National Poultry Improvement Plan and Auxiliary Provisions

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 82, 145, and 147

[Docket No. 94-091-2]

National Poultry Improvement Plan and Auxiliary Provisions

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the National Poultry Improvement Plan (the

Plan) and its auxiliary provisions by providing new or modified

administrative and testing procedures for Plan participants and

participating flocks. These changes, which were voted on and approved

by the voting delegates at the Plan's 1992 and 1994 National Plan

Conferences, will keep the provisions of the Plan current with changes

in the poultry industry, reduce paperwork requirements for some Plan

participants, establish new program classifications, and allow the use

of new sampling and laboratory procedures.

EFFECTIVE DATE: April 22, 1996.

FOR FURTHER INFORMATION CONTACT: Mr. Andrew R. Rhorer, Senior

Coordinator, Poultry Improvement Staff, National Poultry Improvement

Plan, Veterinary Services, APHIS, USDA, 1500 Klondike Road, Suite A-

102, Conyer, GA 30207; (404) 922-3496.

SUPPLEMENTARY INFORMATION:

Background

The National Poultry Improvement Plan (referred to below as ``the

Plan'') is a cooperative Federal-State-industry mechanism for

controlling certain poultry diseases. The Plan consists of a variety of

programs intended to prevent and control egg-transmitted, hatchery-

disseminated poultry diseases. Participation in all Plan programs is

voluntary, but flocks, hatcheries, and dealers must qualify as ``U.S.

Pullorum-Typhoid Clean'' before participating in any other Plan

program. Also, the regulations in 9 CFR part 82, subpart B, which

provide for certain testing, restrictions on movement, and other

restriction on certain chickens, eggs, and other articles due to the

presence of Salmonella enteritidis, require that no hatching eggs or

newly hatched chicks from egg-type chicken breeding flocks may be moved

interstate unless they are classified ``U.S. Sanitation Monitored''

under the Plan or they meet the requirements of a State classification

plan that the Administrator of the Animal and Plant Health Inspection

Service (APHIS) has determined to be equivalent to the Plan, in

accordance with 9 CFR 145.23(d).

The Plan identifies States, flocks, hatcheries, and dealers that

meet certain disease control standards specified in the Plan's various

programs. As a result, customers can buy poultry that has tested clean

of certain diseases or that has been produced under disease-prevention

conditions.

The regulations in 9 CFR parts 145 and 147 (referred to below as

the regulations) contain the provisions of the Plan. APHIS amends these

provisions from time to time to incorporate new scientific information

and technologies into the Plan.

On July 7, 1995, we published in the Federal Register (60 FR 35343-

35353, Docket No. 94-091-1) a proposal to amend the regulations to:

1. Require the ratio of male to female birds in representative

samples taken from certain flocks for pullorum-typhoid testing to

reflect the ratio of male to female birds in the flock from which the

sample was taken;

2. Alter the number of birds serologically monitored for Mycoplasma

gallisepticum and M. synoviae in egg-type and meat-type chicken

breeding flocks;

3. Allow the use of a federally licensed enzyme-linked

immunosorbent assay (ELISA) test for the serological screening of egg-

type chickens in the ``U.S. S. Enteritidis Monitored'' program;

4. Allow the use of fishmeal as an animal protein source for meat-

type breeding chickens and turkey breeding flocks;

5. Establish a new ``U.S. S. Enteritidis Clean'' classification for

primary meat-type chicken breeding flocks;

6. Establish a new ``U.S. M. Synoviae Clean State'' classification

for turkeys;

[[Page 11516]]

7. Provide alternative reporting methods for participating

waterfowl, exhibition poultry, and game bird flocks;

8. Establish a maximum number of positive samples for Mycoplasma

gallisepticum or M. synoviae to be examined using the hemagglutination

inhibition (HI) and/or serum plate dilution (SPD) tests;

9. Allow the use of a colony lift assay as a supplemental screening

test to aid in the detection of group D salmonella suspect colonies on

selective and non-selective agar culture plates;

10. Establish new procedures for collecting environmental samples

and cloacal swabs from egg-type and meat-type chicken flocks and

waterfowl, exhibition poultry, and game bird flocks for bacteriological

examination;

11. Provide a laboratory protocol for the bacteriological

examination of baby chicks from egg-type and meat-type chicken flocks

and waterfowl, exhibition poultry, and game bird flocks; and

12. Modify the composition of the Plan's General Conference

Committee.

We also proposed to amend several other sections of the regulations

to reflect the proposed changes discussed above or to reflect a change

made in a previously published final rule.

We solicited comments concerning our proposal for 60 days ending

September 5, 1995. We received three comments by that date. They were

from a State agriculture department, a college of veterinary medicine,

and a State egg quality assurance program. We carefully considered all

of the comments we received. They are discussed below.

One commenter pointed out that laboratory procedure for the

bacteriological examination of cull chicks should have specified that

the 25 randomly selected 1- to 5-day-old chicks must be chicks that

have not been housed with any other poultry. The commenter correctly

noted that the ``have not been housed'' provision was part of the

laboratory procedure that was approved by the voting delegates at the

Plan's 1994 National Plan Conference. We agree with the commenter and

acknowledge that the words in question were inadvertently omitted from

the text of the proposed rule. We have, therefore, added the words

``that have not been placed in a brooding house'' to paragraph (a) of

new Sec. 147.17.

