National Poultry Improvement Plan and Auxiliary Provisions

SUMMARY: We are proposing to amend the National Poultry Improvement

Plan (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. The

proposed changes were voted on and approved by the voting delegates at

the Plan's 1994 and 1996 National Plan Conferences. These changes would

keep the provisions of the Plan current with changes in the poultry

industry and provide for the use of new sampling and testing

procedures.

DATES: Consideration will be given only to comments received on or

before May 12, 1997.

ADDRESSES: Please send an original and three copies of your comments to

Docket No. 96-070-1, Regulatory Analysis and Development, PPD, APHIS,

Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please

state that your comments refer to Docket No. 96-070-1. Comments

received may be inspected at USDA, room 1141, South Building, 14th

Street and Independence Avenue SW., Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday, except holidays. Persons wishing to

inspect comments are requested to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room.

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 B, 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. 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 within the Plan. In this document, we are proposing 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 that the retesting take place 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.

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

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

These proposed amendments, with the exception of number 12, are

consistent with the recommendations approved by the voting delegates to

the National Plan Conference that was held from June 30 to July 2,

1996. Proposed amendment number 12 was approved by the voting delegates

to the National Plan Conference that was held from June 26 to 28, 1994.

Participants in the 1994 and 1996 National Plan Conferences represented

flockowners, breeders, hatcherymen, and Official

[[Page 11112]]

State Agencies from all cooperating States. The proposed amendments are

discussed in greater detail below.

Retesting of U.S. Pullorum-Typhoid Clean Breeding Flocks

We are proposing to amend Secs. 145.23(b), 145.33(b), and 145.43(b)

to provide a minimum time period before the retesting of a U.S.

Pullorum-Typhoid Clean participating breeding flock that is retained

for more than 12 months. The regulations in those sections currently

set forth the criteria under which flocks may qualify for the U.S.

Pullorum-Typhoid Clean classification and provide that flocks that are

retained for more than 12 months shall be retested at the discretion of

the Official State Agency with the concurrence of APHIS.

As breeding flocks, including those retained for more than 12

months, progress through a laying cycle, the shell quality of the eggs

produced tends to deteriorate as calcium and other essential minerals

are depleted from the laying birds. Flockowners may pause the laying

cycle in these birds by inducing molt, which gives the birds the

opportunity to replenish their levels of the depleted minerals. Thus,

when the birds, which are referred to as recycled breeding birds, begin

a new laying cycle, shell quality is back at the proper level.

Research has shown that the stress of molting causes birds that are

affected with salmonella to shed the organism at a higher rate than

during the laying cycle, which means that the best opportunity to

isolate the salmonella organism through testing will come following the

induction of molt. Therefore, we are proposing to amend the

requirements for the retesting of such flocks by requiring that

recycled breeding birds be retested a minimum of 4 weeks after the

induction of molt, rather than at the discretion of the Official State

Agency with the concurrence of APHIS. This proposed change would

standardize the retesting requirements for U.S. Pullorum-Typhoid Clean

flocks retained for more than 12 months and ensure that the

recertification of those flocks is based on testing conducted at a time

when the salmonella organism is most likely to be isolated.

U.S. Salmonella Monitored Classification

We are proposing to amend Sec. 145.33 to establish a ``U.S.

Salmonella Monitored'' classification for primary meat-type chicken

breeding flocks. The proposed new classification, like the existing

``U.S. Sanitation Monitored'' classification available to primary meat-

type chicken breeding flocks, is intended to serve as a means for the

prevention and control of Salmonellosis in hatching eggs and chicks

through an effective and practical sanitation program at the breeder

farm and in the hatchery.

The proposed ``U.S. Salmonella Monitored'' classification differs

from the existing ``U.S. Sanitation Monitored'' classification in two

respects. First, the proposed new classification specifically calls for

the collection of environmental samples at the hatchery from meconium

and chick papers every 30 days; those samples would have to be examined

bacteriologically at an authorized laboratory for salmonella. That

proposed requirement, which is not required by the existing ``U.S.

Sanitation Monitored'' classification, would provide for the continuous

monitoring of the salmonella status of participating hatcheries.

