96-6834. National Poultry Improvement Plan and Auxiliary Provisions  

  • [Federal Register Volume 61, Number 56 (Thursday, March 21, 1996)]
    [Rules and Regulations]
    [Pages 11515-11525]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-6834]
    
    
    
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    DEPARTMENT OF AGRICULTURE
    Animal and Plant Health Inspection Service
    
    9 CFR Parts 82, 145, and 147
    
    [Docket No. 94-091-2]
    
    
    National Poultry Improvement Plan and Auxiliary Provisions
    
    AGENCY: Animal and Plant Health Inspection Service, USDA.
    
    ACTION: Final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: We are amending the National Poultry Improvement Plan (the 
    Plan) and its auxiliary provisions by providing new or modified 
    administrative 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 1992 and 1994 National Plan 
    Conferences, will keep the provisions of the Plan current with changes 
    in the poultry industry, reduce paperwork requirements for some Plan 
    participants, establish new program classifications, and allow the use 
    of new sampling and laboratory procedures.
    
    EFFECTIVE DATE: April 22, 1996.
    
    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, Conyer, GA 30207; (404) 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 B, which 
    provide for certain testing, restrictions on movement, and other 
    restriction 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. Sanitation 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 into the Plan.
        On July 7, 1995, we published in the Federal Register (60 FR 35343-
    35353, Docket No. 94-091-1) a proposal to amend the regulations to:
        1. Require the ratio of male to female birds in representative 
    samples taken from certain flocks for pullorum-typhoid testing to 
    reflect the ratio of male to female birds in the flock from which the 
    sample was taken;
        2. Alter the number of birds serologically monitored for Mycoplasma 
    gallisepticum and M. synoviae in egg-type and meat-type chicken 
    breeding flocks;
        3. Allow the use of a federally licensed enzyme-linked 
    immunosorbent assay (ELISA) test for the serological screening of egg-
    type chickens in the ``U.S. S. Enteritidis Monitored'' program;
        4. Allow the use of fishmeal as an animal protein source for meat-
    type breeding chickens and turkey breeding flocks;
        5. Establish a new ``U.S. S. Enteritidis Clean'' classification for 
    primary meat-type chicken breeding flocks;
        6. Establish a new ``U.S. M. Synoviae Clean State'' classification 
    for turkeys;
    
    [[Page 11516]]
    
        7. Provide alternative reporting methods for participating 
    waterfowl, exhibition poultry, and game bird flocks;
        8. Establish a maximum number of positive samples for Mycoplasma 
    gallisepticum or M. synoviae to be examined using the hemagglutination 
    inhibition (HI) and/or serum plate dilution (SPD) tests;
        9. Allow the use of a colony lift assay as a supplemental screening 
    test to aid in the detection of group D salmonella suspect colonies on 
    selective and non-selective agar culture plates;
        10. Establish new procedures for collecting environmental samples 
    and cloacal swabs from egg-type and meat-type chicken flocks and 
    waterfowl, exhibition poultry, and game bird flocks for bacteriological 
    examination;
        11. Provide a laboratory protocol for the bacteriological 
    examination of baby chicks from egg-type and meat-type chicken flocks 
    and waterfowl, exhibition poultry, and game bird flocks; and
        12. Modify the composition of the Plan's General Conference 
    Committee.
        We also proposed to amend several other sections of the regulations 
    to reflect the proposed changes discussed above or to reflect a change 
    made in a previously published final rule.
        We solicited comments concerning our proposal for 60 days ending 
    September 5, 1995. We received three comments by that date. They were 
    from a State agriculture department, a college of veterinary medicine, 
    and a State egg quality assurance program. We carefully considered all 
    of the comments we received. They are discussed below.
        One commenter pointed out that laboratory procedure for the 
    bacteriological examination of cull chicks should have specified that 
    the 25 randomly selected 1- to 5-day-old chicks must be chicks that 
    have not been housed with any other poultry. The commenter correctly 
    noted that the ``have not been housed'' provision was part of the 
    laboratory procedure that was approved by the voting delegates at the 
    Plan's 1994 National Plan Conference. We agree with the commenter and 
    acknowledge that the words in question were inadvertently omitted from 
    the text of the proposed rule. We have, therefore, added the words 
    ``that have not been placed in a brooding house'' to paragraph (a) of 
    new Sec. 147.17.
        Another commenter fully supported several specific aspects of the 
    proposed rule, including the addition of Sec. 147.17, the laboratory 
    procedure recommended for the bacteriological examination of cull 
    chicks for salmonella. The commenter particularly applauded the 
    inclusion of the bursa of Fabricius in the organ pool for such 
    examinations, and recommended that the other testing protocols in part 
    147 be amended to include the bursa of Fabricius in any organ pools 
    collected for examination. Because the commenter's suggested amendments 
    were not within the scope of the proposed rule, we cannot make such 
    changes in this final rule. However, the commenter's recommendation 
    will be forwarded to the Plan's General Conference Committee for 
    consideration and could be included in a future rulemaking.
        The third commenter was concerned about the use of the word 
    ``clean'' in the ``U.S. S. Enteritidis Clean'' classification. 
    Specifically, he stated that the word ``clean'' in the classification 
    would lead one to believe that a flock classified as such is negative 
    for Salmonella enteritidis serotype Enteritidis (SE), but the testing 
    procedures within the classification allow a flock with an SE-positive 
    environment and one SE-positive bird from a 25-bird sample to still be 
    eligible for ``clean'' status if no SE was recovered from a second 25-
    bird sample. To the commenter, the SE-positive environment and bird 
    were indicative of at least low levels of SE infection in the flock, 
    even if no SE was recovered from a second 25-bird sample. The commenter 
    concluded that the classification of a flock from which SE has been 
    isolated from an environmental sample or in which one bird has been 
    found to be SE-positive as ``U.S. S. Enteritidis Clean'' is misleading 
    and could result in the spread of SE through infected chicks.
        As we stated in the proposed rule, the introductory text of 
    Sec. 145.33(h) provides that the ``U.S. S. Enteritidis Clean'' 
    classification is intended for primary meat-type breeders who wish to 
    assure their customers that the chicks produced are certified free of 
    SE; the ``clean'' designation does not mean that the entire flock has 
    been conclusively shown to be negative for SE. The regulations in 
    Sec. 145.33(h) require that environmental samples be collected once the 
    flock reaches 4 months of age, then every 30 days thereafter. If SE is 
    isolated from an environmental sample, 25 randomly selected birds from 
    the flock must be bacteriologically examined for SE. If only one of the 
    25 birds is found positive for SE, there is the possibility that there 
    was some cross-contamination in the laboratory that conducted the 
    tests. For that reason, we included the provision that allows the Plan 
    participant to request the bacteriological examination of a second 25-
    bird sample if only one bird from the first sample was SE-positive. The 
    testing of a 25-bird sample is not the only action that must be taken 
    after SE is isolated in an environmental sample, however; the 
    regulations also require that blood samples from 300 birds be 
    officially tested with pullorum antigen every 30 days with no positive 
    samples found. We believe that this monthly serologic testing of at 
    least 300 birds will be sufficient to detect the low levels of SE 
    infection that the commenter feared might remain undetected through the 
    testing of 25 or 50 birds, so we have made no change in this final rule 
    based on that comment.
        Therefore, based on the rationale set forth in the proposed rule 
    and in this document, we are adopting the provisions of the proposal as 
    a final rule, with the changes discussed in this document and other 
    minor changes for clarity and consistency and to correct typographical 
    errors.
    
