[Federal Register Volume 62, Number 160 (Tuesday, August 19, 1997)]
[Rules and Regulations]
[Pages 44067-44071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21902]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 62, No. 160 / Tuesday, August 19, 1997 /
Rules and Regulations
[[Page 44067]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 145 and 147
[Docket No. 96-070-2]
National Poultry Improvement Plan and Auxiliary Provisions
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the National Poultry Improvement Plan (the
Plan) and its auxiliary provisions to establish new program
classifications and provide new or modified sampling and testing
procedures for Plan participants and participating flocks. These
changes, which were voted on and approved by the voting delegates at
the Plan's 1994 and 1996 National Plan Conferences, will keep the
provisions of the Plan current with changes in the poultry industry and
provide for the use of new sampling and testing procedures.
EFFECTIVE DATE: September 18, 1997.
FOR FURTHER INFORMATION CONTACT: Mr. Andrew R. Rhorer, Senior
Coordinator, Poultry Improvement Staff, National Poultry Improvement
Plan, Veterinary Services, APHIS, USDA, 1500 Klondike Road, Suite A-
102, Conyers, GA 30207; (770) 922-3496.
SUPPLEMENTARY INFORMATION:
Background
The National Poultry Improvement Plan (referred to below as ``the
Plan'') is a cooperative Federal-State-industry mechanism for
controlling certain poultry diseases. The Plan consists of a variety of
programs intended to prevent and control egg-transmitted, hatchery-
disseminated poultry diseases. Participation in all Plan programs is
voluntary, but flocks, hatcheries, and dealers must qualify as ``U.S.
Pullorum-Typhoid Clean'' before participating in any other Plan
program. Also, the regulations in 9 CFR part 82, subpart C, which
provide for certain testing, restrictions on movement, and other
restrictions on certain chickens, eggs, and other articles due to the
presence of Salmonella enteritidis, require that no hatching eggs or
newly hatched chicks from egg-type chicken breeding flocks may be moved
interstate unless they are classified ``U.S. S. Enteritidis Monitored''
under the Plan or they meet the requirements of a State classification
plan that the Administrator of the Animal and Plant Health Inspection
Service (APHIS) has determined to be equivalent to the Plan, in
accordance with 9 CFR 145.23(d).
The Plan identifies States, flocks, hatcheries, and dealers that
meet certain disease control standards specified in the Plan's various
programs. As a result, customers can buy poultry that has tested clean
of certain diseases or that has been produced under disease-prevention
conditions.
The regulations in 9 CFR parts 145 and 147 (referred to below as
the regulations) contain the provisions of the Plan. APHIS amends these
provisions from time to time to incorporate new scientific information
and technologies within the Plan. On March 11, 1997, we published in
the Federal Register (62 FR 11111-11117, Docket No. 96-070-1) a
proposal to amend the regulations to:
1. Standardize the time frame for the retesting of U.S. Pullorum-
Typhoid Clean breeding flocks retained for more than 12 months by
requiring the retesting to occur a minimum of 4 weeks after the
induction of molt;
2. Establish a ``U.S. Salmonella Monitored'' program for primary
meat-type chicken breeding flocks;
3. Establish a ``U.S. M. Gallisepticum Monitored'' classification
for multiplier meat-type chicken breeding flocks that are not
participating in the ``U.S. M. Gallisepticum Clean'' classification;
4. Establish a ``U.S. M. Synoviae Monitored'' classification for
multiplier meat-type chicken breeding flocks that are not participating
in the ``U.S. M. Synoviae Clean'' classification;
5. Amend the ``U.S. M. Gallisepticum Clean'' and ``U.S. M. Synoviae
Clean'' classifications for meat-type chicken breeding flocks by
augmenting testing when adding (spiking) males;
6. Add a procedure for swabbing or collecting chick papers for
bacteriological examination for salmonella;
7. Add a 4 to 6 week surveillance test for M. gallisepticum to the
``U.S. M. Gallisepticum Clean'' classification for turkeys;
8. Make the qualification test sample size for ``U.S. M.
Meleagridis Clean'' consistent with that for the ``U.S. M.
