live Bird Market. Enrollment as an Untested Live Bird Market is mandatory for all Live Bird Markets not enrolled as a Tested Live Bird Market. A LBM enrolled with the Department as an Untested Live Bird Market shall adhere to all of the following requirements:
(i) The LBM shall register with the Department as an Untested Live Bird Market, allowing it to receive poultry so long as it complies with all applicable provisions of this Quarantine Order.
(ii) The Untested Live Bird Market shall not receive poultry exhibiting clinical signs of illness or with a non-negative or detected avian influenza test result.
(iii) The Untested Live Bird Market shall not contain live poultry for more than five consecutive days. By the conclusion of five consecutive days, the Untested Live Bird Market shall have sold for ritual purposes or slaughtered all remaining poultry. Live poultry shall not be returned to the source. The Untested Live Bird Market shall be empty of live poultry for the subsequent 48-hour period. During that 48-hour period the portion of the premises utilized for the LBM business shall be cleaned and disinfected and allowed to dry. Under no circumstances may the Untested Live Bird Market repopulate with live poultry during that 48-hour period. Proper documentation of cleaning and disinfection, to include at minimum the date cleaning and disinfecting was completed, and the disinfectant used, shall be maintained for a minimum of two years and shall be made available to the Department upon request.
(iv) The Untested Live Bird Market shall allow the Department to enter onto the premises during regular business hours and conduct inspections to ensure compliance with this Quarantine Order.
(v) No person shall deliver poultry to a Untested Live Bird Market and the Untested Live Bird Market shall not accept poultry unless the poultry delivered is accompanied by an invoice, which shall contain all of the following information:
(A) A description, including at minimum the type, age, species, color and quantity of the poultry moved into the market on that date.
(B) Include the name, address, and telephone number of the consignor if direct sale, or the Dealer/Hauler or other person from which the poultry were purchased.
(C) The date each group of poultry entered the LBM.
(vi) Records maintained by the Untested Live Bird Market shall include, at minimum, an invoice for all poultry purchased by the Untested Live Bird Market from the person delivering poultry. All records shall be maintained by the Untested Live Bird Market for a period of two years and made available to the Department upon request.
(vii) If an Untested Live Bird Market owner, employee, or designee picks up or transports poultry to the Untested Live Bird Market, the Untested Live Bird Market is required to maintain the invoice. The consignor is also responsible for maintaining all records, including a copy of the invoice.
(viii) The person delivering poultry to the Untested Live Bird Market shall maintain all the records required by this Quarantine Order, to include an invoice for each group of poultry delivered for a minimum of two years and such records shall be made available to the Department upon request.
(ix) For an Untested Live Bird Market in compliance with this Quarantine Order to become certified as a Tested Live Bird Market, the LBM may enroll immediately following a successful post-cleaning and disinfection inspection after a 48-hour closure.
(x) Non-Compliance. If a violation of the Untested Live Bird Market standards of this Quarantine Order occurs:
(A) At the discretion of the Department, the Untested Live Bird Market shall be quarantined and shall be required to sell down all poultry within 72 hours, complete a cleaning and disinfection, and pass a post-cleaning and disinfection inspection by the Department. Proper documentation of cleaning and disinfection, to include at minimum the date cleaning and disinfecting was completed, and the disinfectant used, shall be maintained for a minimum of two years and shall be made available to the Department upon request.
(B) At the discretion of the Department, environmental samples shall be collected by the Department and the quarantine shall not be released until ''not detected'' virus isolation results are reported.
(C) Introduction of live poultry during the 48-hour empty period shall result in the immediate sell down or slaughter of all live poultry within 24 hours and the collection of environmental samples by the Department. The quarantine shall not be released until ''not detected'' virus isolation results from the environmental sample testing are reported.
(b) AI Monitored Flocks: To be certified as an AI Monitored Flock, a flock shall meet the following requirements:
(1) Qualify as an established flock (as defined).
(2) Swab or blood samples, or both, from 30 birds (poultry), three weeks of age and older shall be collected for testing between 21 and 30 days after the previous collection. The date of sample collection is considered to be ''day zero.''
(3) The 30 birds selected for testing shall be selected randomly by the certified poultry technician or category II accredited veterinarian who sampled the flock and shall be representative of the flock (birds of testing age tested from all pens and houses on the premises).
