APHIS Issues Interim Rule on Import Restrictions for Certain Birds and Bird Products Due to Avian Flu

APHIS is also amending its regulations to establish additional permit and quarantine requirements for U.S. origin pet birds and performing or theatrical birds and poultry returning to the U.S.

The following are highlights of the amendments made by this interim rule:

Regions where avian flu exists. A new 9 CFR 94.6(d) is added to state that avian flu is considered to exist in Cambodia, China, Indonesia, Japan, Laos, South Korea, Thailand, and Vietnam.

Carcasses/carcass products from regions where avian flu exists. A new 9 CFR 94.6(e) is added to state that carcasses, and parts or products of carcasses, of poultry, game birds, or other birds may be imported from a region where avian flu exists only if they are imported for scientific, educational, or research purposes and the Administrator has determined that the importation can be made under conditions that will prevent the introduction of avian flu into the U.S.

The articles must be accompanied by a permit obtained from APHIS prior to the importation in accordance with 9 CFR 94.6(f), and they must be moved and handled as specified on the permit to prevent the introduction of avian flu into the U.S.

Products/byproducts (including feathers) fromregions where avian flu exists. A new 9 CFR 95.30(a) is added to state that products or byproducts, including feathers, birds' nests, and bird trophies, of poultry, game birds, or other birds may be imported from a region listed in new 9 CFR 94.6(d) as a region where avian flu exists only if the Administrator has determined that the importation can be made under conditions that will prevent the introduction of avian flu into the U.S.

The articles must be accompanied by a permit obtained from APHIS prior to the importation in accordance with new 9 CFR 95.30(b) (which contains the contact information for applying for a permit) and they must be moved and handled as specified on the permit to prevent the introduction of avian flu into the U.S.

(APHIS sources have stated that pillows, jackets, comforters, etc. that contain feathers are not affected by this new regulation.)

Pet birds of U.S. origin.APHIS' interim rule amends 9 CFR Part 93 to require all pet birds of U.S. origin that have spent any length of time in a region reporting incidents of avian flu to undergo a 30-day quarantine at a U.S. Department of Agriculture (USDA) facility.

In addition, APHIS is requiring that all U.S. origin pet birds returning from any region, except for such birds returning from Canada and Mexico through a land border port, be accompanied by an import permit issued by APHIS.

Performing and theatrical birds and poultry of U.S. origin.APHIS' interim rule amends 9 CFR Part 93 to require U.S. origin performing or theatrical birds or poultry returning from any region, except for such birds or poultry returning from Canada or Mexico through a land border port, to be accompanied by an import permit.

APHIS states that it is also adding requirements that U.S. origin performing and theatrical poultry returning from regions where avian flu exists undergo a 30-day quarantine at a USDA facility. U.S. origin performing or theatrical birds or poultry returning from all other regions, except Canada or Mexico, must undergo a 30-day home quarantine.

(See ITT's Online Archives or 02/10/04 news, 04021020, for BP summary of the announcement of the temporary import ban on certain birds and bird products from 8 Southeast Asian countries. See ITT's Online Archives or 03/23/04 news, 04032310, for BP summary of the removal of Hong Kong from the temporary import ban on certain birds and bird products.)

- written comments must be received on or before July 9, 2004

APHIS interim rule (D/N 04-011-1, FR Pub 05/10/04) available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-10524.pdf