Cocka2.Com - 1998 CFR Title 9, Volume 1

1998 CFR Title 9, Volume 1

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Title 9--Animals and Animal Products CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE PART 82--EXOTIC NEWCASTLE DISEASE (END) AND CHLAMYDIOSIS; POULTRY DISEASE CAUSED BY SALMONELLA ENTERITIDIS SEROTYPE ENTERITIDIS
82.1	Definitions.
82.2	Criteria for determining birds or poultry to be infected with, exposed to, or free from END.
82.3	Quarantined areas.
82.4	General provisions.
82.5	Interstate movement of live birds and live poultry from a quarantined area.
82.6	Interstate movement of dead birds and dead poultry from a quarantined area.
82.7	Interstate movement of manure and litter from a quarantined area.
82.8	Interstate movement of eggs, other than hatching eggs, from a quarantined area.
82.9	Interstate movement of hatching eggs from a quarantined area.
82.10	Interstate movement of vehicles, cages, coops, containers, troughs, and other equipment from a quarantined area.
82.11	Issuance of permits.
82.12	Other interstate movements and special permits.
82.13	Denial and withdrawal of permits and special permits.
82.14	Removal of quarantine.
82.15	Replacement birds and poultry.
82.19	Definitions.
82.20	General restrictions.
82.21	Vehicles, cages, coops, containers, troughs, and other equipment used for infected poultry.
82.22	Cleaning and disinfecting premises.
82.23	Issuance of permits.
82.24	Other interstate movements and special permits.
82.25	Denial and withdrawal of permits and special permits.
82.30	Definitions.
82.31	Applicability.
82.32	Identification of study flocks, test poultry houses, test flocks, infected poultry houses, and infected flocks.
82.33	Interstate movement or export of articles from test poultry houses, test flocks, infected poultry houses, and infected flocks.
82.34	Interstate movement of hatching eggs and newly-hatched chicks.
82.35	Issuance of permits.
82.36	Denial and withdrawal of permits.
82.37	Cleaning, washing, and disinfection of depopulated infected poultry houses.
82.38	Monitoring other poultry houses on premises containing infected poultry houses; monitoring poultry houses released from infected poultry house status.

[Code of Federal Regulations]
[Title 9, Volume 1, Parts 1 to 199]
[Revised as of January 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR82.1 - 9CFR82.38]

[Pages 242-263]

TITLE 9--ANIMALS AND ANIMAL PRODUCTS

CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE

PART 82--EXOTIC NEWCASTLE DISEASE (END) AND CHLAMYDIOSIS; POULTRY DISEASE CAUSED BY
SALMONELLA ENTERITIDIS SEROTYPE ENTERITIDIS--Table of Contents

Subpart A--Exotic Newcastle Disease (END)

Sec. 82.1 Definitions.

As used in connection with this subpart, the following terms shall
have the meaning set forth in this section.
Administrator. The Administrator of the Animal and Plant Health
Inspection Service or any individual authorized to act for the
Administrator.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service of the United States Department of
Agriculture.
Bird. Any member of the class aves other than poultry.
Dressed carcasses. Carcasses of birds or poultry that have been
eviscerated, with heads and feet removed.
END. Any velogenic Newcastle disease. END is an acute, rapidly
spreading, and usually fatal viral disease of birds and poultry.
Exposed. At risk of developing END because of association with birds
or poultry infected with END, excrement from birds or poultry infected
with END, or other material touched by birds or poultry infected with
END, or because there is reason to believe that association has occurred
with END or vectors of END, as determined by either a Federal
veterinarian or a State veterinarian.
Federal representative. An individual employed and authorized by the
Federal government to perform the tasks required by this subpart.
Federal veterinarian. A veterinarian employed and authorized by the
Federal government to perform the tasks required by this subpart.
Hatching eggs. Eggs in which birds or poultry are allowed to
develop.
Infected. Affected by the virus or bacterium that causes the
specified disease.
Interstate. From one State into or through any other State.
Known to be exposed. Determined by either a Federal veterinarian or
a State veterinarian to be at risk of developing END because of
association with birds or poultry infected with END, excrement from
birds or poultry infected with END, or other material touched by birds
or poultry infected with END, or because there is reason to believe that
association has occurred with END or vectors of END, as determined by
either a Federal veterinarian or a State veterinarian.
Known to be infected. Determined by either a Federal veterinarian or
a State veterinarian to be affected by the virus or bacterium that
causes the specified disease.
Litter. Material that is used to collect and absorb bodily wastes
from birds or poultry.
Moved. Shipped, transported or otherwise moved, or delivered or
received for movement, by any person.
Official seal. A serially numbered metal or plastic strip,
consisting of a self-locking device on one end and a slot on the other
end, that forms a loop when the ends are engaged and that cannot be
reused if opened, or a serially numbered, self-locking button that can
be used for this purpose.
Person. Any individual, corporation, company, association, firm,
partnership, society, joint stock company, or other legal entity.
Pet bird. Any bird that is kept for personal pleasure and is not for
sale.
Poultry. Chickens, doves, ducks, geese, grouse, guinea fowl,
partridges, pea fowl, pheasants, pigeons, quail, swans, and turkeys.
Recognized slaughtering establishment. Any slaughtering facility
operating under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.),
the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), or State
meat or poultry inspection acts.

[[Page 243]]

Render. Reduce, convert, or melt down by heating to a temperature of
at least 230 deg.F so that oil is removed.
State. Each of the States of the United States, the District of
Columbia, Puerto Rico, the Northern Mariana Islands, Guam, the Virgin
Islands of the United States, or any other territory or possession of
the United States.
State animal health official. The State official responsible for
livestock- and poultry-disease control and eradication programs.
State representative. An individual employed in animal health work
and authorized by a State or political subdivision of a State to perform
the tasks required by this subpart.
State veterinarian. A veterinarian employed and authorized by a
State or political subdivision of a State to perform the tasks required
by this subpart.
Veterinarian in charge. A Federal veterinarian employed by the
Animal and Plant Health Inspection Service and authorized by the
Administrator to supervise and manage the animal health work of the
Animal and Plant Health Inspection Service in a specified area of the
United States.

Sec. 82.2 Criteria for determining birds or poultry to be infected with, exposed to,
or free from END.

(a) The determination that birds or poultry are infected with END
must be made by either a Federal veterinarian or a State
veterinarian.1 They will base that determination on one or
more of the following factors: clinical evidence (signs, post-mortem
lesions, and history of the occurrence of END); diagnostic tests;
2 or epidemiological evidence (evaluation of clinical
evidence and the degree of risk posed by the potential spread of END
based on population and exposure factors, including evaluation of
whether the birds and poultry have had the opportunity to be in contact
with birds or poultry infected with END or with excrement from birds or
poultry infected with END, or if the birds and poultry have shared feed
or water with birds or poultry infected with END).
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\1\ The location of Federal veterinarians and State veterinarians
may be obtained by writing to Emergency Programs, Veterinary Services,
Animal and Plant Health Inspection Service, 4700 River Road, Unit 41,
Riverdale, MD 20737-1231, or by referring to the local telephone book.

\2\ A copy of the protocols for END diagnostic tests may be obtained
by writing to Emergency Programs, Veterinary Services, Animal and Plant
Health Inspection Service, 4700 River Road Unit 41, Riverdale, MD 20737-
1231. The protocols are also found in ``Recommended Uniform Diagnostic
Procedures,'' published by the Committee of the American Association of
Veterinary Laboratory Diagnosticians.
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(b) The determination that birds or poultry are exposed to END must
be made by either a Federal veterinarian or a State veterinarian. They
will base that determination on an evaluation of all related
circumstances, including: the proximity of the birds or poultry to birds
or poultry infected with END, to excrement from birds or poultry
infected with END, and to other material touched by birds or poultry
infected with END; the number of birds or poultry infected with END to
which the birds or poultry were exposed; the species involved; the
virulence of the END to which the birds or poultry were exposed; and the
length of time the birds or poultry were in contact with birds or
poultry infected with END, and to material touched by birds or poultry
infected with END. Birds or poultry determined to be exposed to END will
continue to be treated as exposed unless they are subsequently
determined to be infected with END or until either a Federal
veterinarian or a State veterinarian finds them to be free of END based
on one or more of the factors listed in paragraph (a) of this section.

(Approved by the Office of Management and Budget under control number
0579-0116)

Sec. 82.3 Quarantined areas.

(a) Any area where birds or poultry infected with END are located
will be designated as a quarantined area. A quarantined area is any
geographical area, which may be a premises or all or part of a State,
deemed by epidemiological evaluation to be sufficient to contain all
birds or poultry known to be infected with or exposed to END.

[[Page 244]]

Less than an entire State will be designated as a quarantined area only
if the State enforces restrictions on intrastate movements from the
quarantined area that are at least as stringent as this subpart.
(b) Any area designated as a quarantined area because of END will
remain designated as a quarantined area until all of the requirements of
Sec. 82.14 have been met.
(c) The following areas are quarantined because of END: (Currently,
no areas are quarantined because of END.)

Sec. 82.4 General provisions.