The proposed new classification also differs from the existing

``U.S. Sanitation Monitored'' classification with regard to the use of

vaccines. In the proposed ``U.S. Salmonella Monitored'' classification,

owners of flocks would be allowed to vaccinate their flocks with a

paratyphoid vaccine as a preventive measure, provided that a sample of

350 birds remains unvaccinated to serve as sentinel birds. The sample

of 350 unvaccinated birds would have to be banded for identification

and remain unvaccinated until the flock reaches at least 4 months of

age. Under the existing ``U.S. Sanitation Monitored'' classification, a

flockowner may not vaccinate a flock unless the flock has been found to

be infected with paratyphoid salmonella. The proposed new ``U.S.

Salmonella Monitored'' classification, therefore, would give

participating flockowners the opportunity to take a more aggressive

approach to the prevention of Salmonellosis by allowing them to use

vaccines before there is an indication of the presence of salmonella in

a flock.

New M. Gallisepticum Monitored and M. Synoviae Monitored

Classifications

We are proposing to amend Sec. 145.33 to establish a ``U.S. M.

Gallisepticum Monitored'' classification for meat-type chicken

multiplier breeding flocks that are not participating in the ``U.S. M.

Gallisepticum Clean'' classification and to establish a ``U.S. M.

Synoviae Monitored'' classification for meat-type chicken multiplier

breeding flocks that are not participating in the ``U.S. M. Synoviae

Clean'' classification. Adding these two new ``monitored''

classifications would give flockowners the ability to participate in

disease-monitoring programs for M. gallisepticum and M. synoviae

without incurring the higher testing costs associated with the

``clean'' classifications for those two diseases. The proposed new

classifications would also allow official State agencies and the Plan

to monitor the M. gallisepticum and M. synoviae status of flocks that

would not otherwise be monitored for those diseases.

Under both the proposed ``U.S. M. Gallisepticum Monitored'' and the

proposed ``U.S. M. Synoviae Monitored'' classifications, flocks would

be qualified by testing a sample of at least 20 birds per house for the

classification's disease of concern (M. gallisepticum or M. synoviae,

as the case may be) once the flock reaches at least 4 months of age.

Once qualified, the flock's classification would be retained by

additional tests for the disease of concern conducted on additional 20-

bird samples collected when the flock reaches 36 to 38 weeks and again

at 48 to 50 weeks. Testing at this level would provide a basic level of

monitoring for M. gallisepticum or M. synoviae within a flock but would

not involve the higher expenses incurred by flockowners testing the

larger samples required by the ``clean'' classifications for those two

diseases. To help ensure that the samples of birds would be

representative of all the birds in each house, half of the samples

would have to be drawn from the front of the house and half of the

samples would have to be drawn from the back. Additionally, the ratio

of male to female birds in a sample would have to reflect the ratio of

male to female birds in the house, and samples would have to be labeled

accordingly. Requiring a representative number of male and female birds

to be included in the sample would further ensure that the samples

provide an accurate representation of the birds in the house.

To help prevent the possible exposure of flocks in these

``monitored'' classifications to disease from outside the flock, we

would require participating flockowners handling U.S. M. Gallisepticum

Monitored or U.S. M. Synoviae Monitored products (i.e., poultry

breeding stock and hatching eggs, baby poultry, and started poultry) to

keep those products separate from other products in a manner

satisfactory to the Official State Agency. Because M. gallisepticum and

M. synoviae are egg-transmitted diseases, we would further specify that

chicks from the multiplier breeding flocks in these two ``monitored''

classifications would have

[[Page 11113]]

to be produced in incubators and hatchers in which only eggs from

flocks with the same classification are set. This precaution would

ensure that eggs from a monitored flock would not be set in the same

incubator or hatcher as eggs from a flock that is not qualified under

the ``U.S. M. Gallisepticum Monitored'' or ``U.S. M. Synoviae

Monitored'' classifications. By that same token, we would also prohibit

eggs from these monitored flocks from being set in hatchers or

incubators where eggs from ``U.S. M. Gallisepticum Clean'' or ``U.S. M.

