SUBCHAPTER G—POULTRY IMPROVEMENT - gpo.gov · fowl, Exhibition Poultry, and Game Bird Breeding...

705

SUBCHAPTER G—POULTRY IMPROVEMENT

PART 145—NATIONAL POULTRYIMPROVEMENT PLAN

Subpart A—General Provisions

Sec.145.1 Definitions.145.2 Administration.145.3 Participation.145.4 General provisions for all participants.145.5 Specific provisions for participating

flocks.145.6 Specific provisions for participating

hatcheries.145.7 Specific provisions for participating

dealers.145.8 Terminology and classification; gen-

eral.145.9 Terminology and classification; hatch-

eries and dealers.145.10 Terminology and classification;

flocks, products, and States.145.11 Supervision.145.12 Inspections.145.13 Debarment from participation.145.14 Blood testing.

Subpart B—Special Provisions for Egg TypeChicken Breeding Flocks and Products

145.21 Definitions.145.22 Participation.145.23 Terminology and classification;

flocks and products.145.24 Terminology and classification;

States.

Subpart C—Special Provisions for MeatType Chicken Breeding Flocks andProducts



States.

Subpart D—Special Provisions for TurkeyBreeding Flocks and Products



States.

Subpart E—Special Provisions for Water-fowl, Exhibition Poultry, and Game BirdBreeding Flocks and Products

145.51 Definitions.

145.52 Participation.145.53 Terminology and classification;


States.

Subpart F—Special Provisions for OstrichBreeding Flocks and Products


flocks and products.

AUTHORITY: 7 U.S.C. 429; 7 CFR 2.22, 2.80,and 371.2(d).

SOURCE: 36 FR 23112, Dec. 3, 1971, unlessotherwise noted. Redesignated at 44 FR 61586,Oct. 26, 1979.

Subpart A—General Provisions

§ 145.1 Definitions.Words used in this part in the sin-

gular form shall be deemed to importthe plural, and vice versa, as the casemay demand. Except where the contextotherwise requires, for the purposes ofthis part the following terms shall beconstrued, respectively, to mean:

Administrator. The Administrator,Animal and Plant Health InspectionService, or any person authorized toact for the Administrator.

Affiliated flockowner. A flockownerwho is participating in the Planthrough an agreement with a partici-pating hatchery.

Animal and Plant Health InspectionService. The Animal and Plant HealthInspection Service of the U.S. Depart-ment of Agriculture.

Authorized Agent. Any person des-ignated under § 145.11(a) to performfunctions under this part.

Authorized laboratory. A laboratorydesignated by an Official State Agency,subject to review by the Service, toperform the blood testing and bacterio-logical examinations provided for inthis part.

Baby poultry. Newly hatched poultry(chicks, poults, ducklings, goslings,keets, etc.) that have not been fed orwatered.

Colon bacilli. For the purpose of thischapter, those organisms which are

VerDate 02<MAR>2000 20:00 Mar 06, 2000 Jkt 190025 PO 00000 Frm 00705 Fmt 8010 Sfmt 8010 Y:\SGML\190025T.XXX pfrm01 PsN: 190025T

706

9 CFR Ch. I (1–1–00 Edition)§ 145.1

gram negative, non spore-forming ba-cilli, which ferment lactose with gasformation, and serve as an index offecal contamination.

Dealer. An individual or business thatdeals in commerce in hatching eggs,newly-hatched poultry, and startedpoultry obtained from breeding flocksand hatcheries. This does not includean individual or business that deals incommerce in buying and selling poul-try for slaughter only.

Department. The U.S. Department ofAgriculture.

Domesticated. Propagated and main-tained under the control of a person.

Equivalent or equivalent requirements.Requirements which are equal to theprogram, conditions, criteria, or classi-fications with which compared, as de-termined by the Official State Agencyand with the concurrence of the Serv-ice.

Exposed (Exposure). Contact withbirds, equipment, personnel, supplies,or any article infected with, or con-taminated by, communicable poultrydisease organisms.

Flock—(1) As applied to breeding. Allpoultry of one kind of mating (breedand variety or combination of stocks)and of one classification on one farm;

(2) As applied to disease control. All ofthe poultry on one farm except that, atthe discretion of the Official StateAgency, any group of poultry which issegregated from another group and hasbeen so segregated for a period of atleast 21 days may be considered as aseparate flock.

Fluff sample. Feathers, shell mem-brane, and other debris resulting fromthe hatching of poultry.

Fowl typhoid or typhoid. A disease ofpoultry caused by Salmonellagallinarum.

Franchise breeder. A breeder who nor-mally sells products under a specificstrain or trade name and who author-izes other hatcheries to produce andsell products under this same strain ortrade name.

Franchise hatchery. A hatchery whichhas been authorized by a franchisebreeder to produce and sell productsunder the breeder’s strain or tradename.

Hatchery. Hatchery equipment on onepremises operated or controlled by any

person for the production of baby poul-try.

Infected flock. A flock in which an au-thorized laboratory has discovered oneor more birds infected with a commu-nicable poultry disease for which a pro-gram has been established under thePlan.

Midlay. Approximately 2–3 monthsafter a flock begins to lay or after amolted flock is put back into produc-tion.

Multiplier breeding flock. A flock thatis intended for the production of hatch-ing eggs used for the purpose of pro-ducing progeny for commercial egg ormeat production or for other non-breeding purposes.

Official State Agency. The State au-thority recognized by the Departmentto cooperate in the administration ofthe Plan.

Official supervision—(1) As applied toPlan programs. The direction, inspec-tion, and critical evaluation by the Of-ficial State Agency of compliance withthe provisions of the Plan;

(2) As applied to non-Plan but equiva-lent State poultry improvement programs.The direction, inspection, and criticalevaluation by an officer or agency of aState government, of compliance witha publicly announced State poultry im-provement program.

Person. A natural person, firm, orcorporation.

Plan. The provisions of the NationalPoultry Improvement Plan containedin this part.

Poultry. Domesticated fowl, includingchickens, turkeys, ostriches, water-fowl, and game birds, except doves andpigeons, which are bred for the primarypurpose of producing eggs or meat.