    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 30th and 
    31st Biennial Conferences. The changes will keep the provisions of the 
    Plan current with changes in the poultry industry, reduce paperwork 
    requirements for some Plan participants, establish new program 
    classifications, and allow the use of new sampling and laboratory 
    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. Several of the 
    recommendations in this rule, such as the serological sampling of male 
    meat-type birds for pullorum-typhoid and the use of fishmeal as a 
    protein source, are already practiced by the industry. Other changes, 
    such as the addition of a laboratory protocol for the bacteriological 
    examination of baby chicks, provide guidelines for practices that may 
    not currently be in use but are recognized as being potentially 
    beneficial for the industry. In all cases, the changes have been 
    generated by the industry itself with the goal of reducing disease risk 
    and increasing product marketability.
    
    [[Page 11517]]
    
        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.
        The only change in this document that will entail additional costs 
    for some producers is the creation of the ``U.S. S. Enteritidis Clean'' 
    classification for primary meat-type chicken breeding flocks. However, 
    we expect that any additional costs associated with the new 
    classification will be slight in comparison to the expected increase in 
    U.S. poultry exports, particularly to countries that require strict 
    Salmonella enteritidis testing of poultry.
        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 12778
    
        This rule has been reviewed under Executive Order 12778, 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
    
        In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
    3501 et seq.), the information collection or recordkeeping requirements 
    included in this rule have been approved by the Office of Management 
    and Budget (OMB) under OMB control number 0579-0007.
    
    List of Subjects
    
    9 CFR Part 82
    
        Animal diseases, Poultry and poultry products, Quarantine, 
    Reporting and recordkeeping requirements, Transportation.
    
    9 CFR Parts 145 and 147
    
        Animal diseases, Poultry and poultry products, Reporting and 
    recordkeeping requirements.
    
        Accordingly, 9 CFR parts 82, 145, and 147 are amended as follows:
    
    PART 82--EXOTIC NEWCASTLE DISEASE IN ALL BIRDS AND POULTRY: 
    PSITTACOSIS AND ORNITHOSIS IN POULTRY: POULTRY DISEASE CAUSED BY 
    SALMONELLA ENTERITIDIS SEROTYPE ENTERITIDIS
    
        1. The authority citation for part 82 is revised to read as 
    follows:
    
        Authority: 21 U.S.C. 111-113, 115, 117, 120, 123-126, 134a, 
    134b, and 134f; 7 CFR 2.18, 2.22, 2.53, 2.80, and 371.2(d).
    
    
    Sec. 82.30  [Amended]
    
        2. In Sec. 82.30, in the definition of certified Salmonella 
    enteritidis serotype enteritidis tested free flocks, the words 
    ``Sanitation Monitored'' are removed and the words ``S. Enteritidis 
    Monitored'' added in their place.
    
    
    Sec. 82.34  [Amended]
    
        3. In Sec. 82.34, the words ``Sanitation Monitored'' are removed 
    and the words ``S. Enteritidis Monitored'' added in their place.
    
    PART 145--NATIONAL POULTRY IMPROVEMENT PLAN
    
        4. 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).
    