Synoviae Clean'' primary breeding flocks are set, since the eggs from a

monitored flock would be, from a disease-control perspective, of lesser

status than eggs from a flock with clean status.

As a final precaution, chicks from these monitored flocks would

have to be boxed in clean boxes and delivered in trucks that had been

cleaned and disinfected in order to minimize the possibility that the

chicks could be exposed to disease during transport.

Testing of Additional Male Breeding Birds

We are proposing to amend the ``U.S. M. Gallisepticum Clean'' and

``U.S. M. Synoviae Clean'' classifications for meat-type chicken

breeding flocks, Secs. 145.33(c) and 145.33(e), respectively, by adding

a requirement for the testing of a sample of male birds prior to their

addition to a participating multiplier breeding flock. Male birds are

added to breeding flocks to augment the male fertility of the flock,

which tends to decrease over time. Although the birds to be added must

already be drawn from a qualified ``clean'' flock, we believe that

testing a sample of those birds would serve as an additional safeguard

to ensure that the new birds would not have a negative effect on the

disease status of the flock to which they would be added.

We would require that a sample of at least 3 percent of the birds

to be added, with a minimum of 10 birds per pen, be tested for the

classification's disease of concern (M. gallisepticum or M. synoviae) a

minimum of 14 days prior to the date the birds were to be added to the

flock. The birds would have to be tested using either a serologic test

provided for by Sec. 145.14(b) or with a polymerase chain reaction

(PCR)-based procedure approved by the Department as provided by

Sec. 147.6. The male birds from which the sample was drawn would be

considered to be affected with the disease if a serologic test yielded

hemagglutination inhibition titers of 1:40 or higher or if the results

of the PCR tested were positive. If such positive results were

disclosed, the affected male birds could not be added to the flock and

would have to be retested or destroyed in order to prevent the disease

from spreading.

Use of Chick Papers

We are proposing to amend Sec. 147.12 to add another environmental

sampling procedure for use in monitoring for the presence of

salmonella. Specifically, the proposed new procedure would provide for

the collection of samples from chick box papers for bacterial

examination. Chick box papers are used to line the bottom of chick

boxes to catch the meconium droppings produced by the chicks. Chick

boxes are used to transport baby poultry from the hatchery to the

brooding house for grow-out.

Under the proposed procedure, which would be added to the

regulations as Sec. 147.12(c), the Plan participant would collect chick

papers from one out of every ten boxes of chicks placed in a brooding

house. The Plan participant would have the choice of collecting samples

from the papers or sending the chick box papers to a laboratory where

the samples would be collected. For Plan participants who choose to

collect the samples, the proposed new procedure provides detailed

instructions for preventing contamination of the samples, impregnating

the sampling pads with double-strength skim milk, sampling the chick

box papers, and sealing, storing, and transporting the samples.

Likewise, the proposed procedures provide packing and transport

instructions for those Plan participants who choose to send the chick

box papers to the laboratory for sampling and culturing. In either

case, the samples collected from the chick box papers would be cultured

at the laboratory for the presence of salmonella.

The collection of samples from chick box papers is, in essence, a

smaller-scale version of the drag swab technique already used to

collect environmental samples, which is described in Sec. 147.12(a)(3).

Like the drag swab sampling, chick box paper sampling would help

prevent the spread of salmonella in participating flocks by decreasing

the likelihood of false negatives on flock screening tests and reducing

the amount of time required for laboratory diagnoses.

Surveillance and Qualification Tests for Turkeys

We are proposing to amend the procedures in Sec. 145.43(c) for the

``U.S. M. Gallisepticum Clean'' classification for turkeys by adding a

requirement for surveillance testing. Currently, to qualify a flock for

the classification, a random sample of the birds in the flock must be

tested when the birds are more than 12 weeks of age. To retain the

classification, additional samples of 30 birds from male flocks and 60

birds from female flocks must be tested when the birds in the flock are

28 to 30 weeks of age. We are proposing to follow the week 30 test with

continuing surveillance tests conducted every 4 to 6 weeks thereafter.

The tests would be conducted on the same 30 male or 60 female sample

size as the week 30 test and would provide a means of continually

monitoring a turkey breeding flock throughout the laying cycle.

