302 KAR 20:250. Avian influenza.
RELATES TO: KRS 257.070(2), 9 C.F.R.
71.10
STATUTORY AUTHORITY: KRS 257.030,
257.070(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS
257.070 requires that importation of animals into Kentucky complies with
administrative regulations promulgated by the board. This administrative
regulation establishes requirements for entry into Kentucky to prevent the
introduction and spread of avian influenza virus into Kentucky domestic
poultry.
Section 1. Definitions. (1)
"AGID" means Agar Gel Immunodiffusion.
(2) "Clean and disinfected"
means the item is free of organic matter and is disinfected with a phenolic or
chlorine-based disinfectant or other agent, approved in 9 CFR 71.10, that is
viricidal to avian influenza virus.
(3) "Domestic poultry" means
chickens, turkeys, quail, pheasants, chukars, peafowl, guineas, ratites, and
waterfowl.
(4) "ELISA" means Enzyme Linked
Immunosorbent Assay.
(5) "Flock affected with low
pathogenic avian influenza" means the subtype H5 or H7 low pathogenic
avian influenza virus has been diagnosed in that flock.
(6) "Low pathogenic avian
influenza" means the detection of subtype H5 or H7 low pathogenic avian
influenza virus by serology, antigen detection, or virus isolation.
(7) "NPIP" means National
Poultry Improvement Plan.
(8) "Poultry products" means
hatching eggs, chicks, poults, table eggs, litter, and offal, except for
processed poultry meat for human consumption.
(9) "State affected with low
pathogenic avian influenza" means low pathogenic avian influenza virus has
been diagnosed anywhere within the state in chickens or turkeys raised
intensively for commercial purposes. A state shall be considered to remain
affected with low pathogenic avian influenza until the state has depopulated
infected flocks and had no new infection for at least ninety (90) days after
depopulation.
Section 2. Live domestic poultry or
poultry products originating from any flock affected with low pathogenic avian
influenza, including noncommercial poultry, shall not enter Kentucky for any purpose.
Section 3. (1) Unfed baby chicks or
hatching eggs from states affected with low pathogenic avian influenza,
including noncommercial poultry, shall enter Kentucky only under the following
circumstances:
(a) The unfed baby chicks or hatching
eggs originate from a flock that is certified avian influenza clean from the
NPIP, with the flock testing negative within thirty (30) days prior to chicks
or eggs entering Kentucky, and the shipment is accompanied by a USDA VS Form
9-3 listing test dates, test results, and name of testing laboratory;
(b) The unfed baby chicks or hatching
eggs originate from an avian influenza negative flock that participates in an
approved state sponsored avian influenza monitoring program, with the flock testing
negative within thirty (30) days prior to chicks or eggs entering Kentucky, and
the shipment is accompanied by a Certificate of Veterinary Inspection
indicating participation and listing the general description of the birds, test
dates, test results, and name of testing laboratory; or
(c) The unfed baby chicks or hatching
eggs originate from a flock in which a minimum of thirty (30) birds, or the
complete flock if fewer than thirty (30), are serologically negative to an
ELISA or AGID test for avian influenza within thirty (30) days prior to chicks
or eggs entering Kentucky. If more than one (1) house or pen is on the
premises, samples from poultry in each house or pen shall be represented in the
tests. The shipment shall be accompanied by a Certificate of Veterinary
Inspection listing the general description of the birds, test dates, test results,
and name of testing laboratory.
(2) All source flocks supplying a
hatchery or collection point shall comply with this section in order for any
unfed baby chicks or hatching eggs from that hatchery or collection point to be
shipped into Kentucky.
(3) Upon confirmation of health
requirements and prior to entry into Kentucky, a permit number shall be issued
by the Kentucky Department of Agriculture by calling (502) 564-3956, Monday
through Friday, 8 a.m. to 4:30 p.m. The permit number shall be recorded on the
USDA VS Form 9-3 or the Certificate of Veterinary Inspection.
