National Poultry Improvement Plan; Special Provisions for Ostrich Breeding Flocks and Products

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 145

[Docket No. 97-043-2]

National Poultry Improvement Plan; Special Provisions for Ostrich

Breeding Flocks and Products

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) to provide for the participation of ostrich breeding flocks in

the provisions of the Plan. The addition of provisions for ostrich

breeding flocks to the Plan was voted on and approved by the voting

delegates at the Plan's 1996 National Plan Conference. Adding

provisions for ostriches to the Plan will make it possible for the

owners of ostrich flocks to voluntarily participate in the Plan's

programs for the prevention and control of egg-transmitted, hatchery-

disseminated poultry diseases.

EFFECTIVE DATE: August 26, 1998.

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

Coordinator, Poultry Improvement Staff, National Poultry Improvement

Plan, Veterinary Services, APHIS, USDA, 1498 Klondike Road, Suite 200,

Conyers, GA 30094-5104; (770) 922-3496; E-mail: [email protected].

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 part 145 (referred to below as the

regulations) contain the general provisions of the Plan (subpart A,

Secs. 145.1 through 145.14) and special provisions regarding the

participation of breeding flocks of egg-type chickens (subpart B,

Secs. 145.21 through 145.24), meat-type chickens (subpart C,

Secs. 145.31 through 145.34), turkeys (subpart D, Secs. 145.41 through

145.44), and waterfowl, exhibition poultry, and game birds (subpart E,

Secs. 145.51 through 145.54).

On March 12, 1998, we published in the Federal Register (63 FR

12036-12040, Docket No. 97-043-1) a proposal to amend the regulations

to add a new subpart F to provide for the participation of ostrich

breeding flocks and their products. That proposed amendment had been

recommended by the voting delegates to the National Plan Conference

that was held from June 30 to July 2, 1996.

We solicited comments concerning our proposal for 60 days ending

May 11, 1998. We did not receive any comments. Therefore, for the

reasons given in the proposed rule, we are adopting the proposed rule

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

[[Page 40009]]

and, therefore, has not been reviewed by the Office of Management and

Budget.

This rule amends the Plan to provide for the participation of

ostrich breeding flocks in the provisions of the Plan. Adding

provisions for ostriches to the Plan will make it possible for the

ostrich flocks to voluntarily participate in the Plan's programs for

the prevention and control of egg-transmitted, hatchery-disseminated

poultry diseases. 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 1996

National Plan Conference.

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

have been generated by the industry itself with the goal of reducing

disease risk and increasing product marketability.

According to industry estimates, there were approximately 350,000

to 500,000 ostriches of all ages in the United States in 1995. There

were approximately 371,000 ostrich chicks hatched during the same

period. In comparison, within the chicken industry, about 8,324 million

chicks (broiler and meat type) were hatched by commercial hatcheries,

with a total value to the poultry industry was about $17.2 billion in

1995. Thus, the ostrich industry, in comparison to the rest of the

poultry industry, is very small.

Although participation in the Plan is voluntary, 99 percent of

poultry breeders and hatcheries are participants in the Plan and

benefit from various aspects of the program. There are several economic

and other advantages that will accrue to ostrich breeders and

hatcheries if they participate in the Plan as a result of this rule.

If the bulk of ostrich producers participate in the Plan, their

implementation of the Plan's management practices can be expected to

raise, or at least maintain, the level of health of ostriches in the

United States. Wide membership will also provide a voice for the

ostrich industry with regard to regulatory control of infectious

poultry diseases that affect ostriches.

Allowing ostrich flocks to participate in the Plan may validate the

ostrich industry in the eyes of the public and of the agricultural

industry as whole, so participating flockowners could anticipate some

potential advancement in the marketability of ostriches and ostrich

products throughout the country. To those interested in acquiring

ostriches or their products, it may be reassuring to know that these

are from breeders and hatcheries that are participants in the Plan.

Similarly, overseas importers may be more at ease knowing the ostriches

and products are derived from flocks that are part of the Plan. We

believe that it will be advantageous to those who raise ostriches and

to the poultry industry as a whole, as well as to APHIS, that as many

producers of poultry and poultry products, including ostriches,

participate in the Plan and follow the standards developed and

practiced by Plan participants.

Because participation in any Plan program is voluntary, individuals

are likely to continue in the program only as long as the benefits they

receive from the program outweigh the costs of their participation.

Tests and procedures recommended by the Plan are considered optimal for

the industry. Any increased cost to ostrich breeders and hatcheries for

the detection and prevention programs will be minor compared to the

losses that each producer could bear in case of undetected disease

spread. Furthermore, the number of birds required to be tested is small

compared to the size of flocks within the industry. The costs of

conducting tests, as well as the cost of specific antigens used to

detect specific diseases, are modest. For example, the cost of

performing Pullorum-Typhoid plate test averages between $0.04 and $0.08

per bird. The cost of Mycoplasma gallisepticum plate test antigen is

$0.10 per plate test, while the cost of antigen for each pullorum-

typhoid plate test is $0.08. In many States, pullorum testing is

provided for free. Although the cost for the laboratory testing of

blood samples from ostriches will not differ significantly from the

cost of testing blood samples from other poultry, the process of

obtaining blood samples from ostriches may require more resources than

for other birds. Applying these costs to the small sizes of the ostrich

flocks, and comparing the total potential losses that individual

producers could incur as a result of the loss of some or all of their

flock due to disease, the cost of testing a small number of birds would

be minor.

