DAR File No. 37248

Agriculture and Food, Animal Industry

Rule R58-6

Poultry

Notice of Proposed Rule

(Repeal and Reenact)

DAR File No.: 37248
Filed: 02/01/2013 02:11:30 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Department of Agriculture and Food is repealing and reenacting Rule R58-6 because of the significant changes made to the rule.

Summary of the rule or change:

Repeals and reenacts Rule R58-6 with the following: 1) the new Section R58-6-1 covers authority (Section 4-31-119) and intent and does not include the reference to Section 4-29-1 from the current rule; 2) the new Section R58-6-2 covers all the definitions used in rule and does not include the section language used in the current rule; 3) the new Section R58-6-3 covers the importation requirements for eggs and poultry and identification requirements and does not include the section title and language used in the current rule; 4) the new Section R58-6-4 covers the quarantine and handling of diseased poultry within the State of Utah and does not include the section title and language used in the current rule; 5) the new Section R58-6-5 covers the requirements of applying for and duties of an individual that acts as poultry dealer and does not include the section title and language used in the current rule; 6) the new Section R58-6-6 covers the requirements of applying for and duties of an individual that operates a poultry hatchers and does not include the section title and language used in the current rule; 7) the new Section R58-6-7 covers the release of gamebirds into the wild and the prohibition of live bird markets in the State of Utah and does not include the section title and language used in the current rule; 8) the new Section R58-6-8 covers the requirements to participate in the National Poultry Improvement Plant (NPIP) and does not include the section title and language used in the current rule; and 9) does not include the current Section R58-6-9.

State statutory or constitutional authorization for this rule:

• Title 4, Chapter 31
• Subsection 4-2-2(1)(c)(i)
• Subsection 4-2-2(1)(j)

This rule or change incorporates by reference the following material:

• Adds 9 CFR Subchapter G, Parts 145-147, published by U.S. Government Printing Office, 01/01/2013

Anticipated cost or savings to:

the state budget:

Changes to Rule R58-6 will not change the budgetary requirements for the Department of Agriculture and Food. Rule R58-6 will add a minimal amount to the general fund by an increase in the collection of fees from those persons licensing as poultry dealers and those that operate poultry hatcheries.

local governments:

There is hope that the new rule will actually decrease the public health expenditures of local health departments by decreasing the poultry acquired enteric disease in humans.

small businesses:

This rule will affect those individuals that are required to be licensed as poultry dealers and those that operate poultry hatcheries. The license fees will be kept to a minimum. The only other costs to these individuals will be minimal cost for printing of material and to provide hand washing materials.

persons other than small businesses, businesses, or local governmental entities:

This rule change will not affect any other entities other than those individual businesses listed under "Small businesses" above.

Compliance costs for affected persons:

Compliance costs for both poultry dealers and individuals that operate hatcheries include printing costs of those they have printed for distribution to the purchasers of the poultry. Poultry dealers will also be required to provide signage and hand washing materials anytime they display poultry to the public.

Comments by the department head on the fiscal impact the rule may have on businesses:

The changes to Rule R58-6 will have minimal impact on businesses. The changes are being required in an effort to reduce the incidence of enteric diseases in humans as the result of handling recently purchased baby poultry. This rule change was presented to the Agricultural Advisory board on 01/22/2013 and was approved.

Leonard M. Blackham, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Animal Industry
350 N REDWOOD RD
SALT LAKE CITY, UT 84116-3034

Direct questions regarding this rule to:

• Kyle Stephens at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at kylestephens@utah.gov
• Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov
• Wyatt Frampton at the above address, by phone at 801-538-7165, by FAX at 801-538-7169, or by Internet E-mail at wframpton@utah.gov
• Bruce King at the above address, by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet E-mail at bking@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/18/2013

This rule may become effective on:

03/25/2013

Authorized by:

Leonard Blackham, Commissioner

R58. Agriculture and Food, Animal Industry.

R58-6. Poultry.

[R58-6-1. Authority.

Promulgated under authority of Section 4-29-1.

 

R58-6-2. Definition of Poultry.

Domesticated fowl, including chickens, turkeys, waterfowl, ratites, and game birds, except doves and pigeons, which are bred for the primary purpose of producing eggs or meat.