        5. In Sec. 145.10, paragraphs (g) and (h) are revised and new 
    paragraphs (m) and (n) are added to read as follows:
    
    
    Sec. 145.10  Terminology and classification; flocks, products, and 
    States.
    
    * * * * *
        (g) U.S. Pullorum-Typhoid Clean State. (See Sec. 145.24(a), 
    Sec. 145.34(a), Sec. 145.44(a), and Sec. 145.54(a).)
    
    BILLING CODE 3410-34-P
    
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    [GRAPHIC] [TIFF OMITTED] TR21MR96.000
    
    
    
    BILLING CODE 3410-34-C
        (h) U.S. Pullorum-Typhoid Clean State, Turkeys. (See 
    Sec. 145.44(b).)
    
    BILLING CODE 3410-34-P
    [GRAPHIC] [TIFF OMITTED] TR21MR96.001
    
    
    
    [[Page 11519]]
    
    BILLING CODE 3410-34-C
    * * * * *
        (m) U.S. S. Enteritidis Clean. (See Sec. 145.33(h).)
    
    BILLING CODE 3410-34-P
    [GRAPHIC] [TIFF OMITTED] TR21MR96.002
    
    
    BILLING CODE 3410-34-C
        (n) U.S. M. Synoviae Clean State, Turkeys. (See Sec. 145.44(d).)
    
    BILLING CODE 3410-34-P
    [GRAPHIC] [TIFF OMITTED] TR21MR96.003
    
    
    BILLING CODE 3410-34-C
        6. Section 145.14 is amended by revising the introductory text 
    immediately after the third sentence (which ends with the words ``in 
    the house'') to read as follows:
    
    
    Sec. 145.14  Blood testing.
    
        * * * The ratio of male to female birds in representative samples 
    of birds from meat-type chicken, waterfowl,
    
    [[Page 11520]]
    exhibition poultry, and game bird flocks must be the same as the ratio 
    of male to female birds in the flock. In houses containing fewer than 
    30 birds, all birds in the house must be tested.
    * * * * *
        7. Section 145.23 is amended as follows:
        a. Paragraph (c)(1)(i) is amended by removing the words ``with the 
    approval of the Official State Agency and the concurrence of the 
    Service, provided that a minimum'' and adding the words ``if all pens 
    are equally represented and a total'' in their place.
        b. Paragraph (c)(1)(ii)(A) is revised to read as set forth below.
        c. In paragraph (d)(1)(vii), the first sentence is revised to read 
    as set forth below.
        d. Paragraph (e)(1)(i) is amended by removing the words ``, with 
    the approval of the Official State Agency and the concurrence of the 
    Service, provided that a minimum'' and adding the words ``if all pens 
    are equally represented and a total'' in their place.
        e. Paragraph (e)(1)(ii)(A) is revised to read as set forth below.
    
    
    Sec. 145.23  Terminology and classification; flocks and products.
    
    * * * * *
        (c) * * *
        (1) * * *
        (ii) * * *
        (A) At intervals of not more than 90 days, 75 birds from the flock 
    shall be tested, Provided, that fewer than 75 birds from the flock may 
    be tested at any one time if all pens are equally represented and a 
    total of at least 75 birds from the flock is tested within each 90-day 
    period; or
    * * * * *
        (d) * * *
        (1) * * *
        (vii) Blood samples from 300 non-vaccinated birds as described in 
    paragraph (d)(1)(vi) of this section shall be tested with either 
    pullorum antigen or by a federally licensed Salmonella enteritidis 
    enzyme-linked immunosorbent assay (ELISA) test when the flock is more 
    than 4 months of age. * * *
    * * * * *
        (e) * * *
        (1) * * *
        (ii) * * *
        (A) At intervals of not more than 90 days, 75 birds from the flock 
    shall be tested: Provided, That fewer than 75 birds from the flock may 
    be tested at any one time if all pens are equally represented and a 
    total of at least 75 birds from the flock is tested within each 90-day 
    period; or
    * * * * *
        8. Section 145.33 is amended as follows:
        a. Paragraph (c)(1)(i) is amended by removing the words ``with the 
    approval of the Official State Agency and the concurrence of the 
    Service, provided that a minimum'' and adding the words ``if all pens 
    are equally represented and a total'' in their place.
        b. Paragraph (c)(1)(ii)(A) is revised to read as set forth below.
        c. In paragraph (d)(1)(iii), the first sentence is amended by 
    removing the word ``should'' and adding the word ``shall'' in its 
    place, and by adding the words ``or the Fishmeal Inspection Program of 
    the National Marine Fisheries Service'' immediately before the period.
        d. Paragraph (d)(1)(iv) is amended by removing the word ``should'' 
    and adding the word ``shall'' in its place, and by adding the words 
    ``or the Fishmeal Inspection Program of the National Marine Fisheries 
    Service'' immediately before the semicolon.
        e. Paragraph (e)(1)(i) is amended by removing the words ``, with 
    the approval of the Official State Agency and the concurrence of the 
    Service, provided that a minimum'' and adding the words ``if all pens 
    are equally represented and a total'' in their place.
        f. Paragraph (e)(1)(ii)(A) is revised to read as set forth below.
        g. A new paragraph (h) is added to read as set forth below.
    
    
    Sec. 145.33  Terminology and classification; flocks and products.
    