We are also proposing to increase the sample size that must be

tested to qualify a turkey flock under Sec. 145.43(d) for the ``U.S. M.

Meleagridis Clean'' classification. We would increase the sample size,

which currently is set at 60 birds, to 100 birds to make it consistent

with the sample size used in the ``U.S. M. Gallisepticum Clean'' and

``U.S. M. Synoviae Clean'' classifications and to provide flockowners

with more representative samples of birds that would better reflect the

M. meleagridis status of their flocks.

Status of Flocks

We are proposing to amend Sec. 147.6 to simplify the description of

the procedure that is used to determine the status of flocks that react

to tests for M. gallisepticum, M. synoviae, or M. meleagridis. Plan

participants have indicated that the current description of the

procedure in Sec. 147.6 is somewhat confusing and difficult to

interpret. We would, therefore, amend Sec. 147.6 to eliminate

duplication and make the procedure easier to follow. The procedure

itself, however, would not be substantively changed.

U.S. Sanitation Monitored, Turkeys, Classification

We are proposing to amend the ``U.S. Sanitation Monitored,

Turkeys'' classification by removing the requirement for the collection

and examination of environmental samples from laying houses following

the removal of a flock. We believe this requirement, which is currently

located in Sec. 145.43(f)(7), could be removed because the regulations

already provide for environmental samples to be collected and examined

bacteriologically for salmonella when a flock is 12 to 20 weeks of age

(Sec. 145.43(f)(4)) and again when the flock is 35 to 50 weeks of age

and from each molted flock at midlay (Sec. 145.43(f)(6)).

[[Page 11114]]

Because that sampling and testing will have been conducted, and because

a house from which a flock has been removed must be thoroughly cleaned

and disinfected before a new flock may be placed in the house, we

believe that further environmental sampling after a flock has been

removed from a house is unnecessary.

U.S. M. Synoviae Clean Classification

We are proposing to add a new Sec. 145.53(d) to establish a new

``U.S. M. Synoviae Clean'' classification for waterfowl, exhibition

poultry, and game bird breeding flocks. The classification would be

given to qualifying waterfowl, exhibition poultry, and game bird

breeding flocks that are free from M. synoviae and that are maintained

in a manner that prevents M. synoviae from being introduced into the

flock. The sampling, testing, and other criteria under which waterfowl,

exhibition poultry, and game bird breeding flocks would qualify for the

proposed ``U.S. M. Synoviae Clean'' classification would be the same as

those used in the existing ``U.S. M. Synoviae Clean'' classifications

for egg-type chickens (Sec. 145.23(e)) and meat-type chickens

(Sec. 145.33(e)) and would serve the same purpose.

Miscellaneous

We are also proposing to amend Sec. 145.10 by adding three new

illustrative designs to represent the proposed new ``U.S. Salmonella

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

Synoviae Monitored'' classifications discussed above.

Finally, we are also proposing to correct an oversight dating back

to the last time the regulations were amended. On March 21, 1996, we

published a final rule in the Federal Register (61 FR 11515-11525,

Docket No. 94-091-2) that amended the regulations to reflect the

proposals adopted by the voting delegates to the Plan's 1994 biennial

conference. One of those adopted proposals called, in part, for raising

from 75 to 150 the minimum number of birds tested to qualify an egg-

type chicken or meat-type chicken multiplier breeding flock for ``U.S.

M. Synoviae Clean'' status and raising from 50 to 75 the number of

birds to be tested each 90 days for the flock to retain ``U.S. M.

Synoviae Clean'' status. In the March 1995 final rule, as in the

proposed rule that preceded it (60 FR 35343-35353, Docket No. 94-091-1,

published July 7, 1995), the number of birds to be tested each 90 days

was raised from 50 to 75, but we neglected to raise from 75 to 150 the

number of birds to be tested to qualify flocks for ``U.S. M. Synoviae

Clean'' status. Therefore, to correct that oversight, we are proposing

in this document to amend Secs. 145.23(e)(1)(ii) and 145.33(e)(1)(ii)

to require that a sample comprised of a minimum of 150 birds be tested

for M. synoviae when the flock is more than 4 months of age to qualify

egg-type chicken and meat-type chicken multiplier breeding flocks for

the ``U.S. M. Synoviae Clean'' classification. Increasing the sample

size would provide flockowners with more representative samples of

birds that would better reflect the M. synoviae status of their flocks.