Primary breeding flock. A flock com-posed of one or more generations thatis maintained for the purpose of estab-lishing, continuing, or improving par-ent lines.

Products. Poultry breeding stock andhatching eggs, baby poultry, and start-ed poultry.

Program. Management, sanitation,testing, and monitoring procedureswhich, if complied with, will qualify,and maintain qualification for, des-ignation of a flock, products producedfrom the flock, or a state by an official


707

Animal and Plant Health Inspection Service, USDA § 145.2

Plan classification and illustrative de-sign, as described in § 145.10 of thispart.

Pullorum disease or pullorum. A dis-ease of poultry caused by Salmonellapullorum.

Reactor. A bird that has a positive re-action to a test, required or rec-ommended in parts 145 or 147 of thischapter, for any poultry disease forwhich a program has been establishedunder the Plan.

Salmonella. Any bacteria belonging tothe genus Salmonella, including the ar-izona group.

Sanitize. To treat with a productwhich is registered by the Environ-mental Protection Agency as germi-cidal, fungicidal, pseudomonocidal, ortuberculocidal, in accordance with thespecifications for use as shown on thelabel of each product. The OfficialState Agency, with the concurrence ofthe Service, shall approve each productor procedure according to its specifiedusage.

Service. The Animal and Plant HealthInspection Service, Veterinary Serv-ices, of the Department.

Serial. The total quantity of com-pleted product which has been thor-oughly mixed in a single container andidentified by a serial number.

Sexual Maturity. The average age atwhich a species of poultry is bio-logically capable of reproduction.

Started poultry. Young poultry(chicks, pullets, cockerels, capons,poults, ducklings, goslings, keets, etc.)that have been fed and watered and areless than 6 months of age.

State. Any State, the District of Co-lumbia, or Puerto Rico.

State Inspector. Any person employedor authorized under § 145.11(b) to per-form functions under this part.

Stock. A term used to identify theprogeny of a specific breeding combina-tion within a species of poultry. Thesebreeding combinations may includepure strains, strain crosses, breedcrosses, or combinations thereof.

Strain. Poultry breeding stock bear-ing a given name produced by a breederthrough at least five generations ofclosed flock breeding.

S. typhimurium infection ortyphimurium. A disease of poultry

caused by Salmonella typhimurium orS. typhimurium var. copenhagen.

Succeeding flock. A flock brought ontoa premises during the 12 months fol-lowing removal of an infected flock.

Suspect flock. A flock shall be consid-ered, for the purposes of the Plan, to bea suspect flock if any evidence existsthat it has been exposed to a commu-nicable poultry disease.

Trade name or number. A name ornumber compatible with State andFederal laws and regulations applied toa specified stock or product thereof.

[36 FR 23112, Dec. 3, 1971, as amended at 38FR 13706, May 24, 1973; 41 FR 14256, Apr. 2,1976; 41 FR 48723, Nov. 5, 1976. Redesignatedat 44 FR 61586, Oct. 26, 1979, and amended at47 FR 21991, May 20, 1982; 49 FR 19802, May 10,1984; 50 FR 19898, May 13, 1985; 54 FR 23954,June 5, 1989; 57 FR 57340, Dec. 4, 1992; 59 FR12798, Mar. 18, 1994; 63 FR 40009, July 27, 1998]

§ 145.2 Administration.

(a) The Department cooperatesthrough a Memorandum of Under-standing with Official State Agenciesin the administration of the Plan.

(b) The administrative proceduresand decisions of the Official StateAgency are subject to review by theService. The Official State Agencyshall carry out the administration ofthe Plan within the State according tothe applicable provisions of the Planand the Memorandum of Under-standing.

(c) An Official State Agency may ac-cept for participation an affiliatedflock located in another State under amutual understanding and agreement,in writing, between the two OfficialState Agencies regarding conditions ofparticipation and supervision.

(d) The Official State Agency of anyState may, except as limited by§ 145.3(d), adopt regulations applicableto the administration of the Plan insuch State further defining the provi-sions of the Plan or establishing higherstandards compatible with the Plan.

(Approved by the Office of Management andBudget under control number 0579–0007)

[36 FR 23112, Dec. 3, 1971. Redesignated at 44FR 61586, Oct. 26, 1979, and amended at 48 FR57473, Dec. 30, 1983]


708

9 CFR Ch. I (1–1–00 Edition)§ 145.3

§ 145.3 Participation.

(a) Any person producing or dealingin products may participate in thePlan when he has demonstrated, to thesatisfaction of the Official State Agen-cy, that his facilities, personnel, andpractices are adequate for carrying outthe applicable provisions of the Plan,and has signed an agreement with theOfficial State Agency to comply withthe general and the applicable specificprovisions of the Plan and any regula-tions of the Official State Agencyunder § 145.2. Affiliated flockownersmay participate without signing anagreement with the Official StateAgency.

(b) Each participant shall complywith the Plan throughout the oper-ating year of the Official State Agency,or until released by such Agency.

(c) A participant in any State shallparticipate with all of his poultryhatching egg supply flocks and hatch-ery operations within such State. Heshall report to the Official State Agen-cy on VS Form 9—2 (formerly NPIPForm 3B) or through other appropriatemeans each breeding flock before thebirds reach 24 weeks of age or, in thecase of ostriches, before the birds reach20 months of age. This report will in-clude:

(1) Name and address of flockowner;(2) Flock location and designation;(3) Type: Primary or Multiplier;(4) Breed, variety, strain, or trade

name of stock;(5) Source of males;(6) Source of females;(7) Number of birds in the flock; and(8) Intended classification of flock.(d) No person shall be compelled by

the Official State Agency to qualifyproducts for any of the other classifica-tions described in § 145.10 as a conditionof qualification for the U.S. Pullorum-Typhoid Clean classification.

(e) Participation in the Plan shall en-title the participant to use the Planemblem reproduced below:


[36 FR 23112, Dec. 3, 1971, as amended at 40FR 1500, Jan. 8, 1975. Redesignated at 44 FR61586, Oct. 26, 1979 and amended at 48 FR57473, Dec. 30, 1983; 57 FR 57341, Dec. 4, 1992;63 FR 40010, July 27, 1998]

§ 145.4 General provisions for all par-ticipants.