    * * * * *
        (c) * * *
        (1) * * *
        (ii) * * *
        (A) At intervals of not more than 90 days, 75 birds from the flock 
    shall be tested, Provided, That fewer than 75 birds from the flock may 
    be tested at any one time if all pens are equally represented and a 
    total of at least 75 birds from the flock is tested within each 90-day 
    period; or
    * * * * *
        (e) * * *
        (1) * * *
        (ii) * * *
        (A) At intervals of not more than 90 days, 75 birds from the flock 
    shall be tested: Provided, That fewer than 75 birds from the flock may 
    be tested at any one time if all pens are equally represented and a 
    total of at least 75 birds from the flock is tested within each 90-day 
    period; or
    * * * * *
        (h) U.S. S. Enteritidis Clean. This classification is intended for 
    primary meat-type breeders wishing to assure their customers that the 
    chicks produced are certified free of Salmonella enteritidis.
        (1) A flock and the hatching eggs and chicks produced from it shall 
    be eligible for this classification if they meet the following 
    requirements, as determined by the Official State Agency:
        (i) The flock originated from a U.S. S. Enteritidis Clean flock, or 
    meconium from the chicks and a sample of chicks that died within 7 days 
    after hatching have been examined bacteriologically for S. enteritidis 
    at an authorized laboratory and any group D salmonella samples have 
    been serotyped.
        (ii) All feed fed to the flock meets the following requirements:
        (A) Pelletized feed contains either no animal protein or only 
    animal protein products produced under the Animal Protein Products 
    Industry (APPI) Salmonella Education/Reduction Program or the Fishmeal 
    Inspection Program of the National Marine Fisheries Service. 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 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;
        (B) Mash feed contains either no animal protein or only animal 
    protein product supplements manufactured in pellet form and crumbled; 
    and
        (C) All feed is stored and transported in such a manner as to 
    prevent possible contamination.
        (iii) The flock is maintained in compliance with Secs. 147.21, 
    147.24(a), and 147.26 of this chapter.
        (iv) Environmental samples, as described in Sec. 147.12 of this 
    chapter, are collected from the flock by an Authorized Agent when the 
    flock reaches 4 months of age and every 30 days thereafter. The 
    environmental samples shall be examined bacteriologically for group D 
    salmonella at an authorized laboratory, and cultures from group D 
    positive samples shall be serotyped.
        (v) Blood samples from 300 birds from the flock are officially 
    tested with pullorum antigen when the flock is at least 4 months of 
    age. All birds with positive or inconclusive reactions, up to a maximum 
    of 25 birds, shall be submitted to an authorized laboratory and 
    examined for the presence of group D salmonella in accordance with 
    Secs. 147.10 and 147.11 of this chapter. Cultures from group D positive 
    samples shall be serotyped.
        (vi) Hatching eggs produced by the flock are collected as quickly 
    as possible, are handled as described in
    
    [[Page 11521]]
    Sec. 147.22 of this chapter, and are sanitized or fumigated.
        (vii) Hatching eggs produced by the flock are incubated in a 
    hatchery that is in compliance with the recommendations in Secs. 147.23 
    and 147.24(b) of this chapter, and the hatchery must have been 
    sanitized either by a procedure approved by the Official State Agency 
    or by fumigation.
        (2) If Salmonella enteritidis serotype Enteritidis (SE) is isolated 
    from a specimen taken from a bird in the flock, except as provided in 
    paragraph (h)(3) of this section, the flock shall not be eligible for 
    this classification.
        (3) If SE is isolated from an environmental sample collected from 
    the flock in accordance with in paragraph (h)(1)(iv) of this section, 
    25 randomly selected live birds from the flock must be 
    bacteriologically examined for SE as described in Sec. 147.11 of this 
    chapter. If only one bird from the 25-bird sample is found positive for 
    SE, the participant may request bacteriological examination of a second 
    25-bird sample from the flock. If no SE is recovered from any of the 
    specimens in the second sample, the flock will be eligible for the 
    classification and will remain eligible for this classification if the 
    flock is tested in accordance with paragraph (h)(1)(v) of this section 
    each 30 days and no positive samples are found.
        (4) In order for a hatchery to sell products of this 
    classification, all products handled by the hatchery must meet the 
    requirements of this paragraph.
        (5) This classification may be revoked by the Official State Agency 
    if the participant fails to follow recommended corrective measures. The 
    Official State Agency shall not revoke the participant's classification 
    until the participant has been given an opportunity for a hearing in 
    accordance with rules of practice adopted by the Official State Agency. 
    (Approved by the Office of Management and Budget under control number 
    0579-0007)
    
    
    Sec. 145.43  [Amended]
    
        9. In Sec. 145.43, paragraph (f)(3)(ii) is amended by adding the 
    words ``or the Fishmeal Inspection Program of the National Marine 
    Fisheries Service'' immediately before the period.
        10. In Sec. 145.44, a new paragraph (d) is added to read as 
    follows:
    
    
    Sec. 145.44  Terminology and classification; States.
    