Another commenter fully supported several specific aspects of the

proposed rule, including the addition of Sec. 147.17, the laboratory

procedure recommended for the bacteriological examination of cull

chicks for salmonella. The commenter particularly applauded the

inclusion of the bursa of Fabricius in the organ pool for such

examinations, and recommended that the other testing protocols in part

147 be amended to include the bursa of Fabricius in any organ pools

collected for examination. Because the commenter's suggested amendments

were not within the scope of the proposed rule, we cannot make such

changes in this final rule. However, the commenter's recommendation

will be forwarded to the Plan's General Conference Committee for

consideration and could be included in a future rulemaking.

The third commenter was concerned about the use of the word

``clean'' in the ``U.S. S. Enteritidis Clean'' classification.

Specifically, he stated that the word ``clean'' in the classification

would lead one to believe that a flock classified as such is negative

for Salmonella enteritidis serotype Enteritidis (SE), but the testing

procedures within the classification allow a flock with an SE-positive

environment and one SE-positive bird from a 25-bird sample to still be

eligible for ``clean'' status if no SE was recovered from a second 25-

bird sample. To the commenter, the SE-positive environment and bird

were indicative of at least low levels of SE infection in the flock,

even if no SE was recovered from a second 25-bird sample. The commenter

concluded that the classification of a flock from which SE has been

isolated from an environmental sample or in which one bird has been

found to be SE-positive as ``U.S. S. Enteritidis Clean'' is misleading

and could result in the spread of SE through infected chicks.

As we stated in the proposed rule, the introductory text of

Sec. 145.33(h) provides that the ``U.S. S. Enteritidis Clean''

classification is intended for primary meat-type breeders who wish to

assure their customers that the chicks produced are certified free of

SE; the ``clean'' designation does not mean that the entire flock has

been conclusively shown to be negative for SE. The regulations in

Sec. 145.33(h) require that environmental samples be collected once the

flock reaches 4 months of age, then every 30 days thereafter. If SE is

isolated from an environmental sample, 25 randomly selected birds from

the flock must be bacteriologically examined for SE. If only one of the

25 birds is found positive for SE, there is the possibility that there

was some cross-contamination in the laboratory that conducted the

tests. For that reason, we included the provision that allows the Plan

participant to request the bacteriological examination of a second 25-

bird sample if only one bird from the first sample was SE-positive. The

testing of a 25-bird sample is not the only action that must be taken

after SE is isolated in an environmental sample, however; the

regulations also require that blood samples from 300 birds be

officially tested with pullorum antigen every 30 days with no positive

samples found. We believe that this monthly serologic testing of at

least 300 birds will be sufficient to detect the low levels of SE

infection that the commenter feared might remain undetected through the

testing of 25 or 50 birds, so we have made no change in this final rule

based on that comment.

Therefore, based on the rationale set forth in the proposed rule

and in this document, we are adopting the provisions of the proposal as

a final rule, with the changes discussed in this document and other

minor changes for clarity and consistency and to correct typographical

errors.

Executive Order 12866 and Regulatory Flexibility Act

This rule has been reviewed under Executive Order 12866. The rule

has been determined to be not significant for the purposes of Executive

Order 12866 and, therefore, has not been reviewed by the Office of

Management and Budget.

The changes contained in this document are based on the

recommendations of representatives of member States, hatcheries,

dealers, flockowners, and breeders who took part in the Plan's 30th and

31st Biennial Conferences. The changes will keep the provisions of the

Plan current with changes in the poultry industry, reduce paperwork

requirements for some Plan participants, establish new program

classifications, and allow the use of new sampling and laboratory

procedures.

The Plan serves as a ``seal of approval'' for egg and poultry

producers in the sense that tests and procedures recommended by the

Plan are considered optimal for the industry. Several of the

recommendations in this rule, such as the serological sampling of male

meat-type birds for pullorum-typhoid and the use of fishmeal as a

protein source, are already practiced by the industry. Other changes,

such as the addition of a laboratory protocol for the bacteriological

examination of baby chicks, provide guidelines for practices that may

not currently be in use but are recognized as being potentially

beneficial for the industry. In all cases, the changes have been

generated by the industry itself with the goal of reducing disease risk

and increasing product marketability.

[[Page 11517]]

Because participation in the Plan is voluntary, individuals are

likely to remain in the program as long as the costs of implementing

the program are lower than the added benefits they receive from the

program.

The only change in this document that will entail additional costs

for some producers is the creation of the ``U.S. S. Enteritidis Clean''

classification for primary meat-type chicken breeding flocks. However,

we expect that any additional costs associated with the new

classification will be slight in comparison to the expected increase in

U.S. poultry exports, particularly to countries that require strict

Salmonella enteritidis testing of poultry.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action will

not have a significant economic impact on a substantial number of small

entities.