(a) Records of purchases and salesand the identity of products handledshall be maintained in a manner satis-factory to the Official State Agency.

(b) Products, records of sales and pur-chase of products, and material used toadvertise products shall be subject toinspection by the Official State Agencyat any time.

(c) Advertising must be in accordancewith the Plan, and applicable rules andregulations of the Official State Agen-cy and the Federal Trade Commission.A participant advertising products asbeing of any official classification mayinclude in his advertising reference toassociated or franchised hatcheriesonly when such hatcheries produce the


709


same kind of products of the same clas-sification.

(d) Except as provided by this para-graph, participants in the Plan maynot buy or receive products for anypurpose from nonparticipants unlessthey are part of an equivalent program,as determined by the Official StateAgency. Participants in the Plan maybuy or receive products from flocksthat are neither participants nor partof an equivalent program, for use inbreeding flocks or for experimentalpurposes, under the following condi-tions only:

(1) With the permission of the Offi-cial State Agency and the concurrenceof the Service; and

(2) By segregation of all birds beforeintroduction into the breeding flock.Upon reaching sexual maturity, thesegregated birds must be tested andfound negative for pullorum-typhoid.The Official State Agency may requirea second test at its discretion.

(e) Each participant shall be assigneda permanent approval number by theService. This number, prefaced by thenumerical code of the State, will be theofficial approval number of the partici-pant and may be used on each certifi-cate, invoice, shipping label, or otherdocument used by the participant inthe sale of his products. Each OfficialState Agency which requires an ap-proval or permit number for out-of-State participants to ship into itsState should honor this number. Theapproval number shall be withdrawnwhen the participant no longer quali-fies for participation in the Plan.


[36 FR 23112, Dec. 3, 1971, as amended at 38FR 13706, May 24, 1973; 41 FR 48723, Nov. 5,1976. Redesignated at 44 FR 61586, Oct. 26,1979, as amended at 47 FR 21991, May 20, 1982;48 FR 57473, Dec. 30, 1983; 57 FR 57341, Dec. 4,1992]

§ 145.5 Specific provisions for partici-pating flocks.

(a) Poultry equipment, and poultryhouses and the land in the immediatevicinity thereof, shall be kept in sani-tary condition as recommended in§§ 147.21 and 147.22 (a) and (e) of thischapter. The participating flock, itseggs, and all equipment used in connec-

tion with the flock shall be separatedfrom nonparticipating flocks, in amanner acceptable to the Official StateAgency.

(b) All flocks shall consist of healthy,normal individuals characteristic ofthe breed, variety, cross, or other com-bination which they are stated to rep-resent.

(c) A flock shall be deemed to be aparticipating flock at any time only ifit has qualified for the U.S. Pullorum-Typhoid Clean classification, as pre-scribed in Subparts B, C, D, E, or F ofthis part.

(d) Each bird shall be identified witha sealed and numbered band obtainedthrough or approved by the OfficialState Agency: Provided, That exceptionmay be made at the discretion of theOfficial State Agency.

[36 FR 23112, Dec. 3, 1971, as amended at 38FR 13706, May 24, 1973. Redesignated at 44 FR61586, Oct. 26, 1979, as amended at 63 FR 40010,July 27, 1998]

§ 145.6 Specific provisions for partici-pating hatcheries.

(a) Hatcheries, including brooderrooms, shall be kept in sanitary condi-tion, acceptable to the Official StateAgency. The procedures outlined in§§ 147.22 through 147.25 of this chaptershall be considered as a guide in deter-mining compliance with this provision.The minimum requirements with re-spect to sanitation shall include thefollowing:

(1) Incubator walls, floors, and traysshall be kept free from broken eggs andeggshells.

(2) Tops of incubators and hatchersshall be kept clean (not used for stor-age).

(3) Entire hatchery, including salesroom, shall be kept in a neat, orderlycondition and free from accumulateddust.

(4) Hatchery residue, such as egg-shells, infertile eggs, and dead germs,shall be disposed of promptly and in amanner satisfactory to the OfficialState Agency.

(5) Hatchers and hatching trays shallbe cleaned and fumigated or disinfectedafter each hatch, preferably using theprocedures outlined in §§ 147.24(b) and147.25(e) of this chapter. While notmandatory for participation, all eggs


710

9 CFR Ch. I (1–1–00 Edition)§ 145.7

set should be fumigated as described in§ 147.25 or otherwise sanitized.

(b) A hatchery which keeps startedpoultry must keep such poultry sepa-rated from the incubator room in amanner satisfactory to the OfficialState Agency.

(c) All baby and started poultry of-fered for sale under Plan terminologyshall be normal and typical of thebreed, variety, cross, or other combina-tion represented.

(d) Eggs incubated shall be sound inshell, typical for the breed, variety,strain, or cross thereof and reasonablyuniform in shape. Hatching eggs shallbe trayed and the baby poultry boxedwith a view to uniformity of size.

(e) If a person is responsibly con-nected with more than one hatchery,all of such hatcheries must participatein the Plan if any of them participate.A person is deemed to be responsiblyconnected with a hatchery if he or sheis a partner, officer, director, holder,owner of 10 percent or more of the vot-ing stock, or an employee in a manage-rial or executive capacity.

[36 FR 23112, Dec. 3, 1971. Redesignated at 44FR 61586, Oct. 26, 1979, and amended at 49 FR19802, May 10, 1984]

§ 145.7 Specific provisions for partici-pating dealers.

Dealers in poultry breeding stock,hatching eggs, or baby or started poul-try shall comply with all provisions inthis part which apply to their oper-ations.

§ 145.8 Terminology and classification;general.

(a) The official classification termsdefined in §§ 145.9 and 145.10 and thevarious designs illustrative of the offi-cial classifications reproduced in§ 145.10 may be used only by partici-pants and to describe products thathave met all the specific requirementsof such classifications.

(b) Products produced under the Planshall lose their identity under Plan ter-minology when they are purchased forresale by or consigned to nonpartici-pants.