    * * * * *
        (d) U.S. M. Synoviae Clean State, Turkeys. (1) A State will be 
    declared a U.S. M. Synoviae Clean State, Turkeys, if the Service 
    determines that:
        (i) No Mycoplasma synoviae is known to exist nor to have existed in 
    turkey breeding flocks in production within the State during the 
    preceding 12 months;
        (ii) All turkey breeding flocks in production are tested and 
    classified as U.S. M. Synoviae Clean or have met equivalent 
    requirements for M. synoviae control under official supervision;
        (iii) All turkey hatcheries within the State only handle products 
    that are classified as U.S. M. Synoviae Clean or have met equivalent 
    requirements for M. synoviae control under official supervision;
        (iv) All shipments of products from turkey breeding flocks other 
    than those classified as U.S. M. Synoviae Clean, or equivalent, into 
    the State are prohibited;
        (v) All persons performing poultry disease diagnostic services 
    within the State are required to report to the Official State Agency 
    within 48 hours the source of all turkey specimens that have been 
    identified as being infected with M. synoviae;
        (vi) All reports of M. synoviae infection in turkeys are promptly 
    followed by an investigation by the Official State Agency to determine 
    the origin of the infection; and
        (vii) All turkey breeding flocks found to be infected with M. 
    synoviae are quarantined until marketed under supervision of the 
    Official State Agency.
        (2) The Service may revoke the State's classification as a U.S. M. 
    Synoviae Clean State, Turkeys, if any of the conditions described in 
    paragraph (d)(1) of this section are discontinued. The Service shall 
    not revoke the State's classification as a U.S. M. Synoviae Clean 
    State, Turkeys, until it has conducted an investigation and the 
    Official State Agency has been given an opportunity for a hearing in 
    accordance with rules of practice adopted by the Administrator of the 
    Service.
        11. In Sec. 145.52, a new paragraph (c) is added to read as 
    follows:
    
    
    Sec. 145.52  Participation.
    
    * * * * *
        (c) Subject to the approval of the Service and the Official State 
    Agencies in the importing and exporting States, participating flocks 
    may report poultry sales to importing States by using printouts of 
    computerized monthly shipping and receiving reports in lieu of VS Form 
    9-3, ``Report of Sales of Hatching Eggs, Chicks, and Poults.''
    
    PART 147--AUXILIARY PROVISIONS ON NATIONAL POULTRY IMPROVEMENT PLAN
    
        12. 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).
    
        13. In Sec. 147.5, footnote 4 is amended by removing the words 
    ``Animal and Plant Health Inspection Service, Veterinary Services, 
    Operational Support, 4700 River Road Unit 33, Riverdale, Maryland 
    20737-1231'' and adding the words ``National Poultry Improvement Plan, 
    Veterinary Services, APHIS, USDA, 1500 Klondike Road, Suite A-102, 
    Conyer, GA 30207'' in their place.
        14. Section 147.6 is amended as follows:
        a. In Sec. 147.6, paragraph (b)(2) is amended by adding two new 
    sentences at the end of the paragraph to read as set forth below.
        b. In paragraph (b)(8), the words ``on the retest'' are added 
    immediately after the word ``positive''.
    
    
    Sec. 147.6  Procedure for determining the status of flocks reacting to 
    tests for Mycoplasma gallisepticum, Mycoplasma synoviae, and Mycoplasma 
    meleagridis.
    
    * * * * *
        (b) * * *
        (2) * * * Provided, that for egg-type and meat-type chicken and 
    waterfowl, exhibition poultry, and game bird flocks, if more than 50 
    percent of the samples are positive for either Mycoplasma 
    gallisepticum, M. synoviae, or both, the HI and/or the SPD test shall 
    be conducted on 10 percent of the positive samples or 25 positive 
    samples, whichever is greater. The results of the HI and/or SPD tests 
    must be followed by the action prescribed in paragraphs (b)(3), (b)(4), 
    and (b)(5) of this section.
    * * * * *
        15. Section 147.11 is amended as follows:
        a. Paragraph (a)(3) is amended by adding a new sentence at the end 
    of the paragraph to read as set forth below.
        b. In paragraph (a)(4), the last sentence is amended by adding the 
    words ``and paragraph (a)(5) of this section'' immediately after the 
    words ``illustration 2'', and by adding the words ``, and a colony lift 
    assay to aid in the detection of group D salmonella colonies'' 
    immediately after the word ``XLT4''.
        c. Paragraph (a)(5) is revised as set forth below.
        d. At the end of paragraph (a)(6), illustration 2 is revised as set 
    forth below.
    
    
    Sec. 147.11  Laboratory procedure recommended for the bacteriological 
    examination of salmonella.
    
        (a) * * *
        (3) * * * As a supplemental procedure, a colony lift assay may also
    
    [[Page 11522]]
    be used as a screening test to aid in the detection of group D 
    salmonella suspect colonies on selective and nonselective agar culture 
    plates.
    * * * * *
        (5) As a supplement to the standard colony pick to triple sugar-
    iron (TSI) and lysine-iron (LI) agar slants, a group D colony lift 
    assay may be utilized to signal the presence of hard-to-detect group D 
    salmonella colonies on agar culture plates. A system such as the 
    Analytical Profile Index for Enterobacteriaceae (API) may also be 
    utilized to aid cultural identifications.
    * * * * *
    
    BILLING CODE 3410-34-P
          
    
    [[Page 11523]]
    [GRAPHIC] [TIFF OMITTED] TR21MR96.004
    
    
    
    BILLING CODE 3410-34-C
    
    [[Page 11524]]
    
    
    