(a) Prohibitions. The following articles may not be moved interstate
from a quarantined area:
(1) Dead birds and dead poultry, including any parts of the birds or
poultry, that are infected with END, or are from a flock of birds or
poultry infected with END;
(2) Litter used by or manure generated by birds or poultry, or a
flock of birds or poultry, infected with END;
(3) Any eggs from birds or poultry, or a flock of birds or poultry,
infected with END;
(4) Hatching eggs from flocks of birds or poultry exposed to END;
and
(5) Live birds or live poultry from flocks infected with or exposed
to END.
(b) Restrictions. The following articles may be moved interstate
from a quarantined area only in accordance with this subpart:
(1) Live birds or live poultry not known to be infected with or
exposed to END;
(2) Dressed carcasses of birds and poultry, and other dead birds and
dead poultry, including any parts of the birds or poultry, that are not
known to be infected with END;
(3) Litter used by or manure generated by birds or poultry not known
to be infected with END;
(4) Eggs, other than hatching eggs, from birds or poultry from
flocks not known to be infected with END;
(5) Hatching eggs from birds or poultry not known to be infected
with or exposed to END; and
(6) Cages, coops, containers, troughs, vehicles, or other equipment
used for birds, poultry, eggs, manure, or litter.
(c) Exceptions. This subpart does not apply to the interstate
movement of birds, poultry, or other articles from a quarantined area if
the interstate movement is made by the United States Department of
Agriculture for purposes of research or diagnosis.

Sec. 82.5 Interstate movement of live birds and live poultry from a quarantined area.

(a) Pet birds. An individual may move his or her pet birds
interstate from a quarantined area if the birds are not known to be
infected with or exposed to END and:
(1) The birds are accompanied by a permit obtained in accordance
with Sec. 82.11;
(2) Epidemiological evidence, as described in Sec. 82.2(a),
indicates that the birds are not infected with any communicable disease;
(3) The birds show no clinical signs of sickness (such as diarrhea,
nasal discharge, ocular discharge, ruffled feathers, or lack of
appetite) during the 90 days before interstate movement;
(4) The birds have been maintained apart from other birds and
poultry in the quarantined area during the 90 days before interstate
movement;
(5) The birds have been under the ownership and control of the
individual to whom the permit is issued for the 90 days before
interstate movement;
(6) The birds are moved interstate by the individual to whom the
permit is issued;
(7) The birds are caged while being moved interstate;
(8) The individual to whom the permit is issued maintains ownership
and control of the birds and maintains them apart from other birds and
poultry from the time they arrive at the place to which the individual
is taking them until a Federal representative or State representative
3 examines the birds and determines that the birds

[[Page 245]]

show no clinical signs of END. The examination will not be less than 30
days after the interstate movement;
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\3\ The location of Federal representatives and State
representatives may be obtained by writing to Emergency Programs,
Veterinary Services, Animal and Plant Health Inspection Service, 4700
River Road Unit 41, Riverdale, MD 20737-1231.
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(9) The individual to whom the permit is issued allows Federal
representatives and State representatives to examine the birds at any
time until they are declared free of END by either a Federal
veterinarian or a State veterinarian;
(10) Within 24 hours of a bird's dying or showing clinical signs of
sickness (such as diarrhea, nasal discharge, ocular discharge, ruffled
feathers, or lack of appetite), the individual to whom the permit is
issued notifies the veterinarian in charge or the State animal health
official 4 in the State to which the birds are moved; and
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\4\ The location of the veterinarian in charge or the State animal
health official may be obtained by writing to Emergency Programs,
Veterinary Services, Animal and Plant Health Inspection Service, 4700
River Road Unit 41, Riverdale, MD 203/737-1231, or by referring to the
local telephone book.
---------------------------------------------------------------------------

(11) The individual to whom the permit is issued submits copies of
the permit so that a copy is received by the State animal health
official and the veterinarian in charge for the State of destination
within 72 hours of the arrival of the birds at the destination listed on
the permit.
(b) Other birds and poultry. Except as provided for pet birds in
paragraph (a) of this section, a person may move live birds and live
poultry that are not known to be infected with or exposed to END
interstate from a quarantined area only if:
(1) The birds and poultry are accompanied by a permit obtained in
accordance with Sec. 82.11;
(2) The birds or poultry are covered in such a way as to prevent
feathers and other debris from blowing or falling off the means of
conveyance;
(3) The birds or poultry are moved in a means of conveyance either
under official seal or are accompanied by a Federal representative;
(4) Except for emergencies, the birds or poultry are not unloaded
until their arrival at the destination listed on the permit required by
paragraph (b)(1) of this section;
(5) If poultry, the poultry are moved interstate to a recognized
slaughtering establishment 5 and are slaughtered within 24
hours of arrival at the recognized slaughtering establishment;
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\5\ A list of recognized slaughtering establishments in any State
may be obtained from a Federal representative, the State animal health
official, or a State representative.
---------------------------------------------------------------------------

(6) If birds other than poultry, the birds are moved to a site
approved by the Administrator; and
(7) The permit required by paragraph (b)(1) of this section is
presented upon arrival at the recognized slaughtering establishment or
approved site to a State representative or Federal representative.
Copies of the permit must also be submitted so that a copy is received
by the State animal health official and the veterinarian in charge for
the State of destination within 72 hours of arrival at the recognized
slaughtering establishment.

(Approved by the Office of Management and Budget under control number
0579-0116)

Sec. 82.6 Interstate movement of dead birds and dead poultry from a quarantined area.

(a) Except as provided in paragraph (b) of this section for dressed
carcasses, dead birds and dead poultry, including any parts of the birds
and poultry, that are not known to be infected with END may be moved
interstate from a quarantined area only if:
(1) The dead birds and dead poultry are accompanied by a permit
obtained in accordance with Sec. 82.11;
(2) The dead birds and dead poultry are covered in such a way as to
prevent feathers and other debris from blowing or falling off the means
of conveyance;
(3) The dead birds and dead poultry are moved in a means of
conveyance either under official seal or accompanied by a Federal
representative;
(4) The dead birds and dead poultry are not unloaded until their
arrival at the destination listed on the permit required by paragraph
(a)(1) of this section;
(5) The dead birds and dead poultry are moved, without stopping, to
the destination listed on the permit required by paragraph (a)(1) of
this section, except for normal traffic conditions, such as traffic
lights and stop signs;

[[Page 246]]

(6) The dead birds and dead poultry are disposed of, within 24 hours
after being loaded for interstate movement, by burial or composting in
accordance with the procedures set forth in Sec. 82.14(c)(1) and (c)(2),
or by rendering, incineration, or other means approved by the
Administrator as being adequate to prevent the dissemination of END; and
(7) Copies of the permit accompanying the dead birds and dead
poultry interstate are submitted so that a copy is received by the State
animal health official and the veterinarian in charge for the State of
destination within 72 hours of the arrival of the dead birds and dead
poultry at the destination listed on the permit required by paragraph
(a)(1) of this section.
(b) Dressed carcasses from birds and poultry that are not known to
be infected with END may be moved interstate from a quarantined area
only if:
(1) The dressed carcasses are from birds or poultry that were
slaughtered in a recognized slaughtering establishment; 6
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\6\ See footnote 5 to Sec. 82.5.
---------------------------------------------------------------------------

(2) The dressed carcasses are accompanied by a permit obtained in
accordance with Sec. 82.11;
(3) The dressed carcasses are moved in a means of conveyance either
under official seal or accompanied by a Federal representative;
(4) The dressed carcasses are not unloaded until their arrival at
the destination listed on the permit required by paragraph (b)(2) of
this section;
(5) The dressed carcasses are moved, without stopping, to the
destination listed on the permit required by paragraph (b)(2) of this
section, except for normal traffic conditions, such as traffic lights
and stop signs; and
(6) Copies of the permit accompanying the dressed carcasses
interstate are submitted so that a copy is received by the State animal
health official and the veterinarian in charge for the State of
destination within 72 hours of the arrival of the dressed carcasses at
the destination listed on the permit required by paragraph (b)(2) of
this section.

(Approved by the Office of Management and Budget under control number
0579-0116)

Sec. 82.7 Interstate movement of manure and litter from a quarantined area.

Manure generated by and litter used by birds or poultry not known to
be infected with END may be moved interstate from a quarantined area
only if:
(a) The manure and litter is accompanied by a permit obtained in
accordance with Sec. 82.11;
(b) The manure and litter has been heated throughout, in the
quarantined area, to a temperature of not less than 175 deg.F (79.4
deg.C), and then placed either in a previously unused container or in a
container that has been cleaned and disinfected, since last being used,
in accordance with part 71 of this chapter;
(c) The declaration or affidavit required by Sec. 82.11(b) lists the
location of the poultry or birds that generated the manure or used the
litter, and the name and address of the owner of the poultry or birds
that generated the manure or used the litter; and
(d) Copies of the permit accompanying the manure and litter
interstate are submitted so that a copy is received by the State animal
health official and the veterinarian in charge for the State of
destination within 72 hours of the arrival of the manure and litter at
the destination listed on the permit.

Sec. 82.8 Interstate movement of eggs, other than hatching eggs, from a quarantined area.

(a) Eggs, other than hatching eggs, from birds or poultry from
flocks not known to be infected with END may be moved interstate from a
quarantined area only if:
(1) The eggs are accompanied by a permit obtained in accordance with
Sec. 82.11;
(2) The eggs have been cleaned and sanitized in accordance with 7
CFR part 59;
(3) The eggs are packed either in previously unused flats or cases
or in used plastic flats or cases that were cleaned and disinfected,
since last being used, in accordance with part 71 of this chapter;
(4) The eggs are moved to a facility where they are examined to
ensure they have been cleaned and sanitized in accordance with paragraph
(a)(2) of this section; and

[[Page 247]]

(5) Copies of the permit accompanying the eggs interstate are
submitted so that a copy is received by both the State animal health
official and the veterinarian in charge for the State of destination
within 72 hours of the arrival of the eggs at the facility.
(b) Any flats or cases intended for reuse after being used to move
eggs interstate to a facility under this section must be cleaned and
disinfected in accordance with part 71 of this chapter before being
moved to a premises where birds or poultry are kept.