(c) Participating flocks, their eggs,and the baby and started poultry pro-duced from them may be designated bytheir strain or trade name. When abreeder’s trade name or strain designa-tion is used, the participant shall beable by records to substantiate thatthe products so designated are fromflocks that are composed of eitherbirds hatched from eggs producedunder the direct supervision of thebreeder of such strain, or stock multi-plied by persons designated and so re-ported by the breeder to each OfficialState Agency concerned.

§ 145.9 Terminology and classification;hatcheries and dealers.

Participating hatcheries and dealersshall be designated as ‘‘National PlanHatchery’’ and ‘‘National Plan Deal-er’’, respectively. All Official StateAgencies shall be notified by the Serv-ice of additions, withdrawals, andchanges in classification.

[36 FR 23112, Dec. 3, 1971. Redesignated at 44FR 61586, Oct. 26, 1979, and amended at 47 FR21991, May 20, 1982]

§ 145.10 Terminology and classifica-tion; flocks, products, and States.

Participating flocks, products pro-duced from them, and States whichhave met the respective requirementsspecified in part 145 subpart B, C, D, E,or F may be designated by the fol-lowing terms or illustrative designs:

(a) U.S. Approved. (See § 145.53(a).)

(b) U.S. Pullorum-Typhoid Clean. (See§ 145.23(b), § 145.33(b), § 145.43(b),§sect; 145.53(b), and 145.63(a).)


711


(c) U.S. M. Gallisepticum Clean. (See§ 145.23(c), § 145.23(f), § 145.33(c),§ 145.33(f), § 145.43(c), and § 145.53(c).)

(d) U.S. Sanitation Monitored. (See§ 145.33(d).)

(e) U.S. M. Synoviae Clean. (See§ 145.23(e), § 145.23(g), § 145.33(e),§ 145.33(g), § 145.43(e), and § 145.53(d)).

(f) U.S. M. Meleagridis Clean—(See§ 145.43(d)).

(g) U.S. Pullorum-Typhoid Clean State.(See § 145.24(a), § 145.34(a), § 145.44(a),and § 145.54(a).)

(h) U.S. Pullorum-Typhoid Clean State,Turkeys. (See § 145.44(b).)


712

9 CFR Ch. I (1–1–00 Edition)§ 145.10

(i) U.S.M. Gallisepticum Clean State,Turkeys. (See § 145.44(c).)

(j) U.S. M. Gallisepticum Clean State,Meat-Type Chickens. (See § 145.34(b).)

(k) U.S. Sanitation Monitored, Turkeys.(See § 145.43(f).)


713


Figure 12(l) U.S. S. Enteritidis Monitored. (See

§ 145.23(d).)

Figure 13(m) U.S. S. Enteritidis Clean. (See

§ 145.33(h).)

(n) U.S. M. Synoviae Clean State, Tur-keys. (See § 145.44(d).)


714

9 CFR Ch. I (1–1–00 Edition)§ 145.11

(o) U.S. Salmonella Monitored. (See§ 145.33(i).)

(p) U.S. M. Gallisepticum Monitored.(See § 145.33(j).)

(q) U.S. M. Synoviae Monitored. (See§ 145.33(k).)

[38 FR 13706, May 24, 1973, as amended at 40FR 1500, Jan. 8, 1975; 41 FR 48723, Nov. 5, 1976.Redesignated at 44 FR 61586, Oct. 26, 1979, andamended at 45 FR 10315, Feb. 15, 1980; 47 FR21991, May 20, 1982; 50 FR 19898, May 13, 1985;54 FR 23955, June 5, 1989; 57 FR 57341, Dec. 4,1992; 59 FR 12798, Mar. 18, 1994; 61 FR 11517,Mar. 21, 1996; 62 FR 44068, Aug. 19, 1997; 63 FR40010, July 27, 1998]

§ 145.11 Supervision.

(a) The Official State Agency maydesignate qualified persons as Author-ized Agents to do the sample collectingand blood testing provided for in§ 145.14 and the selecting required forthe U.S. Approved classification pro-vided for in § 145.53(a).

(b) The Official State Agency shallemploy or authorize qualified personsas State Inspectors to perform or su-pervise the performance of the select-ing and testing of participating flocks,and to perform the official inspectionsnecessary to verify compliance withthe requirements of the Plan.

(c) Authorities issued under the pro-visions of this section shall be subjectto cancellation by the official Stateagency on the grounds of incompetenceor failure to comply with the provi-sions of the Plan or regulations of theofficial State agency. Such actionsshall not be taken until a thorough in-vestigation has been made by the offi-cial State agency and the authorized


715


person has been given notice of the pro-posed action and the basis therefor andan opportunity to present his views.

[36 FR 23112, Dec. 3, 1971, as amended at 38FR 13706, May 24, 1973; 41 FR 48723, Nov. 5,1976. Redesignated at 44 FR 61586, Oct. 26,1979]

§ 145.12 Inspections.(a) Each participating hatchery shall

be inspected a sufficient number oftimes each year to satisfy the OfficialState Agency that the operations ofthe hatchery are in compliance withthe provisions of the Plan.

(b) The records of all flocks main-tained primarily for production ofhatching eggs shall be examined annu-ally by a State Inspector. Records shallinclude VS Form 9–2, ‘‘Flock Selectingand Testing Report’’; VS Form 9–3,‘‘Report of Sales of Hatching Eggs,Chicks, and Poults’’; set and hatchrecords; egg receipts; and egg/chick or-ders or invoices. Records shall be main-tained for 3 years. On-site inspectionsof flocks and premises will be con-ducted if the State Inspector deter-mines that a breach of sanitation,blood testing, or other provisions hasoccurred for Plan programs for whichthe flocks have or are being qualified.

