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DEPARTMENT OF AGRICULTURE

Interstate Quarantine Order; Importation Requirements for Virus Control for Virulent or Exotic Newcastle Disease

[49 Pa.B. 936]
[Saturday, March 2, 2019]

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(c)), the Department hereby establishes an Interstate Quarantine Order related to the shipment of poultry and poultry products from states where Virulent or Exotic Newcastle Disease has been detected, there is reasonable suspicion it exists or it has been confirmed, into the Commonwealth of Pennsylvania.1

 B. This Interstate Quarantine Order is established to address Virulent or Exotic Newcastle Disease. These viruses are easily spread within poultry, and are communicable to humans.

 C. Newcastle Disease 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).

 D. 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.

 E. Virulent or Exotic Newcastle Disease has caused significant, wide-spread loss to the poultry industry in states in which it has been detected and confirmed.

 F. Virulent or Exotic Newcastle Disease is of 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.

 G. The Domestic Animal Law allows, at 3 Pa.C.S.A. § 2329(c), for an Interstate Quarantine Order to be established for any place or places outside of the Commonwealth where a dangerous transmissible disease has been reported or exists, 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. In addition, a quarantine order may apply to goods, products, facilities, containers, vehicles or materials that may carry a dangerous transmissible disease or be contaminated with a hazardous substance.

Order.

 In consideration of the previous recitals, and with those recitals incorporated into this Order by reference, the Department hereby establishes an Interstate Quarantine under authority of the Domestic Animal Law, at 3 Pa.C.S.A § 2329(c), and section 1702 of The Administrative Code of 1929 (71 P.S. § 442). The following are the conditions and requirements of this Interstate Quarantine Order:

 1. Quarantine Area. The area covered by this Interstate Quarantine Order is the entire Commonwealth, all poultry premises in the Commonwealth and all states in which Virulent or Exotic Newcastle Disease has been detected, there is a reasonable suspicion it exists or it has been confirmed

 2. Applicability. The terms of this Order are applicable to the Quarantine Area.

 3. Poultry. For purposes of this Order, poultry shall include chickens, turkeys, waterfowl and any other species of bird and their eggs that may contract or harbor Virulent or Exotic Newcastle Disease virus.

 4. No poultry from any county of a state where Virulent or Exotic Newcastle Disease has been detected, there is reasonable suspicion it exists or it has been confirmed in the last 12 months may be shipped into the Commonwealth of Pennsylvania, either directly, through a dealer, via another state or by any other means unless such poultry shall have complied with and met the standards established in paragraph 5 of this Order.

 5. Poultry moving into the Commonwealth of Pennsylvania from any county of a state where Virulent or Exotic Newcastle Disease has been detected, there is reasonable suspicion it exists or it has been confirmed in the last 12 months shall only be allowed into the Commonwealth under the following circumstances:

 a. All poultry moving into the Commonwealth of Pennsylvania shall meet the seventy-two hour testing, paperwork and reporting requirements as established in subsections b and c. of this paragraph 5.

 b. The poultry moving into the Commonwealth of Pennsylvania shall originate from a flock in which a minimum of thirty (30) birds, three (3) weeks of age or older, were tested negative on cloacal swabs for waterfowl or oropharyngeal/tracheal swabs for other species for Newcastle Disease, Avian Paramyxovirus-1, or Virulent or Exotic Newcastle Disease by virus isolation or polymerase chain reaction (PCR) at a participating National Animal Health Laboratory Network facility. The date of sample collection shall be within seventy-two hours prior to the date of entry into Pennsylvania by a Category II accredited veterinarian, state or federal animal health official, or a licensed certified poultry technician. If there are fewer than 30 birds in the flock, all birds shall be tested. No untested birds shall have been added to the flock after sample collection and prior to entry into Pennsylvania. For birds or eggs from birds which shall be tested using virus isolation, the seventy-two hour period for entry into Pennsylvania will begin when virus isolation results are reported from the laboratory.

 c. The poultry and hatching eggs of poultry being imported into Pennsylvania to meet the requirements of this Quarantine Order shall be documented on one of the following forms: a NPIP 9-3 (or equivalent) form, an Owner Endorsed Avian International Health Statement or a Certificate of Veterinary Inspection (CVI). The testing laboratory name and test accession number(s) shall be included on the NPIP 9-3 (or equivalent) form, Owner Endorsed Avian International Health Statement or CVI. A copy of the NPIP 9-3 (or equivalent) form, Owner Endorsed Avian International Health Statement or CVI including the testing laboratory name and test accession number and a copy of the laboratory report shall also be sent to PDA (Pennsylvania Department of Agriculture, Bureau of Animal Health and Diagnostic Services, 2301 North Cameron Street, Harrisburg, PA 17110) within seven days after shipment. If poultry or hatching eggs are shipped in containers through the USPS, Federal Express, United Parcel Service or by any other courier, the 9-3 (or equivalent) form, the Owner Endorsed Avian International Health Statement or CVI shall be affixed to the outside of the container and shall be clearly visible and legible.

 d. Eggs shall be moved using only containers which have been thoroughly cleaned and disinfected. The source flock of birds that contributed to the egg shipment shall also meet the testing requirement in paragraph 5(b) and paperwork requirement in paragraph 5(c).

 6. Poultry three (3) weeks of age and older, imported into the Commonwealth, shall meet all other import requirements required under the Department's regulations available through http://www.agriculture.pa.gov/.

 7. Contact information regarding this Interstate Quarantine Order is to the Commonwealth of Pennsylvania, 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.

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

 9. This Order shall be effective upon actual service or publication in the Pennsylvania Bulletin.

RUSSELL C. REDDING, 
Secretary

[Pa.B. Doc. No. 19-295. Filed for public inspection March 1, 2019, 9:00 a.m.]

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1  As of the date of this Notice establishing the Interstate Quarantine Order, Virulent or Exotic Newcastle Disease has been detected or confirmed in California (Los Angeles, Riverside, San Bernardino, and Ventura Counties) and Utah (Utah County); the status of these states and others is subject to change.



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