Executive Order 12372

This program/activity is listed in the Catalog of Federal Domestic

Assistance under No. 10.025 and is subject to Executive Order 12372,

which requires intergovernmental consultation with State and local

officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12778

This rule has been reviewed under Executive Order 12778, Civil

Justice Reform. This rule: (1) Preempts all State and local laws and

regulations that are in conflict with this rule; (2) has no retroactive

effect; and (3) does not require administrative proceedings before

parties may file suit in court challenging this rule.

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.

3501 et seq.), the information collection or recordkeeping requirements

included in this rule have been approved by the Office of Management

and Budget (OMB) under OMB control number 0579-0007.

List of Subjects

9 CFR Part 82

Animal diseases, Poultry and poultry products, Quarantine,

Reporting and recordkeeping requirements, Transportation.

9 CFR Parts 145 and 147

Animal diseases, Poultry and poultry products, Reporting and

recordkeeping requirements.

Accordingly, 9 CFR parts 82, 145, and 147 are amended as follows:

PART 82--EXOTIC NEWCASTLE DISEASE IN ALL BIRDS AND POULTRY:

PSITTACOSIS AND ORNITHOSIS IN POULTRY: POULTRY DISEASE CAUSED BY

SALMONELLA ENTERITIDIS SEROTYPE ENTERITIDIS

1. The authority citation for part 82 is revised to read as

follows:

Authority: 21 U.S.C. 111-113, 115, 117, 120, 123-126, 134a,

134b, and 134f; 7 CFR 2.18, 2.22, 2.53, 2.80, and 371.2(d).

Sec. 82.30 [Amended]

2. In Sec. 82.30, in the definition of certified Salmonella

enteritidis serotype enteritidis tested free flocks, the words

``Sanitation Monitored'' are removed and the words ``S. Enteritidis

Monitored'' added in their place.

Sec. 82.34 [Amended]

3. In Sec. 82.34, the words ``Sanitation Monitored'' are removed

and the words ``S. Enteritidis Monitored'' added in their place.

PART 145--NATIONAL POULTRY IMPROVEMENT PLAN

4. The authority citation for part 145 continues to read as

follows:

Authority: 7 U.S.C. 429; 7 CFR 2.22, 2.80, and 371.2(d).

5. In Sec. 145.10, paragraphs (g) and (h) are revised and new

paragraphs (m) and (n) are added to read as follows:

Sec. 145.10 Terminology and classification; flocks, products, and

States.

* * * * *

(g) U.S. Pullorum-Typhoid Clean State. (See Sec. 145.24(a),

Sec. 145.34(a), Sec. 145.44(a), and Sec. 145.54(a).)

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(h) U.S. Pullorum-Typhoid Clean State, Turkeys. (See

Sec. 145.44(b).)

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* * * * *

(m) U.S. S. Enteritidis Clean. (See Sec. 145.33(h).)

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(n) U.S. M. Synoviae Clean State, Turkeys. (See Sec. 145.44(d).)

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6. Section 145.14 is amended by revising the introductory text

immediately after the third sentence (which ends with the words ``in

the house'') to read as follows:

Sec. 145.14 Blood testing.

* * * The ratio of male to female birds in representative samples

of birds from meat-type chicken, waterfowl,

[[Page 11520]]

exhibition poultry, and game bird flocks must be the same as the ratio

of male to female birds in the flock. In houses containing fewer than

30 birds, all birds in the house must be tested.

* * * * *

7. Section 145.23 is amended as follows:

a. Paragraph (c)(1)(i) is amended by removing the words ``with the

approval of the Official State Agency and the concurrence of the

Service, provided that a minimum'' and adding the words ``if all pens

are equally represented and a total'' in their place.

b. Paragraph (c)(1)(ii)(A) is revised to read as set forth below.

c. In paragraph (d)(1)(vii), the first sentence is revised to read

as set forth below.

d. Paragraph (e)(1)(i) is amended by removing the words ``, with

the approval of the Official State Agency and the concurrence of the

Service, provided that a minimum'' and adding the words ``if all pens

are equally represented and a total'' in their place.

e. Paragraph (e)(1)(ii)(A) is revised to read as set forth below.

Sec. 145.23 Terminology and classification; flocks and products.

* * * * *

(c) * * *

(1) * * *

(ii) * * *

(A) At intervals of not more than 90 days, 75 birds from the flock

shall be tested, Provided, that fewer than 75 birds from the flock may

be tested at any one time if all pens are equally represented and a

total of at least 75 birds from the flock is tested within each 90-day

period; or

* * * * *

(d) * * *

(1) * * *

(vii) Blood samples from 300 non-vaccinated birds as described in

paragraph (d)(1)(vi) of this section shall be tested with either

pullorum antigen or by a federally licensed Salmonella enteritidis

enzyme-linked immunosorbent assay (ELISA) test when the flock is more

than 4 months of age. * * *

* * * * *

(e) * * *

(1) * * *

(ii) * * *

(A) At intervals of not more than 90 days, 75 birds from the flock

shall be tested: Provided, That fewer than 75 birds from the flock may

be tested at any one time if all pens are equally represented and a

total of at least 75 birds from the flock is tested within each 90-day

period; or

* * * * *

8. Section 145.33 is amended as follows:

a. Paragraph (c)(1)(i) is amended by removing the words ``with the

approval of the Official State Agency and the concurrence of the

Service, provided that a minimum'' and adding the words ``if all pens

are equally represented and a total'' in their place.