[36 FR 23112, Dec. 3, 1971, as amended at 40FR 1501, Jan. 8, 1975. Redesignated at 44 FR61586, Oct. 26, 1979, and amended at 54 FR23955, June 5, 1989; 59 FR 12798, Mar. 18, 1994]

§ 145.13 Debarment from participation.Participants in the Plan, who after

investigation by the Official StateAgency or its representative, are noti-fied of their apparent noncompliancewith the Plan provisions or regulationsof the Official State Agency, shall beafforded a reasonable time, as specifiedby the Official State Agency, withinwhich to demonstrate or achieve com-pliance. If compliance is not dem-onstrated or achieved within the speci-fied time, the Official State Agencymay debar the participant from furtherparticipation in the Plan for such pe-riod, or indefinitely, as the Agencymay deem appropriate. The debarredparticipant shall be afforded notice ofthe bases for the debarment and oppor-tunity to present his views with re-spect to the debarment in accordancewith procedures adopted by the Official

State Agency. The Official State Agen-cy shall thereupon decide whether thedebarment order shall continue in ef-fect. Such decision shall be final unlessthe debarred participant, within 30days after the issuance of the debar-ment order, requests the Administratorto determine the eligibility of thedebarred participant for participationin the Plan. In such event the Adminis-trator shall determine the matter denovo in accordance with §§ 50.21through 50.28–14 and §§ 50.30 through50.33 of the rules of practice in 7 CFRpart 50, which are hereby made applica-ble to proceedings before the Adminis-trator under this section. The defini-tions in 7 CFR 50.2(e),(g),(h), and (l) andthe following definitions shall applywith respect to terms used in suchrules of practice:

(a) Administrator means the Adminis-trator, Animal and Plant Health In-spection Service of the U.S. Depart-ment of Agriculture or any officer oremployee to whom authority has here-tofore been delegated or to whom au-thority may hereafter be delegated toact in his stead.

[36 FR 23112, Dec. 3, 1971, as amended at 38FR 3038, Feb. 1, 1973. Redesignated at 44 FR61586, Oct. 26, 1979, and amended at 47 FR21991, May 20, 1982]

§ 145.14 Blood testing.Poultry must be more than 4 months

of age when blood tested for an officialclassification; Provided, That turkeycandidates may be blood tested at morethan 12 weeks of age under subpart D,while game birds may be blood testedunder subpart E when more than 4months of age or upon reaching sexualmaturity, whichever comes first, andostriches blood tested under subpart Fmust be more than 12 months of age.Blood samples for official tests shall bedrawn by an Authorized Agent or StateInspector and tested by an authorizedlaboratory, except that the stainedantigen, rapid whole-blood test for pul-lorum-typhoid may be conducted by anAuthorized Agent or State Inspector.For Plan programs in which a rep-resentative sample may be tested inlieu of an entire flock, the minimumnumber tested shall be 30 birds perhouse, with at least 1 bird taken fromeach pen and unit in the house. The


716

9 CFR Ch. I (1–1–00 Edition)§ 145.14

1 The criteria and procedures for Depart-ment approval of antigens and reagents maybe obtained from the Animal and PlantHealth Inspection Service, Veterinary Serv-ices, Veterinary Biologics, 4700 River Road,Unit 148, Riverdale, Maryland 20737–1237.

2 In making determinations of exposure,the State Inspector shall evaluate both evi-dence proving that exposure occurred andcircumstances indicating a high probabilityof contacts with: infected wild birds; con-taminated feed or waste; or birds, equip-ment, supplies, or persons from or exposed toflocks infected with S. pullorum or S.gallinarum.

ratio of male to female birds in rep-resentative samples of birds frommeat-type chicken, waterfowl, exhi-bition poultry, and game bird flocksmust be the same as the ratio of maleto female birds in the flock. In housescontaining fewer than 30 birds, all birdsin the house must be tested.

(a) For Pullorum-Typhoid. (1) The offi-cial blood tests for pullorum-typhoidshall be the standard tube agglutina-tion test, the microagglutination test,the enzyme-linked immunosorbentassay test (ELISA), or the rapid serumtest for all poultry; and the stainedantigen, rapid whole-blood test for allpoultry except turkeys. The proceduresfor conducting official blood tests areset forth in §§ 147.1, 147.2, 147.3, and 147.5of this chapter and referenced in foot-note 3 of this section or in literatureprovided by the producer. Only anti-gens approved by the Department andof the polyvalent type shall be used forthe rapid whole-blood and tube aggluti-nation tests. Each serial of tube anti-gen shall be submitted by the antigenproducer to the Department for ap-proval upon manufacture and once ayear thereafter as long as antigen fromthat serial continues to be made avail-able for use. All microtest antigens andenzyme-linked immunosorbent assayreagents shall also be approved by theDepartment.1

(2) [Reserved](3) There shall be an interval of at

least 21 days between any official bloodtest and any previous test with pul-lorum–typhoid antigen.

(4) [Reserved](5) The official blood test shall in-

clude the testing of a sample of bloodfrom each bird in the flock: Provided,That under specified conditions (seeapplicable provisions of §§ 145.23, 145.33,145.43, 145.53 and 145.63) the testing of aportion or sample of the birds may beused in lieu of testing each bird.

(6) When reactors are found in serumor blood from any flock, or S. pullorumor S. gallinarum organisms are isolatedby an authorized laboratory from baby

poultry, or from fluff samples producedby hatching eggs, the infected flockshall qualify for participation in thePlan with two consecutive negative re-sults to an official blood test named inparagraph (a)(1) of this section. A suc-ceeding flock must be qualified for par-ticipation in the Plan’s pullorum-ty-phoid program with a negative resultto an official blood test named in para-graph (a)(1) of this section. Testing toqualify flocks for Plan participationmust include the testing of all birds ininfected flocks and succeeding flocksfor a 12-month period, and shall be per-formed or physically supervised by aState Inspector; Provided, That at thediscretion of the Official State Agency,a sample of at least 500 birds, ratherthan all birds in the flock, may be test-ed by the State Inspector if it is agreedupon by the Official State Agency, theflockowner, and the Administrator. Ifthe State Inspector determines that aprimary breeding flock has been ex-posed to S. pullorum or S. gallinarum,2the Official State Agency shall require:

(i) The taking of blood samples—per-formed by or in the presence of a StateInspector—from all birds on premisesexposed to birds, equipment, supplies,or personnel from the primary breedingflock during the period when the StateInspector determined that exposure toS. pullorum or S. gallinarum occurred.2

(ii) The banding of all birds of thesepremises—performed or physically su-pervised by a State Inspector—in orderto identify any bird that tests positive;and

(iii) The testing of blood samples atan authorized laboratory using an offi-cial blood test named in paragraph(a)(1) of this section.