Gallisepticum Clean'' and ``U.S. M. Synoviae Clean'' classifications
for turkeys;
9. Simplify the description of the procedure for determining the
status of flocks reacting to tests for M. gallisepticum, M. synoviae,
and M. meleagridis;
10. Amend the ``U.S. Sanitation Monitored, Turkeys'' classification
to remove the requirement for the environmental sampling of a laying
house following the removal of a flock from the house;
11. Establish a ``U.S. M. Synoviae Clean'' classification for
waterfowl, exhibition poultry and game birds; and
12. Raise from 75 to 150 the number of birds to be tested to
qualify flocks for ``U.S. M. Synoviae Clean'' status.
We solicited comments concerning the proposed rule for 60 days
ending May 12, 1997. We received no comments by that date. Therefore,
based on the rationale set forth in the proposed rule, we are adopting
the provisions of the proposal as a final rule without change.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
The changes contained in this document are based on the
recommendations of representatives of member States, hatcheries,
dealers, flockowners, and breeders who took part in the Plan's 1994 and
1996 National Plan Conferences. The changes will amend the Plan and its
auxiliary provisions by establishing new program classifications and
providing new or modified sampling and testing procedures for Plan
participants and participating flocks. These changes will keep the
provisions of the Plan current with changes in the poultry industry
[[Page 44068]]
and provide for the use of new sampling and testing procedures.
The Plan serves as a ``seal of approval'' for egg and poultry
producers in the sense that tests and procedures recommended by the
Plan are considered optimal for the industry. In all cases, the changes
in this document have been generated by the industry itself with the
goal of reducing disease risk and increasing product marketability.
Because participation in the Plan is voluntary, individuals are
likely to remain in the program as long as the costs of implementing
the program are lower than the added benefits they receive from the
program. Nine of the 12 amendments involve minor procedural changes
that will have negligible economic consequences. Plan participants may
realize some cost savings because the testing requirements for the new
``U.S. M. Gallisepticum Monitored'' and ``U.S. M. Synoviae Monitored''
classifications are not as stringent as the testing requirements for
the ``clean'' classifications for M. gallisepticum and M. synoviae.
These savings will, however, likely be offset by the amendments to the
``U.S. M. Gallisepticum Clean'' and ``U.S. M. Synoviae Clean'' programs
that will require additional tests for meat-type chicken breeding
flocks when spiking males are introduced. Of the 3,979 pullorum-typhoid
clean flocks currently participating in the Plan, 2,842 flocks are
classified as ``U.S. M. Gallisepticum Clean'' and ``U.S. M. Synoviae
Clean;'' the remaining 1,137 flocks are eligible for the new ``U.S. M.
Gallisepticum Monitored'' and ``U.S. M. Synoviae Monitored'' programs.
However, because participation in Plan programs is voluntary, the
Agency cannot estimate the number of producers who may participate in
the two new ``monitored'' classifications or use the new tests.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are in conflict with this rule; (2) has no retroactive
effect; and (3) does not require administrative proceedings before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Parts 145 and 147
Animal diseases, Poultry and poultry products, Reporting and
recordkeeping requirements.
Accordingly, 9 CFR parts 145 and 147 are amended as follows:
PART 145--NATIONAL POULTRY IMPROVEMENT PLAN
1. The authority citation for part 145 continues to read as
follows:
Authority: 7 U.S.C. 429; 7 CFR 2.22, 2.80, and 371.2(d).
2. Section 145.10 is amended as follows:
a. In paragraph (e), the words ``and Sec. 145.43(e)'' are removed
and the words ``145.43(e), and Sec. 145.53(d)'' are added in their
place.
b. New paragraphs (o), (p), and (q) are added to read as set forth
below.