b. Paragraph (c)(1)(ii)(A) is revised to read as set forth below.

c. In paragraph (d)(1)(iii), the first sentence is amended by

removing the word ``should'' and adding the word ``shall'' in its

place, and by adding the words ``or the Fishmeal Inspection Program of

the National Marine Fisheries Service'' immediately before the period.

d. Paragraph (d)(1)(iv) is amended by removing the word ``should''

and adding the word ``shall'' in its place, and by adding the words

``or the Fishmeal Inspection Program of the National Marine Fisheries

Service'' immediately before the semicolon.

e. Paragraph (e)(1)(i) is amended by removing the words ``, with

the approval of the Official State Agency and the concurrence of the

Service, provided that a minimum'' and adding the words ``if all pens

are equally represented and a total'' in their place.

f. Paragraph (e)(1)(ii)(A) is revised to read as set forth below.

g. A new paragraph (h) is added to read as set forth below.

Sec. 145.33 Terminology and classification; flocks and products.

* * * * *

(c) * * *

(1) * * *

(ii) * * *

(A) At intervals of not more than 90 days, 75 birds from the flock

shall be tested, Provided, That fewer than 75 birds from the flock may

be tested at any one time if all pens are equally represented and a

total of at least 75 birds from the flock is tested within each 90-day

period; or

* * * * *

(e) * * *

(1) * * *

(ii) * * *

(A) At intervals of not more than 90 days, 75 birds from the flock

shall be tested: Provided, That fewer than 75 birds from the flock may

be tested at any one time if all pens are equally represented and a

total of at least 75 birds from the flock is tested within each 90-day

period; or

* * * * *

(h) U.S. S. Enteritidis Clean. This classification is intended for

primary meat-type breeders wishing to assure their customers that the

chicks produced are certified free of Salmonella enteritidis.

(1) A flock and the hatching eggs and chicks produced from it shall

be eligible for this classification if they meet the following

requirements, as determined by the Official State Agency:

(i) The flock originated from a U.S. S. Enteritidis Clean flock, or

meconium from the chicks and a sample of chicks that died within 7 days

after hatching have been examined bacteriologically for S. enteritidis

at an authorized laboratory and any group D salmonella samples have

been serotyped.

(ii) All feed fed to the flock meets the following requirements:

(A) Pelletized feed contains either no animal protein or only

animal protein products produced under the Animal Protein Products

Industry (APPI) Salmonella Education/Reduction Program or the Fishmeal

Inspection Program of the National Marine Fisheries Service. The

protein products must have a minimum moisture content of 14.5 percent

and must have been heated throughout to a minimum temperature of 190

deg.F, or to a minimum temperature of 165 deg.F for at least 20

minutes, or to a minimum temperature of 184 deg.F under 70 lbs.

pressure during the manufacturing process;

(B) Mash feed contains either no animal protein or only animal

protein product supplements manufactured in pellet form and crumbled;

and

(C) All feed is stored and transported in such a manner as to

prevent possible contamination.

(iii) The flock is maintained in compliance with Secs. 147.21,

147.24(a), and 147.26 of this chapter.

(iv) Environmental samples, as described in Sec. 147.12 of this

chapter, are collected from the flock by an Authorized Agent when the

flock reaches 4 months of age and every 30 days thereafter. The

environmental samples shall be examined bacteriologically for group D

salmonella at an authorized laboratory, and cultures from group D

positive samples shall be serotyped.

(v) Blood samples from 300 birds from the flock are officially

tested with pullorum antigen when the flock is at least 4 months of

age. All birds with positive or inconclusive reactions, up to a maximum

of 25 birds, shall be submitted to an authorized laboratory and

examined for the presence of group D salmonella in accordance with

Secs. 147.10 and 147.11 of this chapter. Cultures from group D positive

samples shall be serotyped.

(vi) Hatching eggs produced by the flock are collected as quickly

as possible, are handled as described in

[[Page 11521]]

Sec. 147.22 of this chapter, and are sanitized or fumigated.

(vii) Hatching eggs produced by the flock are incubated in a

hatchery that is in compliance with the recommendations in Secs. 147.23

and 147.24(b) of this chapter, and the hatchery must have been

sanitized either by a procedure approved by the Official State Agency

or by fumigation.

(2) If Salmonella enteritidis serotype Enteritidis (SE) is isolated

from a specimen taken from a bird in the flock, except as provided in

paragraph (h)(3) of this section, the flock shall not be eligible for

this classification.