Sec. 82.9 Interstate movement of hatching eggs from a quarantined area.

Hatching eggs from birds or poultry not known to be infected with or
exposed to END may be moved interstate from a quarantined area only if:
(a) The hatching eggs are accompanied by a permit obtained in
accordance with Sec. 82.11;
(b) Copies of the permit accompanying the hatching eggs are
submitted so that a copy is received by both the State animal health
official and the veterinarian in charge for the State of destination
within 72 hours of the arrival of the hatching eggs at the premises
described in paragraph (c) of this section; and
(c) The hatching eggs are held in the State of destination at a
premises designated jointly by the veterinarian in charge and the State
animal health official from the time of arrival until hatch and the
birds and poultry hatched from the eggs are held at the designated
premises for not less than 30 days following hatch. During this holding
period, the eggs and any birds or poultry hatched from the eggs are
subject to any inspections, disinfections, and tests as may be required
by the Administrator to determine their freedom from END.

Sec. 82.10 Interstate movement of vehicles, cages, coops, containers, troughs, and
other equipment from a quarantined area.

(a) This section does not apply to cages, coops, or other containers
or equipment used by or to move pet birds moved interstate in accordance
with Sec. 82.5(a).
(b) Vehicles, cages, coops, containers, troughs, and other equipment
that have held or that have otherwise been used in a quarantined area in
the handling of birds or poultry or their eggs, or for manure generated
by or litter used by the birds or poultry, may be moved interstate from
a quarantined area only in accordance with the following conditions:
(1) They are made of hard plastic or metal, and the other conditions
of this section are met; or
(2) They are made of a disposable material, such as cardboard,
fiber, or waxed cardboard, are previously unused, and are disposed of by
incineration without being reused after being moved interstate.
(c) Before moving interstate any vehicles, cages, coops, containers,
troughs, or other equipment described in paragraph (b)(1) of this
section, and after using these items to move birds, poultry, eggs,
manure, or litter interstate from a quarantined area, the vehicles,
cages, coops, containers, troughs, and other equipment must be cleaned
and disinfected in accordance with paragraphs (c)(1) through (c)(5) of
this section:
(1) Clean and disinfect the vehicles, cages, coops, containers,
troughs, and other equipment at the place where the birds, poultry,
eggs, manure, and litter are unloaded or where the equipment is used, no
more than 2 hours after the birds, poultry, eggs, manure, and litter are
unloaded or the equipment is used;
(2) Clean the items in accordance with part 71 of this chapter;
(3) Have a Federal representative or State representative
7 inspect the items after they have been cleaned;
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\7\ See footnote 3 to Sec. 82.5.
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(4) Disinfect the items in the presence of a Federal representative
or State representative; and
(5) Disinfect the items in accordance with part 71 of this chapter
and by using a disinfectant as specified in part 71 of this chapter.
(d) If the place where the cleaning and disinfection would otherwise
be required has no facilities for cleaning and disinfecting, the items
may be moved to a place where facilities are available for cleaning and
disinfecting, provided

[[Page 248]]

a Federal representative or State representative has determined that
such movement will not cause a risk of the spread of END.
(e) Vehicles, cages, coops, containers, troughs, and other equipment
that are moved interstate under this section must be accompanied by a
permit obtained in accordance with Sec. 82.11, and copies of the permit
accompanying the vehicles, cages, coops, containers, troughs, and other
equipment interstate must be submitted so that a copy is received by the
State animal health official and the veterinarian in charge 8
for the State of destination within 72 hours of the arrival of the
vehicles, cages, coops, containers, troughs, and other equipment at the
destination listed on the permit.
---------------------------------------------------------------------------

\8\ See footnote 4 of Sec. 82.5.

(Approved by the Office of Management and Budget under control number
---------------------------------------------------------------------------
0579-0116)

Sec. 82.11 Issuance of permits.

(a) Application for the permits required by this subpart to move
interstate from a quarantined area birds, eggs, poultry, or other items
requiring a permit under this part must be in writing. The application
must be submitted to a Federal representative or State representative
and must include the following:
(1) The applicant's name and mailing address;
(2) The name and mailing address of the person who will receive the
birds, eggs, poultry, or other items;
(3) The addresses of both the origin and destination of the birds,
eggs, poultry, or other items;
(4) The number and types of birds, poultry, eggs, and other items
intended for interstate movement; and
(5) The reason for the interstate movement.
(b) In addition to the information required by paragraph (a) of this
section, to obtain permits to move birds, poultry, eggs, manure, litter,
cages, coops, containers, troughs, vehicles or other equipment
interstate from a quarantined area, an applicant for a permit must
submit to a Federal representative or State representative a declaration
or affidavit listing the requirements of Sec. 82.5 for live birds or
live poultry, Sec. 82.6 for dead birds and dead poultry, Sec. 82.7 for
litter or manure, Sec. 82.8 for eggs other than hatching eggs, Sec. 82.9
for hatching eggs, or Sec. 82.10 for cages, coops, containers, troughs,
vehicles, and other equipment, and stating that the applicant will move
the items interstate only if all of the listed requirements are met.

(Approved by the Office of Management and Budget under control number
0579-0116)

Sec. 82.12 Other interstate movements and special permits.

(a) A special permit is required for the interstate movement of
birds, poultry, or other items whose movement is restricted under this
subpart, from a quarantined area in a manner or to a destination other
than is specifically prescribed by this subpart, under special
conditions determined by the Administrator to be necessary to prevent
the dissemination of END. A special permit is required for the disposal
of dead birds or dead poultry that are infected with END, or dead birds
or dead poultry from flocks infected with END, or manure generated by or
eggs from birds or poultry infected with END, in a manner other than is
specifically prescribed in this subpart, and for cleaning and
disinfection carried out in a manner other than is specifically
prescribed in this subpart, under special conditions determined by the
Administrator to be necessary to prevent the dissemination of END. To
apply for a special permit, contact the veterinarian in charge
9 for the State in which the birds, poultry, or other items
are located. The Administrator may, at his or her discretion, issue
special permits if he or she determines that the activity authorized
will not result in the interstate dissemination of END.
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\9\ See footnote 4 to Sec. 82.5.
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(b) The special permit will list the name and address of the person
to whom the special permit is issued, and the special conditions under
which the interstate movement, disposal, or cleaning and disinfection
may be carried out.

[[Page 249]]

(1) For an interstate movement, the special permit will also include
the following:
(i) The name and mailing address of the person who will receive the
birds, poultry, or other items;
(ii) The addresses of both the origin and destination of the birds,
poultry, or other items;
(iii) The number and type of birds, poultry, or other items to be
moved interstate; and
(iv) The reason for the interstate movement.
(2) For destruction or cleaning and disinfection, the special permit
will also include the following:
(i) The address of the place where the dead birds, dead poultry,
manure, or eggs are located; and
(ii) The number and type of birds, poultry, or other items involved.
(c) For an interstate movement, a copy of the special permit must
accompany the items moved, and copies must be submitted so that a copy
is received by the State animal health official and the veterinarian in
charge for the State of destination within 72 hours of the arrival of
the birds, poultry, or other items at the destination listed on the
special permit. (Approved by the Office of Management and Budget under
control number 0579-0116)

Sec. 82.13 Denial and withdrawal of permits and special permits.

(a) Denial. If the Administrator determines that the applicant for a
permit or special permit is not complying with or could not comply with
this subpart or any special conditions needed to prevent the
dissemination of END, or, in the case of a special permit, that the
special permit is not required under this subpart, the Administrator may
deny the request for a permit or special permit. If the request is
denied, the Administrator will send the applicant a written notice
explaining why the permit or special permit was denied.
(b) Withdrawal. The Administrator may withdraw a permit or special
permit, orally or in writing, if he or she determines the person to whom
the permit or special permit has been issued is violating either this
subpart or some condition specified in the permit or special permit. The
Administrator may withdraw the permit or special permit without advance
notice if he or she determines that the person to whom the permit or
special permit has been issued is violating either this subpart or some
condition specified in the permit or special permit in a way that
threatens the public health, interest, or safety. The Administrator will
send the person to whom the permit or special permit has been issued a
written explanation of why the permit or special permit is to be or was
withdrawn.
(c) Appeals. Denial or withdrawal of a permit or special permit may
be appealed to the Administrator within 10 days after receipt of the
written notice of denial or withdrawal. The appeal must be in writing
10 and must state all of the facts and reasons upon which the
person relies to show that the permit or special permit was wrongfully
denied or withdrawn. The Administrator will grant or deny the appeal, in
writing, explaining all of the reasons for the decision, as promptly as
circumstances allow. In cases where there is a conflict as to any
material fact, the person denied a permit or special permit, or from
whom a permit or special permit is withdrawn, shall be given an
opportunity for a hearing with respect to the merits of the validity of
the denial or withdrawal in accordance with rules of practice adopted
for the proceeding.
---------------------------------------------------------------------------

\10\ Written appeals should be sent to the Administrator, c/o
Emergency Programs, Veterinary Services, Animal and Plant Health
Inspection Service, 4700 River Road, Riverdale, MD 20737-1231.

(Approved by the Office of Management and Budget under control number
---------------------------------------------------------------------------
0579-0116)

Sec. 82.14 Removal of quarantine.

