302 Kar 20:250. Avian Influenza

Link to law: http://www.lrc.ky.gov/kar/302/020/250.htm
Published: 2015

      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.)
Read Entire Law on www.lrc.ky.gov