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DEPARTMENT OF AGRICULTURE

Interstate/International and General Quarantine Order; Virus Control for Highly Pathogenic Avian Influenza Poultry at Competitions, Shows, Fairs and Exhibitions

[47 Pa.B. 1857]
[Saturday, April 1, 2017]

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) and 2329(d)), the Pennsylvania Department of Agriculture (Department) hereby establishes a General Quarantine Order related to poultry and poultry products, including eggs, at the annual Pennsylvania Farm Show and competitions, shows, fairs and exhibitions within the Commonwealth of Pennsylvania which receive funding pursuant to the Pennsylvania Agricultural Fair Act (Act of July 8, 1986, P.L. 437, No. 92) (3 P.S. § 1501 et seq.)

 B. This 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(a).

 D. The Department has broad authority under the Domestic Animal Law to establish and enforce quarantine orders, with regard to any infected, exposed, contaminated, suspected or susceptible domestic animal, whenever a dangerous transmissible disease exists 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 contacted 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.

 E. Avian Influenza, including the current virulent strains of Highly Pathogenic Avian Influenza, may be transferred and spread through the movement of poultry, eggs, and products of poultry.

 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. Poultry and poultry products, including eggs, are susceptible to Highly Pathogenic Avian Influenza and the dangerous transmissible disease may be spread through exposure to such poultry and poultry products. The transportation of, display or exhibition of poultry, poultry products, including eggs, materials contacting poultry, containers, conveyances and goods at competitions, shows, fairs, exhibitions and other venues within the Commonwealth has the potential to transfer and spread Highly Pathogenic Avian Influenza.

Order.

 In consideration of the previous recitals, and with those 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.A § 2329(a) and (d), and section 1702 of The Administrative Code of 1929 (71 P.S. § 442). The following are the conditions and requirements of this General Quarantine Order:

 1. Pennsylvania Poultry, Waterfowl, Upland Game Birds, Ratites, and Pigeons/doves:

 All Pennsylvania poultry, including chickens, turkeys, waterfowl, and upland game bird being brought onto the premises or displayed or exhibited at the annual Pennsylvania Farm Show or any competitions, shows, fairs, exhibitions or other such venues, within the Commonwealth of Pennsylvania which receive funding pursuant to the Pennsylvania Agricultural Fair Act (Act of July 8, 1986, P.L. 437, No. 92) (3 P.S. § 1501 et seq.) must bear an official Department-issued leg band. Ratites must be identified with a neck band or an electronic implant device (the exhibitor must supply a reader). Pigeons and doves must bear a unique individual identification leg band but do not have to be identified with an official Department-issued leg band. Beginning June 1, 2018, all Pennsylvania poultry, including chickens, turkeys, waterfowl, and upland game birds, must bear an official Department-issued butt-end leg band except for exemptions at the discretion of the Department.

 2. Out of State Poultry, Waterfowl, Upland Game Birds, Ratites, and Pigeons/doves:

 Beginning June 1, 2018, all poultry entering Pennsylvania, from another state or country, including chickens, turkeys, waterfowl and upland game birds, being brought onto the premises or displayed or exhibited at the annual Pennsylvania Farm Show or any competitions, shows, fairs, exhibitions or other such venues, within the Commonwealth of Pennsylvania which receive funding pursuant to the Pennsylvania Agricultural Fair Act (Act of July 8, 1986, P.L. 437, No. 92) (3 P.S. § 1501 et seq.) must bear an official leg band issued by the state or country of origin. Ratites must be identified with a neck band or an electronic implant device (the exhibitor must supply a reader). Pigeons and doves must bear a unique individual identification leg band but do not have to be identified with an official leg band issued by the state or country of origin.

 3. Quarantine Area and Term. 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.

 4. Applicable definitions:

Poultry—For purposes of this Order, poultry shall include, chickens, turkeys, waterfowl, upland game birds, pigeons/doves and any other commercial species of bird, including gallinaceous birds and ratites, of any age, that may contract or harbor Avian Influenza virus, but shall exclude processed poultry purchased at wholesale for cooking and re-sale for human consumption.

Poultry products—For purposes of this Order shall include eggs, unprocessed dead poultry, feathers or other parts of poultry, items made from poultry or poultry parts, but shall exclude those items purchased at wholesale for cooking and re-sale for human consumption.

RUSSELL C. REDDING, 
Secretary

[Pa.B. Doc. No. 17-532. Filed for public inspection March 31, 2017, 9:00 a.m.]



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