Sec. 145.10 Terminology and classification; flocks, products, and
States.
* * * * *
(o) U.S. Salmonella Monitored. (See Sec. 145.33(i).)
BILLING CODE 3410-34-U
[GRAPHIC] [TIFF OMITTED] TR19AU97.000
(p) U.S. M. Gallisepticum Monitored. (See Sec. 145.33(j).)
[GRAPHIC] [TIFF OMITTED] TR19AU97.001
(q) U.S. M. Synoviae Monitored. (See Sec. 145.33(k).)
[GRAPHIC] [TIFF OMITTED] TR19AU97.002
BILLING CODE 3410-34-C
Sec. 145.23 [Amended]
3. Section 145.23 is amended as follows:
a. In paragraph (b), in the introductory text, the words ``at the
discretion of the Official State Agency with the concurrence of the
Service'' are removed and the words ``conducted a minimum of 4 weeks
after the induction of molt'' are added in their place.
b. In paragraph (e)(1)(ii), in the introductory text, the words
``75 birds'' are removed and the words ``150 birds'' are added in their
place.
4. Section 145.33 is amended as follows:
a. In paragraph (b), in the introductory text, the words ``at the
discretion of the official State agency with the concurrence of the
Service'' are removed and the words ``conducted a minimum of 4 weeks
after the induction of molt'' are added in their place.
b. A new paragraph (c)(4) is added to read as set forth below.
c. In paragraph (e)(1)(ii), in the introductory text, the words
``75 birds'' are removed and the words ``150 birds'' are added in their
place.
d. A new paragraph (e)(4) is added to read as set forth below.
e. New paragraphs (i), (j), and (k) are added to read as set forth
below.
[[Page 44069]]
Sec. 145.33 Terminology and classification; flocks and products.
* * * * *
(c) * * *
(4) Before male breeding birds may be added to a participating
multiplier breeding flock, a sample of at least 3 percent of the birds
to be added, with a minimum of 10 birds per pen, shall be tested for M.
gallisepticum as provided in Sec. 145.14(b) or by a polymerase chain
reaction (PCR)-based procedure approved by the Department. The male
birds shall be tested no more than 14 days prior to their intended
introduction into the flock. If the serologic testing of the birds
yields hemagglutination inhibition titers of 1:40 or higher, or if the
PCR testing is positive for M. gallisepticum, the male birds may not be
added to the flock and must be either retested or destroyed.
* * * * *
(e) * * *
(4) Before male breeding birds may be added to a participating
multiplier breeding flock, a sample of at least 3 percent of the birds
to be added, with a minimum of 10 birds per pen, shall be tested for M.
synoviae as provided in Sec. 145.14(b) or by a polymerase chain
reaction (PCR)-based procedure approved by the Department. The male
birds shall be tested no more than 14 days prior to their intended
introduction into the flock. If the serologic testing of the birds
yields hemagglutination inhibition titers of 1:40 or higher, or if the
PCR testing is positive for M. synoviae, the male birds may not be
added to the flock and must be either retested or destroyed.
* * * * *
(i) U.S. Salmonella Monitored. This program is intended to be the
basis from which the breeding-hatching industry may conduct a program
for the prevention and control of Salmonellosis. It is intended to
reduce the incidence of Salmonella organisms in hatching eggs and
chicks through an effective and practical sanitation program at the
breeder farm and in the hatchery. This will afford other segments of
the poultry industry an opportunity to reduce the incidence of
Salmonella in their products.
