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. 97-043-1]

National Poultry Improvement Plan; Special Provisions for Ostrich

Breeding Flocks and Products

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the National Poultry Improvement

Plan (the Plan) to provide for the participation of ostrich breeding

flocks in the provisions of the Plan. The proposed 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 would 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.

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

before May 11, 1998.

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

Docket No. 97-043-1, 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. 97-043-1. 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, 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). APHIS amends these provisions from time

to time to incorporate new scientific information and technologies into

the Plan.

In this document, we are proposing to amend the regulations to add

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

flocks and their products. This proposed amendment is consistent with

the recommendations approved by the voting delegates to the National

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

Participants in the 1996 National Plan Conference represented

flockowners, breeders, hatcherymen, and Official State Agencies from

all cooperating States. This proposed action is discussed in greater

detail below.

Proposed Changes to Existing Regulations

Our proposed addition of ostriches to the provisions of the Plan

would entail changes to subpart A of the regulations, ``General

Provisions,'' in order to accommodate the inclusion of ostriches and

reflect the addition of a new subpart containing special provisions for

ostrich breeding flocks and products.

First, we would add ostriches to the definition of poultry in

Sec. 145.1 to ensure that the general provisions of the regulations

would apply, where applicable, to ostriches as well as to the types of

poultry already covered by the Plan. With the proposed addition of

ostriches, the definition of poultry would read: ``Domesticated fowl,

including chickens, turkeys, ostriches, waterfowl, and game birds,

except doves and pigeons, which are bred for the primary purpose of

producing eggs or meat.''

Under Sec. 145.3(c), ``Participation,'' a Plan participant in any

State must participate with all of his poultry hatching egg supply

flocks and hatchery operations in that State. To demonstrate compliance

with that requirement, the Plan participant must submit a report of

each of his breeding flocks within the State to the Official State

Agency before the birds in a breeding flock reach 24 weeks of age.

Under the provisions of this proposed rule, those participation

requirements would also apply to ostrich hatching egg supply flocks and

hatchery operations, but with one difference. Because ostriches mature

at a slower rate than other poultry, ostrich breeding flocks would have

to be reported to the Official State Agency before the birds in the

flock reach 20

[[Page 12037]]

months of age, rather than 24 weeks of age as required for other

poultry.

Paragraph (c) of Sec. 145.5 refers to flocks qualifying for the

U.S. Pullorum-Typhoid Clean classification as prescribed in subpart B,

C, D, or E of part 145. Because we are proposing to add a subpart F to

the regulations for ostriches, and because that new subpart would

contain a U.S. Pullorum-Typhoid Clean classification for ostriches, we

would amend Sec. 145.5(c) so that it would refer to flocks qualified

for the classification ``as prescribed in subparts B, C, D, E, or F.''

A similar reference to flocks meeting the requirements of subpart B, C,

D, or E is found in the introductory text of Sec. 145.10. We would also

amend that text so that it includes a reference to subpart F.

Section 145.10 contains illustrative designs or emblems that

correspond to the Plan's various classifications. The design for the

U.S. Pullorum-Typhoid Clean classification is found in Sec. 145.10(b),

which currently reads ``U.S. Pullorum-Typhoid Clean. (See

Sec. 145.23(b), Sec. 145.33(b), Sec. 145.43(b), and Sec. 145.53(b).)''

Because we are proposing to establish a U.S. Pullorum-Typhoid Clean

classification for ostriches, we would amend Sec. 145.10(b) so that it

also refers to Sec. 145.63(a), which is the section in proposed subpart

F that would contain the requirements of the U.S. Pullorum-Typhoid

Clean classification for ostriches. Similarly, Sec. 145.14(a)(5) refers

to provisions of Sec. 145.23, Sec. 145.33, Sec. 145.43, and Sec. 145.53

regarding the U.S. Pullorum-Typhoid Clean classification; we would

include a reference to Sec. 145.63 in that paragraph as well.

Finally, we would amend the introductory text of Sec. 145.14 by

adding a provision regarding the blood testing of ostriches. That text

currently states that poultry must be more than 4 months of age when

blood tested for an official classification, except for turkeys, which

may be blood tested at 12 weeks of age, and game birds, which may be

blood tested when more than 4 months of age or upon reaching sexual

maturity, whichever comes first. In providing for the blood testing of

ostriches, we are proposing to add a similar exception. Specifically,

we would provide that ostriches must be more than 12 months of age to

be blood tested for an official classification. We would include that

exception because ostriches do not reach sexual maturity until

approximately a year after hatching. The immature ostriches are kept in

a juvenile rearing facility for that first year, so it would not be

necessary to test them for an official classification until such time

as they were ready to be integrated into a breeding flock.

Proposed New Regulations

As noted above, we would add a new subpart F, ``Special Provisions

for Ostrich Breeding Flocks and Products,'' to the regulations to

provide for the participation of ostrich breeding flocks in the Plan.

