DEPARTMENT OF AGRICULTURE Interstate/International Quarantine Order; Avian Influenza [35 Pa.B. 2902] 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 sub-types H5 and H7 are of particular concern due to their potential for developing into a virulent (highly pathogenic) form of disease;
Whereas, avian influenza exists, or is suspected to exist, outside this 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;
Whereas, pursuant to that authority, PDA issued an Interstate/International Quarantine Order addressing avian influenza, effective March 9, 2005; and
Whereas, PDA has since determined it appropriate to issue another Interstate/International Quarantine Order to supplant the referenced March 9, 2005 Order in order to: (1) establish a more specific description of ''poultry;'' (2) further clarify the testing requirements applicable to small poultry flocks; and (3) incorporate the unaffected provisions of the March 9, 2005 Order into a single Order.
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 into the Commonwealth. The quarantine restrictions are as follows:
1. Poultry will be defined as 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'' program and the shipment is accompanied by a USDA form 9-3 or other NPIP form; or
b. The poultry originate from a flock that participates in a state, foreign nation, or foreign provincial-sponsored avian influenza monitoring program and the shipment is accompanied by a document from the state, nation, or province of origin indicating participation; or
c. 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)) within thirty (30) days of shipment and the shipment is accompanied by the test report. If there are less than 30 birds in the flock, test all birds (RRT-PCR, virus isolation, or serology); or
d. Each bird destined for import from a flock not known to be test-positive for AI is tested (RRT-PCR or virus isolation only); or
e. The poultry originate from a flock that participates in an equivalent testing/surveillance program, as approved by the Pennsylvania State Veterinarian.
3. Poultry 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 detection test (virus isolation or RRT-PCR) of oropharyngeal, tracheal and/or cloacal specimens from a minimum of 150 birds. If there are less than 150 birds in the flock, test all birds.
4. Poultry three (3) weeks of age and older, imported into the Commonwealth, shall meet all other import requirements required under Title 7, PA Code.
5. 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.
6. This Order is effective May 1, 2005, and supplants the referenced Interstate/International Quarantine Order of March 9, 2005.
DENNIS C WOLFF,
Secretary[Pa.B. Doc. No. 05-941. Filed for public inspection May 13, 2005, 9:00 a.m.]