(7) All domesticated fowl, except wa-terfowl, on the farm of the participantshall either be properly tested to meetthe same standards as the partici-pating flock or these birds and their


717


eggs shall be separated from the par-ticipating flock and its eggs.

(8) All tests for pullorum–typhoid inflocks participating in or candidatesfor participation in the Plan shall bereported to the Official State Agencywithin 10 days following the comple-tion of such tests. All reactors shall beconsidered in determining the classi-fication of the flock.

(9) Poultry from flocks undergoingqualification testing for participationin the Plan, that have a positive reac-tion to an official blood test named inparagraph (a)(1) of this section, shall beevaluated for pullorum-typhoid infec-tion. The Official State Agency shallselect one or more of the following pro-cedures to be used in each cir-cumstance, based on a cost-benefitanalysis involving evaluation of suchfactors as: the value of the reactorsand flocks at risk; the necessity forpreserving birds from scarce geneticlines; the need for a quick determina-tion of disease existence; and the costfor each retesting option versus thetotal availability of funds (when thestate provides retesting subsidies):

(i) Reactors shall be submitted to anauthorized laboratory for bacterio-logical examination. If there are morethan 4 reactors in a flock, a minimumof 4 reactors shall be submitted to theauthorized laboratory; if the flock has4 or fewer reactors, all of the reactorsmust be submitted. The approved pro-cedure for bacteriological examinationis set forth in § 147.11 of this chapter.When reactors are submitted to the au-thorized laboratory within 10 daysfrom the date of reading an officialblood test named in paragraph (a)(1) ofthis section, and the bacteriologicalexamination fails to demonstrate pul-lorum-typhoid infection, the OfficialState Agency shall presume that theflock has no pullorum-typhoid reac-tors.

(ii) The serum specimen that pro-duced the positive reaction shall be re-tested at an authorized laboratory inaccordance with procedures set forth in§ 147.1 of this chapter for the standardtube agglutination test, or in § 147.5 ofthis chapter for the microagglutinationtest for pullorum-typhoid. If the reac-tion to this retest is positive in dilu-tions of 1:50 or greater for the standard

tube agglutination test, or 1:40 orgreater for the microagglutinationtest, additional examination of the birdand flock will be performed in accord-ance with paragraph (a)(9)(i) or(a)(9)(iii) of this section.

(iii) the reactors shall be retestedwithin 30 days using an official bloodtest named in paragraph (a)(1) of thissection. If this retest is positive, addi-tional examination of the reactors andflock will be performed in accordancewith paragraph (a)(9)(i) of this section.During the 30-day period, the flockmust be maintained under a securitysystem, specified or approved by theOfficial State Agency, that will pre-vent physical contact with other birdsand assure that personnel, equipment,and supplies that could be a source ofpullorum-typhoid spread are sanitized.

(10) Any drug, for which there is sci-entific evidence of masking the test re-action or hindering the bacteriologicalrecovery of Salmonella organisms,shall not be fed or administered topoultry within 3 weeks prior to a testor bacteriological examination uponwhich a Salmonella classification isbased.

(11) When suitable evidence, as deter-mined by the Official State Agency orthe State Animal Disease Control Offi-cial, indicates that baby or startedpoultry produced by participatinghatcheries are infected with organismsfor which the parent flock received anofficial control classification and thisevidence indicates that the infectionwas transmitted from the parent flock,the Official State Agency may, at itsdiscretion, require additional testing ofthe flock involved. If infection is foundin the parent flock, its classificationshall be suspended until the flock is re-qualified under the requirements forthe classification. Furthermore, the Of-ficial State Agency may require thatthe hatching eggs from such flocks beremoved from the incubator and de-stroyed prior to hatching. When Sal-monella organisms are isolated from aspecimen which originated in a partici-pating hatchery, the Official StateAgency shall attempt to locate thesource of the infection. The results ofthe investigation and the action taken


718

9 CFR Ch. I (1–1–00 Edition)§ 145.21

3 Procedures for the enzyme-linkedimmunosorbent assay (ELISA) test are setforth in the following publications:

A.A. Ansari, R.F. Taylor, T.S. Chang, ‘‘Ap-plication of Enzyme-Linked ImmunosorbentAssay for Detecting Antibody to Myco-plasma gallisepticum Infections in Poultry,’’Avian Diseases, Vol. 27, No. 1, pp. 21–35, Janu-ary–March 1983; and

H.M. Opitz, J.B. Duplessis, and M.J. Cyr,‘‘Indirect Micro-Enzyme-LinkedImmunosorbent Assay for the Detection ofAntibodies to Mycoplasma synoviae and M.gallisepticum,’’ Avian Diseases, Vol. 27, No. 3,pp. 773–786, July–September 1983; and

H.B. Ortmayer and R. Yamamoto, ‘‘Myco-plasma Meleagridis Antibody Detection byEnzyme-Linked Immunosorbent Assay(ELISA),’’ Proceedings, 30th Western PoultryDisease Conference, pp. 63–66, March 1981.

to eliminate the infection shall be re-ported by the Official State Agency tothe Service.

(b) For M. gallisepticum and M.synoviae: (1) The official blood tests forM. gallisepticum and M. synoviae shallbe the serum plate agglutination test,the tube agglutination test, thehemagglutination inhibition (HI) test,the microhemagglutination inhibitiontest, the enzyme-linkedimmunosorbent assay (ELISA) test 3 ora combination of two or more of thesetests. The HI test, themicrohemagglutination inhibition test,and the ELISA test shall be used toconfirm the positive results of other se-rological tests. HI titers of 1:40 or lessmay be interpreted as equivocal, andfinal judgment may be based on furthersamplings and/or culture of reactors.

(2) The tests shall be conducted usingM. gallisepticum or M. synoviae anti-gens approved by the Department orthe Official State Agency and shall beperformed in accordance with the rec-ommendations of the producer of theantigen.

(3) When reactors to the test forwhich the flock was tested are sub-mitted to a laboratory as prescribed bythe Official State Agency, the criteriafound in § 147.6 of this chapter shall beused in determining the final status ofthe flock.

