Georgia Department of Agriculture

Notice of Intent to Consider Adoption of Amendments to Rule 40-13-2-.15 relating to Interstate Movement Health Requirements for Poultry

GDOA SEAL
      Gary W. Black
      Commissioner
 
 

Georgia Department of Agriculture

Capitol Square • Atlanta, Georgia 30334-4201

 



 DATE: September 18, 2015

ACTION: Notice of Intent to Consider Adoption of Amendments to Rule 40-13-2-.15 relating to Interstate Movement Health Requirements for Poultry

TO ALL INTERESTED PERSONS AND PARTIES:

Pursuant to the Official Code of Georgia Annotated, O.C.G.A. §§ 4-4-2 and 50-13-4, notice is hereby given that the Georgia Department of Agriculture Animal Industry Division will be considering the adoption of amendments to Rule 40-13-2-.15 relating to the Interstate Movement Health Requirements for Poultry. The Department will be accepting written comments from September 18, 2015, to close of business (4:30 p.m. EDT) on October 19, 2015.

SYNOPSIS, MAIN FEATURES AND DIFFERENCES

The Animal Industry Division of the Georgia Department of Agriculture is proposing to amend Rule 40-13-2-.15 in accordance with the recently promulgated Emergency Rule relating to Poultry.

Proposed Rule 40-13-2-.15(1) would be amended to require a N.P.I.P. Form 9-2, if applicable, in addition to a CVI or N.P.I.P. Form 9-3 and by removing the qualification “if produced under a pullorum-typhoid control phase of the N.P.I.P.” The address for the Georgia Poultry Laboratory would also be updated, and a provision for waiver of the CVI and/or N.P.I.P Form requirements for companies operating out of an adjacent state, if a memorandum of understanding about the company is reached between the two official state agencies and is updated yearly, would be added.

Proposed Rule 40-13-2-.15(2) would replace “control phase” of the N.P.I.P. with “PT Clean and AI Clean Programs” of the N.P.I.P. The Rule would also require poultry not participating in the programs to be tested negative for pullorum-typhoid disease, using an approved serology test, and avian influenza, using an approved antigen detection test. Likewise, breeder flocks from which hatching eggs and unfed and unwatered poultry originate must be tested negative for pullorum-typhoid disease, using an approved serology test, and avian influenza, using an approved antigen detection test. All testing must occur within twenty-one (21) days prior to entering Georgia.

Proposed Rule 40-13-2-.15(3) would replace “pigeons” with “other gallinaceous birds” and would also replace “control phase” of the N.P.I.P. with “PT Clean and AI Clean Programs” of the N.P.I.P. The rule would require domestic quail, pheasants, and other gallinaceous birds be tested negative for pullorum-typhoid disease, using an approved serology test, and avian influenza, using an approved antigen detection test within twenty-one (21) days prior to entering Georgia. Homing pigeons entering Georgia only for competition will no longer be exempt from the pullorum-typhoid testing requirements. Proposed Rule 40-13-2-.15(4) would require the order Anseriforme, which includes waterfowl, be tested negative for avian influenza, using an approved antigen detection test within twenty-one (21) days prior to entering Georgia

The Department is proposing to add a new Rule 40-13-2-.15(5) which would provide that, when testing for pullorum-typhoid, all birds coming into Georgia must be tested individually. When testing for avian influenza, for birds coming into Georgia in shipments of under thirty (30) birds, all birds must be tested; for shipments of over thirty (30) birds, at least thirty (30) birds from the flock must be tested. The remaining provisions would be renumbered according to this addition.

Proposed Rule 40-13-2-.15(6) would clarify that poultry vaccinated “with live” rather than “for” Mycoplasma gallisepticum may not be imported into the state of Georgia without prior written permission of the State Veterinarian.

Proposed Rule 40-13-2-.15(7) would remove “low pathogenic” from the provision heading.

Proposed Rule 40-13-2-.15(7)(a)(4) would remove “low pathogenic” from the defined term and establish a definition for “avian influenza” which would be defined as “the detection of subtype H5 or H7 avian influenza virus as confirmed by the U.S. Department of Agriculture.”

The Department is proposing to replace the current definition for “State affected with low pathogenic avian influenza” in current Rule 40-13-2-.15(6)(a)(5) with a definition for “State Control Zone (SCZ)” in proposed Rule 40-13-2-.15(7)(a)(5).

Proposed Rule 40-13-2-.15(7)(a)(6) would amend the definition for “Cleaned and disinfected” by clarifying that the item is free of “visible” organic matter and is disinfected with a disinfectant effective against Influenza virus as opposed to being disinfected with a phenolic, quaternary ammonium, or chlorine based disinfectant or other approved agent that is virucidal to avian influenza virus.

The Department is also proposing to add a definition for “Contiguous State Business Continuity Control Zone (CSBCCZ)” as new Rule 40-13-2-.15(7)(a)(7) which shall mean control zone within a state sharing a border with Georgia that encompasses poultry companies doing daily business across state lines including transportation of feed and poultry products.

Proposed Rule 40-13-2-.15(7)(b) would clarify that that “No live poultry” includes unfed baby chicks and hatching eggs. This Rule will also be amended by replacing products originating from “any flock affected with low pathogenic avian influenza” with products originating from “an SCZ” and removing the provision “including non-commercial poultry.” Furthermore, proposed Rule 40-13-2-.15(7)(b) will add a provision that no live poultry or poultry products may enter Georgia for any purpose “until the state of origin has depopulated infected flocks, has had no new infections, and the Control Zone has been officially released from quarantine by State authorities, except under permit from the State Veterinarian.” Live poultry, including baby chicks and hatching eggs, or poultry products originating from a CSBCCZ will follow procedures outlined in the Georgia Initial State Response and Containment Plan or a contiguous state’s avian influenza response plan.”

The Department is proposing to amend Rule 40-13-2-.15 by removing current provisions 40-13-2-.15(6)(c) through 40-13-2-.15(6)(f) and renumbering the remainder of the Rule accordingly.

The Department’s proposed amendments would replace the terms “state” and “states” in proposed Rule 40-13-2-.15(7)(c) and proposed Rule 40-13-2-.15(7)(d) with “SCZ”.

The Department’s proposed amendments would remove “low pathogenic” from proposed Rule 40-13-2-.15(7)(c) and proposed rule 40-13-2-.15(7)(e).

The Department’s proposed amendments would add “N.P.I.P. Form 9-2 between “USDA form 9-3” and “or CVI” in proposed Rule 40-13-2-.15(7)(d).

Finally, proposed Rule 40-13-2-.15(7)(f) would be amended to read “other import requirements required by the Georgia Department of Agriculture” rather than “other import requirements required under Georgia Department of Agriculture Rule 30-13-3-.07.

COMMENT PERIOD AND ADDITIONAL INFORMATION:

The Department will be accepting written comments September 18, 2015, to close of business (4:30 p.m. EDT) on October 19, 2015. Comments will be considered on October 20, 2015. Please submit written comments to:

Dr. Robert M. Cobb, DVM
Division Director
Animal Industry Division
Georgia Department of Agriculture
19 Martin Luther King, Jr. Drive
Atlanta, Georgia 30334
Telephone Number: 404-656-3667

Interested persons may call or submit a written request to obtain a copy of the proposed rules. A copy of the synopsis and the proposed rules may be downloaded from the Georgia Department of Agriculture website at www.agr.georgia.gov.

This notice is given in compliance with the Georgia Administrative Procedure Act, O.C.G.A. § 50-13-4.

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