(3) If SE is isolated from an environmental sample collected from

the flock in accordance with in paragraph (h)(1)(iv) of this section,

25 randomly selected live birds from the flock must be

bacteriologically examined for SE as described in Sec. 147.11 of this

chapter. If only one bird from the 25-bird sample is found positive for

SE, the participant may request bacteriological examination of a second

25-bird sample from the flock. If no SE is recovered from any of the

specimens in the second sample, the flock will be eligible for the

classification and will remain eligible for this classification if the

flock is tested in accordance with paragraph (h)(1)(v) of this section

each 30 days and no positive samples are found.

(4) In order for a hatchery to sell products of this

classification, all products handled by the hatchery must meet the

requirements of this paragraph.

(5) This classification may be revoked by the Official State Agency

if the participant fails to follow recommended corrective measures. The

Official State Agency shall not revoke the participant's classification

until the participant has been given an opportunity for a hearing in

accordance with rules of practice adopted by the Official State Agency.

(Approved by the Office of Management and Budget under control number

0579-0007)

Sec. 145.43 [Amended]

9. In Sec. 145.43, paragraph (f)(3)(ii) is amended by adding the

words ``or the Fishmeal Inspection Program of the National Marine

Fisheries Service'' immediately before the period.

10. In Sec. 145.44, a new paragraph (d) is added to read as

follows:

Sec. 145.44 Terminology and classification; States.

* * * * *

(d) U.S. M. Synoviae Clean State, Turkeys. (1) A State will be

declared a U.S. M. Synoviae Clean State, Turkeys, if the Service

determines that:

(i) No Mycoplasma synoviae is known to exist nor to have existed in

turkey breeding flocks in production within the State during the

preceding 12 months;

(ii) All turkey breeding flocks in production are tested and

classified as U.S. M. Synoviae Clean or have met equivalent

requirements for M. synoviae control under official supervision;

(iii) All turkey hatcheries within the State only handle products

that are classified as U.S. M. Synoviae Clean or have met equivalent

requirements for M. synoviae control under official supervision;

(iv) All shipments of products from turkey breeding flocks other

than those classified as U.S. M. Synoviae Clean, or equivalent, into

the State are prohibited;

(v) All persons performing poultry disease diagnostic services

within the State are required to report to the Official State Agency

within 48 hours the source of all turkey specimens that have been

identified as being infected with M. synoviae;

(vi) All reports of M. synoviae infection in turkeys are promptly

followed by an investigation by the Official State Agency to determine

the origin of the infection; and

(vii) All turkey breeding flocks found to be infected with M.

synoviae are quarantined until marketed under supervision of the

Official State Agency.

(2) The Service may revoke the State's classification as a U.S. M.

Synoviae Clean State, Turkeys, if any of the conditions described in

paragraph (d)(1) of this section are discontinued. The Service shall

not revoke the State's classification as a U.S. M. Synoviae Clean

State, Turkeys, until it has conducted an investigation and the

Official State Agency has been given an opportunity for a hearing in

accordance with rules of practice adopted by the Administrator of the

Service.

11. In Sec. 145.52, a new paragraph (c) is added to read as

follows:

Sec. 145.52 Participation.

* * * * *

(c) Subject to the approval of the Service and the Official State

Agencies in the importing and exporting States, participating flocks

may report poultry sales to importing States by using printouts of

computerized monthly shipping and receiving reports in lieu of VS Form

9-3, ``Report of Sales of Hatching Eggs, Chicks, and Poults.''

PART 147--AUXILIARY PROVISIONS ON NATIONAL POULTRY IMPROVEMENT PLAN

12. The authority citation for part 147 continues to read as

follows:

Authority: 7 U.S.C. 429; 7 CFR 2.22, 2.80, and 371.2(d).

13. In Sec. 147.5, footnote 4 is amended by removing the words

``Animal and Plant Health Inspection Service, Veterinary Services,

Operational Support, 4700 River Road Unit 33, Riverdale, Maryland

20737-1231'' and adding the words ``National Poultry Improvement Plan,

Veterinary Services, APHIS, USDA, 1500 Klondike Road, Suite A-102,

Conyer, GA 30207'' in their place.

14. Section 147.6 is amended as follows:

a. In Sec. 147.6, paragraph (b)(2) is amended by adding two new

sentences at the end of the paragraph to read as set forth below.

b. In paragraph (b)(8), the words ``on the retest'' are added

immediately after the word ``positive''.

Sec. 147.6 Procedure for determining the status of flocks reacting to

tests for Mycoplasma gallisepticum, Mycoplasma synoviae, and Mycoplasma

meleagridis.

* * * * *

(b) * * *

(2) * * * Provided, that for egg-type and meat-type chicken and

waterfowl, exhibition poultry, and game bird flocks, if more than 50

percent of the samples are positive for either Mycoplasma

gallisepticum, M. synoviae, or both, the HI and/or the SPD test shall

be conducted on 10 percent of the positive samples or 25 positive

samples, whichever is greater. The results of the HI and/or SPD tests

must be followed by the action prescribed in paragraphs (b)(3), (b)(4),

and (b)(5) of this section.