An area will be removed from quarantine only when all of the
following requirements have been met:
(a) All birds and poultry exposed to END in the quarantined area
have been found to be free of END;
(b) All birds and poultry infected with END in the quarantined area
have been euthanized;
(c) All birds and poultry, including any parts of the birds and
poultry,

[[Page 250]]

euthanized in accordance with paragraph (b) of this section, and all
birds and poultry in the quarantined area, including any parts of the
birds and poultry, that died from any cause other than slaughter, have
been buried, reduced to ashes by incineration, rendered, or reduced to
dust by composting:
(1) If the birds and poultry are buried, all birds and poultry
infected with END must be buried in the quarantined area. The birds and
poultry must be buried in a location that meets all United States
Environmental Protection Agency, State, and local requirements for
landfills. They must be buried at least 6 feet deep and be covered at
the time of burial with soil; and
(2) If the birds and poultry are composted, all birds and poultry
infected with END must be composted in the quarantined area. The birds
and poultry must be composted according to the following instructions:
(i) Place a 1-foot layer of litter and manure in a free-standing
composter bin, unless the compost pile will be covered in accordance
with paragraph (c)(2)(ii) of this section. Add a 6-inch layer of straw,
peanut hulls, or wood chips. Add a layer of dead birds or dead poultry,
leaving 6 inches between the carcasses and the bin walls. Add water
sparingly and cover with 6 inches of a dry mixture of litter and manure.
Repeat the layering process two more times and cap with a double layer
of dry manure cake. After the bin is capped off and covered, monitor the
temperature in the compost pile daily, using a 36-inch probe-type
thermometer. The temperature of the compost pile must reach at least 140
deg.F. After 30 days from the date the compost pile is created, turn
over to aerate the entire mixture. Allow mixture to reach at least 140
deg.F once again. After completion of the second cycle, the mixture must
remain covered with any material that prevents penetration of air and
moisture until spread or otherwise utilized. The composted material may
not be spread or otherwise utilized until at least 30 days following
completion of the second heating cycle.
(ii) Composting of birds and poultry may be accomplished outside of
covered bins by following the layering and temperature requirements set
forth in paragraph (c)(2)(i) of this section, then covering the compost
pile with tarpaulins or 6-mm polyethylene sheets anchored with tires or
straw bales. The mixture must be kept moist. The final product may not
be spread or otherwise utilized until at least 30 days following
completion of the second heating cycle.
(iii) Composting of birds and poultry must be carried out at least
50 yards from any building or pen where poultry and birds are housed and
be inaccessible to birds and poultry. Composted material may not be
commingled with, or otherwise be brought into contact with, non-
composted manure cake;
(d) All eggs produced by birds or poultry infected with or exposed
to END in the quarantined area have been buried, reduced to ashes by
incineration, or rendered. If the eggs are buried, the eggs must be
buried in the quarantined area in a location that meets all United
States Environmental Protection Agency requirements and all State and
local requirements for landfills. The eggs must be buried at least 6
feet deep and be covered at the time of burial with soil;
(e) All manure generated by or litter used by birds or poultry
infected with or exposed to END in the quarantined area has been reduced
to ashes by incineration, or has been buried, composted, or spread on a
field and turned under, as follows:
(1) Burial. If the manure or litter is buried, the manure and litter
must be buried at least 6 feet deep and covered at the time of burial
with soil. The manure and litter must be buried in the quarantined area
in a location that meets all United States Environmental Protection
Agency and State and local requirements for landfills;
(2) Composting. If the manure and litter is composted, the manure
and litter must be composted in the quarantined area according to the
following method: Place the manure and litter in rows 3 to 5 feet high
and 5 to 10 feet at the base. The area where the manure, litter, and
other material used in composting are placed must be such that there is
no runoff from the composted material out of the area, no saturation
into the ground, and no moisture, except for that required by

[[Page 251]]

this paragraph, onto the composted material from above. The composting
area must be at least 50 yards from any building or pen where birds or
poultry are housed and be inaccessible to birds and poultry. The manure
and litter must be mixed so as to attain a carbon to nitrogen ratio of
approximately 30:1, a moisture content of between 40 to 50 percent, and
a supply of oxygen to the composted material. If a carbon source other
than manure or litter is needed, wood chips, straw, or peanut hulls may
be used. The manure and litter must be covered with tarpaulin or 6-mm
polyethylene sheets, be anchored with tires or straw bales, and be mixed
to ensure adequate ventilation every 10 to 15 days. The composted
material must rise to a temperature of 140 deg.F, as determined by use
of a 36-inch probe-type thermometer. The composted material may not be
spread or otherwise utilized for at least 30 days from the time the 140
deg.F temperature is reached; and
(3) Spreading and turning under. Spreading and turning under of
manure or litter may be used as a means of disposal only if carried out
under the direct supervision of a Federal representative or a State
representative. If the manure or litter is spread on a field and turned
under, the field must be in the quarantined area, at least 50 yards away
from any building or pen where poultry or birds are housed, and
inaccessible to birds and poultry. The manure or litter must be turned
under within 24 hours of being spread on the field, and the field must
be left undisturbed for at least 30 days;
(f) All vehicles with which the birds or poultry infected with or
exposed to END or their excrement or litter have had physical contact
have been cleaned and disinfected in accordance with part 71 of this
chapter. The vehicles have been inspected after cleaning, and before
disinfection, by a Federal representative or State representative, and
then have been disinfected in the presence of a Federal representative
or State representative with a disinfectant listed in part 71 of this
chapter;
(g) All cages, coops, containers, troughs, and other equipment used
for birds or poultry infected with or exposed to END, or their excrement
or litter have been reduced to ashes by incineration, or have been
cleaned and disinfected in accordance with part 71 of this chapter. The
items must be inspected after cleaning, and before disinfection, by a
Federal representative or State representative, and then must be
disinfected in the presence of a Federal representative or State
representative, with a disinfectant listed in part 71 of this chapter;
and
(h) The premises where birds or poultry infected with or exposed to
END were located have been cleaned and disinfected in accordance with
part 71 of this chapter. The premises have been inspected after
cleaning, and before disinfection, by a Federal representative or State
representative, and then have been disinfected in the presence of a
Federal representative or State representative with a disinfectant
listed in part 71 of this chapter.

(Approved by the Office of Management and Budget under control number
0579-0116)

Sec. 82.15 Replacement birds and poultry.

Birds and poultry that have been destroyed because of a quarantine
for END may not be replaced by birds or poultry moved interstate into
the quarantined area until the Administrator decides that END has been
eradicated and that replacement birds or poultry will not become
infected with END.

Subpart B--Chlamydiosis in Poultry

Sec. 82.19 Definitions.

As used in connection with this subpart, the following terms shall
have the meaning set forth in this section.
Accredited veterinarian. A veterinarian approved by the
Administrator in accordance with part 161 of this chapter to perform
functions specified in subchapters B, C, and D of this chapter.
Administrator. The Administrator of the Animal and Plant Health
Inspection Service or any individual authorized to act for the
Administrator.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service of the United States Department of
Agriculture.
Bird. Any member of the class aves other than poultry.

[[Page 252]]

Chlamydiosis. A contagious bacterial disease of birds and poultry,
characterized by respiratory and systemic infection. The disease is also
known as psittacosis in psittacine birds and as ornithosis in poultry.
Federal representative. An individual employed and authorized by the
Federal government to perform the tasks required by this subpart.
Federal veterinarian. A veterinarian employed and authorized by the
Federal government to perform the tasks required by this subpart.
Infected. Affected by the virus or bacterium that causes the
specified disease.
Interstate. From one State into or through any other State.
Moved. Shipped, transported or otherwise moved, or delivered or
received for movement, by any person.
Person. Any individual, corporation, company, association, firm,
partnership, society, joint stock company, or other legal entity.
Poultry. Chickens, doves, ducks, geese, grouse, guinea fowl,
partridges, pea fowl, pheasants, pigeons, quail, swans, and turkeys.
State. Each of the States of the United States, the District of
Columbia, Puerto Rico, the Northern Mariana Islands, Guam, the Virgin
Islands of the United States, or any other territory or possession of
the United States.
State animal health official. The State official responsible for
livestock- and poultry-disease control and eradication programs.
State representative. An individual employed in animal health work
and authorized by a State or political subdivision of a State to perform
the tasks required by this subpart.
Veterinarian in charge. A Federal veterinarian employed by the
Animal and Plant Health Inspection Service and authorized by the
Administrator to supervise and manage the animal health work of the
Animal and Plant Health Inspection Service in a specified area of the
United States.

Sec. 82.20 General restrictions.

The following items may not be moved interstate:
(a) Live poultry infected with chlamydiosis;
(b) Dead poultry that were infected with chlamydiosis when they
died, and parts of dead poultry that were infected with chlamydiosis
when they died; and
(c) Offal from poultry infected with chlamydiosis.

Sec. 82.21 Vehicles, cages, coops, containers, troughs, and other equipment used for
infected poultry.