Section 4. Chicks, poults, or hatching
eggs originating from a hatchery or collection point that received eggs from a
low pathogenic avian influenza flock shall not enter Kentucky unless:
(1) All eggs from the flocks affected
with low pathogenic avian influenza have been removed from the hatchery or
collection point;
(2) Following removal of the eggs from
the affected flock, the hatchery or collection point and associated equipment,
containers, and vehicles have been thoroughly cleaned and disinfected; and
(3) A statement from the owner, manager,
or agent verifying compliance with the requirements of this section is included
on or attached to the USDA VS Form 9-3 or Certificate of Veterinary Inspection.
Section 5. (1) Chicks, poults, or
hatching eggs entering Kentucky from states affected with low pathogenic avian
influenza shall be transported in new disposable containers or reusable
containers that have been cleaned and disinfected.
(2) A statement from the owner, manager,
or agent verifying compliance the requirement of subsection (1) of this section
shall be included on or attached to the USDA VS Form 9-3 or the Certificate of
Veterinary Inspection.
(3) Disposable containers and any
associated papers with the shipment shall be properly disposed at the point of
destination.
(4) Reusable containers shall be cleaned
and disinfected a second time at the point of destination.
Section 6. Live poultry and poultry
products, except unfed baby chicks and hatching eggs, from states affected with
low pathogenic avian influenza may enter Kentucky only under the following
circumstances:
(1) A minimum of thirty (30) birds
representative of the flock are serologically negative to an ELISA or AGID test
for avian influenza within 120 hours of entry and a minimum of ten (10) birds
(two (2) pools of five (5) birds each) representative of the flock are tested
negative on tracheal swabs to a Directigen test within seventy-two (72) hours
of entry. If more than one (1) house or pen is on the premises, samples from
poultry in each house or pen shall be represented in the tests. The shipment
shall be accompanied by a Certificate of Veterinary Inspection listing the
general description of the birds, test dates, test results, and name of testing
laboratory; and
(2) Upon confirmation of health
requirements and prior to entry into Kentucky, a permit number shall be issued
by the Kentucky Department of Agriculture by calling (502) 564-3956, Monday
through Friday, 8 a.m. to 4:30 p.m. The permit number shall be recorded on the
Certificate of Veterinary Inspection.
Section 7. Poultry originating from
Kentucky that have been transported to a state that is affected with low
pathogenic avian influenza shall not return to Kentucky until the time that
they have met the requirements established in Section 6 of this administrative
regulation.
Section 8. (1) All vehicles associated
with transporting poultry or poultry products from states affected with avian
influenza shall be cleaned and disinfected prior to loading of poultry or
poultry products.
(2) Loaded vehicles shall also have
tires, wheels, and undercarriage cleaned and disinfected a second time after
leaving the premises and prior to entering Kentucky.
(3) Vehicles used to transport poultry or
poultry products that are empty shall be completely cleaned and disinfected
inside and outside prior to entering Kentucky.
(4) A statement from the owner, manager,
or agent verifying compliance with the requirements of this section shall be
included on or attached to the USDA VS Form 9-3 or the Certificate of Veterinary
Inspection, if the documents are required by Sections 3 to 6 of this
administrative regulation.
Section 9. If the Kentucky Department of
Agriculture determines that a state affected with low pathogenic avian
influenza poses a risk to Kentucky poultry, then the department may restrict
the entry of poultry into Kentucky for the purpose of being offered for sale,
barter, exchange, or exhibition in any auction market, marketplace, fair, show,
or other event where live poultry are customarily assembled in Kentucky from
multiple sources.
Section 10. Penalties for any violation
of this administrative regulation shall be in accordance with KRS 257.990.
Section 11. Incorporation by Reference.
(1) "United States Department of Agriculture, Animal and Plant Health
Inspection Service, National Poultry Improvement Plan' Report of Sales of
Hatching Eggs, Chicks, and Poults', Form VS 9-3, June, 1998" is
incorporated by reference.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the office of the
Department of Agriculture, Office of State Veterinarian, 100 Fair Oaks, 2nd
Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
(29 Ky.R. 592; Am. 1265; eff. 11-13-02.)