 

R58-6-3. Certificate of Veterinary Inspection.

All poultry and hatching eggs entering Utah must have a Certificate of Veterinary Inspection or a National Poultry Improvement Plan Certificate and an entry permit; except birds for immediate slaughter consigned directly to a licensed slaughtering establishment. For an entry permit, this number may be called during business hours: (801) 538-7164.

 

R58-6-4. Pullorum-Typhoid Rating for Imported Poultry.

A. No poultry, hatching eggs or baby chicks shall be brought, shipped, or otherwise introduced into the State of Utah by any person, individual or corporation that does not originate from flocks or hatcheries that have a Pullorum-Typhoid Clean rating given by the official state agency of the National Poultry Improvement Plan (NPIP) of the state or country of origin, or

B. Poultry entering Utah from a flock or hatchery which does not have a clean rating through NPIP certification must have been tested negative for Salmonella Pullorum, Mycoplasma gallisepticum (MG),M. synoviae (MS), M. meleagridis (MM), within the last 30 days.

 

R58-6-5. Boxes, Crates and Containers.

Poultry or chicken boxes, crates and containers shall be new or disinfected before being used to move replacement birds into the State of Utah, except birds of the same and known health status as the previous shipment, and identified with a label cooperating in National Poultry Improvement Plan.

 

R58-6-6. Import Permit.

No permit shall be issued for importation until the Utah Department of Agriculture and Food receives responsible and complete information from the consignor that the birds to be imported would not present a disease hazard to Utah flocks.

 

R58-6-7. Quarantine of Diseased Poultry.

The Commissioner may quarantine diseased poultry, whenever any infectious or contagious diseases have been identified. The quarantine notice shall be posted in a conspicuous place on the outside of the coops and premises.

A. The coops and surroundings must be maintained in a sanitary condition.

B. No live poultry shall under any circumstances be removed from the quarantined coop or premises, except under permit from the State Department of Agriculture and Food or its authorized representative.

C. All dead birds shall be destroyed by burning or by being placed in a pit properly constructed for disposal of dead birds.

D. The attendant shall wear rubber footwear which shall be disinfected in a disinfectant recognized by U.S. Department of Agriculture each time before leaving the infected coops.

E. All crates, utensils or other paraphernalia used around the infected coops shall be thoroughly cleaned and disinfected before being removed from the infected premises; except egg cases and those are to be handled in such manner as may be designated by the attending veterinarian.

F. Truck drivers are forbidden to enter quarantined premises personally or with trucks.

G. No visitors will be allowed on infected premises.

H. All droppings and litter shall be buried or burned or thoroughly disinfected before being removed from the premises.

I. Vaccination shall be done by or under the direction of an accredited veterinarian only.

J. The quarantine shall be in effect until withdrawn by the Commissioner of Agriculture and Food or his designated agent.

 

R58-6-8. Cleaning and Disinfecting Feed Bags, Crates, etc.

A. Bags used for poultry feeds, mashes, etc., shall, before being filled at the mill or mixing plant, be cleaned and disinfected. All filth or litter shall be removed from them and the bags then disinfected with a disinfectant recognized by United States Department of Agriculture 9 CFR 1, 147.23, 24, and 25, January 1, 2001, edition.

B. Crates or other containers used for the transportation of poultry by any poultry producer or anyone buying and selling or otherwise transporting poultry shall be properly scraped, cleaned and disinfected with a disinfectant recognized by United States Department of Agriculture, 9 CFR 1, 147.23, 24, 25, January 1, 2001, edition, each time after being used.

 

R58-6-9. Handling or Disposal of Poultry Droppings and Litter.

A. Poultry houses and yards shall be maintained in a sanitary condition. All droppings and litter shall be cleaned regularly and disposed of either by hauling away and scattering over farm lands, or by burying or burning.

B. In case it is not practical to dispose of the droppings and litter regularly in the above manner, they shall be placed outside the coops and properly screened with fine mesh wire which will protect it from flies until it can be disposed of as provided in this rule.]

R58-6-1. Authority.

(1) Promulgated under authority of Section 4-31-119.

