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APHIS Bans Most Birds/Poultry & Products from Regions with Any HPAI Bird Flu

The Animal and Plant Health Inspection Service has issued an interim rule, effective January 24, 2011, which prohibits or restricts the importation of birds, poultry and their products from regions where any subtype of highly pathogenic avian influenza (HPAI) is considered to exist. APHIS is also adding restrictions concerning importation of live poultry and birds that have been vaccinated for certain types of avian influenza, or that have moved through regions where any subtype of HPAI is considered to exist.

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Comments on the interim rule and related issues (see below) are due by March 25, 2011.

Prohibitions Needed to Prevent Introduction of HPAI to U.S.

According to APHIS, HPAI is an extremely infectious and potentially fatal form of the disease in birds and poultry that, once established, can spread rapidly from flock to flock. APHIS says that the interim rule is necessary to prevent the introduction of HPAI into the U.S. (APHIS notes that its previous restrictions covered only the H5N1 subtype of avian influenza.)

Prohibits Live Birds/Poultry & Products from Regions with HPAI Subtypes

The interim rule prohibits the importation of live birds/poultry and their products, with certain exceptions, from regions where any subtype of HPAI is considered to exist. APHIS will maintain the list of regions where it considers HPAI of any subtype to exist on its website, instead of the Code of Federal Regulations (CFR).

Also Prohibits Live Birds Vaccinated for H5/H7, Those That Transit HPAI Regions

The interim rule also prohibits the entry of live birds or poultry that have been vaccinated for any H5 or H7 subtype of avian influenza. This prohibition also applies to hatching eggs1 that were laid by birds or poultry vaccinated for the H5 or H7 subtypes of avian influenza.

In addition, the interim rule prohibits the importation into the U.S. of live birds or poultry that transit regions where HPAI of any subtype is considered to exist.

Allows Meat/Carcasses from HPAI Subtype Regions if Cooked, Sealed, Etc.

Carcasses, or parts or products of carcasses, including meat, of poultry, game birds, or other birds, may be imported from regions where HPAI of any subtype is considered to exist as long as they are cooked in a certain manner; packed in hermetically sealed containers; and meet certain other requirements. (See interim rule for details.)

Certification Requirements Expanded

The interim rule also expands the certificate requirements of 9 CFR 93.205 to reflect the amendments described above. For example, all live poultry offered for importation from any region of the world must be accompanied by a certificate that states (in addition to other, existing requirements) that the poultry have not been vaccinated with a vaccine for the H5 or H7 subtype of avian influenza; have not been moved through a region identified as one where any form of HPAI exists; etc. (See interim rule for complete certification requirements for all affected live birds/poultry and their products.)

Comments Sought on Additional HPAI , END, and Table Egg Issues

APHIS states that in addition to seeking comment on the interim rule, there are several additional issues related to HPAI and exotic Newcastle disease (END) on which it would like to receive public comment. These are changes that APHIS believe would improve the effectiveness of its programs to prevent the introduction of HPAI, END, and other poultry diseases, but could not be included in the interim rule as there are no immediate risks associated with them that would justify immediate action.

For example, APHIS is considering listing the regions where END is considered to exist on the Web rather than in the CFR to speed its ability to update this list. APHIS is also seeking comment on whether and how to address risks associated with importing table eggs from regions where HPAI is considered to exist. (See interim rule for other issues.)

1Hatching eggs are eggs intended and used for hatching, and do not include embryonated eggs for consumption, such as balut eggs.

APHIS contact - Dr. Julia Punderson (301) 734-4356

(FR Pub 01/24/11, D/N APHIS-2006-0074)

APHIS press release, dated 01/24/11, available here.