    Secs. 147.12, 147.14, 147.15, and 147.16  [Amended]
    
        16. In Secs. 147.12, 147.14, 147.15, and 147.16, footnotes 11 
    through 21 and their references are redesignated as footnotes 12 
    through 22.
        17. Section 147.12 is amended as follows:
        a. Paragraphs (a) through (c) are redesignated as follows:
    
    ------------------------------------------------------------------------
                    Old section                          New section        
    ------------------------------------------------------------------------
    147.12(a), introductory text..............  147.12(b)(1).               
    147.12(a)(1)..............................  147.12(b)(1)(i).            
    147.12(a)(2)..............................  147.12(b)(1)(ii).           
    147.12(b), introductory text..............  147.12(b)(2).               
    147.12(b)(1)..............................  147.12(b)(2)(i).            
    147.12(c), introductory text..............  147.12(b)(3).               
    147.12(c)(1)..............................  147.12(b)(3)(i).            
    147.12(c)(2)..............................  147.12(b)(3)(ii).           
    147.12(c)(2)(i)...........................  147.12(b)(3)(ii)(A).        
    147.12(c)(2)(ii)..........................  147.12(b)(3)(ii)(B).        
    ------------------------------------------------------------------------
    
        b. A new paragraph (a) and an introductory paragraph (b) are added 
    to read as set forth below.
        c. In newly redesignated paragraph (b)(1), the introductory text of 
    the paragraph is amended by removing the reference ``(a)(1) or (2)'' 
    and replacing it with the reference ``(b)(1)(i) or (b)(1)(ii)''.
        d. In newly redesignated paragraph (b)(2), the introductory text of 
    the paragraph is amended by removing the reference ``(a)(1)'' and 
    replacing it with the reference ``(b)(2)(i)''.
        e. In newly redesignated paragraph (b)(3)(ii), the text of newly 
    redesignated footnote 12 is amended by removing the words ``Animal and 
    Plant Health Inspection Service, Veterinary Services, National Center 
    for Import-Export, 4700 River Road Unit 38, Riverdale, Maryland 20737-
    1231'' and adding the words ``National Poultry Improvement Plan, 
    Veterinary Services, APHIS, USDA, 1500 Klondike Road, Suite A-102, 
    Conyer, GA 30207'' in their place.
        f. A new paragraph (b)(2)(ii) is added and reserved.
    
    
    Sec. 147.12  Procedures for collecting environmental samples and 
    cloacal swabs for bacteriological examination.
    
    * * * * *
        (a) For egg- and meat-type chickens, waterfowl, exhibition poultry, 
    and game birds. All samples and swabs described in this paragraph shall 
    be cultured in accordance with illustration 2 of Sec. 147.11, including 
    delayed secondary enrichment. All salmonellae recovered shall be 
    serogrouped or serotyped.
        (1) Environmental samples. Fecal material, litter, dust, or floor 
    litter surface or nest box drag swab samples to be submitted for 
    bacteriological examination shall be collected in accordance with the 
    procedures described in paragraphs (a)(1), (a)(2), or (a)(3) of this 
    section:
        (i) Procedure for sampling in broth. Authorized laboratories will 
    provide capped tubes 1 to 2 cm in diameter and 15 to 20 cm in length 
    that are two-thirds full of a recently made, refrigerated, sterile 
    enrichment broth (Hajna or Mueller-Kauffmann Tetrathionate Brilliant 
    Green) for each sample. Sufficient tubes shall be taken to the premises 
    to provide at least one tube per pen or one tube per 500 birds, 
    whichever is greater. At least one sterile, cotton-tipped applicator 
    will be needed for each tube. The dry applicator is first placed in or 
    drawn through fresh manure (under roost, near water troughs, fecal 
    droppings, or diarrhetic droppings). After each streaking, place the 
    cotton-tipped applicator in the tube of broth and swirl the applicator 
    to remove the collected material. Withdraw the applicator from the tube 
    and use it to take additional specimens by streaking on or through 
    areas where defecation, trampling of feces, or settling of dust is 
    common; e.g., on or near waterers, feeders, nests, or rafters, etc. 
    When the volume of material collected equals approximately 10 percent 
    of the volume of the broth (usually 10-12 streakings), place the 
    applicator in the tube and break the stick in half, leaving the lower 
    or cotton-tipped half in the broth and retaining the upper half for 
    future disposal. Replace the cap on the inoculated tube and continue 
    the sampling procedure in other areas of the pen.
        (ii) Procedure for sampling in dry containers. Place a sample of 
    fecal material, litter, or dust in a sterile, sealable container. The 
    sample shall consist of several specimens of material taken from a 
    representative location in the pen or house. Collect at least 10 g 
    (approximately a heaping tablespoonful) of material for each sample. 
    Collect the specimens in each sample with a sterile tongue depressor or 
    similar uncontaminated instrument. The samples shall vary in type and 
    consistency. Half of the samples shall be comprised of material 
    representing defecated matter from a large portion of the flock; i.e., 
    trampled, caked material near waterers and feeders. The minimum number 
    of samples to be taken shall be determined by the following: Five 
    samples from pens or houses of up to 500 birds; Ten samples from pens 
    or houses of 500 to 2,500 birds; Fifteen samples from pens or houses 
    with more than 2,500 birds. The samples may be pooled to not fewer than 
    five samples at the laboratory as long as the volume of material 
    collected equals approximately 10 percent of the volume of the broth.
        (2) Cloacal swabs. Cloacal swabs for bacteriological examination 
    shall be taken from each bird in the flock or from a minimum of 500 
    birds in accordance with the procedure described in paragraph (a)(2)(i) 
    of this section.
        (i) Procedure for taking cloacal swabs. The authorized laboratory 
    will provide sterile capped tubes or other suitable containers and 
    cotton-tipped applicators for use in taking the cloacal swabs. Insert 
    the cotton-tipped applicator into the cloaca and rectum in such a 
    manner as to ensure the collection of fecal material. Place the swab 
    and adhering fecal material in the tube and break the stick in half, 
    keeping the upper half of the stick for future disposal. The cloacal 
    swabs may be combined in the sterile tubes in multiples of five or in 
    combinations specified by the authorized laboratory.
        (ii) [Reserved].
        (3) Drag-swabs. Utilization of drag swabs (DS) involves the 
    exposure of gauze pads, a key component of a DS sampler, to the surface 
    of random, flock-representative floor litter and nest box areas. The 
    sampler pads shall be sterile and slightly moist to promote adherence 
    of particulate material, and impregnated with double-strength skim milk 
    11 to protect salmonella viability during sample collection, 
    batching, storage, and shipment. Floor litter surface DS sample results 
    tend to reflect the salmonella carrier/shedder status of a flock. 
    Nonetheless, other environmental samples as described in paragraphs 
    (a)(1)(i), (a)(1)(ii), or (a)(3)(iv) of this section shall also be 
    periodically collected.
    
