APHIS Interim Rule Imposes Bird Flu Restrictions on Certain Birds and Bird Products from Kazakhstan , Romania , Russia , Turkey , and Ukraine
The Animal and Plant Health Inspection Service (APHIS) has issued an interim rule that amends 9 CFR 94.6(d) to add Kazakhstan, Romania, Russia, Turkey, and Ukraine to the list of regions where the H5N1 subtype of highly pathogenic avian influenza (avian flu) is considered to exist, effective February 7, 2006.1
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In addition to these newly added countries, this list of regions includes: Cambodia, China (excluding Hong Kong), Indonesia, Japan, Laos, Malaysia, 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. See ITT's Online Archives or 07/05/05 news, 05070599 4, for BP summary of a technical amendment to this interim rule which specifies that the interim rule's additional restrictions apply to "unprocessed" carcasses. See ITT's Online Archives or 07/29/05 news, 05072999 8, for BP summary of APHIS decision to finalize this interim rule without change.)
The following are highlights of the restrictions imposed on products and birds/poultry from regions where avian flu exists by APHIS' final rule (partial list):
Unprocessed carcasses/carcass products. Unprocessed carcasses, and parts or products of unprocessed 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. This finalized interim rule also contains certain permit and entry requirements for such birds/poultry.
Although the Federal Register effective date of this interim rule is February 7, 2006, APHIS states that the interim rule was applicable on July 18, 2005, with respect to Russia; on July 22, 2005, with respect to Kazakhstan; on October 1, 2005, with respect to Turkey; on October 4, 2005, with respect to Romania; and on November 25, 2005, with respect to Ukraine. These days are what veterinary authorities estimate to be the dates of primary infection.
-all comments received on or before April 14, 2006 will be considered
APHIS contact - Julie Garnier (301) 734-5677
APHIS Notice (D/N APHIS-2006-0010, FR Pub 02/13/06) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-1303.pdf