(a) Before moving vehicles, cages, coops, containers, troughs, and
other equipment interstate that have held or have otherwise been used in
the handling of poultry infected with chlamydiosis, and after using
these items to move poultry infected with chlamydiosis interstate, the
vehicles, cages, coops, containers, troughs, and other equipment must be
cleaned and disinfected in accordance with paragraphs (a)(1) through
(a)(5) of this section:
(1) Clean and disinfect the vehicles, cages, coops, containers,
troughs, and other equipment at the place where the poultry are unloaded
or where the equipment is used, no more than 2 hours after the poultry
infected with chlamydiosis are unloaded or the equipment is used;
(2) Clean the items in accordance with part 71 of this chapter;
(3) Have a Federal representative, State representative,1
or an accredited veterinarian, inspect the items after they have been
cleaned;
---------------------------------------------------------------------------

\1\ See footnote 3 to Sec. 82.5.
---------------------------------------------------------------------------

(4) Disinfect the items in the presence of a Federal representative,
State representative, or an accredited veterinarian; and
(5) Disinfect the items in accordance with part 71 of this chapter
and by using a disinfectant as specified in part 71 of this chapter.
(b) If the place where the cleaning and disinfection would otherwise
be required has no facilities for cleaning and disinfecting, the items
may be moved to a place where facilities are available for cleaning and
disinfecting, provided a Federal representative or State representative
has determined that such movement will not cause a risk of the spread of
chlamydiosis.

[[Page 253]]

(c) Vehicles, cages, coops, containers, troughs, and other equipment
moved interstate under this section must be accompanied by a permit
obtained in accordance with Sec. 82.23, and copies of the permit
accompanying the vehicles, cages, coops, containers, troughs, and other
equipment interstate must be submitted so that a copy is received by
both the State animal health official and the veterinarian in charge
2 for the State of destination within 72 hours of the arrival
of the vehicles, cages, coops, containers, troughs, and other equipment
at the destination listed on the permit.
---------------------------------------------------------------------------

\2\ See footnote 4 to Sec. 82.5.

(Approved by the Office of Management and Budget under control numbers
---------------------------------------------------------------------------
0579-0116 and 0579-0032)

Sec. 82.22 Cleaning and disinfecting premises.

Premises that contained poultry that were infected with chlamydiosis
must be cleaned and disinfected in accordance with this section before
any poultry are moved interstate onto the premises.
(a) The premises must be cleaned in accordance with part 71 of this
chapter;
(b) After being cleaned, the premises must be inspected by a Federal
representative, State representative, or an accredited veterinarian; and
(c) After being inspected, the premises must be disinfected in the
presence of a Federal representative, State representative, or an
accredited veterinarian, in accordance with part 71 of this chapter,
using a disinfectant listed in part 71 of this chapter.

(Approved by the Office of Management and Budget under control numbers
0579-0116 and 0579-0032)

Sec. 82.23 Issuance of permits.

(a) Application for the permit required by this subpart to move
vehicles, cages, coops, containers, troughs, or other equipment
interstate must be in writing, and must be submitted to a Federal
representative or State representative. The application must include the
following:
(1) The applicant's name and mailing address;
(2) The name and mailing address of the person who will receive the
items;
(3) The addresses of both the origin and destination of the items;
(4) The number and types of items intended for interstate movement;
and
(5) The reason for the interstate movement.
(b) Exceptions. This subpart does not apply to the interstate
movement of poultry, vehicles, cages, coops, containers, troughs, or
other equipment or material if the interstate movement is made by the
United States Department of Agriculture for the purposes of research or
diagnosis.

(Approved by the Office of Management and Budget under control number
0579-0116)

Sec. 82.24 Other interstate movements and special permits.

(a) A special permit is required for the interstate movement of
items whose movement interstate is restricted under this subpart in a
manner or to a destination other than is specifically prescribed by this
subpart. A special permit is required for the disinfection of vehicles,
premises, cages, coops, containers, troughs, and other equipment by a
method other than is specifically prescribed by this subpart. To apply
for a special permit, contact the veterinarian in charge for the State
in which the items are located. The Administrator may, at his or her
discretion, issue special permits if he or she determines the activity
authorized will not increase the risk of spreading chlamydiosis
interstate.
(b) The special permit will list the name and address of the person
to whom the special permit is issued, and the special conditions under
which the interstate movement, or cleaning and disinfection, may be
carried out.
(1) For an interstate movement, the special permit will also include
the following:
(i) The name and mailing address of the person who will receive the
items;
(ii) The addresses of both the origin and destination of the items;
(iii) The number and type of items to be moved interstate; and
(iv) The reason for the interstate movement.

[[Page 254]]

(2) For cleaning and disinfection, the special permit will also
include the following:
(i) The address of the place where the items are located; and
(ii) The number and type of items involved.
(c) For an interstate movement, a copy of the special permit must
accompany the items moved, and copies must be submitted so that a copy
is received by both the State animal health official and the
veterinarian in charge for the State of destination within 72 hours of
the arrival of the items at the destination listed on the special
permit.

(Approved by the Office of Management and Budget under control number
0579-0116)

Sec. 82.25 Denial and withdrawal of permits and special permits.

(a) Denial. If the Administrator determines that the applicant for a
permit or special permit is not complying with or could not comply with
this subpart or any special conditions needed to prevent the spread of
chlamydiosis, or, in the case of a special permit, that the special
permit is not required under this subpart, the Administrator may deny
the request for a permit or special permit. If the request is denied,
the Administrator will send the applicant a written notice explaining
why the permit or special permit was denied.
(b) Withdrawal. The Administrator may withdraw a permit or special
permit, orally or in writing, if he or she determines the person to whom
the permit or special permit has been issued is violating either this
subpart or some condition specified in the permit or special permit. The
Administrator may withdraw the permit or special permit without advance
notice if he or she determines that the person to whom the permit or
special permit has been issued is violating either this subpart or some
condition specified in the permit or special permit in a way that
threatens the public health, interest, or safety. The Administrator will
send the person to whom the permit or special permit has been issued a
written explanation of why the permit or special permit is to be or was
withdrawn.
(c) Appeals. Denial or withdrawal of a permit or special permit may
be appealed to the Administrator within 10 days after receipt of the
written notice of denial or withdrawal. The appeal must be in writing
3 and must state all of the facts and reasons upon which the
person relies to show that the permit or special permit was wrongfully
denied or withdrawn. The Administrator will grant or deny the appeal, in
writing, explaining all of the reasons for the decision, as promptly as
circumstances allow. In cases where there is a conflict as to any
material fact, the person denied a permit or special permit, or from
whom a permit or special permit is withdrawn, shall be given an
opportunity for a hearing with respect to the merits or validity of the
denial or withdrawal in accordance with rules of practice adopted for
the proceeding.
---------------------------------------------------------------------------

\3\ See footnote 10 to Sec. 82.13.

(Approved by the Office of Management and Budget under control number
---------------------------------------------------------------------------
0579-0116)

Subpart C--Poultry Disease Caused by Salmonella Enteritidis Serotype
Enteritidis

Sec. 82.30 Definitions.

Source: 56 FR 3738, Jan. 30, 1991, unless otherwise noted.
Redesignated at 61 FR 56883, Nov. 5, 1996.

[[Page 255]]

Department of Agriculture, Federal Building, 6505 Belcrest Road,
Hyattsville, MD 20782.
The applying laboratory will bear all costs associated with its
application process. The Administrator will approve an authorized
laboratory only after consulting with the State animal health official
in the State in which the laboratory is located and after determining
that the laboratory:
(1) Is supervised by a person holding, as a minimum, a bachelor's
degree in either chemistry, microbiology, or a related field and having
1 year's experience in diagnostic microbiology, or equivalent
qualifications, as determined by the Administrator;
(2) Has technical personnel assigned to conduct the tests who have
received training prescribed by the National Veterinary Services
Laboratories (NVSL);
(3) Uses reagents, media, and antigen approved by NVSL;
(4) Maintains laboratory quality control records for the most recent
3 years that samples have been analyzed under this Program;
(5) Demonstrates acceptable levels of systematic laboratory
difference, variability, and individual large deviations in the
identification of microorganisms. An applying laboratory will
successfully demonstrate these capabilities if its diagnostic results
from annual check test proficiency studies satisfy the criteria of NVSL;
(6) Follows standard test protocols approved by NVSL;
(7) Maintains complete records of the receipt, analysis, and
disposition of official samples for the most recent 3 years that samples
have been analyzed under this Program;
(8) Reports results of all tests ordered in accordance with this
subpart or in accordance with Sec. 145.23(d) of this chapter to the
State animal health official and APHIS.\1\
---------------------------------------------------------------------------

\1\ Training requirements, standard test protocols, and check test
proficiency requirements prescribed by the National Veterinary Services
Laboratories and the names and addresses of authorized laboratories can
be obtained by writing to the Animal and Plant Health Inspection
Service, Veterinary Services, Sheep, Goat, Equine, and Poultry Diseases,
4700 River Road Unit 43, Riverdale, Maryland 20737-1231.
---------------------------------------------------------------------------

(9) Maintains a standards book, which is a permanently bound book
with sequentially numbered pages, containing all readings and
calculations for diagnostic tests and calibration of instruments. All
entries are to be dated and signed by the analyst immediately upon
completion of the entry and by his/her supervisor within 2 working days.
The standards book is to be retained for a period of 3 years after the
last entry is made;
(10) Analyzes NVSL check test proficiency samples and returns the
results to NVSL within 3 weeks of sample receipt. This must be done
whenever requested by NVSL and at no cost to USDA;
(11) Informs the Administrator by certified or registered mail,
within 30 days, when there is any change in the laboratory's ownership,
officers, directors, supervisory personnel, or other responsibly
connected individual or entity; and
(12) Permits any duly authorized representative of the Secretary to
perform both announced and unannounced on-site laboratory reviews of
facilities and records during normal business hours and to copy all such
records.