(1) A flock and the hatching eggs and chicks produced from it that
have met the following requirements, as determined by the Official
State Agency:
(i) The flock shall originate from a source where sanitation and
management practices, as outlined in Sec. 145.33(d)(1), are conducted;
(ii) The flock is maintained in compliance with Secs. 147.21,
147.24(a), and 147.26 of this chapter;
(iii) If feed contains animal protein, the protein products should
be purchased from participants in the Animal Protein Products Industry
(APPI) Salmonella Education/Reduction Program. The protein products
must have a minimum moisture content of 14.5 percent and must have been
heated throughout to a minimum temperature of 190 deg.F or above, or
to a minimum temperature of 165 deg.F for at least 20 minutes, or to a
minimum temperature of 184 deg.F under 70 lbs. pressure during the
manufacturing process;
(iv) Feed shall be stored and transported in a manner to prevent
possible contamination;
(v) Chicks shall be hatched in a hatchery meeting the requirements
of Secs. 147.23 and 147.24(b) and sanitized or fumigated (see
Sec. 147.25 of this chapter).
(vi) An Authorized Agent shall take environmental samples from the
hatchery every 30 days; i.e., meconium and chick papers. An authorized
laboratory for Salmonella shall examine the samples bacteriologically;
(vii) An Authorized Agent shall take environmental samples as
described in Sec. 147.12 of this chapter from each flock at 4 months of
age and every 30 days thereafter. An authorized laboratory for
Salmonella shall examine the environmental samples bacteriologically;
(viii) Owners of flocks may vaccinate with a paratyphoid vaccine:
Provided, That a sample of 350 birds, which will be banded for
identification, shall remain unvaccinated until the flock reaches at
least 4 months of age.
(2) The Official State Agency may use the procedures described in
Sec. 147.14 of this chapter to monitor the effectiveness of the egg
sanitation practices.
(3) In order for a hatchery to sell products of this
classification, all products handled shall meet the requirements of the
classification.
(4) This classification may be revoked by the Official State Agency
if the participant fails to follow recommended corrective measures.
(j) U.S. M. Gallisepticum Monitored. (1) A multiplier breeding
flock in which all birds or a sample of at least 20 birds per house has
been tested for M. gallisepticum as provided in Sec. 145.14(b) when
more than 4 months of age: Provided, birds per house shall be tested
again at 36 to 38 weeks and at 48 to 50 weeks at a minimum: And
provided further, That each 20-bird sample should come from two
locations within the house (10 from the front half of the house and 10
from the back half of the house). A representative sample of males and
females should be sampled. The samples shall be marked ``male'' or
``female.''
(2) A participant handling U.S. M. Gallisepticum Monitored products
shall keep these products separate from other products in a manner
satisfactory to the Official State Agency: Provided, That U.S. M.
Gallisepticum Monitored chicks from multiplier breeding flocks shall be
produced in incubators and hatchers in which only eggs from flocks
qualified under paragraph (j)(1) of this section are set. Eggs from
U.S. M. Gallisepticum Monitored multiplier breeding flocks shall not be
set in hatchers or incubators in which eggs from U.S. M. Gallisepticum
Clean primary breeding flocks qualified under paragraph (c)(1)(i) of
this section are set.
(3) U.S. M. Gallisepticum Monitored chicks shall be boxed in clean
boxes and delivered in trucks that have been cleaned and disinfected as
described in Sec. 147.24(a) of this chapter.
(k) U.S. M. Synoviae Monitored. (1) A multiplier breeding flock in
which all birds or a sample of at least 20 birds per house has been
tested for M. synoviae as provided in Sec. 145.14(b) when more than 4
months of age: Provided, That to retain this classification, a minimum
of 20 birds per house shall be tested again at 36 to 38 weeks and at 48
to 50 weeks at a minimum: And provided further, That each 20-bird
sample should come from two locations within the house (10 from the
front half of the house and 10 from the back half of the house). A
representative sample of males and females should be sampled. The
samples shall be marked ``male'' or ``female.''
(2) A participant handling U.S. M. Synoviae Monitored products
shall keep these products separate from other products in a manner
satisfactory to the Official State Agency: Provided, That U.S. M.