* * * * *

15. Section 147.11 is amended as follows:

a. Paragraph (a)(3) is amended by adding a new sentence at the end

of the paragraph to read as set forth below.

b. In paragraph (a)(4), the last sentence is amended by adding the

words ``and paragraph (a)(5) of this section'' immediately after the

words ``illustration 2'', and by adding the words ``, and a colony lift

assay to aid in the detection of group D salmonella colonies''

immediately after the word ``XLT4''.

c. Paragraph (a)(5) is revised as set forth below.

d. At the end of paragraph (a)(6), illustration 2 is revised as set

forth below.

Sec. 147.11 Laboratory procedure recommended for the bacteriological

examination of salmonella.

(a) * * *

(3) * * * As a supplemental procedure, a colony lift assay may also

[[Page 11522]]

be used as a screening test to aid in the detection of group D

salmonella suspect colonies on selective and nonselective agar culture

plates.

* * * * *

(5) As a supplement to the standard colony pick to triple sugar-

iron (TSI) and lysine-iron (LI) agar slants, a group D colony lift

assay may be utilized to signal the presence of hard-to-detect group D

salmonella colonies on agar culture plates. A system such as the

Analytical Profile Index for Enterobacteriaceae (API) may also be

utilized to aid cultural identifications.

* * * * *

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Secs. 147.12, 147.14, 147.15, and 147.16 [Amended]

16. In Secs. 147.12, 147.14, 147.15, and 147.16, footnotes 11

through 21 and their references are redesignated as footnotes 12

through 22.

17. Section 147.12 is amended as follows:

a. Paragraphs (a) through (c) are redesignated as follows:

------------------------------------------------------------------------

Old section New section

------------------------------------------------------------------------

147.12(a), introductory text.............. 147.12(b)(1).

147.12(a)(1).............................. 147.12(b)(1)(i).

147.12(a)(2).............................. 147.12(b)(1)(ii).

147.12(b), introductory text.............. 147.12(b)(2).

147.12(b)(1).............................. 147.12(b)(2)(i).

147.12(c), introductory text.............. 147.12(b)(3).

147.12(c)(1).............................. 147.12(b)(3)(i).

147.12(c)(2).............................. 147.12(b)(3)(ii).

147.12(c)(2)(i)........................... 147.12(b)(3)(ii)(A).

147.12(c)(2)(ii).......................... 147.12(b)(3)(ii)(B).

------------------------------------------------------------------------

b. A new paragraph (a) and an introductory paragraph (b) are added

to read as set forth below.

c. In newly redesignated paragraph (b)(1), the introductory text of

the paragraph is amended by removing the reference ``(a)(1) or (2)''

and replacing it with the reference ``(b)(1)(i) or (b)(1)(ii)''.

d. In newly redesignated paragraph (b)(2), the introductory text of

the paragraph is amended by removing the reference ``(a)(1)'' and

replacing it with the reference ``(b)(2)(i)''.

e. In newly redesignated paragraph (b)(3)(ii), the text of newly

redesignated footnote 12 is amended by removing the words ``Animal and

Plant Health Inspection Service, Veterinary Services, National Center

for Import-Export, 4700 River Road Unit 38, Riverdale, Maryland 20737-

1231'' and adding the words ``National Poultry Improvement Plan,

Veterinary Services, APHIS, USDA, 1500 Klondike Road, Suite A-102,

Conyer, GA 30207'' in their place.

f. A new paragraph (b)(2)(ii) is added and reserved.

Sec. 147.12 Procedures for collecting environmental samples and

cloacal swabs for bacteriological examination.

* * * * *

(a) For egg- and meat-type chickens, waterfowl, exhibition poultry,

and game birds. All samples and swabs described in this paragraph shall

be cultured in accordance with illustration 2 of Sec. 147.11, including

delayed secondary enrichment. All salmonellae recovered shall be

serogrouped or serotyped.

(1) Environmental samples. Fecal material, litter, dust, or floor

litter surface or nest box drag swab samples to be submitted for

bacteriological examination shall be collected in accordance with the

procedures described in paragraphs (a)(1), (a)(2), or (a)(3) of this

section:

(i) Procedure for sampling in broth. Authorized laboratories will

provide capped tubes 1 to 2 cm in diameter and 15 to 20 cm in length

that are two-thirds full of a recently made, refrigerated, sterile

enrichment broth (Hajna or Mueller-Kauffmann Tetrathionate Brilliant

Green) for each sample. Sufficient tubes shall be taken to the premises

to provide at least one tube per pen or one tube per 500 birds,

whichever is greater. At least one sterile, cotton-tipped applicator

will be needed for each tube. The dry applicator is first placed in or

drawn through fresh manure (under roost, near water troughs, fecal

droppings, or diarrhetic droppings). After each streaking, place the

cotton-tipped applicator in the tube of broth and swirl the applicator

to remove the collected material. Withdraw the applicator from the tube

and use it to take additional specimens by streaking on or through

areas where defecation, trampling of feces, or settling of dust is

common; e.g., on or near waterers, feeders, nests, or rafters, etc.

When the volume of material collected equals approximately 10 percent

of the volume of the broth (usually 10-12 streakings), place the

applicator in the tube and break the stick in half, leaving the lower

or cotton-tipped half in the broth and retaining the upper half for

future disposal. Replace the cap on the inoculated tube and continue

the sampling procedure in other areas of the pen.