        \11\ Obtain procedure for preparing double strength skim milk 
    from USDA-APHIS ``Recommended Sample Collection Methods for 
    Environmental Samples,'' available from the National Poultry 
    Improvement Plan, Veterinary Services, APHIS, USDA, 1500 Klondike 
    Road, Suite A-102, Conyer, GA 30207.
    ---------------------------------------------------------------------------
    
        (i) Drag-swab sampler assembly. Drag-swab (DS) samplers may be 
    assembled using two 3- by 3-inch sterile gauze pads; size 20 wrapping 
    twine; and paper clips, staples, or similar fasteners. Fold each gauze 
    pad in half and attach one pad to a 2-foot-long (60 cm) piece of twine 
    and the other to a 1-foot-long (30 cm) piece of twine. To attach a pad 
    to the twine with a paper clip, bend the end wires of the paper clip 
    slightly and push them through the fabric of the folded pad, thus 
    securing the clips to the folded pads; then securely tie the twine to 
    the free rounded end of the paper clip. To attach a pad to the twine
    
    [[Page 11525]]
    with a staple, staple the twine to the pad near the center of the fold, 
    applying the staple at a right angle to the twine and parallel to the 
    fold. (A pre-tied knot in the free end of the twine will prevent the 
    twine from slipping under the staple during use.) Once the pads and the 
    twine have been attached, securely connect the free ends of both 
    lengths of twine to a small loop tied at the end of a 5-foot-long piece 
    of twine. The resulting assembly resembles the letter Y, with a long 
    vertical stem and two diagonal branches of different lengths with a 
    gauze pad securely attached to the end of each branch. Wrap the twine 
    around each two-pad DS sampler to produce a small bundle. Autoclave the 
    assembled DS sampler bundle and transfer it with sterile forceps or 
    other aseptic method to a resealable sterile bag. Aseptically add 15 mL 
    of double-strength skim milk to the bag and massage the milk into the 
    gauze pads. Seal the bags and store at -20  deg.C.
        (ii) Procedures and applications for DS samplers. DS samplers shall 
    be completely thawed prior to use. Complete pad/twine/fastener 
    assemblies shall be used to sample floor litter surfaces; nest box 
    surfaces may be sampled using 3- by 3-inch sterile gauze pads 
    impregnated with double-strength skim milk in the manner described in 
    paragraph (a)(1) of this section. In either instance, the Plan 
    participant collecting the samples shall wear a fresh pair of 
    disposable sterile gloves for each flock or house sampled. Each sampler 
    bag shall be marked with the type of sample (floor litter or nest box 
    surface) and the identity of the house or flock from which the sample 
    was taken.
        (iii) Floor litter sampling technique. For flocks with fewer than 
    500 breeders, at least one DS set (two DS pads) shall be dragged across 
    the floor litter surface for a minimum of 15 minutes. For flocks with 
    500 or more breeders, a minimum of two DS sets (four DS pads) shall be 
    dragged across the floor litter surface for a minimum of 15 minutes per 
    DS set. Upon completion of dragging, lower each DS pad by its attached 
    twine into a separate, resealable sterile bag. Alternatively, each DS 
    set of two pads may be lowered by its attached twine into the storage/
    transport bag from which the DS set was originally taken. Remove the 
    twine from the pad or DS set by grasping the pad or DS set through the 
    sides of the bag with one hand while pulling on the twine with the 
    other hand until the connection is broken. Seal the bags and promptly 
    refrigerate them to between 2 and 4 deg. C. Do not freeze. Discard the 
    twine in an appropriate disposal bag.
        (iv) Nest box sampling technique. The Plan participant shall 
    collect nest-box samples by using two 3- by 3-inch sterile gauze pads 
    premoistened with double-strength skim milk and wiping the pads over 
    assorted locations in about 10 percent of the total nesting area. Upon 
    completion, place each pad in a separate, resealable sterile bag. Seal 
    the bags and promptly refrigerate them to between 2 and 4 deg. C. Do 
    not freeze.
        (v) Culturing of litter surface and nest box samples. When 
    refrigerated to between 2 and 4 deg. C, pads impregnated with double-
    strength skim milk may be stored or batched for 5 to 7 days prior to 
    culturing. Pads shipped singly or paired in a single bag shall not be 
    pooled for culturing but shall be separately inoculated into 60 mL of 
    selective enrichment broth.
        (b) For turkeys. * * *
    * * * * *
        18. In Sec. 147.14, paragraph (a)(2)(ii) is revised to read as set 
    forth below.
    