The Administrator may revoke the authorized status of a laboratory after
determining that the laboratory fails to meet any requirement of this
definition. The revocation will be effective on the date written notice
of revocation is given to to the owner or operator of the laboratory. A
laboratory whose accreditation has been revoked may reapply for
authorized laboratory status no sooner than 6 months after the effective
date of revocation, and must provide written documentation specifying
what corrections were made.
Certified Salmonella enteritidis serotype enteritidis Tested Free
Flocks. Egg-type chicken breeding flocks that are classified ``U.S. S.
Enteritidis Monitored'' under the National Poultry Improvement Plan
(NPIP), or meet the requirements of a State classification plan
determined by the Administrator to be equivalent to the NPIP, in
accordance with Sec. 145.23(d) of this chapter.

[[Page 256]]

Egg production flock. A flock maintained for the purpose of
producing eggs for human consumption.
Federal representative. An individual employed and authorized by the
Federal government to perform the tasks required by this subpart.
Flock. All of the poultry on one premise.
Hatching eggs. Eggs in which young chickens are allowed to develop.
Infected flock. A flock that does not contain separate poultry
houses as defined by this section, and in which any poultry has tested
positive for Salmonella enteritidis serotype enteritidis in accordance
with the blood and internal organ tests of Sec. 82.32(c) or (e)(2) of
this subpart.
Infected poultry house. A poultry house containing chickens
determined to be infected with Salmonella enteritidis serotype
enteritidis in accordance with Sec. 82.32(c) or (e)(2) of this subpart.
Internal organs. All internal organs except for the lungs and organs
of the gastrointestinal tract.
Interstate. From one State into or through any other State.
Move (moving, moved, movement). Shipped, offered for shipment to a
common carrier, received for transportation or transported by a common
carrier, or carried, transported, moved, or allowed to be moved by any
means.
Multiplier breeding flock. A flock that is intended for the
production of hatching eggs used for the purpose of producing progeny
for commercial egg production.
Newly-hatched chicks. Chicks that have not been fed or watered for
the first time.
Poultry. Chickens of all ages, including eggs for hatching.
Poultry house. A building or other structure used to house poultry.
Primary breeding flock. A flock composed of one or more generations
that is maintained for the purpose of establishing or continuing
multiplier breeding flocks for the ultimate purpose of commercial egg
production.
Separate poultry house. A poultry house that has been determined by
a Federal or State representative to have biosecurity to prevent the
transmission of communicable disease to other poultry houses.
Biosecurity means that flock management procedures are in place to
ensure that there is no contact between poultry houses through exposure
to chickens, feed, water, manure, equipment, or personnel from other
poultry houses.
State. Any State, the District of Columbia, Puerto Rico, Guam, the
Northern Mariana Islands, the Virgin Islands of the United States, and
any other territory or possession of the United States.
State representative. An individual employed in animal health work
and authorized by a State or political subdivision of a State to perform
the tasks required by this subpart.
Study flock. A flock determined in accordance with Sec. 82.32(a) of
this part to be a study flock, based on:
(1) A determination by a Federal representative or State
representative through epidemiologic investigation that the flock is the
probable source of disease in an outbreak of disease in poultry or
humans caused by Salmonella enteritidis serotype enteritidis, or
(2) A determination by a Federal representative or State
representative that the flock has received progeny from a primary
breeding flock or multiplier breeding flock that has had a positive
organ sample in accordance with Sec. 145.23(d) of this chapter, after
the date of the last negative environmental sample for the primary
breeding flock or multiplier breeding flock in accordance with
Sec. 145.23(d) of this chapter.
Test flock. A flock that does not contain separate poultry houses as
defined by this section, and in which any manure and egg transport
machinery samples have tested positive for Salmonella enteritidis
serotype enteritidis in accordance with Sec. 82.32(b) or (b)(2)(ii) of
this subpart.
Test poultry house. A poultry house determined in accordance with
Sec. 82.32(b) or (b)(2)(iii) of this subpart to have tested positive for
Salmonella enteritidis serotype enteritidis by isolation of the
bacterium from one or more manure or egg transport machinery samples,
and designated for blood and internal organ

[[Page 257]]

testing in accordance with Sec. 82.32(c) of this subpart.
[56 FR 3738, Jan. 30, 1991, as amended at 57 FR 778, Jan. 9, 1992; 59 FR
67613, Dec. 30, 1994; 61 FR 11517, Mar. 21, 1996]

Sec. 82.31 Applicability.

The regulations in this subpart apply only to primary and multiplier
breeding flocks used for the purpose of producing progeny for commercial
egg production, and to egg production flocks used for the purpose of
producing table eggs for sale or other distribution in interstate
commerce or for export.

Sec. 82.32 Identification of study flocks, test poultry houses, test flocks,
infected poultry houses, and infected flocks.

Only a Federal representative or State representative \2\ may make a
determination in accordance with this subpart that an egg production
flock is a study flock, a test flock, or an infected flock, or that a
poultry house is a test poultry house or an infected poultry house. The
Federal representative or State representative shall also determine
which subunits of a flock meet the definition of a separate poultry
house in Sec. 82.30 of this subpart. Immediately after a study flock,
test flock, infected flock, test poultry house, or infected poultry
house is identified, a Federal representative or a State representative
shall notify in writing the person in control of the flock that his or
her flock has been determined to be a study flock, test flock, or
infected flock, or that specified poultry houses in the flock have been
determined to be test poultry houses or infected poultry houses. At any
time after such notification, the person in control of such flock, test
poultry house, or infected poultry house, upon request of a Federal
representative or a State representative, shall make available for
review and copying all records maintained in accordance with 7 CFR
59.200 \3\ and all other records of the shipment of poultry and poultry
products to and from the flock.
---------------------------------------------------------------------------

\2\ The location of Federal or State representatives can be obtained
by writing to the Animal and Plant Health Inspection Service, Veterinary
Services, Sheep, Goat, Equine, and Poultry Diseases, 4700 River Road
Unit 43, Riverdale, Maryland 20737-1231.

\3\ In accordance with 7 CFR 59.200, persons engaged in the business
of transporting, shipping, receiving, holding, or handling eggs or egg
products in commerce shall maintain records for two years showing the
receipt, delivery, sale, movement, and disposition of all eggs and egg
products handled by them, and shall, upon the request of an authorized
representative of the Secretary, permit him, at reasonable times, to
have access to and to copy all such records.
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(a) Study flocks. An egg production flock shall be determined to be
a study flock under the circumstances described in paragraphs (a)(1) or
(a)(2) of this section:
(1) The Administrator determines that the flock has been implicated
as the probable source of disease in an outbreak of disease in humans or
poultry caused by Salmonella enteritidis serotype enteritidis. The
Administrator shall make such a determination after he or she determines
that:
(i) Epidemiologic reports from Federal or State health agencies
identify the cause of the outbreak as Salmonella enteritidis serotype
enteritidis;
(ii) Eggs were the probable source of the Salmonella enteritidis
serotype enteritidis organisms that caused the outbreak; and
(iii) Shipping records or other evidence reveal that the probable
source of the eggs was the flock determined to be a study flock.
(2) A Federal representative or a State representative determines
that the flock has received progeny from an egg-type chicken breeding
flock that has had Salmonella enteritidis serotype enteritidis recovered
from the internal organs of one or more chickens through testing in
accordance with Sec. 145.23(d) of this chapter, at any time since the
last negative environmental sample tested for that egg-type chicken
breeding house in accordance with Sec. 145.23(d) of this chapter.
(b) Test poultry houses and test flocks. A a separate poultry house
in a study flock shall be determined to be a test poultry house if
manure and egg transport machinery samples from the house are collected
and tested in accordance

[[Page 258]]

with this paragraph and one or more of the samples from the house tests
positive for Salmonella enteritidis serotype enteritidis. The entire
flock shall be determined to be a test flock if the flock does not
contain separate poultry houses as defined in Sec. 82.30 of this
chapter, and if manure and egg transport machinery samples from any
poultry house in the flock test positive for Salmonella enteritidis
serotype enteritidis in accordance with this paragraph. A study flock
shall be determined to be a test flock if the person in control of the
flock has refused to schedule collection of samples in accordance with
paragraph (b)(1) of this section within 48 hours of the time the person
in control of the flock was notified in writing by a Federal
representative or a State representative that his flock was determined
to be a study flock, or if the actions of the person in control of the
flock prevent completion of collection of samples in accordance with
paragraph (b)(1) of this section within 15 days of the time the person
in control of the flock was notified by a Federal representative or a
State representative that his flock was determined to be a study flock.
If a Federal representative determines on the basis of epidemiologic
investigation that any flock is the probable source of disease in three
or more outbreaks of disease in humans caused by Salmonella enteritidis
serotype enteritidis, that flock shall be determined to be a test flock;
however, such test flocks shall have environmental samples collected and
tested in accordance with paragraphs (b)(1) and (d) of this section, and
any separate poultry houses that test negative in accordance with
paragraph (d) of this section shall be released from test poultry house
status.
(1) Sample collection. A Federal representative or a State
representative shall initiate testing of each study flock by collecting
the following samples for testing:
(i) Manure samples. The Federal representative or State
representative shall collect two simultaneous manure samples from each
row of cages, or from the floor area if there are no cages, using a
sterile 4-inch by 4-inch gauze sponge for each sample. The manure sample
shall be collected by fastening the gauze sponges to the scraper frame
and running the scraper the full length of the row of cages, if a manure
scraper is used on the row; otherwise, collect the manure sample by
dragging the swab along the manure pile beneath the cages, or once along
the full length of the floor if there are no cages. The gauze sponges
used to collect manure samples shall be placed in an 18-ounce whirl-pak
plastic bag containing double strength skim milk, and the bag shall be
marked with the location of the row or floor area from which the sample
is taken.
(ii) Egg transport machinery samples. The Federal representative or
State representative shall collect one egg transport machinery sample
from each row of cages by wiping the egg transport belt and egg
escalator, using a sterile 4-inch by 4-inch gauze sponge for each
sample. The gauze sponge used to collect egg transport machinery samples
for each row shall be placed in an 18-ounce whirl-pak plastic bag
containing double strength skim milk, and the bag shall be marked with
the location of the row from which the sample is taken.
(2) Release from test poultry house or test flock status; post-
release sampling and testing. (i) A Federal or State representative
shall determine that a separate poultry house is no longer a test
poultry house, or that a flock is no longer a test flock, and shall
notify in writing the person in control of the house or flock of that
determination, after the Federal or State representative determines
that, after the house or flock has been determined to be in test status:
(A) the house or flock has been depopulated, and cleaned, washed,
and disinfected in accordance with Sec. 82.37 of this subpart; or,
(B) blood and internal organ samples from the chickens in the house
or flock have been collected and tested in accordance with paragraphs
(c) and (d) of this section with no recovery of Salmonella enteritidis
serotype enteritidis.
(ii) For 18 months following the repopulation of a flock or house
released from test status, due to depopulation, cleaning, washing, and
disinfection pursuant to paragraph (b)(2)(i)(A) of this section, or for
18 months following

