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DEPARTMENT OF AGRICULTURE

Interstate/International Quarantine Order; Avian Influenza

[49 Pa.B. 3630]
[Saturday, July 13, 2019]

Recitals.

 A. Avian influenza is an infectious disease of poultry.

 B. 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)(6).

 C. The Pennsylvania Department of Agriculture (PDA) 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.

 D. Avian influenza has caused significant loss in the past to the Pennsylvania poultry industry.

 E. Avian influenza is of particular concern to the entire Pennsylvania poultry industry and may severely limit the market for Pennsylvania product.

 F. Avian influenza subtypes H5 and H7 are of particular concern due to their potential for developing into a virulent (highly pathogenic) form of disease.

 G. Avian influenza exists, or is suspected to exist, outside this Commonwealth.

 H. All poultry and hatching eggs of poultry entering PA must come from a flock meeting the testing requirements outlined in this order and the testing requirements for Pullorum-typhoid and other Dangerous Transmissible Diseases as required under PDA's regulations at Title 7 of the Pennsylvania Code (accessible through the following web site address: www.pacode.com) and under the Domestic Animal Law (3 Pa.C.S. §§ 2301—2389), at 3 Pa.C.S. § 2321(d)) including all applicable Orders of Quarantine (accessible through the following website address: www.agriculture.pa.gov).

 I. A flock shall consist of birds which have been together without untested additions for 21 days.

 J. The Domestic Animal Law allows (at 3 Pa.C.S.A. § 2329(c)) for the establishment of an Interstate/International Quarantine under the circumstances described above.

 K. Any person accepting poultry or hatching eggs in violation of the testing and records provisions of this Order is in violation of this Order.

 L. Pursuant to that authority, PDA issued its initial Interstate/International Quarantine Order addressing avian influenza on January 24, 2006. In the course of implementing and administering this initial Order, PDA determined the need to refine the conditions of quarantine; and issued a February 7, 2008, March 16, 2009, July 1, 2012, and a revised January 5, 2013 Interstate/International Quarantine Order to supplant and rescind its initial Order.

 M. PDA has again determined the need to refine the conditions of quarantine. Specifically, PDA seeks to further clarify the requirements for testing and documentation applicable to importation of poultry and hatching eggs of poultry into Pennsylvania.

Order.

 PDA enters an Interstate/International Quarantine Order, incorporating the foregoing recitals. This order is entered under authority of the Domestic Animal Law (at 3 Pa.C.S.A. § 2329) and § 1702 of the Administrative Code of 1929 (71 P.S. § 442), and establishes the following quarantine restrictions with respect to the shipment of live poultry and other avian species into the Commonwealth of Pennsylvania:

 1. For purposes of this Order, the term ''poultry'' includes all domesticated fowl, including chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl, and game birds (domesticated fowl such as pheasants, partridge, quail, grouse, and guineas, but not doves and pigeons), or as otherwise defined under subpart A of the current version of the National Poultry Improvement Plan (NPIP) and Auxiliary Provisions, and shall be 3 weeks of age or older.

 2. Poultry and hatching eggs of poultry shall only be allowed into the Commonwealth under one of the following circumstances:

 a. The poultry and hatching eggs of poultry originate from a flock that participates in the current version of the National Poultry Improvement Plan and Auxiliary Provisions ''U.S. Avian Influenza Clean'' or ''U.S. H5/H7 Avian Influenza Clean'' program and the shipment is accompanied by a USDA form 9-3 form (Report of Sales of Hatching Eggs, Chicks, or Poults) or equivalent form. If poultry or hatching eggs are shipped in containers through the United States Postal Service (USPS), Federal Express, United Parcel Service (UPS), or by any other courier, the 9-3 (or equivalent) form must be affixed to the outside of the container and must be clearly visible and legible; or

 b. The poultry and hatching eggs of poultry originate from a flock in which a minimum of thirty (30) birds, three (3) weeks of age or older, were tested negative for avian influenza by a National Animal Health Laboratory Network (NAHLN) laboratory. For gallinaceous birds such as chickens, turkeys, ostriches, emus, rheas, cassowaries, and game birds, serology is permitted OR virus isolation or real-time reverse-transcriptase polymerase chain reaction (RRT-PCR) testing of oropharyngeal or tracheal swab samples shall be performed. RRT-PCR testing of cloacal swab samples is accepted for testing of domestic waterfowl species such as ducks and geese, as specified by the National Veterinary Services Laboratory. For non-domesticated waterfowl, virus isolation testing of cloacal swab samples shall be performed. The date of sample collection must be within the thirty (30) days prior to the date of entry into Pennsylvania. If there are fewer than thirty (30) birds in the flock, all birds of age must be tested as described above for that bird type. Samples must be collected by a USDA Category II Accredited Veterinarian, a Certified Poultry Technician, or a State or Federal official or their designees. No untested poultry shall have been added to the flock after sample collection and before entry into Pennsylvania.

 c. All poultry and hatching eggs of poultry being imported into Pennsylvania which are not being moved on a NPIP 9-3 (or equivalent) form must be accompanied by an Owner Endorsed Avian Interstate/International Health Statement, or a Certificate of Veterinary Inspection (CVI) issued by a USDA Category II Accredited Veterinarian. The testing laboratory name, test accession number(s), and a statement indicating negative test results must be included on the statement or CVI. If poultry or hatching eggs are shipped in containers through the United States Postal Service (USPS), Federal Express, United Parcel Service (UPS), or by any other courier, a copy of the Owner Endorsed Avian Interstate/International Health Statement or CVI must be affixed to the outside of the container and must be clearly visible and legible. A copy of the Owner Endorsed Avian Interstate/International Health Statement or CVI and the laboratory test report including negative test results must also be sent to PDA within the seven (7) days after the date of shipment.

