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PA Bulletin, Doc. No. 24-546

NOTICES

DEPARTMENT OF AGRICULTURE

Interstate Quarantine Order; Virus Control for Highly Pathogenic Avian Influenza for Live Bird Market and Breaker Eggs

[54 Pa.B. 2097]
[Saturday, April 20, 2024]

Recitals

 A. 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).

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

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

 D. Highly Pathogenic Avian Influenza (HPAI) is of particular concern to the entire Pennsylvania poultry industry as it may cause widespread loss of poultry, severely limit the market for Pennsylvania product and cause severe economic damage to the poultry industry in Pennsylvania.

 E. In February 2022 the United States Department of Agriculture (USDA) announced an outbreak of Highly Pathogenic Avian Influenza in a commercial poultry facility in the United States. Since then, additional outbreaks have been identified in commercial and backyard flocks in multiple states, including Pennsylvania. In total, 48 states and more than 82 million domestic birds have been affected to date.

 F. The USDA Highly Pathogenic Avian Influenza Response Plan (the ''Red Book'') includes principles to contain, control, and eradicate HPAI in the United States poultry population. These principles include controlling movement of poultry and poultry products through placement of Control Areas around infected poultry flocks, with testing and permitting requirements for poultry and poultry products moving within and out of Control Areas.

Order of Quarantine

 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), established the Interstate Quarantine Order; Virus Control for Highly Pathogenic Avian Influenza for Live Bird Market and Breaker Eggs (45 Pa.B. 3224) (Saturday, June 20, 2015) related to the dangerous transmissible disease Highly Pathogenic Avian Influenza.

 The USDA HPAI Response Plan standards for Control Areas and requirements for testing and permitting for movement of poultry and poultry products abrogates the need for the Interstate Quarantine Order; Virus Control for Highly Pathogenic Avian Influenza for Live Bird Market and Breaker Eggs (45 Pa.B. 3224) (Saturday, June 20, 2015).

 This Order repeals and rescinds the Interstate Quarantine Order; Virus Control for Highly Pathogenic Avian Influenza for Live Bird Market and Breaker Eggs (45 Pa.B. 3224) (Saturday, June 20, 2015).

 1. No Restriction on Further Action by the Department. This Quarantine 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.

 2. Contact information. Questions regarding this General Quarantine Order may be addressed 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 by email at RA-ahds@pa.gov.

 3. Effective Date. This Order is effective immediately upon publication in the Pennsylvania Bulletin and shall remain in effect unless rescinded or modified by subsequent order.

RUSSELL REDDING, 
Secretary

[Pa.B. Doc. No. 24-546. Filed for public inspection April 19, 2024, 9:00 a.m.]


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