The proposed new subpart, which would consist of Secs. 145.61 through

145.63, would have the same format as existing subparts B through E,

but would contain only the U.S. Pullorum-Typhoid Clean classification.

Other official classifications may be added later through other

proposed rules if voting delegates at future National Plan Conferences

recommend that new classifications for ostrich flocks and products be

established.

The proposed new subpart would begin with Sec. 145.61,

``Definitions.'' With one exception, the terms used in proposed subpart

F are terms that are used elsewhere in the regulations and are,

therefore, already defined in Sec. 145.1. The only term that we are

proposing to define in proposed Sec. 145.61 is ostrich, which we would

define as: ``Birds of the species Struthio camelus, including all

subspecies and subspecies hybrids.'' That proposed definition would

limit the scope of proposed subpart F to ostrich breeding flocks and

products and would exclude flocks and products of other ratites such as

rheas, emus, and cassowaries.

Proposed Sec. 145.62, ``Participation,'' would take the same form

as the ``Participation'' sections in subparts B through E

(Secs. 145.22, 145.32, 145.42, and 145.52). The introductory text of

the section would state that participating flocks of ostriches, and the

eggs and chicks produced from them, would have to comply with the

applicable general provisions of subpart A and the special provisions

of subpart F. That statement would be included to explain the location

of the regulations that would apply to the participation of ostrich

flocks in the Plan.

Paragraph (a) would provide that started poultry (young poultry

that have been fed and watered and that are less than 6 months old)

would lose their identity under Plan terminology--that is, they would

not be considered U.S. Pullorum-Typhoid Clean poultry--if they were not

maintained under the conditions prescribed in Sec. 145.5(a). Under

Sec. 145.5(a), poultry equipment, poultry houses, and the land in their

immediate vicinity must be kept in sanitary condition, and the

participating flock, its eggs, and all equipment used in connection

with the flock must be kept separated from nonparticipating flocks. The

sanitation and segregation described in Sec. 145.5(a) are important

factors in maintaining the health of flocks, which is why we would

require that those conditions be met in order for started poultry to

retain its identity under Plan terminology.

Paragraph (b) of proposed Sec. 145.62 would require that the

hatching eggs produced by primary breeding flocks must be fumigated or

otherwise sanitized and refers the reader to Sec. 147.22, which

contains procedures for the sanitation of hatching eggs. This proposed

requirement for the sanitation of hatching eggs would serve to help

prevent the transmission of egg-disseminated diseases that could be

spread by unsanitized eggs.

Proposed Sec. 145.63, ``Terminology and classification; flocks and

products,'' would provide the criteria that would have to be met by

ostrich breeding flocks to qualify for Plan classifications. The

introductory text of Sec. 145.63 would, therefore, explain that

participating flocks, and the eggs and baby poultry produced from them,

that had met the respective requirements specified in the section could

be designated by the terms denoting each classification (e.g., U.S.

Pullorum-Typhoid Clean) and their corresponding designs illustrated in

Sec. 145.10. (As noted above, although we are proposing to establish

only a U.S. Pullorum-Typhoid Clean classification for ostriches, other

classifications for ostrich flocks and products could be added in the

future.)

Paragraph (a) of proposed Sec. 145.63 would set forth the

qualifying criteria for the U.S. Pullorum-Typhoid Clean classification

for ostrich flocks. Ostrich flocks seeking the U.S. Pullorum Typhoid

Clean classification would demonstrate their freedom from pullorum and

typhoid to the Official State Agency in one of two ways, which are

explained below. The two sets of criteria that we would include under

proposed Sec. 145.63(a) for ostrich flocks are essentially the same as

two of the sets of criteria provided for other poultry flocks seeking

the U.S. Pullorum-Clean classification in subparts B through E, and

would serve the same purpose.

Because blood testing may be used to demonstrate a flock's freedom

from pullorum-typhoid, the introductory text of proposed Sec. 145.63(a)

would include a statement indicating that the procedures for pullorum-

typhoid blood testing are set out in Sec. 145.14(a). Indeed, under

proposed Sec. 145.63(a)(1)--the first of the two proposed sets of

criteria--a flock could qualify for the U.S. Pullorum-Typhoid Clean

classification solely on the basis of blood testing if the flock had

[[Page 12038]]

been blood tested within the last 12 months with no reactors, i.e.,

none of the ostriches in the flock had tested positive for pullorum or

typhoid causal agents (Salmonella pullorum and S. gallinarum,

respectively).

Under proposed Sec. 145.63(a)(2), a multiplier breeding flock or

primary breeding flock could qualify for the U.S. Pullorum-Typhoid

Clean classification if a sample (all ostriches from flocks of 30 birds

or fewer, at least 30 ostriches from flocks up to 300 birds, or 10

percent of the ostriches in flocks of more than 300 birds) had been

officially tested for pullorum-typhoid within the past 12 months with

no reactors. Proposed Sec. 145.63(a)(2) would provide that a

bacteriological examination monitoring program could be used in lieu of

annual blood testing if the Official State Agency and APHIS approved

the alternative monitoring program. If the flock was a multiplier

breeding flock located in a State that had been a U.S. Pullorum-Typhoid

Clean State for the past 3 years, with no isolations of pullorum or

typhoid traceable to a source in that State during that 3-year period,

a serological examination monitoring program could also be used in lieu

of annual blood testing with the approval of the Official State Agency

and APHIS.