Synoviae Monitored chicks from multiplier breeding flocks shall be
produced in incubators and hatchers in which only eggs from flocks
qualified under paragraph (k)(1) of this section are set. Eggs from
U.S. M. Synoviae Monitored multiplier breeding flocks shall not be set
in hatchers or incubators in which eggs from U.S. M. Synoviae Clean
primary breeding flocks qualified under paragraph (e)(1)(i) of this
section are set.
(3) U.S. M. Synoviae Monitored chicks shall be boxed in clean boxes
and delivered in trucks that have been cleaned and disinfected as
described in Sec. 147.24(a) of this chapter.
(Approved by the Office of Management and Budget under control
number 0579-0007)
[[Page 44070]]
Sec. 145.43 [Amended]
5. Section 145.43 is amended as follows:
a. In paragraph (b), in the introductory text, the words ``at the
discretion of the official State agency with the concurrence of the
Service'' are removed and the words ``conducted a minimum of 4 weeks
after the induction of molt'' are added in their place.
b. In paragraph (c)(1), at the end of the paragraph, the words
``and at 4-6 week intervals thereafter'' are added immediately after
the words ``28-30 weeks of age''.
c. In paragraph (d)(1)(i), the words ``60 birds'' are removed and
the words ``100 birds'' are added in their place.
d. In paragraph (d)(2), at the end of the paragraph, the words ``of
this chapter'' are added immediately after the citation
``Sec. 147.6(b)''.
e. Paragraph (f)(7) is removed and paragraph (f)(8) is redesignated
as paragraph (f)(7).
6. Section 145.53 is amended by adding a new paragraph (d) to read
as follows:
Sec. 145.53 Terminology and classification; flocks and products.
* * * * *
(d) U.S. M. Synoviae Clean. (1) A flock maintained in compliance
with the provisions of Sec. 147.26 of this chapter and in which freedom
from Mycoplasma synoviae has been demonstrated under the criteria
specified in paragraph (d)(1)(i) or (d)(1)(ii) of this section.
(i) It is a flock in which a minimum of 300 birds has been tested
for M. synoviae as provided in Sec. 145.14(b) when more than 4 months
of age: Provided, That to retain this classification, a sample of at
least 150 birds shall be tested at intervals of not more than 90 days:
And provided further, That a sample comprised of fewer than 150 birds
may be tested at any one time with the approval of the Official State
Agency and the concurrence of the Service, provided that a minimum of
150 birds is tested within each 90-day period; or
(ii) It is a multiplier breeding flock that originated as U.S. M.
Synoviae Clean chicks from primary breeding flocks and from which a
sample comprised of a minimum of 75 birds has been tested for M.
synoviae as provided in Sec. 145.14(b) when more than 4 months of age:
Provided, That to retain this classification, the flock shall be
subjected to one of the following procedures:
(A) At intervals of not more than 90 days, a sample of 50 birds
shall be tested: Provided, That a sample of fewer than 50 birds may be
tested at any one time, provided that a minimum of 30 birds per flock
with a minimum of 15 birds per pen, whichever is greater, is tested
each time and a total of at least 50 birds is tested within each 90-day
period; or
(B) At intervals of not more than 30 days, egg yolk testing shall
be conducted in accordance with Sec. 147.8 of this chapter.
(2) A participant handling U.S. M. Synoviae Clean products shall
keep those products separate from other products in a manner
satisfactory to the Official State Agency: Provided, That U.S. M.
Synoviae Clean chicks from primary breeding flocks shall be produced in
incubators and hatchers in which only eggs from flocks qualified under
paragraph (d)(1)(i) or (d)(1)(ii) of this section are set.
(3) U.S. M. Synoviae Clean chicks shall be boxed in clean boxes and
delivered in trucks that have been cleaned and disinfected as described
in Sec. 147.24(a) of this chapter.
(Approved by the Office of Management and Budget under control
number 0579-0007)
PART 147--AUXILIARY PROVISIONS ON NATIONAL POULTRY IMPROVEMENT PLAN
7. The authority citation for part 147 continues to read as
follows:
Authority: 7 U.S.C. 429; 7 CFR 2.22, 2.80, and 371.2(d).
