Home » 2015 Issues » August 12, 2015 » AAM-22-15-00004-A Importation of Poultry, That Have Not Been Determined to be Free of Avian Influenza, into the State
AAM-22-15-00004-A Importation of Poultry, That Have Not Been Determined to be Free of Avian Influenza, into the State
8/12/15 N.Y. St. Reg. AAM-22-15-00004-A
NEW YORK STATE REGISTER
VOLUME XXXVII, ISSUE 32
August 12, 2015
RULE MAKING ACTIVITIES
DEPARTMENT OF AGRICULTURE AND MARKETS
NOTICE OF ADOPTION
I.D No. AAM-22-15-00004-A
Filing No. 662
Filing Date. Jul. 28, 2015
Effective Date. Aug. 12, 2015
Importation of Poultry, That Have Not Been Determined to be Free of Avian Influenza, into the State
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 45.1 and 45.6 of Title 1 NYCRR.
Statutory authority:
Agriculture and Markets Law, sections 16, 18, 72 and 74
Subject:
Importation of poultry, that have not been determined to be free of avian influenza, into the State.
Purpose:
To minimize the incidence of avian influenza in the State's poultry population.
Text of final rule:
Section 45.1 of 1 NYCRR is amended by adding thereto subdivisions (n), (o), (p), (q) and (r), to read as follows:
(n) Imported for Immediate Slaughter means importation of poultry into the State followed by slaughter within 144 hours of the time of import.
(o) Avian Influenza Monitored Source Flock means a flock that has been so certified by the source state or country and that has met the following requirements:
(1) The flock has been together, without any additions thereto, for a minimum of 21 days before the first test for avian influenza is performed; and
(2) No birds have been added to the flock after the first test was performed; and
(3) Samples have been properly collected from thirty birds, each of which are at least three weeks of age and all of which are representative of the flock, from all pens and houses on the farm. If the flock contains less than 30 birds, all birds within the flock must be tested. Notwithstanding the preceding:
i. For serology, blood collection from silkies and other small breeds of chickens may be delayed until the birds are 6 to 8 weeks of age.
ii. For serology, blood collection from guineas, chukars, and quail may be delayed until the birds are 5 to 6 weeks of age.
iii. Eggs may be substituted for blood samples from quail and chukars after they start laying; and
(4) The samples referred to in paragraph (3) of this subdivision have been tested using an official test approved by the United States Department of Agriculture conducted in a laboratory approved by the United States Department of Agriculture and/ or the State to conduct such testing, to determine if the birds from which such samples were obtained have avian influenza; and
(5) Three consecutive series of samples of the type referred to in paragraph (3) of this subdivision, each of which was collected between 21 – 30 days after the previous collection, have been determined by a laboratory of the type referred to in paragraph (4) of this subdivision to be free of avian influenza. New birds may be added to a flock that has been certified as an avian influenza monitored flock, as provided for herein, only if such birds are from a flock that has been certified as an avian influenza monitored flock or have been determined by the Commissioner of Agriculture and Markets to be a flock or part of a flock that is of an equal or higher status; however, an avian influenza monitored flock to which such birds have been added may not be moved to a live bird market or into the State until samples from such flock have been tested and found to be free of avian influenza, as provided in this subdivision.
(p) National Poultry Improvement Plan means a cooperative industry, state, and federal program that was developed through which new diagnostic technology can be applied to evaluate the health status of poultry, set forth in Title 9 of the Code of Federal Regulations Parts 145-147.
(q) U.S. Avian Influenza Clean means that a flock has been so designated by the state or country of origin, utilizing the procedures set forth in the current version of the National Poultry Improvement Plan.
(r) U.S. H5/H7 Avian Influenza Clean means that a flock has been so designated by the state or country of origin, utilizing the procedures set forth in the current version of the National Poultry Improvement Plan.
Section 45.6 of 1 NYCRR is amended by adding thereto a new subdivision (g), to read as follows:
(g) A person who imports or causes the importation of poultry into the State for any purpose other than immediate slaughter shall comply with the requirements set forth in paragraphs (1), (2), and (3) of this subdivision.
(1) No live poultry or poultry products may be moved into the State unless they are moving on an approved certificate of veterinarian inspection or USDA VS Form 9-3, Report of Sales of Hatching Eggs, Chicks, and Poults, which states that either:
(i) the poultry identified thereon are moving through a poultry dealer or poultry transporter from a source flock which is certified by the state or country of origin as an avian influenza monitored source; or
(ii) the poultry identified thereon are moving through a poultry dealer or poultry transporter from a source flock in which a random sample of 30 birds were tested negative for avian influenza within 10 days prior to the date of movement, using an official test approved by the United States Department of Agriculture conducted in a laboratory approved by the United States Department of Agriculture and/or the State to conduct such testing; or
(iii) The poultry identified thereon originate directly from a National Poultry Improvement Plan flock designated “Avian Influenza Clean” or “U.S. H5/H7 Avian Influenza Clean.”
(2) No live poultry which is held on premises where within the previous 12 months there has been a positive avian influenza serology, culture or a trace back to said premises of birds that tested positive for avian influenza within the previous 12 months shall be moved into the State unless the State Animal Health Official of the state or country of origin certifies that:
(i) all birds held on the premises at or after the time of the positive serology, culture, or trace back and prior to the cleaning and disinfection of the premises were removed to slaughter or slaughtered and the premises were thereafter cleaned and disinfected under official supervision and the replacement flock complies with paragraph (2) of this subdivision; or
(ii) tracheal and cloacal swabs were obtained for virus isolation from 150 randomly selected birds in a flock held on such premises or from all of the birds in such flock, whichever is less, and such tests demonstrated that avian influenza was not present, and no bird in such flock exhibited clinical signs of avian influenza in the 45 days preceding the date of sampling. If the birds so tested are waterfowl, then only cloacal swabs shall be required. Such samples may be pooled in groups of up to five samples per culture.
(3) Live poultry that qualify for movement must be kept separate and apart from all other poultry of infected, exposed or unknown health status.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 45.6(g).
Text of rule and any required statements and analyses may be obtained from:
Dr. David Smith, Director, Division of Animal Industry, NYS Dept. of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, (518) 457-3502, email: David.Smith@agriculture.ny.gov
Revised Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
Proposed subdivision (g) of section 45.6 originally provided that a poultry dealer or a poultry transporter may not import poultry into the State for other than immediate slaughter unless certain conditions are met, that subdivision has been amended to “cover” all poultry importers. This amendment to such subdivision merely clarifies the intent of the proposed requirement; indeed, all of the impact statements and analyses presently provide that all poultry importers are “covered” by its provisions and, as such, none of them need to be amended.
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2018, which is no later than the 3rd year after the year in which this rule is being adopted.