Executive Order 12866 and Regulatory Flexibility Act

This proposed 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 proposed 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 32nd

Biennial Conference. The proposed changes would 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 would keep the

provisions of the Plan current with changes in the poultry industry 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

proposed 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 proposed amendments involve minor procedural

changes that would have negligible economic consequences. Plan

participants could realize some cost savings because the testing

requirements for the proposed 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 would, however, likely be

offset by the proposed amendments to the ``U.S. M. Gallisepticum

Clean'' and ``U.S. M. Synoviae Clean'' programs that would 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 proposed new ``U.S. M.

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

However, because participation in Plan programs is voluntary, the

Agency could not estimate the number of producers who may participate

in the two proposed 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 would

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 proposed rule has been reviewed under Executive Order 12988,

Civil Justice Reform. If this proposed rule is adopted: (1) All State

and local laws and regulations that are in conflict with this rule will

be preempted; (2) no retroactive effect will be given to this rule; and

(3) administrative proceedings will not be required 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 would be amended as follows:

[[Page 11115]]

PART 145--NATIONAL POULTRY IMPROVEMENT PLAN

1. The authority citation for part 145 would continue to read as

follows:

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

2. Section 145.10 would be amended as follows:

a. In paragraph (e), the words ``and Sec. 145.43(e)'' would be

removed and the words ``145.43(e), and Sec. 145.53(d)'' would be added

in their place.

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

forth below.

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

States.

* * * * *

BILLING CODE 3410-34-P

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

[GRAPHIC] [TIFF OMITTED] TP11MR97.000

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

[GRAPHIC] [TIFF OMITTED] TP11MR97.001

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

[GRAPHIC] [TIFF OMITTED] TP11MR97.002

BILLING CODE 3410-34-C

Sec. 145.23 [Amended]

3. Section 145.23 would be 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'' would be removed and the words ``conducted a minimum of 4

weeks after the induction of molt'' would be added in their place.

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

``75 birds'' would be removed and the words ``150 birds'' would be

added in their place.

4. Section 145.33 would be 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'' would be removed and the words ``conducted a minimum of 4

weeks after the induction of molt'' would be added in their place.

b. A new paragraph (c)(4) would be added to read as set forth

below.

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

``75 birds'' would be removed and the words ``150 birds'' would be

added in their place.

d. A new paragraph (e)(4) would be added to read as set forth

below.

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

forth below.

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;

[[Page 11116]]

(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, 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. 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)

Sec. 145.43 [Amended]

5. Section 145.43 would be 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'' would be removed and the words ``conducted a minimum of 4

weeks after the induction of molt'' would be added in their place.

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

``and at 4-6 week intervals thereafter'' would be added immediately

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

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

and the words ``100 birds'' would be added in their place.

d. In paragraph (d)(2), at the end of the second sentence, the

words ``of this chapter'' would be added immediately after the citation

``Sec. 147.6(b)''.

e. Paragraph (f)(7) would be removed and paragraph (f)(8) would be

redesignated as paragraph (f)(7).

6. Section 145.53 would be 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

[[Page 11117]]

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 would continue to read as

follows:

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

8. Section 147.6 would be amended as follows:

a. Paragraph (a) would be removed and paragraph (b) would be

redesignated as paragraph (a).

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

be revised to read as set forth below.

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

(b)(3), (b)(4), and (b)(5)'' would be removed and the words

``paragraphs (a)(3), (a)(4), and (a)(5)'' would be 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)'' would be removed and the

words ``paragraph (a)(6)'' would be 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,'' would be removed and, in the second

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

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

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

be removed.

g. A new paragraph (b) would be 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 would be 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:

(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 4th day of March 1997.

Donald W. Luchsinger,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-6025 Filed 3-10-97; 8:45 am]

BILLING CODE 3410-34-P