National Poultry Improvement Plan and Auxiliary Provisions

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 145 and 147

[Docket No. 96-070-2]

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 to establish new program

classifications and provide new or modified sampling 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 1994 and 1996 National Plan Conferences, will keep the

provisions of the Plan current with changes in the poultry industry and

provide for the use of new sampling and testing procedures.

EFFECTIVE DATE: September 18, 1997.

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, Conyers, GA 30207; (770) 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 C, which

provide for certain testing, restrictions on movement, and other

restrictions 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. S. Enteritidis 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 within the Plan. On March 11, 1997, we published in

the Federal Register (62 FR 11111-11117, Docket No. 96-070-1) a

proposal to amend the regulations to:

1. Standardize the time frame for the retesting of U.S. Pullorum-

Typhoid Clean breeding flocks retained for more than 12 months by

requiring the retesting to occur a minimum of 4 weeks after the

induction of molt;

2. Establish a ``U.S. Salmonella Monitored'' program for primary

meat-type chicken breeding flocks;

3. Establish a ``U.S. M. Gallisepticum Monitored'' classification

for multiplier meat-type chicken breeding flocks that are not

participating in the ``U.S. M. Gallisepticum Clean'' classification;

4. Establish a ``U.S. M. Synoviae Monitored'' classification for

multiplier meat-type chicken breeding flocks that are not participating

in the ``U.S. M. Synoviae Clean'' classification;

5. Amend the ``U.S. M. Gallisepticum Clean'' and ``U.S. M. Synoviae

Clean'' classifications for meat-type chicken breeding flocks by

augmenting testing when adding (spiking) males;

6. Add a procedure for swabbing or collecting chick papers for

bacteriological examination for salmonella;

7. Add a 4 to 6 week surveillance test for M. gallisepticum to the

``U.S. M. Gallisepticum Clean'' classification for turkeys;

8. Make the qualification test sample size for ``U.S. M.

Meleagridis Clean'' consistent with that for the ``U.S. M.

Gallisepticum Clean'' and ``U.S. M. Synoviae Clean'' classifications

for turkeys;

9. Simplify the description of the procedure for determining the

status of flocks reacting to tests for M. gallisepticum, M. synoviae,

and M. meleagridis;

10. Amend the ``U.S. Sanitation Monitored, Turkeys'' classification

to remove the requirement for the environmental sampling of a laying

house following the removal of a flock from the house;

11. Establish a ``U.S. M. Synoviae Clean'' classification for

waterfowl, exhibition poultry and game birds; and

12. Raise from 75 to 150 the number of birds to be tested to

qualify flocks for ``U.S. M. Synoviae Clean'' status.

We solicited comments concerning the proposed rule for 60 days

ending May 12, 1997. We received no comments by that date. Therefore,

based on the rationale set forth in the proposed rule, we are adopting

the provisions of the proposal as a final rule without change.

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 1994 and

1996 National Plan Conferences. The changes will amend the Plan and its

auxiliary provisions by establishing new program classifications and

providing new or modified sampling and testing procedures for Plan

participants and participating flocks. These changes will keep the

provisions of the Plan current with changes in the poultry industry

[[Page 44068]]

and provide for the use of new sampling and testing 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. In all cases, the changes

in this document have been generated by the industry itself with the

goal of reducing disease risk and increasing product marketability.

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. Nine of the 12 amendments involve minor procedural changes

that will have negligible economic consequences. Plan participants may

realize some cost savings because the testing requirements for the new

``U.S. M. Gallisepticum Monitored'' and ``U.S. M. Synoviae Monitored''

classifications are not as stringent as the testing requirements for

the ``clean'' classifications for M. gallisepticum and M. synoviae.

These savings will, however, likely be offset by the amendments to the

``U.S. M. Gallisepticum Clean'' and ``U.S. M. Synoviae Clean'' programs

that will require additional tests for meat-type chicken breeding

flocks when spiking males are introduced. Of the 3,979 pullorum-typhoid

clean flocks currently participating in the Plan, 2,842 flocks are

classified as ``U.S. M. Gallisepticum Clean'' and ``U.S. M. Synoviae

Clean;'' the remaining 1,137 flocks are eligible for the new ``U.S. M.