(2) It is the intent of this rule to prevent and control disease in poultry in the state of Utah.

 

R58-6-2. Definitions.

(1) "Administrator' means the Administrator of the United States Department of Agriculture, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator.

(2) " Authorized agent" means a person designated to collect official samples for submission to an authorized laboratory.

(3) " Authorized laboratory" means a laboratory that meets the requirements of the United States Department of Agriculture, Animal and Plant Health Inspection Service and is thus qualified to perform testing required to determine classification of poultry and to test for avian pathogens.

(4) " Authorized testing agent" means a person designated to collect official samples for submission to an authorized laboratory and to perform the stained antigen, rapid whole blood test for pullorum-typhoid.

(5) " Avian influenza" means a n infection or disease of poultry caused by viruses in the family Orthomyxoviridae, genus Influenzavirus A.

(6) "Baby poultry" means newly hatched poultry (chicks, poults, ducklings, goslings, keets, etc.).

(7) "Dealer" means a n individual or business that deals in commerce in hatching eggs, newly-hatched poultry, and started poultry obtained from breeding flocks and hatcheries.

(8) "Department" means the Utah Department of Agriculture and Food.

(9) "Exposed (Exposure)" mean contact with birds, equipment, personnel, supplies, or any article infected with, or contaminated by, communicable poultry disease organisms.

(10) "Flock" means all of the poultry on one farm.

(11) "Flock-based number system" means a flock-based number system which combines a flock identification number (FIN) with a producer's unique livestock production numbering system to provide a nationally unique identification number for an animal.

(12) "Flock identification number (FIN)" means a nationally unique number assigned by a State, Tribal, or Federal animal health authority to a group of animals that are managed as a unit on one or more premises and are under the same ownership.

(13) " Fowl typhoid or typhoid" means a disease of poultry caused by Salmonella Gallinarum.

(14) "Group/lot identification number (GIN)" means a identification number used to uniquely identify a "unit of animals" of the same species that is managed together as one group throughout the preharvest production chain.

(15) "Hatchery" means hatchery equipment on one premises operated or controlled by any person for the production of baby poultry.

(16) "Infected flock' means a flock in which an authorized laboratory has discovered one or more birds infected with a communicable poultry disease.

(17) "License" means a license issued by the Department to individuals that sell hatching eggs or poultry.

(18) "Live bird market" means a temporary facility or site that receives live poultry to be resold or slaughtered and sold on-site, not including any producer or grower that prior to the sale of his own birds slaughters or processes them on-site or at an approved slaughter facility or any producer or grower that sells live birds grown exclusively on his premises.

(19) "Multiplier breeding flock" means a flock that is intended for the production of hatching eggs used for the purpose of producing progeny for commercial egg or meat production or for other nonbreeding purposes.

(20) "National Poultry Improvement Plan (NPIP)" means a cooperative industry, state, and federal program through which new diagnostic technology can be effectively applied to the improvement of poultry and poultry products.

(21) "Person" means an individual, association, partnership, government agency, or corporation, or any agent of the foregoing.

(22) "Poultry" means d omesticated fowl, including chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl, game birds, doves and pigeons, which are bred for the primary purposes of producing eggs or meat or for exhibition or sport.

(23) "Premises identification number (PIN)" means a nationally unique number assigned by a State, Tribal, and/or Federal animal health authority to a premises that is, in the judgment of the State, Tribal, and/or Federal animal health authority a geographically distinct location from other premises.

(24) "Primary breeding flock" means a flock composed of one or more generations that is maintained for the purpose of establishing, continuing, or improving parent lines.

(25) "Public exhibition" means a public show of poultry.

(26) "Pullorum" mean a disease of poultry caused by Salmonella Pullorum.

(27) "Reactor" means a bird that has a positive reaction to a test for any poultry disease.

(28) "Sanitize" means t o treat with a product which is registered by the Environmental Protection Agency as germicidal, fungicidal, pseudomonocidal, or tuberculocidal, in accordance with the specifications for use as shown on the label of each product.

(29) "Started poultry" means young poultry (chicks, pullets, cockerels, capons, poults, ducklings, goslings, keets, etc.) that have been fed and watered and are less than 6 months of age.

