APHIS Interim Rule Imposes Avian Flu-Related Import Restrictions on Certain Birds and Bird Products from Malaysia
The Animal and Plant Health Inspection Service (APHIS) has issued an interim rule that amends 9 CFR 94.6(d) to adds Malaysia to the list of regions where the H5N1 subtype of highly pathogenic avian influenza (avian flu) is considered to exist, effective August 7, 2004.1
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In addition, to Malaysia, this list of regions includes: Cambodia, China (excluding Hong Kong), Indonesia, Japan, Laos, South Korea, Thailand, and Vietnam.
Requirements for Regions Where Avian Flu is Considered to Exist
On May 10, 2004, APHIS issued an interim rule that amended its regulations by creating the above-described list of regions where avian flu is known to exist and imposed certain import restrictions on certain birds and bird products from those regions. (See ITT's Online Archives or 05/14/04 news, 04051430, for BP summary of APHIS' May 2004 interim rule.)
The following are highlights of the restrictions imposed on products and birds/poultry from regions where avian flu exists by APHIS' May 2004 interim rule (partial list):
Carcasses/carcass products. 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, education, or research purposes and certain determinations and permits have been obtained, etc.
Products/byproducts (including feathers). Products or byproducts, including feathers, birds' nests, and bird trophies may be imported from regions listed in 9 CFR 94.6(d) only if certain APHIS determinations have been made and are accompanied by specified permits, etc.
(In February 2004, the U.S. Association of Importers of Textiles and Apparel (USA-ITA) reported that finished products such as down comforters, down pillows, and down-filled coats do not require a USDA permit or any certification. However, such articles may be subject to inspection when presented for entry. See ITT's Online Archives or 08/04/04 news, 04080499 3, for BP summary of the USA-ITA memo.)
Pet birds, performing & theatrical birds and poultry of U.S. origin. Certain pet birds, performing and theatrical birds/poultry of U.S. origin returning from regions where avian flu exists will be required to undergo quarantine at a USDA facility. The interim rule also contains certain permit and entry requirements for such birds/poultry.
August 7, 2004 is the date Malaysian veterinary authorities estimate to be the date of primary infection.
(See ITT's Online Archives or 10/05/04 news, 04100510, for BP summary of CDC's extension of a temporary avian influenza-related import ban to certain birds and bird products from Malaysia.)
-all comments received on or before April 4, 2005 will be considered
APHIS contact - Julie Garnier (301) 734-5677
APHIS Notice (D/N 04-091-1, FR Pub 02/01/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-1796.pdf