Gallisepticum Monitored'' and ``U.S. M. Synoviae Monitored'' programs.

However, because participation in Plan programs is voluntary, the

Agency cannot estimate the number of producers who may participate in

the two new ``monitored'' classifications or use the new tests.

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 12988

This rule has been reviewed under Executive Order 12988, 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

This rule contains no new information collection or recordkeeping

requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Parts 145 and 147

Animal diseases, Poultry and poultry products, Reporting and

recordkeeping requirements.

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

PART 145--NATIONAL POULTRY IMPROVEMENT PLAN

1. 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).

2. Section 145.10 is amended as follows:

a. In paragraph (e), the words ``and Sec. 145.43(e)'' are removed

and the words ``145.43(e), and Sec. 145.53(d)'' are added in their

place.

b. New paragraphs (o), (p), and (q) are added to read as set forth

below.

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

States.

* * * * *

(o) U.S. Salmonella Monitored. (See Sec. 145.33(i).)

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[GRAPHIC] [TIFF OMITTED] TR19AU97.000

(p) U.S. M. Gallisepticum Monitored. (See Sec. 145.33(j).)

[GRAPHIC] [TIFF OMITTED] TR19AU97.001

(q) U.S. M. Synoviae Monitored. (See Sec. 145.33(k).)

[GRAPHIC] [TIFF OMITTED] TR19AU97.002

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Sec. 145.23 [Amended]

3. Section 145.23 is amended as follows:

a. In paragraph (b), in the introductory text, the words ``at the

discretion of the Official State Agency with the concurrence of the

Service'' are removed and the words ``conducted a minimum of 4 weeks

after the induction of molt'' are added in their place.

b. In paragraph (e)(1)(ii), in the introductory text, the words

``75 birds'' are removed and the words ``150 birds'' are added in their

place.

4. Section 145.33 is amended as follows:

a. In paragraph (b), in the introductory text, the words ``at the

discretion of the official State agency with the concurrence of the

Service'' are removed and the words ``conducted a minimum of 4 weeks

after the induction of molt'' are added in their place.

b. A new paragraph (c)(4) is added to read as set forth below.

c. In paragraph (e)(1)(ii), in the introductory text, the words

``75 birds'' are removed and the words ``150 birds'' are added in their

place.

d. A new paragraph (e)(4) is added to read as set forth below.

e. New paragraphs (i), (j), and (k) are added to read as set forth

below.

[[Page 44069]]

Sec. 145.33 Terminology and classification; flocks and products.

* * * * *

(c) * * *

(4) Before male breeding birds may be added to a participating

multiplier breeding flock, a sample of at least 3 percent of the birds

to be added, with a minimum of 10 birds per pen, shall be tested for M.

gallisepticum as provided in Sec. 145.14(b) or by a polymerase chain

reaction (PCR)-based procedure approved by the Department. The male

birds shall be tested no more than 14 days prior to their intended

introduction into the flock. If the serologic testing of the birds

yields hemagglutination inhibition titers of 1:40 or higher, or if the

PCR testing is positive for M. gallisepticum, the male birds may not be

added to the flock and must be either retested or destroyed.

* * * * *

(e) * * *

(4) Before male breeding birds may be added to a participating

multiplier breeding flock, a sample of at least 3 percent of the birds

to be added, with a minimum of 10 birds per pen, shall be tested for M.

synoviae as provided in Sec. 145.14(b) or by a polymerase chain

reaction (PCR)-based procedure approved by the Department. The male

birds shall be tested no more than 14 days prior to their intended

introduction into the flock. If the serologic testing of the birds

yields hemagglutination inhibition titers of 1:40 or higher, or if the

PCR testing is positive for M. synoviae, the male birds may not be

added to the flock and must be either retested or destroyed.