(30) "State Inspector" means any person employed or authorized to perform functions under the National Poultry Improvement Plan.

(31) "Stock" means a term used to identify the progeny of a specific breeding combination within a species of poultry. These breeding combinations may include pure strains, strain crosses, breed crosses, or combinations thereof.

(32) "Strain" means poultry breeding stock bearing a given name produced by a breeder through at least five generations of closed flock breeding.

(33) "Succeeding flock" means a flock brought onto a premises during the 12 months following removal of an infected flock.

(34) "Suspect flock" means a flock that has been exposed to a communicable poultry disease.

 

R58-6-3. Importation of Poultry or Hatching Eggs.

(1) All poultry and hatching eggs being imported into Utah must meet the following requirements:

(a) All poultry and hatching eggs must have an import permit from the Department.

(b) All poultry and hatching eggs entering Utah must have a Certificate of Veterinary Inspection or a National Poultry Improvement Plan Certificate.

(c) All poultry and hatching eggs shall originate from flocks or hatcheries that have a Pullorum-Typhoid Clean rating given by the official state agency of the National Poultry Improvement Plan (NPIP) of the state, or

(d) All poultry entering Utah from a flock or hatchery which does not have a clean rating through NPIP certification must have been tested negative for pullorum-typhoid within the last 30 days.

(2) All poultry being imported into Utah must be officially identified with one of the following:

(a) A sealed and numbered band which has the flock-based number system printed on the band; or

(b) The birds are moved under a Group/lot identification number (GIN).

 

R58-6-4. Quarantine of Diseased Poultry.

(1) The Commissioner of Agriculture or his designated agent may quarantine diseased poultry, whenever any infectious or contagious diseases have been identified.

(2) The quarantine notice shall be posted in a conspicuous place on the outside of the coops and premises.

(3) The coops and surroundings must be maintained in a sanitary condition.

(4) No live poultry shall under any circumstances be removed from the quarantined coop or premises, except under permit from the Department.

(5) All dead birds shall be destroyed by burning or by being placed in a pit properly constructed for disposal of dead birds.

(6) The attendant shall wear rubber footwear which shall be disinfected in a disinfectant recognized by U.S. Department of Agriculture each time before leaving the infected coops.

(7) All crates, utensils or other paraphernalia used around the infected coops shall be thoroughly cleaned and disinfected before being removed from the infected premises; except egg cases and those are to be handled in such manner as may be designated by the attending veterinarian.

(8) Truck drivers are forbidden to enter quarantined premises personally or with trucks.

(9) No unauthorized visitors will be allowed on infected premises.

(10) All droppings and litter shall be buried or burned or thoroughly disinfected before being removed from the premises.

(11) Vaccination shall be done by or under the direction of an accredited veterinarian only.

(12) The quarantine shall be in effect until withdrawn by the Commissioner of Agriculture or his designated agent.

 

R58-6-5. Poultry Dealer License.

(1) No dealer may sell baby or started poultry at a fixed location or via the internet unless they are first licensed by the Department.

(2) A poultry dealer does not hatch or sell eggs.

(3) Individuals selling less than 20 birds a year are exempt from licensure.

(4) Each location in which poultry are sold from must be licensed separately on an annual basis.

(5) Any person desiring a license to sell baby or started poultry shall apply to Department.

(a) Such application for a license will be made on a department form for a Poultry Dealer License.

(b) The number of birds sold the previous year at that location must be recorded on the form.

(c) A fee based on the approved Department fee schedule must be paid prior to license issuance.

(6) Licensees must keep records for the calendar year of where poultry were purchased.

(7) The area where the poultry are kept should be clean and appropriate for the type and age of the poultry.

(8) Poultry care and handling should conform to recognized husbandry practices.

(9) All individuals purchasing poultry should receive written information on handling poultry safely to prevent human illness.

(10) If poultry are housed in a public area, there must be signage that provides information on handling poultry safely to prevent human illness and hand cleaning materials must be provided.

 

R58-6-6. Hatchery License.

(1) No person may hatch or sell hatching eggs as well as sell baby or started poultry unless they are first licensed with the Department, unless, hatching eggs are for personal use only.