8. Section 147.6 is amended as follows:
a. Paragraph (a) is removed and paragraph (b) is redesignated as
paragraph (a).
b. The introductory text of newly redesignated paragraph (a) is
revised to read as set forth below.
c. In newly redesignated paragraph (a)(2), the words ``paragraphs
(b)(3), (b)(4), and (b)(5)'' are removed and the words ``paragraphs
(a)(3), (a)(4), and (a)(5)'' are added in their place.
d. In newly redesignated paragraphs (a)(3), (a)(4), (a)(5), (a)(9),
and (a)(10), the words ``paragraph (b)(6)'' are removed and the words
``paragraph (a)(6)'' are added in their place.
e. In newly redesignated paragraph (a)(5), in the first sentence,
the words ``in conjunction with any of the criteria described in
paragraph (a)(1) of this section,'' are removed and, in the second
sentence, the words ``but none of the criteria described in paragraph
(a)(1) of this section are evident,'' are removed.
f. In newly redesignated paragraph (a)(13), the word ``both'' is
removed.
g. A new paragraph (b) is added and reserved.
Sec. 147.6 Procedure for determining the status of flocks reacting to
tests for Mycoplasma gallisepticum, Mycoplasma synoviae, and Mycoplasma
meleagridis.
* * * * *
(a) The status of a flock for Mycoplasma shall be determined
according to the following criteria:
* * * * *
9. Section 147.12 is amended by adding a new paragraph (c) to read
as follows:
Sec. 147.12 Procedures for collecting environmental samples and
cloacal swabs for bacteriological examination.
* * * * *
(c) Chick box papers. Samples from chick box papers may be
bacteriologically examined for the presence of salmonella. The Plan
participant may collect the samples in accordance with paragraph (c)(1)
of this section or submit chick box papers directly to a laboratory in
accordance with paragraph (c)(2) of this section.
(1) Instructions for collecting samples from chick box papers:
(i) Collect 1 chick box paper for each 10 boxes of chicks placed in
a house and lay the papers on a clean surface.
(ii) Clean your hands and put on latex gloves. Do not apply
disinfectant to the gloves. Change gloves after collecting samples from
10 chick box papers or any time a glove is torn.
(iii) Saturate a sterile 3-by-3 inch gauze pad with double-strength
skim milk (see footnote 11 to this section) and rub the pad across the
surface of five chick box papers. Rub the pad over at least 75 percent
of each paper and use sufficient pressure to rub any dry meconium off
the paper. Pouring a small amount of double-strength skim milk (1 to 2
tablespoons) on each paper will make it easier to collect samples.
(iv) After collecting samples from 10 chick box papers, place the
two gauze pads used to collect the samples (i.e., one pad per 5 chick
box papers) into an 18 oz. Whirl-Pak bag and add 1 to 2 tablespoons of
double-strength skim milk.
(v) Promptly refrigerate the Whirl-Pak bags containing the samples
and transport them, on ice or otherwise refrigerated, to a laboratory
within 48 hours of collection. The samples may be frozen for longer
storage if the Plan participant is unable to transport them to a
laboratory within 48 hours.
(2) The Plan participant may send chick box papers directly to a
laboratory, where samples may be collected as described in paragraph
(c)(1) of this section. To send chick box papers directly to a
laboratory, the Plan participant shall:
[[Page 44071]]
(i) Collect 1 chick box paper for each 10 boxes of chicks placed in
a house and place the chick papers immediately into large plastic bags
and seal the bags.
(ii) Place the plastic bags containing the chick box papers in a
clean box and transport them within 48 hours to a laboratory. The
plastic bags do not require refrigeration.
(Approved by the Office of Management and Budget under control
number 0579-0007)
Done in Washington, DC, this 13th day of August 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-21902 Filed 8-18-97; 8:45 am]
BILLING CODE 3410-34-U