(4) The first test shall be conducted within 30 days of placement except for the following:
(i) For serology, blood collection from silkies and other small breeds of chickens may be delayed until the birds are six to eight weeks of age.
(ii) For serology, blood collection from guineas, chukars, and quail may be delayed until the birds are five to six weeks of age.
(iii) Eggs from gallinaceous poultry may be substituted for blood samples for testing by AGID only at the discretion of the receiving State.
(5) A flock shall test negative or not-detected, pursuant to a test approved by USDA and performed by a NAHLN Laboratory, for three consecutive months before it is considered an AI Monitored Flock in good standing. When new birds are added to a premises containing an AI Monitored Flock, the added birds shall come from an AI Monitored Flock in order for that status to be maintained. Birds from the newly expanded flock shall be tested at least once together between 21 and 30 days as an AI Monitored Flock before moving into the LBMS as an AI Monitored Flock.
(6) In order to maintain AI Monitored Flock Status, added chicks shall come directly from an NPIP AI Clean hatchery and the flock to which the chicks are added shall be tested at least once together between 21 and 30 days as an AI Monitored Flock before moving into the LBMS as an AI Monitored Flock.
(7) Any breaks in required monthly testing shall result in a loss of AI Monitored Flock status and any flock moving to a Tested Live Bird Market shall be moved meeting the Tested Flock requirements as described in this order in the interim. To requalify for AI Monitored Flock status, the AI Monitored Flock status procedure shall start anew.
(8) If any AI Monitored Flock has a ''detected'' virus detection test (PCR or VI) for AI, confirmed at NVSL, there is a loss of AI Monitored Flock status. To requalify for AI Monitored Flock status, the AI Monitored Flock status procedure shall start anew.
(9) Flock owners shall maintain records pertaining to the flock. The records shall include at a minimum for each flock and for each separate addition to the flock the sources of birds (name, owner, address and contact information), dates of additions to the flock, dates and results of testing, and other records as established under the current version of the ''Prevention and Control of H5 and H7 Avian influenza in the Live Bird Marketing System Uniform Standards'' such as may be necessary to monitor compliance with this program. The records shall be maintained by the flock owner for two years, and such records shall be made available to the Department upon request.
(c) Tested Flocks: To be certified as a Tested Flock, a flock shall meet the following requirements:
(1) Qualify as an established flock (as defined).
(2) Swab or blood samples, or both, from 30 birds (poultry), three weeks of age and older shall be collected and tested for AI.
(3) The 30 birds selected for testing shall be selected randomly, by the certified poultry technician or category II accredited veterinarian who sampled the flock, and shall be representative of the flock (birds of testing age tested from all pens and houses on the premises) and tested negative for AI by an official and appropriate test approved by USDA, within the 10 days prior to the date of movement as a Tested Flock. No poultry may be added to or have contact with this flock after sample collection and before movement. If the flock contains fewer than 30 birds, all birds of age within the flock must be tested.
(4) Records shall be maintained for the flock as follows:
(A) Records of date of flock establishment, and flock inventory on that date shall be maintained.
(B) Records to demonstrate that no poultry has been added to the flock in the past 21 days shall be maintained.
(C) Records shall be maintained for a minimum of two years and shall be made available to the Department upon request.
(d) No poultry showing signs of illness shall be moved into a LBM located in the Commonwealth of Pennsylvania.
(e) The licensed Dealer/Hauler, person required to be a licensed Dealer/Hauler, or other person delivering or picking up poultry shall meet all of the following requirements for conveyances, containers, materials or material utilized to transport, deliver, pick up or distribute poultry, (hereinafter ''Devices''):
(1) Comply with the standards established in the Department's ''Interstate and General quarantine Order; Virus Control for Highly Pathogenic Avian Influenza Vehicle, Container and Material Standards'' (45 Pa.B 4930, 2015).
(2) Devices shall be free of visible accumulations of manure and feathers prior to entry onto a poultry operation premises to load poultry.
(3) Devices shall be cleaned and disinfected using commercial truck washing equipment or equivalent cleaning and disinfecting equipment after LBM deliveries and prior to returning to a premises where poultry is housed.
(4) Proper documentation of such cleaning and disinfection, to include at minimum the location of the wash facility, date cleaning and disinfecting was completed, and the disinfectant used, shall be maintained for a minimum of two years and shall be made available to the Department upon request.
(f) All poultry being sold from a LBM located in the Commonwealth of Pennsylvania shall be custom slaughtered or slaughtered under USDA inspection for the customer at the market unless being sold for ritual purposes.