(2) Any person desiring a license to hatch or sell hatching eggs as well as sell baby or started poultry shall apply to Department.

(a) Such application for a license will be made on a department form for a Hatchery License.

(b) The number of eggs and birds sold the previous year at that location must be recorded on the form.

(c) A fee based on the approved Department fee schedule must be paid prior to license issuance.

(3) Licensees must keep records for the calendar year of whom the eggs or birds were sold to.

(a) Name, physical address, and telephone number as well as number and types of eggs or poultry purchased should be kept for each purchase.

(4) The area where the poultry are kept should be clean and appropriate for the type and age of the poultry.

(5) Poultry care and handling should conform to recognized husbandry practices.

(6) All individuals purchasing eggs or poultry should receive written information on the handling of poultry safely to prevent human illness.

 

R58-6-7. Release of Gamebirds and Prohibition of Live Bird Markets.

(1) No person may release gamebirds into the wild unless the birds originate from a NPIP Pullorum-Typhoid Clean facility or are tested negative for pullorum-typhoid.

(2) Live bird markets are prohibited in the State of Utah to reduce the spread of avian diseases in the state.

 

R58-6-8. National Poultry Improvement Plan .

(1) Participation

(a) Any person producing or dealing in products may participate in the Plan when they have demonstrated, to the satisfaction of the Department, that their facilities, personnel, and practices are adequate for carrying out the applicable provisions of the Plan, and have signed an agreement with the Department to comply with the general and the applicable specific provisions of the Plan and any regulations of the Department.

(b) A participant in the plan shall participate with all of their poultry hatching egg supply flocks and hatchery operations.

(c) They shall report to the Official State Agency on VS Form 9-2 or through other appropriate means each breeding flock before the birds reach 24 weeks of age or, in the case of ostriches, emus, rheas, cassowaries, before the birds reach 20 months of age. This report will include:

(i) Name and address of flockowner;

(ii) Flock location and designation;

(iii) Type: Primary or Multiplier;

(iv) Breed, variety, strain, or trade name of stock;

(v) Source of males;

(vi) Source of females;

(vii) Number of birds in the flock; and

(viii) Intended classification of flock.

(d) No person shall be compelled by the Department to qualify products for any of the other classifications as a condition of qualification for the U.S. Pullorum-Typhoid Clean classification.

(e) Participation in the Plan shall entitle the participant to use the Plan emblem.

(2) General provisions for all participants.

(a) Records of purchases and sales and the identity of products handled shall be maintained in a manner satisfactory to the Department.

(b) Products, records of sales and purchase of products, and material used to advertise products shall be subject to inspection by the Department at any time.

(c) Except as provided by this paragraph, participants in the Plan may not buy or receive products for any purpose from nonparticipants unless they are part of an equivalent program, as determined by the Department.

(d) Participants in the Plan may buy or receive products from flocks that are neither participants nor part of an equivalent program, for use in breeding flocks or for experimental purposes, under the following conditions only:

(i) With the permission of the Department and the concurrence of the USDA; and

(ii) By segregation of all birds before introduction into the breeding flock.

(iii) Upon reaching sexual maturity, the segregated birds must be tested and found negative for pullorum-typhoid. The Department may require a second test at its discretion.

(e) Each participant shall be assigned a permanent approval number by the USDA.

(i) This number, prefaced by the numerical code of the State, will be the official approval number of the participant and may be used on each certificate, invoice, shipping label, or other document used by the participant in the sale of his products.

(ii) The approval number shall be withdrawn when the participant no longer qualifies for participation in the Plan.

(3) Specific provisions for participating flocks.

(a) Poultry equipment, and poultry houses and the land in the immediate vicinity thereof, shall be kept in sanitary condition.

(b) The participating flock, its eggs, and all equipment used in connection with the flock shall be separated from nonparticipating flocks, in a manner acceptable to the Department.

(c) All flocks shall consist of healthy, normal individuals characteristic of the breed, variety, cross, or other combination which they are stated to represent.

(d) A flock shall be deemed to be a participating flock at any time only if it has qualified for the U.S. Pullorum-Typhoid Clean classification.

(e) Each bird shall be identified with a sealed and numbered band obtained through or approved by the Department.