    
    Sec. 147.14  Procedures to determine status and effectiveness of 
    sanitation monitored program.
    
    * * * * *
        (a) * * *
        (2) * * *
        (ii) Tetrathionate selective enrichment broths, competitor-
    controlling plating media (XLT4, BGN, etc.), delayed secondary 
    enrichment procedures, and colony lift assays detailed in paragraph 
    (a)(5) and illustration 2 of Sec. 147.11.
        19. A new Sec. 147.17 is added to subpart B to read as follows:
    
    
    Sec. 147.17  Laboratory procedure recommended for the bacteriological 
    examination of cull chicks for salmonella.
    
        The laboratory procedure described in this section is recommended 
    for the bacteriological examination of cull chicks from egg-type and 
    meat-type chicken flocks and waterfowl, exhibition poultry, and game 
    bird flocks for salmonella.
        (a) From 25 randomly selected 1- to 5-day-old chicks that have not 
    been placed in a brooding house, prepare 5 organ pools, 5 yolk pools, 
    and 5 intestinal tissue pools as follows:
        (1) Organ pool: From each of five chicks, composite and mince 1- to 
    2-gram samples of heart, lung, liver, and spleen tissues and the 
    proximal wall of the bursa of Fabricius.
        (2) Yolk pool: From each of five chicks, composite and mince 1- to 
    2-gram samples of the unabsorbed yolk sac or, if the yolk sac is 
    essentially absent, the entire yolk stalk remnant.
        (3) Intestinal pool: From each of five chicks, composite and mince 
    approximately 0.5 cm\2\ sections of the crop wall and 5-mm-long 
    sections of the duodenum, cecum, and ileocecal junction.
        (b) Transfer each pool to tetrathionate selective enrichment broth 
    (Hajna or Mueller-Kauffmann) at a ratio of 1 part tissue pool to 10 
    parts broth.
        (c) Repeat the steps in paragraphs (a) and (b) of this section for 
    each five-chick group until all 25 chicks have been examined, producing 
    a total of 15 pools (5 organ, 5 yolk, and 5 intestinal).
        (d) Culture the 15 tetrathionate pools as outlined for selective 
    enrichment in illustration 2 of Sec. 147.11. Incubate the organ and 
    yolk pools for 24 hours at 37  deg.C and the intestinal pools at 41.5 
    deg.C. Plate as described in illustration 2 of Sec. 147.11 and examine 
    after both 24 and 48 hours of incubation. Confirm suspect colonies as 
    described. Further culture all salmonella-negative tetrathionate broths 
    by delayed secondary enrichment procedures described for environmental, 
    organ, and intestinal samples in illustration 2 of Sec. 147.11. A 
    colony lift assay may also be utilized as a supplement to TSI and LI 
    agar picks of suspect colonies.
    
    
    Sec. 147.26  [Amended]
    
        20. In Sec. 147.26, in paragraph (a), the introductory text is 
    amended by removing the word ``and'' and by adding the words ``, U.S. 
    S. Enteritidis Monitored, and U.S. S. Enteritidis Clean'' immediately 
    before the word ``classifications''.
        21. In Sec. 147.43, the introductory text of paragraph (a) is 
    amended by adding two new sentences before the first sentence to read 
    as set forth below; by removing the words ``the Assistant Secretary of 
    Agriculture for Marketing and Inspection Services, or his/her 
    designee,''; and by removing the words ``and who shall be designated as 
    vice chairperson,''.
    
    
    Sec. 147.43  General Conference Committee.
    
        (a) The General Conference Committee Chairperson and the Vice 
    Chairperson shall be elected by the members of the General Conference 
    Committee. A representative of the Animal and Plant Health Inspection 
    Service will serve as Executive Secretary and will provide the 
    necessary staff support for the General Conference Committee. * * *
    * * * * *
        Done in Washington, DC, this 15th day of March 1996.
    Lonnie J. King,
    Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 96-6834 Filed 3-20-96; 8:45 am]
    BILLING CODE 3410-34-P
    
    

Document Information

Effective Date:
4/22/1996
Published:
03/21/1996
Department:
Animal and Plant Health Inspection Service
Entry Type:
Rule
Action:
Final rule.
Document Number:
96-6834
Dates:
April 22, 1996.
Pages:
11515-11525 (11 pages)
Docket Numbers:
Docket No. 94-091-2
PDF File:
96-6834.pdf
CFR: (19)
9 CFR 145.34(a)
9 CFR 145.44(b).)
9 CFR 82.30
9 CFR 82.34
9 CFR 145.10
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