(4) Any drug, for which there is sci-entific evidence of masking the test re-action or hindering the bacteriologicalrecovery of mycoplasma organisms,shall not be fed or administered to

poultry within three weeks prior to atest or bacteriological examinationupon which a Mycoplasma classifica-tion is based.

(c) For M. meleagridis. The officialblood tests for M. meleagridis are speci-fied in § 145.43(d)(2).


[36 FR 23112, Dec. 3, 1971, as amended at 38FR 13706, May 24, 1973; 40 FR 1501, Jan. 8,1975; 41 FR 48723, Nov. 5, 1976. Redesignatedat 44 FR 61586, Oct. 26, 1979, and amended at45 FR 10315, Feb. 15, 1980; 47 FR 21991, May 20,1982; 48 FR 57473, Dec. 30, 1983; 50 FR 19898,May 13, 1985; 54 FR 23955, June 5, 1989; 57 FR57341, Dec. 4, 1992; 59 FR 12798, Mar. 18, 1994;59 FR 67617, Dec. 30, 1994; 61 FR 11519, Mar. 21,1996; 63 FR 3, Jan. 2, 1998; 63 FR 40010, July 27,1998]

Subpart B—Special Provisions forEgg Type Chicken BreedingFlocks and Products

§ 145.21 Definitions.

Except where the context otherwiserequires, for the purposes of this sub-part the following terms shall be con-strued, respectively, to mean:

Chicks. Newly hatched chickenswhich have not been fed or watered.

Egg type chicken breeding flocks.Flocks that are composed of stock thathas been developed for egg productionand are maintained for the principalpurpose of producing chicks for the ul-timate production of eggs for humanconsumption.

Started chickens. Young chickens(chicks, pullets, cockerels, capons)which have been fed and watered andare less than 6 months of age.

[36 FR 23112, Dec. 3, 1971, as amended at 38FR 13707, May 24, 1973; 41 FR 48723, Nov. 5,1976. Redesignated at 44 FR 61586, Oct. 26,1979, and amended at 59 FR 12798, Mar. 18,1994]

§ 145.22 Participation.

Participating flocks of egg typechickens, and the eggs and chicks pro-duced from them, shall comply withthe applicable general provisions ofsubpart A of this part and the specialprovisions of this subpart B.


719


(a) The minimum weight of hatchingeggs sold shall be 111⁄12 ounces each, ex-cept as otherwise specified by the pur-chaser of the eggs.

(b) Mediterranean breed eggs shall bereasonably free from tints.

(c) Started chickens shall lose theiridentity under Plan terminology whennot maintained by Plan participantsunder the conditions prescribed in§ 145.5(a).

(d) Hatching eggs produced by pri-mary breeding flocks shall be fumi-gated (see § 147.25 of this chapter) orotherwise sanitized.

[36 FR 23112, Dec. 3, 1971, as amended at 40FR 1501, Jan. 8, 1975. Redesignated at 44 FR61586, Oct. 26, 1979, and amended at 49 FR19802, May 10, 1984; 57 FR 57341, Dec. 4, 1992]

§ 145.23 Terminology and classifica-tion; flocks and products.

Participating flocks, and the eggsand chicks produced from them, whichhave met the respective requirementsspecified in this section may be des-ignated by the following terms and thecorresponding designs illustrated in§ 145.10:

(a) [Reserved](b) U.S. Pullorum-Typhoid Clean. A

flock in which freedom from pullorumand typhoid has been demonstrated tothe official State agency under the cri-teria in one of the following paragraphs(b)(1) through (5) of this section: Pro-vided, That a flock qualifying by meansof a blood test shall be tested withinthe past 12 months, except that the re-testing of a participating flock whichis retained for more than 12 monthsshall be conducted a minimum of 4weeks after the induction of molt. (See§ 145.14 relating to the official bloodtest where applicable.)

(1) It has been officially blood testedwith no reactors.

(2) It is a multiplier breeding flock,or a breeding flock composed of prog-eny of a primary breeding flock whichis intended solely for the production ofmultiplier breeding flocks, and meetsthe following specifications as deter-mined by the Official State Agency andthe Service:

(i) The flock is located in a Statewhere all persons performing poultrydisease diagnostic services within theState are required to report to the Offi-

cial State Agency within 48 hours thesource of all poultry specimens fromwhich S. pullorum or S. gallinarum isisolated;

(ii) The flock is composed entirely ofbirds that originated from U.S. Pul-lorum-Typhoid Clean breeding flocksor from flocks that met equivalent re-quirements under official supervision;and

(iii) The flock is located on a prem-ises where either no poultry or a flocknot classified as U.S. Pullorum-Ty-phoid Clean were located the previousyear; Provided, That an AuthorizedAgent must blood test up to 300 birdsper flock, as described in § 145.14, if theOfficial State Agency determines thatthe flock has been exposed to pul-lorum-typhoid. In making determina-tions of exposure and setting the num-ber of birds to be blood tested, the Offi-cial State Agency shall evaluate theresults of any blood tests, described in§ 145.14(a)(1) that were performed on anunclassified flock located on the prem-ises during the previous year; the ori-gins of the unclassified flock; and theprobability of contacts between theflock for which qualification is beingsought and (a) infected wild birds, (b)contaminated feed or waste, or (c)birds, equipment, supplies, or personnelfrom flocks infected with pullorum-ty-phoid.

(3) It is a multiplier breeding flockthat originated from U.S. Pullorum-Typhoid Clean breeding flocks or fromflocks that met equivalent require-ments under official supervision, and islocated in a State in which it has beendetermined by the Service that: (i) Allhatcheries, except turkey hatcheries,within the State are qualified as ‘‘Na-tional Plan Hatcheries’’ or have metequivalent requirements for pullorum-typhoid control under official super-vision;

(ii) All hatchery supply flocks, ex-cept turkey flocks, within the State,are qualified as U.S. Pullorum-TyphoidClean or have met equivalent require-ments for pullorum-typhoid controlunder official supervision: Provided,That if other domesticated fowl, exceptwaterfowl, are maintained on the samepremises as the participating flock,


720

9 CFR Ch. I (1–1–00 Edition)§ 145.23

freedom from pullorum-typhoid infec-tion shall be demonstrated by an offi-cial blood test of each of these fowl;