(ii) Procedure for sampling in dry containers. Place a sample of

fecal material, litter, or dust in a sterile, sealable container. The

sample shall consist of several specimens of material taken from a

representative location in the pen or house. Collect at least 10 g

(approximately a heaping tablespoonful) of material for each sample.

Collect the specimens in each sample with a sterile tongue depressor or

similar uncontaminated instrument. The samples shall vary in type and

consistency. Half of the samples shall be comprised of material

representing defecated matter from a large portion of the flock; i.e.,

trampled, caked material near waterers and feeders. The minimum number

of samples to be taken shall be determined by the following: Five

samples from pens or houses of up to 500 birds; Ten samples from pens

or houses of 500 to 2,500 birds; Fifteen samples from pens or houses

with more than 2,500 birds. The samples may be pooled to not fewer than

five samples at the laboratory as long as the volume of material

collected equals approximately 10 percent of the volume of the broth.

(2) Cloacal swabs. Cloacal swabs for bacteriological examination

shall be taken from each bird in the flock or from a minimum of 500

birds in accordance with the procedure described in paragraph (a)(2)(i)

of this section.

(i) Procedure for taking cloacal swabs. The authorized laboratory

will provide sterile capped tubes or other suitable containers and

cotton-tipped applicators for use in taking the cloacal swabs. Insert

the cotton-tipped applicator into the cloaca and rectum in such a

manner as to ensure the collection of fecal material. Place the swab

and adhering fecal material in the tube and break the stick in half,

keeping the upper half of the stick for future disposal. The cloacal

swabs may be combined in the sterile tubes in multiples of five or in

combinations specified by the authorized laboratory.

(ii) [Reserved].

(3) Drag-swabs. Utilization of drag swabs (DS) involves the

exposure of gauze pads, a key component of a DS sampler, to the surface

of random, flock-representative floor litter and nest box areas. The

sampler pads shall be sterile and slightly moist to promote adherence

of particulate material, and impregnated with double-strength skim milk

11 to protect salmonella viability during sample collection,

batching, storage, and shipment. Floor litter surface DS sample results

tend to reflect the salmonella carrier/shedder status of a flock.

Nonetheless, other environmental samples as described in paragraphs

(a)(1)(i), (a)(1)(ii), or (a)(3)(iv) of this section shall also be

periodically collected.

\11\ Obtain procedure for preparing double strength skim milk

from USDA-APHIS ``Recommended Sample Collection Methods for

Environmental Samples,'' available from the National Poultry

Improvement Plan, Veterinary Services, APHIS, USDA, 1500 Klondike

Road, Suite A-102, Conyer, GA 30207.

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(i) Drag-swab sampler assembly. Drag-swab (DS) samplers may be

assembled using two 3- by 3-inch sterile gauze pads; size 20 wrapping

twine; and paper clips, staples, or similar fasteners. Fold each gauze

pad in half and attach one pad to a 2-foot-long (60 cm) piece of twine

and the other to a 1-foot-long (30 cm) piece of twine. To attach a pad

to the twine with a paper clip, bend the end wires of the paper clip

slightly and push them through the fabric of the folded pad, thus

securing the clips to the folded pads; then securely tie the twine to

the free rounded end of the paper clip. To attach a pad to the twine

[[Page 11525]]

with a staple, staple the twine to the pad near the center of the fold,

applying the staple at a right angle to the twine and parallel to the

fold. (A pre-tied knot in the free end of the twine will prevent the

twine from slipping under the staple during use.) Once the pads and the

twine have been attached, securely connect the free ends of both

lengths of twine to a small loop tied at the end of a 5-foot-long piece

of twine. The resulting assembly resembles the letter Y, with a long

vertical stem and two diagonal branches of different lengths with a

gauze pad securely attached to the end of each branch. Wrap the twine

around each two-pad DS sampler to produce a small bundle. Autoclave the

assembled DS sampler bundle and transfer it with sterile forceps or

other aseptic method to a resealable sterile bag. Aseptically add 15 mL

of double-strength skim milk to the bag and massage the milk into the

gauze pads. Seal the bags and store at -20 deg.C.

(ii) Procedures and applications for DS samplers. DS samplers shall

be completely thawed prior to use. Complete pad/twine/fastener

assemblies shall be used to sample floor litter surfaces; nest box

surfaces may be sampled using 3- by 3-inch sterile gauze pads

impregnated with double-strength skim milk in the manner described in

paragraph (a)(1) of this section. In either instance, the Plan

participant collecting the samples shall wear a fresh pair of

disposable sterile gloves for each flock or house sampled. Each sampler

bag shall be marked with the type of sample (floor litter or nest box

surface) and the identity of the house or flock from which the sample

was taken.

