General Quarantine Order [34 Pa.B. 3153] Recitals
A. Avian influenza is an infectious disease of poultry and is designated a ''dangerous transmissible disease'' of animals under 3 Pa.C.S. § 2321(d) (relating to dangerous transmissible diseases).
B. The Department of Agriculture (Department) has broad authority under the Domestic Animal Law to regulate the keeping and handling of domestic animals to exclude, contain or eliminate dangerous transmissible diseases.
C. In the past, avian influenza has caused significant loss to the poultry industry in this Commonwealth. It is of particular concern to the entire poultry industry in this Commonwealth and may severely limit the market for Pennsylvania products.
D. On February 17, 2004, avian influenza was detected in a poultry flock located in Lancaster County. The affected poultry flock was immediately made the subject of an Order of Special Quarantine issued by the Department.
E. On May 24, 2004, avian influenza was detected at a second poultry flock in Lancaster County. The affected poultry flock was made the subject of an Order of Special Quarantine issued by the Department.
F. The Domestic Animal Law allows, in 3 Pa.C.S. § 2329(d) (relating to quarantine), for the establishment of a General Quarantine, under the circumstances described, with respect to any area or locality within this Commonwealth.
G. The United States Department of Agriculture (USDA) protocols for handling outbreaks of avian influenza recommend a quarantine perimeter be established. Due to the highly infectious nature of avian influenza, a quarantine zone should be established to prevent the spread of the virus. A quarantine should place restrictions upon poultry movement prior to appropriate testing.
Now, therefore, the Department, under the authority granted it under the Domestic Animal Law and section 1702 of The Administrative Code of 1929 (71 P. S. § 442), orders the establishment of a general quarantine as described in the Order.
Order
1. The previous recitals are incorporated into this Order by reference.
2. The area subject to this Order of General Quarantine (the quarantine area) is the roughly rectangular area of Lancaster County described as follows:
Bordered on the east by State Route (SR) 72, running in a southerly direction from the intersection of Elizabethtown Road and SR 72 (at/near Elstonville) to its intersection with SR 741 and running in a southerly direction on SR 741 to SR 30 (at/near Lancaster).
Bordered on the south by SR 30, running in a westerly direction from the intersection of SR 741 and SR 30, to its intersection with SR 441 (at/near Columbia).
Bordered on the west by SR 441, running in a northerly direction from the intersection of SR 30 and SR 441, to its intersection with SR 743 (at/near Marietta) and then by SR 743, running in a northerly direction to its intersection with Elizabethtown Road (at/near Elizabethtown).
Bordered on the north by the Elizabethtown Road, running in an easterly direction from its intersection with SR 743 to its intersection with SR 72 (at/near Elstonville).
3. The movement of chickens, turkeys, water fowl, guinea fowl and game fowl and the eggs of these birds (collectively, ''subject birds'') to destinations within or outside of the quarantine area is prohibited, unless under authority of a written permit issued by the Department in accordance with the requirements of this Order.
4. A person who seeks to move subject birds to a destination within or outside of the quarantine area shall:
a. Within 10 days before the planned movement of subject birds, have at least 30 blood samples drawn from the subject birds in the poultry house or other biosecure unit from which the subject birds are to be moved. This sampling shall be done by: (a) a Department-licensed poultry technician; (b) an accredited veterinarian; or (c) Department personnel. Questions regarding the appropriate testing unit from which samples shall be drawn shall be resolved with the Department prior to the sampling.
b. Have the referenced samples tested at an accredited laboratory--whether within the Pennsylvania Animal Diagnostic Laboratory System (PADLS) or another USDA-accredited laboratory--employing the agar gel immunodiffusion (AGID) test with respect to each sample. If an accredited laboratory other than a PADLS laboratory performs the testing, have that laboratory communicate the test results to the Department.
5. The Department shall issue a written permit allowing the movement of subject birds to a destination within or outside of the quarantine area if it receives confirmation from an accredited laboratory that the samples described in paragraph (4) were all avian influenza test-negative using the AGID test. The permit shall expire when 10 days have lapsed from the date the samples described in paragraph (4) were drawn.
6. Questions regarding this general quarantine order should be directed to ATTN: Bruce Schmucker, VMD, Department of Agriculture, Bureau of Animal Health and Diagnostic Services, 2301 North Cameron Street, Harrisburg, PA 17110-9408, (717) 783-9550.
7. This Order shall not be construed as limiting the Department's authority to establish additional quarantine or testing requirements on poultry.
8. This order is effective June 3, 2004, and shall remain in effect until rescinded by the Department.
DENNIS C WOLFF,
Secretary[Pa.B. Doc. No. 04-1068. Filed for public inspection June 18, 2004, 9:00 a.m.]