(g) Live poultry shall not leave the LBM unless to be used for ritual purposes, and poultry shall not be resold or transferred after leaving a LBM alive except to a state or federally inspected slaughter establishment.
(h) All poultry leaving a LBM alive shall be slaughtered within 7 days.
(i) Live poultry leaving a LBM and leaving the Commonwealth shall not be brought back into the Commonwealth.
(j) Poultry that have been unloaded from the transport vehicle at a LBM, located in the Commonwealth or any other state, shall not be moved from that LBM to any LBM in the Commonwealth.
(k) No person shall maintain a poultry flock on the same premises as a LBM located in the Commonwealth of Pennsylvania.
(l) All poultry shall be slaughtered or sold for ritual purposes, as per section III. (f) of this quarantine order, within 10 days after arriving at a LBM located in the Commonwealth of Pennsylvania.
(m) When required, a Poultry Inspection Certificate, on a form provided by the Department, shall be filled out by a certified poultry technician or category II accredited veterinarian who sampled the source flock. The poultry inspection certificate shall include:
(1) Flock information, including:
(i) The state of origin of the poultry.
(ii) The flock federal premises identification number.
(iii) The name and phone number of the flock owner/manager.
(iv) The address of the premises on which the flock is located at the time of sampling.
(v) The quantity, type, weight, color, age, and other descriptors of all poultry maintained on the premises of origin at the time of sampling that qualify for movement. This description must match that which is included on the final laboratory report.
(2) Testing information, including:
(i) Verification that the flock identified on the Poultry Inspection Certificate meets the definition of a Tested Flock or AI Monitored Flock.
(ii) The AI Monitored Flock number as assigned by the State of origin, if applicable.
(iii) The sample collection date.
(iv) The laboratory accession number for the AI testing.
(v) The certificate expiration date as determined by the sample collection date.
(3) Tester certification, including:
(i) Certification that thirty birds in the flock, selected randomly to provide a representative sample of the entire flock, were sampled.
(ii) Certification that the tester inspected the entire flock and no clinical signs of disease were observed in any of the birds in the flock.
(iii) Certification that the birds were negative or ''not detected'' on samples submitted for AI testing.
(4) Tester signature and date of signature.
(5) Tester printed name.
(6) Tester phone number.
(7) Verification that the tester is a state or federal official, category II accredited veterinarian, or authorized tester (poultry technician certified and licensed to collect samples for AI testing).
(8) Flock owner/manager certification, including:
(i) Flock owner/manager certification that the flock identified on the Poultry Inspection Certificate meets the definition of a Tested Flock or AI Monitored Flock.
(ii) Flock owner/manager signature and date of signature.
(iii) Flock owner/manager printed name.
(n) All poultry imported into the Commonwealth of Pennsylvania shall meet all import requirements required under the Department's regulations at Title 7 of the Pennsylvania Code (accessible through the following web site address: www.pacode.com), and the 2019 Interstate/International Quarantine Order; Avian Influenza (49 Pa.B. 3630).
(o) Criminal and civil penalties. The Department may impose those criminal and civil penalties specifically established at section 2383 of the Domestic Animal Law (3 Pa.C.S.A. § 2383) for any violation of the provisions of this Order.
(p) Civil remedy. In addition to any other action or remedy sought, the Department may seek any civil remedy, as specifically established at section 2386 of the Domestic Animal Law (3 Pa.C.S.A. § 2386), for any violation of the provisions of this Order.
(q) This Order shall not be construed as limiting the Department's authority to establish additional requirements for poultry for entry into the Live Bird Markets located in the Commonwealth of Pennsylvania or to limit any authority the Department possesses under the Domestic Animal Law or any other Act or Law administered by the Department.
(r) This Order shall be effective 120 days after publication in the Pennsylvania Bulletin and shall remain in effect unless rescinded or modified by subsequent order or addendum.
(s) Contact information. Questions regarding this General Quarantine Order may be directed to the Commonwealth of Pennsylvania Department of Agriculture Bureau of Animal Health, 2301 North Cameron Street, Harrisburg, PA 17110 or by telephone at 717-772-2852, or email at RA-ahds@pa.gov.
RUSSELL C. REDDING,
Secretary
[Pa.B. Doc. No. 21-1758. Filed for public inspection October 22, 2021, 9:00 a.m.]
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