* * * * *

(i) U.S. Salmonella Monitored. This program is intended to be the

basis from which the breeding-hatching industry may conduct a program

for the prevention and control of Salmonellosis. It is intended to

reduce the incidence of Salmonella organisms in hatching eggs and

chicks through an effective and practical sanitation program at the

breeder farm and in the hatchery. This will afford other segments of

the poultry industry an opportunity to reduce the incidence of

Salmonella in their products.

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

have met the following requirements, as determined by the Official

State Agency:

(i) The flock shall originate from a source where sanitation and

management practices, as outlined in Sec. 145.33(d)(1), are conducted;

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

147.24(a), and 147.26 of this chapter;

(iii) If feed contains animal protein, the protein products should

be purchased from participants in the Animal Protein Products Industry

(APPI) Salmonella Education/Reduction Program. 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 above, 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;

(iv) Feed shall be stored and transported in a manner to prevent

possible contamination;

(v) Chicks shall be hatched in a hatchery meeting the requirements

of Secs. 147.23 and 147.24(b) and sanitized or fumigated (see

Sec. 147.25 of this chapter).

(vi) An Authorized Agent shall take environmental samples from the

hatchery every 30 days; i.e., meconium and chick papers. An authorized

laboratory for Salmonella shall examine the samples bacteriologically;

(vii) An Authorized Agent shall take environmental samples as

described in Sec. 147.12 of this chapter from each flock at 4 months of

age and every 30 days thereafter. An authorized laboratory for

Salmonella shall examine the environmental samples bacteriologically;

(viii) Owners of flocks may vaccinate with a paratyphoid vaccine:

Provided, That a sample of 350 birds, which will be banded for

identification, shall remain unvaccinated until the flock reaches at

least 4 months of age.

(2) The Official State Agency may use the procedures described in

Sec. 147.14 of this chapter to monitor the effectiveness of the egg

sanitation practices.

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

classification, all products handled shall meet the requirements of the

classification.

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

if the participant fails to follow recommended corrective measures.

(j) U.S. M. Gallisepticum Monitored. (1) A multiplier breeding

flock in which all birds or a sample of at least 20 birds per house has

been tested for M. gallisepticum as provided in Sec. 145.14(b) when

more than 4 months of age: Provided, birds per house shall be tested

again at 36 to 38 weeks and at 48 to 50 weeks at a minimum: And

provided further, That each 20-bird sample should come from two

locations within the house (10 from the front half of the house and 10

from the back half of the house). A representative sample of males and

females should be sampled. The samples shall be marked ``male'' or

``female.''

(2) A participant handling U.S. M. Gallisepticum Monitored products

shall keep these products separate from other products in a manner

satisfactory to the Official State Agency: Provided, That U.S. M.

Gallisepticum Monitored chicks from multiplier breeding flocks shall be

produced in incubators and hatchers in which only eggs from flocks

qualified under paragraph (j)(1) of this section are set. Eggs from

U.S. M. Gallisepticum Monitored multiplier breeding flocks shall not be

set in hatchers or incubators in which eggs from U.S. M. Gallisepticum

Clean primary breeding flocks qualified under paragraph (c)(1)(i) of

this section are set.

(3) U.S. M. Gallisepticum Monitored chicks shall be boxed in clean

boxes and delivered in trucks that have been cleaned and disinfected as

described in Sec. 147.24(a) of this chapter.

(k) U.S. M. Synoviae Monitored. (1) A multiplier breeding flock in

which all birds or a sample of at least 20 birds per house has been

tested for M. synoviae as provided in Sec. 145.14(b) when more than 4

months of age: Provided, That to retain this classification, a minimum

of 20 birds per house shall be tested again at 36 to 38 weeks and at 48

to 50 weeks at a minimum: And provided further, That each 20-bird

sample should come from two locations within the house (10 from the

front half of the house and 10 from the back half of the house). A

representative sample of males and females should be sampled. The

samples shall be marked ``male'' or ``female.''