(4) Specific provisions for participating hatcheries.

(a) Hatcheries must be kept in sanitary condition, acceptable to the Department. The minimum requirements with respect to sanitation include the following:

(i) Egg room walls, ceilings, floors, air filters, drains, and humidifiers should be cleaned and disinfected at least two times per week.

(ii) Incubator room walls, ceilings, floors, doors, fan grills, vents, and ducts should be cleaned and disinfected after each set or transfer.

(iii) Incubator rooms should not be used for storage.

(iv) Egg trays and buggies should be cleaned and disinfected after each transfer.

(v) Hatcher walls, ceilings, floors, doors, fans, vents, and ducts should be cleaned and disinfected after each hatch.

(vi) Hatcher rooms should be cleaned and disinfected after each hatch and should not be used for storage.

(vii) Chick/poult processing equipment and rooms should be thoroughly cleaned and disinfected after each hatch.

(viii) Chick/poult boxes should be cleaned and disinfected before being reused.

(ix) Vaccination equipment should be cleaned and disinfected after each use.

(x) Hatchery residue, such as chick/poult down, eggshells, infertile eggs, and dead germs, should be disposed of promptly and in a manner satisfactory to the Department.

(xi) The entire hatchery should be kept in a neat, orderly condition and cleaned and disinfected after each hatch.

(xii) Effective insect and rodent control programs should be implemented.

(b) A hatchery that keeps started poultry must keep such poultry separated from the incubator room in a manner satisfactory to the Department.

(c) All baby and started poultry offered for sale under Plan terminology should be normal and typical of the breed, variety, cross, or other combination represented.

(d) Eggs incubated should be sound in shell, typical for the breed, variety, strain, or cross thereof and reasonably uniform in shape.

(e) Hatching eggs should be trayed and the baby poultry boxed with a view to uniformity of size.

(f) Any nutritive material provided to baby poultry must be free of the avian pathogens.

(g) If a person is responsibly connected with more than one hatchery, all of such hatcheries must participate in the Plan if any of them participate. A person is deemed to be responsibly connected with a hatchery if he or she is a partner, officer, director, holder, owner of 10 percent or more of the voting stock, or an employee in a managerial or executive capacity.

(5) Specific provisions for participating dealers.

(a) Dealers in poultry breeding stock, hatching eggs, or baby or started poultry shall comply with all provisions in this section which apply to their operations.

(6) Terminology and classification; general.

(a) The official classification terms and the various designs illustrative of the official classifications may be used only by participants and to describe products that have met all the specific requirements of such classifications.

(b) Products produced under the Plan shall lose their identity under Plan terminology when they are purchased for resale by or consigned to nonparticipants.

(c) Participating flocks, their eggs, and the baby and started poultry produced from them may be designated by their strain or trade name.

(d) When a breeder's trade name or strain designation is used, the participant shall be able by records to substantiate that the products so designated are from flocks that are composed of either birds hatched from eggs produced under the direct supervision of the breeder of such strain, or stock multiplied by persons designated and so reported by the breeder to the Department.

(7) Terminology and classification; hatcheries and dealers.

(a) Participating hatcheries and dealers shall be designated as "National Plan Hatchery" and "National Plan Dealer", respectively.

(b) The Department shall be notified by the USDA of additions, withdrawals, and changes in classification.

(8) Terminology and classification; flocks and products.

(a) Participating flocks, products produced from them that have met the requirements of a classification in this part may be designated as:

(i) U.S. Pullorum-Typhoid Clean,

(ii) U.S. M. Gallisepticum Clean,

(iii) U.S. Sanitation Monitored,

(iv) U.S. M. Synoviae Clean,

(v) U.S. M. Meleagridis Clean,

(vi) U.S. Sanitation Monitored, Turkeys,

(vii) U.S. S. Enteritidis Clean,

(viii) U.S. Salmonella Monitored,

(ix) U.S. M. Gallisepticum Monitored,

(x) U.S. M. Synoviae Monitored,

(xi) U.S. Avian Influenza Clean, or

(xii) U.S. H5/H7 Avian Influenza Clean.

(9) Supervision.

