APHIS Proposes to Make Several Changes to Exotic Newcastle Disease Domestic Quarantine & Import Regulations

APHIS has concluded that the proposed changes are necessary based on its experiences during the eradication programs for the 2002-2003 outbreaks of END in California, Arizona, Nevada, and Texas. APHIS notes that in the event of an END outbreak, these changes would help to ensure that END does not spread from quarantined areas and that the disease is eradicated within quarantined areas.

(END is a contagious and fatal viral disease affecting the respiratory, nervous, and digestive systems of birds and poultry. APHIS states that a death rate of almost 100% can occur in unvaccinated poultry flocks, and END can infect and cause death even in vaccinated poultry.)

Highlights of APHIS' Proposed Changes to the END Quarantine Regulations

The following are highlights of certain proposed amendments to APHIS END domestic quarantine regulations at 9 CFR Parts 82 and 94 (partial list):

APHIS proposes clarifications with regard to birds imported for eventual resale as pet birds. APHIS states that the regulations in 9 CFR 82.5(a) governing the interstate movement of pet birds from a quarantined area are stricter than the regulations for other birds and poultry because pet bird owners typically do not practice biological security controls as restrictive as those that would be practiced at commercial facilities. Birds imported for eventual resale as pet birds, by contrast, are typically imported from and into biologically secure facilities; therefore, APHIS states they should be subject to the regulations in 9 CFR 82.5(b) governing the movement of other birds and poultry from a quarantined area.

To clarify this distinction, APHIS proposes to change the definition of pet birds and add a new definition of commercial birds in 9 CFR 82.1. The proposed definitions are modeled on the definitions of these terms in the regulations governing the importation of birds other than poultry in 9 CFR 93.100. The new definition of pet birds would read: "Birds, except ratites, that are kept for the personal pleasure of their individual owners and are not intended for resale.'' The new definition of commercial birds would read: "Birds that are moved or kept for resale, breeding, public display, or any other purpose, except pet birds.''

APHIS would also revise the heading of paragraph 9 CFR 82.5(b) to read "Other birds (including commercial birds) and poultry'' and revise the introductory text of paragraph (b) to explicitly indicate that commercial birds moved interstate must fulfill the requirements in paragraph (b).

APHIS proposes to prohibit importation of carcasses of game birds from regions where END is considered to exist. APHIS explains that it has reviewed 9 CFR 94.6(b)(1), which addresses the importation into the U.S. of carcasses of game birds from regions where END is considered to exist. This paragraph has allowed the carcasses of game birds to be imported into the U.S. as long as they are eviscerated and their heads and feet have been removed. APHIS now states that the importation of such carcasses poses a high risk of introducing END into the U.S. Accordingly, it proposes to remove and reserve paragraph 9 CFR 94.6(b)(1).

APHIS proposes quarantine option for certain pet birds. With regard to pet birds that are not known to be infected with or exposed to END, APHIS allows that such birds may be moved interstate from an area quarantined for END only if certain conditions are met. One of these conditions is that the birds have been under the ownership and control of the individual to whom their permit was issued for 90 days before movement.

APHIS is now proposing that in such cases where the owner has been in control of the bird(s) for less than 90 days, the pet birds could be moved out of the quanrantined area if they are moved directly to a USDA-approved quarantine facilty for a 30-day quarantine. Under APHIS' proposal, the owner would assume the costs of keeping their pet bird(s) in quarantine for the 30 day period.

Definition and new requirements added for "ratites." APHIS' proposed rule would add a new definition to 9 CFR 82.1 for "ratites" that would read "cassowaries, emus, kiwis, ostriches, and rheas." In addition, APHIS would amend its regulations to require that ratites be moved to slaughter under the same conditions under which live poultry are required to be moved. To accomplish this, APHIS would amend 9 CFR 82.5(b)(5) to indicate that ratites, as well as poultry, must be moved directly to slaughter when moved interstate from a quarantined area. APHIS regulations further provide that such birds must be moved to an approved slaughtering establishment and be slaughtered within 24 hours of arrival.

Dressed carcasses of domestic dead birds and dead poultry would be subject to similar requirements as such foreign birds/poultry. APHIS is proposing to replace the current restrictions on the movement of dressed carcasses from areas within the U.S. that are quarantined for END with restrictions that are substantively the same as those currently in place to prevent the introduction of END into the U.S. via bird and poultry carcasses and parts or products of carcasses that originate in regions specified in 9 CFR 94.6 where END is known to exist.

Among other things, this would require that the carcasses or parts or products of carcasses from poultry or other birds from areas within the U.S. that are quarantined for END be either (1) packed in hermetically sealed containers and cooked by a commercial method after packing to produce articles that are shelf-stable without refrigeration, or (2) cooked so that they have a thoroughly cooked appearance throughout, as determined by an inspector.

However, APHIS would add one provision to 9 CFR 82.6 that is not found in 94.6 in order to allow establishments within an area quarantined for END that process dressed carcasses to receive live poultry as long as there is complete separation between the slaughter portion of the establishment and the portions of the establishment in which further processing takes place.

(APHIS' proposed rule also contains proposals affecting manure and litter, eggs other than hatching eggs, hatching eggs, and the removal of quarantine from an area. See APHIS proposed rule for complete details of the proposed amendments and additions to 9 CFR Parts 82 and 94.)

APHIS Contact - Glenn Garris (301) 734-8073

APHIS Proposed Rule (D/N APHIS-2006-0036, FR Pub 03/27/06) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-2864.pdf