(iii) Floor litter sampling technique. For flocks with fewer than

500 breeders, at least one DS set (two DS pads) shall be dragged across

the floor litter surface for a minimum of 15 minutes. For flocks with

500 or more breeders, a minimum of two DS sets (four DS pads) shall be

dragged across the floor litter surface for a minimum of 15 minutes per

DS set. Upon completion of dragging, lower each DS pad by its attached

twine into a separate, resealable sterile bag. Alternatively, each DS

set of two pads may be lowered by its attached twine into the storage/

transport bag from which the DS set was originally taken. Remove the

twine from the pad or DS set by grasping the pad or DS set through the

sides of the bag with one hand while pulling on the twine with the

other hand until the connection is broken. Seal the bags and promptly

refrigerate them to between 2 and 4 deg. C. Do not freeze. Discard the

twine in an appropriate disposal bag.

(iv) Nest box sampling technique. The Plan participant shall

collect nest-box samples by using two 3- by 3-inch sterile gauze pads

premoistened with double-strength skim milk and wiping the pads over

assorted locations in about 10 percent of the total nesting area. Upon

completion, place each pad in a separate, resealable sterile bag. Seal

the bags and promptly refrigerate them to between 2 and 4 deg. C. Do

not freeze.

(v) Culturing of litter surface and nest box samples. When

refrigerated to between 2 and 4 deg. C, pads impregnated with double-

strength skim milk may be stored or batched for 5 to 7 days prior to

culturing. Pads shipped singly or paired in a single bag shall not be

pooled for culturing but shall be separately inoculated into 60 mL of

selective enrichment broth.

(b) For turkeys. * * *

* * * * *

18. In Sec. 147.14, paragraph (a)(2)(ii) is revised to read as set

forth below.

Sec. 147.14 Procedures to determine status and effectiveness of

sanitation monitored program.

* * * * *

(a) * * *

(2) * * *

(ii) Tetrathionate selective enrichment broths, competitor-

controlling plating media (XLT4, BGN, etc.), delayed secondary

enrichment procedures, and colony lift assays detailed in paragraph

(a)(5) and illustration 2 of Sec. 147.11.

19. A new Sec. 147.17 is added to subpart B to read as follows:

Sec. 147.17 Laboratory procedure recommended for the bacteriological

examination of cull chicks for salmonella.

The laboratory procedure described in this section is recommended

for the bacteriological examination of cull chicks from egg-type and

meat-type chicken flocks and waterfowl, exhibition poultry, and game

bird flocks for salmonella.

(a) From 25 randomly selected 1- to 5-day-old chicks that have not

been placed in a brooding house, prepare 5 organ pools, 5 yolk pools,

and 5 intestinal tissue pools as follows:

(1) Organ pool: From each of five chicks, composite and mince 1- to

2-gram samples of heart, lung, liver, and spleen tissues and the

proximal wall of the bursa of Fabricius.

(2) Yolk pool: From each of five chicks, composite and mince 1- to

2-gram samples of the unabsorbed yolk sac or, if the yolk sac is

essentially absent, the entire yolk stalk remnant.

(3) Intestinal pool: From each of five chicks, composite and mince

approximately 0.5 cm\2\ sections of the crop wall and 5-mm-long

sections of the duodenum, cecum, and ileocecal junction.

(b) Transfer each pool to tetrathionate selective enrichment broth

(Hajna or Mueller-Kauffmann) at a ratio of 1 part tissue pool to 10

parts broth.

(c) Repeat the steps in paragraphs (a) and (b) of this section for

each five-chick group until all 25 chicks have been examined, producing

a total of 15 pools (5 organ, 5 yolk, and 5 intestinal).

(d) Culture the 15 tetrathionate pools as outlined for selective

enrichment in illustration 2 of Sec. 147.11. Incubate the organ and

yolk pools for 24 hours at 37 deg.C and the intestinal pools at 41.5

deg.C. Plate as described in illustration 2 of Sec. 147.11 and examine

after both 24 and 48 hours of incubation. Confirm suspect colonies as

described. Further culture all salmonella-negative tetrathionate broths

by delayed secondary enrichment procedures described for environmental,

organ, and intestinal samples in illustration 2 of Sec. 147.11. A

colony lift assay may also be utilized as a supplement to TSI and LI

agar picks of suspect colonies.

Sec. 147.26 [Amended]

20. In Sec. 147.26, in paragraph (a), the introductory text is

amended by removing the word ``and'' and by adding the words ``, U.S.

S. Enteritidis Monitored, and U.S. S. Enteritidis Clean'' immediately

before the word ``classifications''.

21. In Sec. 147.43, the introductory text of paragraph (a) is

amended by adding two new sentences before the first sentence to read

as set forth below; by removing the words ``the Assistant Secretary of

Agriculture for Marketing and Inspection Services, or his/her

designee,''; and by removing the words ``and who shall be designated as

vice chairperson,''.

Sec. 147.43 General Conference Committee.

(a) The General Conference Committee Chairperson and the Vice

Chairperson shall be elected by the members of the General Conference

Committee. A representative of the Animal and Plant Health Inspection

Service will serve as Executive Secretary and will provide the

necessary staff support for the General Conference Committee. * * *

* * * * *

Done in Washington, DC, this 15th day of March 1996.

Lonnie J. King,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-6834 Filed 3-20-96; 8:45 am]

BILLING CODE 3410-34-P