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APHIS Reopens Comment Period on HPAI Poultry Ban Interim Rule

The Animal and Plant Health Inspection Service is reopening the comment period for its interim rule, effective January 24, 2011, which prohibited or restricted the importation of birds, poultry and their products from regions where any subtype of highly pathogenic avian influenza (HPAI) is considered to exist. APHIS’ interim rule also imposed 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 Are Now Due by May 18, 2011

In order to allow interested persons additional time to prepare and submit comments, comments on the interim rule and related issues (see below) are now due by May 18, 2011 (the comment period previously closed on March 25, 2011).

APHIS notes that it will also consider all comments received between March 26, 2011 and the date of its notice reopening the comment period.

Highlights of APHIS Interim Rule

The following are highlights of Broker Power’s summary of APHIS’ interim rule (see ITT’s Online Archives or 01/24/11 news, 11012421, for detailed BP summary):

Live birds/poultry & products from regions with HPAI subtypes prohibited -- prohibited the importation of live birds/poultry and their products, with certain exceptions, from regions where any subtype of HPAI is considered to exist.

Also prohibited live birds vaccinated for H5/H7, those that transit HPAI regions - prohibited the entry of live birds or poultry that have been vaccinated for any H5 or H7 subtype of avian influenza. This prohibition also applied to hatching eggs1 that were laid by birds or poultry vaccinated for the H5 or H7 subtypes of avian influenza.

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

Meat/carcasses from HPAI subtype regions allowed 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 - expanded the certificate requirements of 9 CFR 93.205 to reflect the amendments described above. (See interim rule for complete certification requirements for all affected live birds/poultry and their products.)

Comments Also Sought on Additional HPAI, END & Table Egg Issues

In addition to seeking comment on the interim rule, there were several additional issues related to HPAI and exotic Newcastle disease (END) on which APHIS wanted to receive public comment. These are changes that APHIS believed 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 were no immediate risks associated with them that would justify immediate action.

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

APHIS press release available here

(FR Pub 05/03/11, D/N APHIS-2006-0074)