DEPARTMENT OF AGRICULTURE Interstate/International Quarantine Order; Avian Influenza [43 Pa.B. 18]
[Saturday, January 5, 2013]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(d).
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 sub-types 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. 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.
I. 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, and a revised July 1, 2012 Interstate/International Quarantine Order to supplant and rescind its initial Order.
J. PDA has again determined the need to refine the conditions of quarantine. Specifically, PDA seeks to further clarify the testing requirements applicable to poultry flocks.
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 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, except 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 shall only be allowed into the Commonwealth under any of the following circumstances:
a. The 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 or other approved NPIP form; or
b. The 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 (serology, virus isolation, or real-time reverse-transcriptase polymerase chain reaction (RRT-PCR)). The date of sample collection must be within the thirty (30) days prior to the date of entry into Pennsylvania and the shipment must be accompanied by the test report. If there are fewer than 30 birds in the flock, all birds must be tested (RRT-PCR, virus isolation, or serology). For waterfowl, virus detection testing (cloacal swabs) is required for entry. RRT-PCR testing is accepted for domestic ducks-virus isolation testing must be used for other waterfowl. No untested birds shall have been added to the flock after sample collection and before entry into Pennsylvania.
c. If a flock is serologically positive, poultry 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 (virus isolation or RRT-PCR) of oropharyngeal, tracheal and/or cloacal specimens from a minimum of one hundred and fifty (150) birds. If there are fewer than 150 birds in the flock, all birds must be tested. For waterfowl, virus detection testing on cloacal swabs is required for entry. RRT-PCR testing is accepted for domestic ducks-virus isolation testing must be used for other waterfowl. The date of sample collection must be within the 30 days prior to the date of entry into Pennsylvania and the shipment must be accompanied by the test report. No untested birds shall have been added to the flock after sample collection and before entry into Pennsylvania.
133. Poultry three (3) weeks of age and older, 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).
4. Gallinaceous birds, water birds, and ratites three (3) weeks of age and older which are destined to be pet birds or destined to be part of a zoological or menagerie collection; and wild birds three (3) weeks of age and older (gallinaceous birds, water birds, and ratites) destined for domestication, confinement, or as pets must be test negative for avian influenza (swabs tested using virus isolation or real-time reverse-transcriptase polymerase chain reaction (RRT-PCR) techniques). These birds may be individually tested for import. The date of sample collection must be within the thirty (30) days prior to the date of entry into Pennsylvania and the shipment must be accompanied by the test report. RRT-PCR testing is accepted for domestic ducks. For wild water birds, virus isolation (cloacal swabs) is required for entry.
5. All other imported gallinaceous birds, water birds, and ratites three (3) weeks of age and older must meet all AI testing requirements stated for poultry (includes birds intended for release). For water birds, virus detection testing on cloacal swabs is required for entry (refer to #2 and #4 above). RRT-PCR testing is accepted for domestic ducks. For wild water birds, virus isolation (cloacal swabs) is required for entry.
6. 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.
7. This Order is effective January 1, 2013, and supplants the referenced Interstate/International Quarantine Order of July 1, 2012.
GEORGE D. GREIG,
Secretary[Pa.B. Doc. No. 13-9. Filed for public inspection January 4, 2013, 9:00 a.m.]