 d. If a flock is serologically positive, poultry and hatching eggs from that flock may be imported only if the flock is determined to be free of virus by virtue of a negative virus detection test. This test must be performed by an approved NAHLN laboratory. A minimum of one hundred and fifty (150) birds from the flock must be tested. If there are fewer than 150 birds in the flock, all birds of age must be tested by the approved test described for that bird type. For gallinaceous birds such as chickens, turkeys, ostriches, emus, rheas, cassowaries, and game birds, virus isolation or RRT-PCR testing of oropharyngeal or tracheal specimens shall be performed. RRT-PCR testing of cloacal swab samples is accepted for testing of domestic waterfowl species, such as ducks and geese, as specified by the National Veterinary Services Laboratory. For non-domesticated waterfowl, virus isolation testing of cloacal swabs shall be performed. The date of sample collection must be within the thirty (30) days prior to the date of entry into Pennsylvania. Samples must be collected by a USDA Category II Accredited Veterinarian, a Certified Poultry Technician, or a State or Federal official or their designees. No untested poultry shall have been added to the flock after sample collection and before entry into Pennsylvania.

 3. Poultry three (3) weeks of age and older and hatching eggs of poultry, imported into the Commonwealth, shall meet all other import requirements required under PDA's regulations at Title 7 of the Pennsylvania Code (accessible through the following web site address: www.pacode.com) and under the Domestic Animal Law (3 Pa.C.S. §§ 2301—2389, at 3 Pa.C.S. § 2321(d)) including all applicable Orders of Quarantine (accessible through the following website address: www.agriculture.pa.gov).

 4. Chickens, turkeys, ostriches, emus, rheas, cassowaries, game birds, other gallinaceous birds, domestic waterfowl and other water birds (swimming or wading birds) three (3) weeks of age and older which are destined to be pet birds (non-agricultural purposes) or destined to be part of a zoological or menagerie collection and their hatching eggs, and non-domesticated birds destined for domestication, confinement, or intended for release shall only be allowed into the Commonwealth under one of the following circumstances:

 a. The birds and hatching eggs originate from a flock in which a minimum of thirty (30) birds (or the entire flock if it consists of fewer than 30 birds), three (3) weeks of age or older, were tested negative for avian influenza by virus detection testing. Alternatively, these birds may be tested individually for import (no flock of origin test requirement). Samples must be collected by a USDA Category II Accredited Veterinarian, a Certified Poultry Technician, or a State or Federal official or their designees. The test shall be performed by an approved NAHLN laboratory.

 b. RRT-PCR testing or virus isolation testing for avian influenza is accepted for testing of chickens, turkeys, ostriches, emus, rheas, cassowaries, game birds, other gallinaceous birds, and domestic waterfowl species such as ducks and geese as specified by the National Veterinary Services Laboratory. For non-domesticated water birds (swimming or wading birds), virus isolation testing of cloacal swabs shall be performed. The date of sample collection must be within the thirty (30) days prior to the date of entry into Pennsylvania. Hatching eggs may originate from individually tested birds or from a flock tested as required by this Order.

 c. These birds and hatching eggs must be accompanied by an Owner Endorsed Avian Interstate/International Health Statement, or a Certificate of Veterinary Inspection (CVI) issued by a USDA Category II Accredited Veterinarian. The testing laboratory name, test accession number(s), and a statement indicating negative test results must be included on the statement or CVI. A copy of the Owner Endorsed Avian Interstate/International Health Statement or CVI and the laboratory test report including negative test results must also be sent to PDA within the seven (7) days after the date of shipment. If any birds or hatching eggs are shipped in containers through the USPS, Federal Express, United Parcel Service, or by any other courier, the Owner Endorsed Avian Interstate/International Health Statement or CVI must be affixed to the outside of the container and must be clearly visible and legible.

 5. Chickens, turkeys, ostriches, emus, rheas, cassowaries, game birds, other gallinaceous birds, domestic waterfowl and non-domesticated water birds (swimming or wading birds) three (3) weeks of age and older which are destined to be pet birds (non-agricultural purposes) or destined to be part of a zoological or menagerie collection and their hatching eggs; and all non-domesticated birds three (3) weeks of age and older and hatching eggs destined for domestication, confinement, or intended for release shall meet all other import requirements required under PDA's regulations at Title 7 of the Pennsylvania Code (accessible through the following web site address: www.pacode.com) and under the Domestic Animal Law (3 Pa.C.S. §§ 2301—2389), at 3 Pa.C.S. § 2321(d)) including all applicable Orders of Quarantine (accessible through the following website address: www.agriculture.pa.gov).

 6. All other imported avian species, including pet psittacine and passerine birds and hatching eggs, must be accompanied by an Owner Endorsed Avian Interstate/International Health Statement, or a Certificate of Veterinary Inspection (CVI) issued by a USDA Category II Accredited Veterinarian. A copy of the Owner Endorsed Avian Interstate/International Health Statement or CVI must also be sent to PDA within the seven (7) days after the date of shipment. If birds or hatching eggs are shipped in containers through the USPS, Federal Express, United Parcel Service, or by any other courier, the Owner Endorsed Avian Interstate/International Health Statement or CVI must be affixed to the outside of the container and must be clearly visible and legible. Avian influenza testing is not required for these types of birds or hatching eggs.

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

 8. This Order is effective upon publication in the Pennsylvania Bulletin, and supplants the referenced Interstate/International Quarantine Order of January 5, 2013.

RUSSELL C. REDDING, 
Secretary

[Pa.B. Doc. No. 19-1056. Filed for public inspection July 12, 2019, 9:00 a.m.]



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