[[Page 259]]

release of a flock or house from test status, due to testing negative
for Salmonella enteritidis serotype enteritidis pursuant to paragraph
(b)(2)(i)(B) of this section, the Administrator may make such periodic
collection and testing of samples from the flock or house as he or she
determines to be necessary to ensure that the house or flock is free of
Salmonella enteritidis serotype enteritidis; provided: that such sample
collection and testing will not be performed if the flock or house is
participating in a voluntary program approved by the Administrator to
control Salmonella enteritidis serotype enteritidis. If one or more
manure or egg transport machinery samples collected and tested in
accordance with the provisions of paragraphs (b)(1) and (d) of this
section test positive for Salmonella enteritidis serotype enteritidis,
the flock or house from which the sample was taken shall be determined
to be a test flock or test poultry house. If one or more internal organ
samples collected and tested in accordance with the provisions of
paragraphs (c)(2) and (d) of this section test positive for Salmonella
enteritidis serotype enteritidis, the flock or house from which the
sample was taken shall be determined to be an infected flock or infected
poultry house. If the person in control of the flock or poultry house
has refused to schedule sample collection within 48 hours of the time a
Federal or State representative requests such sample collection, or has
refused to allow completion of sample collection according to the
schedule set by the Federal or State representative, the flock or
poultry house shall be determined to be in test status.
(c) Infected poultry houses and infected flocks. A test poultry
house shall be determined to be an infected poultry house if the house
is tested in accordance with this paragraph and Salmonella enteritidis
serotype enteritidis is recovered from the internal organs of one or
more chickens in the house. A test flock shall be determined to be an
infected flock if the flock is tested in accordance with this paragraph
and Salmonella enteritidis serotype enteritidis is recovered from the
internal organs of one or more chickens in the flock. If Salmonella
enteritidis serotype enteritidis is not recovered from the internal
organ samples, a second set of blood and internal organ samples from
poultry in that house or flock shall be collected and tested in
accordance with this paragraph beginning not less than 15 days after the
date the first internal organ samples are collected.
(1) Blood samples. The Federal representative or State
representative shall collect blood samples from 300 chickens in each
poultry house, randomly selected from the cage banks that provided
manure, or egg transport machinery samples that tested positive in
accordance with paragraph (b)(1) of this section, and shall also collect
blood samples from any chickens that show clinical signs of infection
with Salmonella enteritidis. Blood samples shall be tested in accordance
with the procedures for the stained-antigen, rapid, whole-blood test
described in Sec. 147.3 of this chapter. The Federal or State
representative shall band each chicken tested with a band bearing a
unique number identifying the chicken with the blood test results.
(2) Internal organ samples. The Federal representative or State
representative shall collect a total of 60 chickens from each test
poultry house, or each house of a test flock, and send the chickens to
an authorized laboratory for testing of internal organs. The Federal
representative or State representative shall include in this sample all
chickens that reacted to the blood test in paragraph (c)(1) of this
section. If Salmonella enteritidis serotype enteritidis is recovered
from any manure, or egg transport machinery samples tested in accordance
with paragraph (b)(1)(i) of this section, the Federal representative or
State representative shall collect additional chickens from the rows
that supplied the manure, or egg transport machinery samples from which
Salmonella enteritidis serotype enteritidis was recovered, to bring the
total number of chickens from each house submitted for internal organ
testing to 60.
(d) Test methods for samples. Blood samples shall be tested either
at the flock premises or at an authorized laboratory, and all other
samples shall be sent for testing to an authorized laboratory. Blood
samples shall be tested using a stained-antigen, rapid, whole

[[Page 260]]

blood test, in accordance with Sec. 147.3 of this chapter. Manure, egg
transport machinery, and internal organ samples shall be sent for
testing to an authorized laboratory, where they shall be cultured for
identification of Salmonella enteritidis serotype enteritidis as
follows:
(1) Manure and egg transport machinery samples. Place each sample in
approximately 10 times its volume of Hajna tetrathionate or Mueller-
Kauffman tetrathionate selective enrichment broth, and incubate at
41 deg.C for 24 hours. Use each enriched sample to inoculate an agar
plate of Brilliant green agar supplemented with novobiocin or XLT4 agar,
and incubate the plates at 37 deg.C for 24 hours. Inoculate at least 5
Salmonella-suspect colonies from each sample to slants of triple-sugar
iron (TSI) agar and lysine-iron (LI) agar, and incubate at 37 deg.C for
24 hours. Cultures showing typical reactions on TSI or LI or both shall
be screened with Group D antiserum. Send all Group D isolates to the
National Veterinary Services Laboratories for further characterization.
(2) Internal organ samples. Place each sample in approximately 10
times its volume of Hajna tetrathionate or Mueller-Kauffman
tetrathionate selective enrichment broth, and incubate at 37 deg.C for
24 hours. Use each sample to inoculate an agar plate of Brilliant green
agar supplemented with novobiocin or XLT4 agar, and a supplemental plate
of MacConkey agar if so desired, and incubate the plates at 37 deg.C for
24 hours. Inoculate at least 5 Salmonella-suspect colonies from each
sample to slants of TSI agar and LI agar, and incubate at 37 deg.C for
24 hours. Cultures showing typical reactions on TSI or LI or both shall
be screened with Group D antiserum. Send all Group D isolates to the
National Veterinary Services Laboratories for further characterization.
(e) Release from infected poultry house status or infected flock
status; post-release sampling and testing. (1) A Federal or State
representative shall determine that a house or flock is no longer an
infected poultry house or an infected flock, and shall notify in writing
the person in control of the house or flock of that determination, if
the Federal or State representative determines that, after the house or
flock has been determined to be infected:
(i) The house or flock has been depopulated, and cleaned, washed,
and disinfected in accordance with Sec. 82.37 of this subpart; or,
(ii) Internal organ samples from the chickens in the house or flock
have been collected and tested in accordance with paragraphs (c) and (d)
of this section, with no recovery of Salmonella enteritidis serotype
enteritidis.
(2) For 18 months following the repopulation of a flock or house
released from infected status, due to depopulation, cleaning, washing,
and disinfection pursuant to paragraph (e)(1)(i) of this section, or for
18 months following release of a flock or house from infected status,
due to testing negative for Salmonella enteritidis serotype enteritidis
pursuant to paragraph (e)(1)(ii) of this section, the Administrator may
make such periodic collection and testing of samples from the flock or
house as he or she determines to be necessary to ensure that the house
or flock is free of Salmonella enteritidis serotype enteritidis;
provided: that such sample collection and testing will not be performed
if the flock or house is participating in a voluntary program approved
by the Administrator to control Salmonella enteritidis serotype
enteritidis. If one or more manure or egg transport machinery samples
collected and tested in accordance with the provisions of paragraphs
(b)(1) and (d) of this section test positive for Salmonella enteritidis
serotype enteritidis, the flock or house from which the sample was taken
shall be determined to be a test flock or test poultry house. If one or
more internal organ samples collected and tested in accordance with the
provisions of paragraphs (c)(2) and (d) of this section test positive
for Salmonella enteritidis serotype enteritidis, the flock or house from
which the sample was taken shall be determined to be an infected flock
or infected poultry house. If the person in control of the flock or
poultry house has refused to schedule sample collection within 48 hours
of the time a Federal or State representative requests such sample
collection, or has refused to allow completion of sample collection
according to the schedule set by

[[Page 261]]

the Federal or State representative, the flock or poultry house shall be
determined to be in test status.
[56 FR 3788, Jan. 30, 1991; 56 FR 11062, Mar. 15, 1991, as amended at 57
FR 779, Jan. 9, 1992; 59 FR 67613, Dec. 30, 1994]

Sec. 82.33 Interstate movement or export of articles from test poultry houses, test flocks,
infected poultry houses, and infected flocks.

