October, 2007
Amendment
001 Statement of Purpose §§2-3001 to 2-
3008 and §§54-701 to 54-705
002 Administration and Definitions §§2-3001
to 2-3008 and §§54-701 to 54-705
003 Official Disease Control Program §§2-
3001 to 2-3008 and §§54-701 to 54-705
004 Disease Diagnosis and Quarantine §§2-
3001 to 2-3008 and §§54-701 to 54-705
005 Disease Monitoring §§2-3001 to 2-3008,
§§54-701 to 54-705, and §54-742
006 Exhibition §§2-3001 to 2-3008 and
§§54-701 to 54-705
007 Records §§2-3001 to 2-3008 and
§§54-701 to 54-705
008 Publication Adopted §§2-3001 to 2-3008
and §§54-701 to 54-705 M
009 Annotation §§2-3001 to 2-3008,
§§54-701 to 54-705, and §54-742
001 Statement of Purpose. The
purpose of these regulations is to aid in carrying out the legislative intent and general
purposes of the Nebraska Poultry Disease Control Act, the "Act", found at sections
2-3001 to 2-3008.
002 Administration and Definitions.
(1) These regulations shall be administered by the Department of Agriculture's Bureau
of Animal Industry, located on the fourth floor of the State Office Building, 301
Centennial Mall South, Lincoln, Nebraska. The mailing address of the Bureau is P.O.
Box 94787, Lincoln, Nebraska 68509. The telephone number is (402)471-2351. (2) For
purposes of the Nebraska Poultry Disease Control Regulations, unless the context
otherwise requires, the definitions found herein, shall apply:
002.02 AVIAN INFLUENZA means an infection of
poultry caused by an influenza A virus of H5 or H7 subtype as set forth in 9 C.F.R.
Section 146.1 (2007).
002.03 DEPARTMENT means the Nebraska
Department of Agriculture.
002.04 EXPOSED or EXPOSED POULTRY FLOCK
means contact with birds, equipment, personnel, supplies, or any article infected with, or
contaminated by, communicable poultry disease organisms.
002.05 INFECTED or INFECTED POULTRY FLOCK
means a poultry flock in which an authorized laboratory has discovered one or more
birds infected with a communicable poultry disease.
002.06 NATIONAL POULTRY IMPROVEMENT
PLAN AND AUXILIARY PROVISIONS means the rules and regulations officially
promulgated by the United States Department of Agriculture, under 9 C.F.R. Part 145
(2007), known as the National Poultry Improvement Plan for Breeding Poultry; Part 146
(2007), known as the National Poultry Improvement Plan for Commercial Poultry, and
Part 147 (2007), known as the Auxiliary Provisions On National Poultry Improvement
Plan.
002.07 POSITIVE or CONFIRMED POSITIVE means
a poultry flock which has been confirmed positive for a communicable poultry disease
by an authorized laboratory.
002.08 SUSPECT or SUSPECT POULTRY FLOCK
means a poultry flock in which evidence exists to suggest that it has been exposed to a
communicable poultry disease.
002.09 VETERINARY BIOLOGICAL DIAGNOSTIC
PRODUCT means a United States Department of Agriculture licensed diagnostic test
product or other diagnostic test kits or products approved for use by the Nebraska State
Veterinarian, which can be utilized by veterinarians or other authorized persons for use
in non-laboratory settings.
003 Official Disease Control Program.
003.02 All poultry and hatching eggs imported into
the State of Nebraska, except for poultry going direct to slaughter, shall meet the
requirements of the importation regulations of the department found in 23 NAC 2 and
these regulations.
004 Disease Diagnosis and Quarantine.
004.02 A poultry flock shall be presumed infected
with pullorum disease (S. pullorum) or fowl typhoid (S. gallinarum) if: (1) any diagnostic
sample from such poultry flock is classified suspect or confirmed positive; or (2) a
veterinary biological diagnostic product reveals a reactor from a diagnostic sample, and
such sample is not submitted to an authorized laboratory within ten (10) days following
the date of reading. Such flock shall be quarantined until the provisions for release of
quarantine have all been met.