Because participation in the Plan is not mandatory, it is not clear

how many owners of ostriches will join the program. However, there are

about 7,380 flockowners, owning on average between 50 and 70 ostriches

each, who may potentially join. The potential entry of the ostrich

flocks into the Plan is not be expected to change the supply and demand

conditions in the market for poultry of any type, including ostriches;

as a result, changes in prices are not anticipated. Finally, since the

additional costs will be minor and could be expected to be balanced out

by the benefits, we have concluded that this rule is unlikely to have

any significant impact on producers or consumers. Including ostrich

flocks in the Plan will not likely result in any significant change in

program operations.

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

In accordance with section 3507(d) of 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 in 9 CFR Part 145

Animal diseases, Poultry and poultry products, Reporting and

recordkeeping requirements.

Accordingly, 9 CFR part 145 is 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).

Sec. 145.1 [Amended]

2. In Sec. 145.1, the definition of poultry is amended by adding

the word ``ostriches,'' immediately after the word ``turkeys,''.

[[Page 40010]]

Sec. 145.3 [Amended]

3. In Sec. 145.3, in the introductory text of paragraph (c), the

second sentence is amended by adding the words ``or, in the case of

ostriches, before the birds reach 20 months of age'' immediately after

the word ``age''.

Sec. 145.5 [Amended]

4. In Sec. 145.5, paragraph (c) is amended by removing the words

``or E'' and adding the words ``E, or F'' in their place.

Sec. 145.10 [Amended]

5. In Sec. 145.10, the introductory text of the section is amended

by removing the words ``or E'' and adding the words ``E, or F'' in

their place, and paragraph (b) is amended by removing the words ``and

Sec. 145.53(b)'' and adding the words ``Sec. 145.53(b), and

Sec. 145.63(a)'' in their place.

Sec. 145.14 [Amended]

6. In Sec. 145.14, in the introductory text of the section, the

first sentence is amended by adding the words ``, and ostriches blood

tested under subpart F must be more than 12 months of age'' immediately

after the word ``first''.

7. In Sec. 145.14, paragraph (a)(5) is amended by removing the

words ``and 145.53'' and adding the words ``, 145.53, and 145.63'' in

their place.

8. A new subpart F is added to read as follows:

Subpart F--Special Provisions for Ostrich Breeding Flocks and Products

145.61 Definitions.

145.62 Participation.

145.63 Terminology and classification; flocks and products.

Subpart F--Special Provisions for Ostrich Breeding Flocks and

Products

Sec. 145.61 Definitions.

Except where the context otherwise requires, for the purposes of

this subpart the following terms shall be construed, respectively, to

mean:

Ostrich. Birds of the species Struthio camelus, including all

subspecies and subspecies hybrids.

Sec. 145.62 Participation.

Participating flocks of ostriches, and the eggs and chicks produced

from them, shall comply with the applicable general provisions of

subpart A of this part and the special provisions of this subpart.

(a) Started poultry shall lose their identity under Plan

terminology when not maintained by Plan participants under the

conditions prescribed in Sec. 145.5(a).

(b) Hatching eggs produced by primary breeding flocks shall be

fumigated or otherwise sanitized (see Sec. 147.22 of this chapter).

Sec. 145.63 Terminology and classification; flocks and products.

Participating flocks, and the eggs and baby poultry produced from

them, that have met the respective requirements specified in this

section may be designated by the following terms and their

corresponding designs illustrated in Sec. 145.10.

(a) U.S. Pullorum-Typhoid Clean. A flock in which freedom from

pullorum and typhoid has been demonstrated to the Official State Agency

under the criteria in paragraph (a)(1) or (a)(2) of this section. (See

Sec. 145.14(a) relating to the official blood test for pullorum-typhoid

where applicable.)

(1) It has been officially blood tested within the past 12 months

with no reactors.

(2) It is a multiplier or primary breeding flock in which a sample

of each bird in flocks of 30 or fewer birds, a minimum of 30 birds from

flocks up to 300 birds, or 10 percent of all birds from flocks

exceeding 300 birds has been officially tested for pullorum-typhoid

within the past 12 months with no reactors: Provided, That a

bacteriological examination monitoring program for ostriches acceptable

to the Official State Agency and approved by the Service may be used in

lieu of annual blood testing: And provided further, That when a flock

is a multiplier breeding flock located in a State which has been deemed

to be a U.S. Pullorum-Typhoid Clean State for the past 3 years, and

during which time no isolation of pullorum or typhoid has been made

that can be traced to a source in that State, a bacteriological

examination monitoring program or a serological examination monitoring

program acceptable to the Official State Agency and approved by the

Service may be used in lieu of annual blood testing.

(b) [Reserved]

Done in Washington, DC, this 22nd day of July 1998.

Charles P. Schwalbe,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 98-19997 Filed 7-24-98; 8:45 am]

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