Interstate/International Quarantine Order [32 Pa.B. 2337] Whereas, avian influenza is an infectious disease of poultry;
Whereas, 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);
Whereas, 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;
Whereas, avian influenza has caused significant loss in the past to the Pennsylvania poultry industry;
Whereas, avian influenza is of particular concern to the entire Pennsylvania poultry industry and may severely limit the market for Pennsylvania product;
Whereas, avian influenza, H7N2, currently exists in a mildly virulent form (low or mildly pathogenic) in commercial poultry in Virginia, North Carolina and in the live bird marketing system in the Northeastern United States;
Whereas, 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;
Whereas, the strains of avian influenza that are of concern (H5 and H7) are not known to exist in the Commonwealth;
Whereas, 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;
Now, therefore, the Pennsylvania Department of Agriculture, pursuant to the authority granted it under the Domestic Animal Law and § 1702 of the Administrative Code of 1929 (71 P. S. § 442), orders the establishment of an interstate/international quarantine with respect to the shipment of live poultry and hatching eggs into the Commonwealth. The quarantine restrictions are as follows:
1. Poultry and hatching eggs shall only be allowed into the Commonwealth under either of the following circumstances:
a. The poultry and hatching eggs originate from a flock that participates in the National Poultry Improvement Plan ''U.S. Avian Influenza Clean'' program and the shipment is accompanied by a USDA form 9-3 or other NPIP form; or,
b. The poultry and hatching eggs originate from a flock that participates in a state sponsored avian influenza monitoring program and the shipment is accompanied by a document from the state of origin indicating participation; or,
c. The poultry and hatching eggs originate from a flock in which a minimum of twenty birds, four weeks of age, or older, were tested serologically negative for avian influenza within ten days of shipment and the shipment is accompanied by the test report; or,
d. The poultry and hatching eggs originate from a flock that participates in an equivalent testing/surveillance program, as approved by the Pennsylvania State Veterinarian.
2. Poultry and hatching eggs from flocks that are serologically positive shall not be imported unless the flock is determined to be free of virus by virtue of a negative virus isolation test of tracheal and/or cloacal specimens from a minimum of 150 birds.
3. Poultry and hatching eggs imported into the Commonwealth shall meet all other import requirements required under Title 7, PA Code.
4. This Order shall not be construed as limiting PDA's authority to establish additional quarantine or testing requirements on imported poultry and hatching eggs.
5. This Order is effective April 29, 2002.
SAMUEL E. HAYES, Jr.,
Secretary[Pa.B. Doc. No. 02-846. Filed for public inspection May 10, 2002, 9:00 a.m.]