(2) A participant handling U.S. M. Synoviae Monitored products

shall keep these products separate from other products in a manner

satisfactory to the Official State Agency: Provided, That U.S. M.

Synoviae Monitored chicks from multiplier breeding flocks shall be

produced in incubators and hatchers in which only eggs from flocks

qualified under paragraph (k)(1) of this section are set. Eggs from

U.S. M. Synoviae Monitored multiplier breeding flocks shall not be set

in hatchers or incubators in which eggs from U.S. M. Synoviae Clean

primary breeding flocks qualified under paragraph (e)(1)(i) of this

section are set.

(3) U.S. M. Synoviae Monitored chicks shall be boxed in clean boxes

and delivered in trucks that have been cleaned and disinfected as

described in Sec. 147.24(a) of this chapter.

(Approved by the Office of Management and Budget under control

number 0579-0007)

[[Page 44070]]

Sec. 145.43 [Amended]

5. Section 145.43 is amended as follows:

a. In paragraph (b), in the introductory text, the words ``at the

discretion of the official State agency with the concurrence of the

Service'' are removed and the words ``conducted a minimum of 4 weeks

after the induction of molt'' are added in their place.

b. In paragraph (c)(1), at the end of the paragraph, the words

``and at 4-6 week intervals thereafter'' are added immediately after

the words ``28-30 weeks of age''.

c. In paragraph (d)(1)(i), the words ``60 birds'' are removed and

the words ``100 birds'' are added in their place.

d. In paragraph (d)(2), at the end of the paragraph, the words ``of

this chapter'' are added immediately after the citation

``Sec. 147.6(b)''.

e. Paragraph (f)(7) is removed and paragraph (f)(8) is redesignated

as paragraph (f)(7).

6. Section 145.53 is amended by adding a new paragraph (d) to read

as follows:

Sec. 145.53 Terminology and classification; flocks and products.

* * * * *

(d) U.S. M. Synoviae Clean. (1) A flock maintained in compliance

with the provisions of Sec. 147.26 of this chapter and in which freedom

from Mycoplasma synoviae has been demonstrated under the criteria

specified in paragraph (d)(1)(i) or (d)(1)(ii) of this section.

(i) It is a flock in which a minimum of 300 birds has been tested

for M. synoviae as provided in Sec. 145.14(b) when more than 4 months

of age: Provided, That to retain this classification, a sample of at

least 150 birds shall be tested at intervals of not more than 90 days:

And provided further, That a sample comprised of fewer than 150 birds

may be tested at any one time with the approval of the Official State

Agency and the concurrence of the Service, provided that a minimum of

150 birds is tested within each 90-day period; or

(ii) It is a multiplier breeding flock that originated as U.S. M.

Synoviae Clean chicks from primary breeding flocks and from which a

sample comprised of a minimum of 75 birds has been tested for M.

synoviae as provided in Sec. 145.14(b) when more than 4 months of age:

Provided, That to retain this classification, the flock shall be

subjected to one of the following procedures:

(A) At intervals of not more than 90 days, a sample of 50 birds

shall be tested: Provided, That a sample of fewer than 50 birds may be

tested at any one time, provided that a minimum of 30 birds per flock

with a minimum of 15 birds per pen, whichever is greater, is tested

each time and a total of at least 50 birds is tested within each 90-day

period; or

(B) At intervals of not more than 30 days, egg yolk testing shall

be conducted in accordance with Sec. 147.8 of this chapter.

(2) A participant handling U.S. M. Synoviae Clean products shall

keep those products separate from other products in a manner

satisfactory to the Official State Agency: Provided, That U.S. M.

Synoviae Clean chicks from primary breeding flocks shall be produced in

incubators and hatchers in which only eggs from flocks qualified under

paragraph (d)(1)(i) or (d)(1)(ii) of this section are set.

(3) U.S. M. Synoviae Clean chicks shall be boxed in clean boxes and

delivered in trucks that have been cleaned and disinfected as described

in Sec. 147.24(a) of this chapter.