004.03 Any suspect or exposed avian influenza
(H5/H7 subtypes) poultry flock shall be presumed infected and placed under quarantine
until all required tests have been completed. Such suspect or exposed flock shall
remain under quarantine until the provisions for release of quarantine have all been
met. The official determination of a flock as positive for avian influenza (H5/H7
subtypes) shall be made by the National Veterinary Services Laboratory.
004.04 Flocks infected with pullorum disease (S.
pullorum), fowl typhoid (S. gallinarum), or avian influenza (H5/H7 subtypes), shall be
quarantined by the department until the flock is on a department approved flock cleanup
plan and the provisions for release of quarantine have all been met.
004.05 All or part of a quarantined flock shall be
moved to slaughter only upon written permission by the department.
005 Disease Monitoring.
005.02 Any person who suspects or has reason to
believe that a poultry flock has been exposed to, or is infected with: (1) pullorum
disease (S. pullorum), (2) fowl typhoid (S. gallinarum), or (3) avian influenza (H5/H7
subtypes) shall immediately report such suspicion to the Nebraska State Veterinarian.
005.03 Testing requirements to monitor the presence
of avian influenza (H5/H7 subtypes) in breeding poultry flocks and commercial poultry
flocks shall be consistent with the National Poultry Improvement Plan and Auxiliary
Provisions.
005.04 The department may, provided funding is
available, implement voluntary testing procedures to monitor noncommercial poultry for
the presence of pullorum disease (S. pullorum) or fowl typhoid (S. gallinarum), avian
influenza, and any other dangerous, infectious, contagious, or otherwise transmissible
disease of poultry, and such procedures may include, but shall not be limited to, testing
of noncommercial poultry flocks at poultry sales, exhibitions, exotic animal auctions or
swap meets, the Nebraska State Fair, county fairs, and backyard flocks.
006 Exhibition. The department
may conduct testing for pullorum and typhoid at exhibitions, except:
007 Records. All records of
purchases, sales, and identity of poultry and hatching eggs handled shall be maintained
for a period of not less than three (3) years.
008 Publication Adopted. National
Poultry Improvement Plan and Auxiliary Provisions, Title 9, Parts 145, 146, and 147,
Code of Federal Regulations (C.F.R.) 2007. (See Appendix A.)
009 Annotation. Neb.
Rev. Stat. §§2-3001 to 2-3008 and §§54-701 to
54-705, and 54-742.
002.01 AUTHORIZED LABORATORY means a
laboratory designated by an Official State Agency, subject to review by the United
States Department of Agriculture, Animal and Plant Health Inspection Service,
Veterinary Services, to perform either or both of the following: 1) blood testing and
bacteriological examinations provided for in 9 C.F.R. Part 145 (2007); 2) diagnostic
assays provided for in 9 C.F.R. Part 146 (2007).
003.01 The National Poultry Improvement Plan and
Auxiliary Provisions is hereby adopted insofar as they do not conflict with the Act or
these regulations. A copy of the National Poultry Improvement Plan and Auxiliary
Provisions (April, 2007) which contains 9 C.F.R. Parts 145, 146 and 147, is attached to
these regulations and incorporated herein by reference (See Appendix A).
004.01 Disease diagnosis requirements shall be
those prescribed in the National Poultry Improvement Plan and Auxiliary Provisions.
The diagnosis requirements for other poultry diseases shall be approved by the
department.
005.01 The department may implement testing
procedures to monitor poultry diseases in breeding and commercial poultry flocks.
Such procedures may include, but shall not be limited to, testing of poultry at slaughter
establishments, poultry sales, exhibitions, the Nebraska State Fair, county fairs, exotic
animal auctions or swap meets, area testing, circle testing, randomly selected flock
testing, post-quarantine testing, and epidemiologically traced flocks. If a flock owner
refuses testing, the poultry flock shall be suspected of being infected and placed under
quarantine.
006.01 Poultry from flocks participating in the
National Poultry Improvement Plan and Auxiliary Provisions which come directly from
U.S. Pullorum and Typhoid Clean flocks of origin to the exhibition site, and are
accompanied by an official National Poultry Improvement Plan and Auxiliary Provisions
flock number; or, have individual identification and are accompanied by official
documentation that such poultry have tested negative for pullorum (S. pullorum) and
typhoid (S. gallinarum) within 90 days of the exhibition are exempt from further pullorum
disease and fowl typhoid testing.