As noted previously, the two sets of criteria for the U.S.

Pullorum-Typhoid Clean classification for ostrich flocks described

above are, for all practical purposes, the same as two of the sets of

criteria provided in Secs. 145.23(b), 145.33(b), 145.43(b), and

145.53(b) for the U.S. Pullorum-Typhoid Clean classifications for egg-

type chicken flocks, meat-type chicken flocks, turkey flocks, and

waterfowl, exhibition poultry, and game bird flocks, respectively.

Those criteria for demonstrating the freedom of a flock from pullorum

and typhoid have been used, and are currently being used, successfully

by Plan participants operating under the existing regulations in

subparts B through E, and we believe, with the concurrence of the

voting delegates to the 1996 National Plan Conference, that those

criteria would be appropriate and effective for use in ostrich 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.

This proposed rule would amend the Plan to provide for the

participation of ostrich breeding flocks in the provisions of the Plan.

Adding provisions for ostriches to the Plan would 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 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 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

proposed in this document 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 would accrue to ostrich breeders and

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

proposed rule.

If the bulk of ostrich producers were to participate in the Plan,

their implementation of the Plan's management practices could be

expected to raise, or at least maintain, the level of health of

ostriches in the United States. Wide membership would 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 could validate

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

industry as whole. 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 would 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 would 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 would be minor compared to the

losses that each producer would 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 would 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 would not be mandatory, it is not

clear how many owners of ostriches would join the program. However,

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

ostriches each, who could potentially join. The potential entry of the

ostrich flocks into the Plan would not be expected to

[[Page 12039]]

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 would be minor and

could be expected to be balanced out by the benefits, we have concluded

that the proposed rule would be unlikely to have any significant impact

on producers or consumers. Including ostrich flocks in the Plan would

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 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

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 proposed rule have been

submitted for approval to the Office of Management and Budget (OMB).

Please send written comments to the Office of Information and

Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,

DC 20503. Please state that your comments refer to Docket No. 97-043-1.

Please send a copy of your comments to: (1) Docket No. 97-043-1,

Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River

Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer,

OIRM, USDA, room 404-W, 14th Street and Independence Avenue SW.,

Washington, DC 20250. A comment to OMB is best assured of having its

full effect if OMB receives it within 30 days of publication of this

proposed rule.

This proposed rule would amend the provisions of the Plan to

provide for the participation of ostrich breeding flocks and products.

This would 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.

Expanding the Plan to include ostrich breeding flocks and products

would necessitate the use of several forms that would enable us to

acquire important information concerning sales of ostrich hatching eggs

and chicks, flock testing reports, hatchery records, and other data.

This information would allow us to monitor the movements of hatching

eggs, chicks, and poults; determine the source of a hatchery-

disseminated or egg-transmitted disease, and maintain an up-to-date

list of program participants.

We are soliciting comments from the public (as well as affected

agencies) concerning these proposed information collection and

recordkeeping requirements. We need this outside input to help us:

(1) Evaluate whether the proposed information collection is

necessary for the proper performance of our agency's functions,

including whether the information will have practical utility;

(2) Evaluate the accuracy of our estimate of the burden of the

proposed information collection, including the validity of the

methodology and assumptions that would be used;

(3) Enhance the quality, utility, and clarity of the information to

be collected; and

(4) Minimize the burden of the proposed information collection on

those who are to respond (such as through the use of appropriate

automated, electronic, mechanical, or other technological collection

techniques or other forms of information technology, e.g., permitting

electronic submission of responses).

Estimate of burden: Public reporting burden for this collection of

information is estimated to average 1 hour per response.

Respondents: Flockowners, breeders, hatchery operators, and State

veterinary medical officers.

Estimated annual number of respondents: 1.

Estimated annual number of responses per respondent: 5.

Estimated annual number of responses: 5.

Estimated total annual burden on respondent: 5 hours.

Copies of this information collection can be obtained from

Clearance Officer, OIRM, USDA, room 404-W, 14th Street and Independence

Avenue SW., Washington, DC 20250.

List of Subjects in 9 CFR Part 145

Animal diseases, Poultry and poultry products, Reporting and

recordkeeping requirements.

Accordingly, 9 CFR part 145 would be amended as follows:

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).

Sec. 145.1 [Amended]

2. In Sec. 145.1, the definition of poultry would be amended by

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

Sec. 145.3 [Amended]

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

second sentence would be 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) would be 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 would be

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

in their place, and paragraph (b) would be 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 would be 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) would be 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 would be 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.

[[Page 12040]]

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 9th day of March 1998.

Craig A. Reed,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 98-6374 Filed 3-11-98; 8:45 am]

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