(Approved by the Office of Management and Budget under control

number 0579-0007)

PART 147--AUXILIARY PROVISIONS ON NATIONAL POULTRY IMPROVEMENT PLAN

7. 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).

8. Section 147.6 is amended as follows:

a. Paragraph (a) is removed and paragraph (b) is redesignated as

paragraph (a).

b. The introductory text of newly redesignated paragraph (a) is

revised to read as set forth below.

c. In newly redesignated paragraph (a)(2), the words ``paragraphs

(b)(3), (b)(4), and (b)(5)'' are removed and the words ``paragraphs

(a)(3), (a)(4), and (a)(5)'' are added in their place.

d. In newly redesignated paragraphs (a)(3), (a)(4), (a)(5), (a)(9),

and (a)(10), the words ``paragraph (b)(6)'' are removed and the words

``paragraph (a)(6)'' are added in their place.

e. In newly redesignated paragraph (a)(5), in the first sentence,

the words ``in conjunction with any of the criteria described in

paragraph (a)(1) of this section,'' are removed and, in the second

sentence, the words ``but none of the criteria described in paragraph

(a)(1) of this section are evident,'' are removed.

f. In newly redesignated paragraph (a)(13), the word ``both'' is

removed.

g. A new paragraph (b) is added and reserved.

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

tests for Mycoplasma gallisepticum, Mycoplasma synoviae, and Mycoplasma

meleagridis.

* * * * *

(a) The status of a flock for Mycoplasma shall be determined

according to the following criteria:

* * * * *

9. Section 147.12 is amended by adding a new paragraph (c) to read

as follows:

Sec. 147.12 Procedures for collecting environmental samples and

cloacal swabs for bacteriological examination.

* * * * *

(c) Chick box papers. Samples from chick box papers may be

bacteriologically examined for the presence of salmonella. The Plan

participant may collect the samples in accordance with paragraph (c)(1)

of this section or submit chick box papers directly to a laboratory in

accordance with paragraph (c)(2) of this section.

(1) Instructions for collecting samples from chick box papers:

(i) Collect 1 chick box paper for each 10 boxes of chicks placed in

a house and lay the papers on a clean surface.

(ii) Clean your hands and put on latex gloves. Do not apply

disinfectant to the gloves. Change gloves after collecting samples from

10 chick box papers or any time a glove is torn.

(iii) Saturate a sterile 3-by-3 inch gauze pad with double-strength

skim milk (see footnote 11 to this section) and rub the pad across the

surface of five chick box papers. Rub the pad over at least 75 percent

of each paper and use sufficient pressure to rub any dry meconium off

the paper. Pouring a small amount of double-strength skim milk (1 to 2

tablespoons) on each paper will make it easier to collect samples.

(iv) After collecting samples from 10 chick box papers, place the

two gauze pads used to collect the samples (i.e., one pad per 5 chick

box papers) into an 18 oz. Whirl-Pak bag and add 1 to 2 tablespoons of

double-strength skim milk.

(v) Promptly refrigerate the Whirl-Pak bags containing the samples

and transport them, on ice or otherwise refrigerated, to a laboratory

within 48 hours of collection. The samples may be frozen for longer

storage if the Plan participant is unable to transport them to a

laboratory within 48 hours.

(2) The Plan participant may send chick box papers directly to a

laboratory, where samples may be collected as described in paragraph

(c)(1) of this section. To send chick box papers directly to a

laboratory, the Plan participant shall:

[[Page 44071]]

(i) Collect 1 chick box paper for each 10 boxes of chicks placed in

a house and place the chick papers immediately into large plastic bags

and seal the bags.

(ii) Place the plastic bags containing the chick box papers in a

clean box and transport them within 48 hours to a laboratory. The

plastic bags do not require refrigeration.

(Approved by the Office of Management and Budget under control

number 0579-0007)

Done in Washington, DC, this 13th day of August 1997.

Terry L. Medley,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-21902 Filed 8-18-97; 8:45 am]

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