Eggs, live chickens, cages, coops, containers, troughs, and other
equipment, and manure may be moved interstate from a test poultry house,
test flock, infected poultry house, or infected flock only in accordance
with this section.
(a) Eggs that are crushed and denatured or otherwise denatured to
deter their use as human food in accordance with 7 CFR part 59 may be
moved interstate from a test poultry house, test flock, infected poultry
house, or infected flock without further restriction under this subpart;
except that, if the restricted eggs are destined for use as a protein or
mineral supplement in animal feed, the eggs may be moved interstate only
for pasteurization. Other eggs may be moved interstate from a test
poultry house, test flock, infected poultry house, or infected flock
only for pasteurization at an egg products plant inspected by the
Agricultural Marketing Service in accordance with 7 CFR part 59, or for
hard cooking at an egg products plant operating under the Agricultural
Marketing Service Voluntary Egg Products Inspection Service in
accordance with 7 CFR part 55, or directly to a port for export from the
United States. Such eggs may only be moved if:
(1) A permit has been obtained for the interstate movement or export
in accordance with Sec. 82.35 of this subpart, and
(2) The eggs are moved in a completely enclosed compartment of a
vehicle that has had a seal applied to it by a Federal or State
representative \4\ immediately prior to movement.
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\4\ The location of Federal or State representatives can be obtained
by writing to the Animal and Plant Health Inspection Service, Veterinary
Services, Sheep, Goat, Equine, and Poultry Diseases, 4700 River Road
Unit 43, Riverdale, Maryland 20737-1231.

Such eggs may not be unloaded during transit. For eggs moved to an egg
products plant, a Federal or State representative shall break the
vehicle's seal at the plant. If the Federal or State representative
finds that the cargo compartment of the vehicle is contaminated with
material from broken eggs, or other material or litter that could spread
Salmonella, he or she shall order the operator of the vehicle to clean
and disinfect the compartment in accordance with Sec. 71.7 of this
chapter prior to the time the vehicle leaves the premises of the egg
products plant.
(b) Live chickens may be moved interstate from a test poultry house,
test flock, infected poultry house, or infected flock only if:
(1) A permit has been obtained for the interstate movement in
accordance with Sec. 82.35 of this subpart;
(2) The chickens are moved interstate to a Federally inspected
slaughtering establishment;
(3) The chickens are slaughtered within 24 hours of arrival at the
Federally inspected slaughtering establishment; and
(4) The wheels and exposed surfaces of the vehicle used to move the
chickens are cleaned and disinfected in accordance with Sec. 71.7 of
this chapter after the chickens are unloaded and prior to the time the
vehicle leaves the premises of the slaughtering establishment.
(c) Cages, coops, containers, troughs, and other equipment may be
moved interstate from a test poultry house, test flock, infected poultry
house, or infected flock only if:
(1) A permit has been obtained for the interstate movement in
accordance with Sec. 82.35 of this subpart;
(2) The equipment is made of hard plastic or metal,
(3) The equipment has been cleaned and disinfected in accordance
with Sec. 71.7 of this chapter,
(4) The equipment was inspected by a Federal or State representative
after it was cleaned but before it was disinfected, and then was
disinfected in the presence of a Federal or State representative; and
(5) The wheels and exposed surfaces of the vehicle used to move the
equipment are free of manure at the time

[[Page 262]]

the equipment leaves the premises of the test or infected poultry house.
(d) Manure may be moved interstate from a test poultry house, test
flock, infected poultry house, or infected flock only if: A permit has
been obtained for the interstate movement in accordance with Sec. 82.35
of this subpart; the wheels and exposed surfaces of the vehicle used to
move the manure are free of manure at the time the manure leaves the
premises of the flock; and the manure is moved interstate for one of the
following purposes:
(1) Burial,
(2) Spreading and turning under on fields not used for grazing or
poultry production; or
(3) Composting in a covered compost heap for a period of at least
one month.
[56 FR 3738, Jan. 30, 1991, as amended at 59 FR 67613, Dec. 30, 1994]

Sec. 82.34 Interstate movement of hatching eggs and newly-hatched chicks.

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 National Poultry Improvement
Plan (NPIP), or meet the requirements of a State classification plan
determined by the Administrator to be equivalent to the NPIP, in
accordance with Sec. 145.23(d) of this chapter. Flocks which meet this
requirement are designated Certified Salmonella enteritidis serotype
enteritidis Tested Free Flocks.
[56 FR 3738, Jan. 30, 1991, as amended at 61 FR 11517, Mar. 21, 1996]

Sec. 82.35 Issuance of permits.

Permits required by this part may be obtained by the owner of
poultry or other items, or the agent of the owner, by applying in
writing to a Federal representative.\5\ The application shall specify
the following: The name and mailing address of the owner of the poultry
or other items to be moved, or the name and address of the agent of the
owner; the name and mailing address of the person who will receive the
poultry or other items; the street addresses of both the origin and
destination of the shipment; the number and types of poultry and other
items to be moved; and the reason for their movement. An application for
a permit to move eggs for export in accordance with Sec. 82.33(a) of
this subpart must also include a written statement signed by the
exporter stating that the proposed exportation meets the requirements of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
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\5\ See Footnote 4 to Sec. 82.33 of this part.
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Sec. 82.36 Denial and withdrawal of permits.

(a) Denial. If a Federal representative denies a request for a
permit, he or she will send the applicant a written notice of the
denial, explaining why the permit was denied.
(b) Withdrawal. If a Federal representative determines that the
holder of a permit is violating either the regulations or a condition
specified in the permit, he or she may withdraw the permit by notifying
the holder of the permit of its withdrawal, orally or in writing. If the
notice was oral, a written notice of the withdrawal, explaining why the
permit was withdrawn, will follow.
(c) Appeals. Denial or withdrawal of a permit may be appealed in
writing to the Administrator within 10 days after receipt of the written
notice of denial or withdrawal. The appeal must tell the Administrator
what material facts are in dispute. A hearing will be held with respect
to any disputed material facts, in accordance with rules of practice
which shall be adopted by the Administrator for the proceeding; however,
the withdrawal or denial shall continue in effect pending the completion
of the proceeding, and any judicial review thereof, unless otherwise
ordered by the Administrator.

Sec. 82.37 Cleaning, washing, and disinfection of depopulated infected poultry houses.

If any infected poultry house is depopulated \6\, the poultry house
shall be cleaned, washed, and disinfected as follows between the time
the poultry

[[Page 263]]

house is depopulated and the time the new birds arrive at the premises.
All manure and litter must be removed from the house to an isolated area
where there is no opportunity for dissemination of disease organisms;
all surfaces in the house (except dirt floors) must be scrubbed with
hot, soapy water and rinsed; and all surfaces in the house must be
sprayed in accordance with the label directions with a disinfectant
which is registered by the U.S. Environmental Protection Agency as
germicidal, and which is effective against Salmonella enteritidis
serotype enteritidis.\7\ The owner or person in control of the infected
poultry house must request a Federal or State representative to inspect
the poultry house after it is disinfected but before it is restocked
with new chickens, and cleaning, washing, and disinfection shall not be
considered completed until the Federal or State representative
determines the procedures have been properly performed.
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\6\ Upon request of the flock owner, APHIS will conduct
environmental testing for Salmonellae of depopulated poultry houses
between the time they are disinfected and the time they are restocked.

\7\ A list of some disinfectant solutions registered by the U.S.
Environmental Protection Agency as germicidal that are effective against
Salmonella enteritidis serotype enteritidis may be obtained by writing
to the Animal and Plant Health Inspection Service, Veterinary Services,
Sheep, Goat, Equine, and Poultry Diseases, 4700 River Road Unit 43,
Riverdale, Maryland 20737-1231.
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[56 FR 3738, Jan. 30, 1991, as amended at 59 FR 67613, Dec. 30, 1994]

Sec. 82.38 Monitoring other poultry houses on premises containing infected poultry houses;
monitoring poultry houses released from infected poultry house status.

(a) This paragraph applies to any poultry house that is in test
poultry house status at any time when any other poultry house on the
same premises is in infected poultry house status. If any such test
poultry house is released from test poultry house status in accordance
with Sec. 82.32(b)(2) of this subpart, the poultry in the former test
poultry house will be tested a third time with the blood and internal
organ tests required by Sec. 82.32 (c) and (d) of this subpart, within
45 to 60 days following the date the house was released from test house
status. If this blood and internal organ monitoring test has positive
results, the poultry house will be determined to be an infected poultry
house in accordance with Sec. 82.32 (c) and (d) of this subpart.
(b) All other poultry houses on a premises containing an infected
poultry house, except any test poultry house, shall undergo monitoring
tests as follows from the date the flock owner is notified of the
determination of an infected house until 120 days after the date
infected house status is removed from all poultry houses on the
premises. A Federal representative or State representative shall collect
manure and egg transport machinery samples from each house in accordance
wth Sec. 82.32(b) of this subpart, at intervals of not less than 45 days
and not more than 60 days. If the samples from any house test positive
in accordance with Sec. 82.32(d) of this subpart, that house shall be
determined to be a test poultry house in accordance with Sec. 82.32(b)
of this subpart.
(c) The poultry in any infected poultry house that is released from
infected poultry house status in accordance with Sec. 82.32(e) of this
subpart must be tested a third time with the blood and internal organ
test required by Sec. 82.32(c) of this subpart, within 45 to 60 days
following the date the house was released from infected poultry house
status. If this blood and internal organ monitoring test has positive
results, the poultry house will be determined to be an infected poultry
house in accordance with Sec. 82.32(c) of this subpart.

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