(a) The Department may designate qualified persons as Authorized Agents to do the sample collecting provided for in this section and may designate qualified persons as Authorized Testing Agents to do the sample collecting and blood testing provided for in this section.

(b) The Department shall employ or authorize qualified persons as State Inspectors to perform the qualification testing of participating flocks, and to perform the official inspections necessary to verify compliance with the requirements of the Plan.

(c) Authorities issued under the provisions of this section shall be subject to cancellation by the Department on the grounds of incompetence or failure to comply with the provisions of the Plan or regulations of the official State agency.

(i) Such actions shall not be taken until a thorough investigation has been made by the Department and the authorized person has been given notice of the proposed action and the basis therefore and an opportunity to present his views.

(10) Inspections.

(a) Each participating hatchery shall be audited at least one time annually or a sufficient number of times each year to satisfy the Department that the operations of the hatchery are in compliance with the provisions of the Plan.

(b) The records of all flocks maintained primarily for production of hatching eggs shall be examined annually by a State Inspector.

(i) Records shall include:

(A) VS Form 9-2, "Flock Selecting and Testing Report";

(B) VS Form 9-3, "Report of Sales of Hatching Eggs, Chicks, and Poults";

(C) set and hatch records;

(D) egg receipts; and

(E) egg/chick orders or invoices.

(ii) Records shall be maintained for 3 years.

(iii) On-site inspections of flocks and premises will be conducted if the State Inspector determines that a breach of sanitation, blood testing, or other provisions has occurred for Plan programs for which the flocks have or are being qualified.

(11) Debarment from participation.

(a) Participants in the Plan, who after investigation by the Department or its representative, are notified in writing of their apparent noncompliance with the Plan provisions or regulations of the Department, shall be afforded a reasonable time, as specified by the Department, within which to demonstrate or achieve compliance.

(b) If compliance is not demonstrated or achieved within the specified time, the Department may debar the participant from further participation in the Plan for such period, or indefinitely, as the Department may deem appropriate.

(c) The debarred participant shall be afforded notice of the bases for the debarment and opportunity to present their views with respect to the debarment in accordance with procedures adopted by the Department.

(d) The Department shall thereupon decide whether the debarment order shall continue in effect.

(e) Such decision shall be final unless the debarred participant, within 30 days after the issuance of the debarment order, requests the Administrator to determine the eligibility of the debarred participant for participation in the Plan.

(i) In such event the Administrator shall determine the matter de novo in accordance with the rules of practice in 7 CFR part 50, which are hereby made applicable to proceedings before the Administrator under this section.

(ii) The definitions in 7 CFR 50.10 and the following definitions shall apply with respect to terms used in such rules of practice.

(12) Testing.

(a) Poultry must be more than 4 months of age when tested for an official classification except,

(i) That turkey candidates may be tested at more than 12 weeks of age;

(ii) That game bird candidates may be tested when more than 4 months of age or upon reaching sexual maturity, whichever comes first;

(iii) That ostrich, emu, rhea, and cassowary candidates may be tested when more than 12 months of age.

(b) Samples for official tests shall be collected by an Authorized Agent, Authorized Testing Agent, or State Inspector and tested by an authorized laboratory, except that the stained antigen, rapid whole-blood test for pullorum-typhoid may be conducted by an Authorized Testing Agent or State Inspector.

(c) For Plan programs in which a representative sample may be tested in lieu of an entire flock, except the ostrich, emu, rhea, and cassowary program, the minimum number tested shall be 30 birds per house, with at least 1 bird taken from each pen and unit in the house. The ratio of male to female birds in representative samples of birds from meat-type chicken, waterfowl, exhibition poultry, and game bird flocks must be the same as the ratio of male to female birds in the flock. In houses containing fewer than 30 birds other than ostriches, emus, rheas, and cassowaries, all birds in the house must be tested.

(d) The Department adopts all sampling and testing procedures specified in Title 9 CFR 145-147 (2013) which incorporated by reference.

 

KEY: disease control, NPIP, hatchery, poultry

Date of Enactment or Last Substantive Amendment: [April 2, 2002]2013

Notice of Continuation: January 18, 2012

Authorizing, and Implemented or Interpreted Law: [4-29-1]4-31-119