(iii) All shipments of products otherthan U.S. Pullorum-Typhoid Clean, orequivalent, into the State are prohib-ited;

(iv) All persons performing poultrydisease diagnostic services within theState are required to report to the Offi-cial State Agency within 48 hours thesource of all poultry specimens fromwhich S. pullorum or S. gallinarum isisolated;

(v) All reports of any disease out-break involving a disease coveredunder the Plan are promptly followedby an investigation by the OfficialState Agency to determine the originof the infection; Provided, That if theorigin of the infection involves anotherState, or if there is exposure to poultryin another State from the infectedflock, then the National Poultry Im-provement Plan will conduct an inves-tigation;

(vi) All flocks found to be infectedwith pullorum or typhoid are quar-antined until marketed or destroyedunder the supervision of the OfficialState Agency, or until subsequentlyblood tested, following the procedurefor reacting flocks as contained in§ 145.14(a)(5), and all birds fail to dem-onstrate pullorum or typhoid infection;

(vii) All poultry, including exhi-bition, exotic, and game birds, but ex-cluding waterfowl, going to public ex-hibition shall come from U.S. Pul-lorum-Typhoid Clean or equivalentflocks, or have had a negative pul-lorum-typhoid test within 90 days ofgoing to public exhibition;

(viii) Discontinuation of any of theconditions or procedures described inparagraphs (b)(3)(i), (ii), (iii), (iv), (v),(vi), and (vii) of this section, or the oc-currence of repeated outbreaks of pul-lorum or typhoid in poultry breedingflocks, other than turkey flocks, with-in or originating within the State shallbe grounds for the Service to revoke itsdetermination that such conditionsand procedures have been met or com-plied with. Such action shall not betaken until a thorough investigationhas been made by the Service and theOfficial State Agency has been givenan opportunity to present its views.

(4) It is a multiplier breeding flocklocated in a State which has been de-termined by the Service to be in com-pliance with the provisions of (b)(3) ofthis section, and in which pullorumdisease or fowl typhoid is not known toexist nor to have existed in hatcherysupply flocks, other than turkey, wa-terfowl, exhibition poultry, and gamebird supply flocks, within the Stateduring the preceding 12 months.

(5) It is a primary breeding flock lo-cated in a State determined to be incompliance with the provisions of para-graph (b)(4) of this section, and inwhich a sample of 300 birds from flocksof more than 300, and each bird inflocks of 300 or less, has been officiallytested for pullorum-typhoid with no re-actors: Provided, That a bacteriologicalexamination monitoring program ac-ceptable to the Official State Agencyand approved by the Service may beused in lieu of blood testing.

(c) U.S. M. Gallisepticum Clean. (1) Aflock maintained in compliance withthe provisions of § 147.26 of this chapterand in which freedom from M.gallisepticum has been demonstratedunder the criteria specified in para-graph (c)(1)(i) or (ii) of this section.

(i) It is a flock in which all birds ora sample of at least 300 birds has beentested for M. gallisepticum as providedin § 145.14(b) when more than 4 monthsof age: Provided, That to retain thisclassification, a minimum of 150 birdsshall be tested at intervals of not morethan 90 days: And provided further, Thata sample comprised of less than 150birds may be tested at any one time, ifall pens are equally represented and atotal of 150 birds is tested within each90-day period; or

(ii) It is a multiplier breeding flockwhich originated as U.S. M.Gallisepticum Clean chicks from pri-mary breeding flocks and from which asample comprised of a minimum of 150birds per flock has been tested for M.gallisepticum as provided in § 145.14(b)when more than 4 months of age: Pro-vided, That to retain this classifica-tion, the flock shall be subjected to oneof the following procedures:

(A) At intervals of not more than 90days, 75 birds from the flock shall betested, Provided, that fewer than 75birds from the flock may be tested at


721


any one time if all pens are equallyrepresented and a total of at least 75birds from the flock is tested withineach 90-day period; or

(B) At intervals of not more than 30days, a sample of 25 cull chicks pro-duced from the flock shall be subjectedto laboratory procedures acceptable tothe Official State Agency and approvedby the Service, for the detection andrecovery of M. gallisepticum; or

(C) At intervals of not more than 30days, egg yolk testing shall be con-ducted in accordance with § 147.8 of thischapter.

(2) A participant handling U.S. M.Gallisepticum Clean products shallkeep these products separate fromother products in a manner satisfac-tory to the Official State Agency: Pro-vided, That U.S. M. GallisepticumClean chicks from primary breedingflocks shall be produced in incubatorsand hatchers in which only eggs fromflocks qualified under paragraph(c)(1)(i) of this section are set.

(3) U.S. M. Gallisepticum Cleanchicks shall be boxed in clean boxesand delivered in trucks that have beencleaned and disinfected as described in§ 147.24(a) of this chapter.

(d) U.S. S. enteritidis Monitored. Thisprogram is intended to be the basisfrom which the breeding-hatching in-dustry may conduct a program for theprevention and control of Salmonel-losis. It is intended to reduce the inci-dence of Salmonella organisms inhatching eggs and chicks through aneffective and practical sanitation pro-gram at the breeder farm and in thehatchery. This will afford other seg-ments of the poultry industry an op-portunity to reduce the incidence ofSalmonella in their products.

(1) A flock and the hatching eggs andchicks produced from it which havemet the following requirements as de-termined by the Official State Agency:

(i) The flock originated from a U.S. S.enteritidis Monitored flock, or meco-nium from the chick boxes and a sam-ple of chicks that died within 7 daysafter hatching are examined bacterio-logically for salmonella at an author-ized laboratory. Cultures from positivesamples shall be serotyped.

(ii) All feed fed to the flock shallmeet the following requirements:

(A) Pelletized feed shall contain ei-ther no animal protein or only animalprotein products produced under theAnimal Protein Products Industry(APPI) Salmonella Education/ReductionProgram. The protein products musthave a minimum moisture content of14.5 percent and must have been heatedthroughout to a minimum temperatureof 190 ° F., or above, or to a minimumtemperature of 165 ° F. for at least 20minutes, or to a minimum temperatureof 184 ° F. under 70 lbs. pressure duringthe manufacturing process.

(B) Mash feed shall contain either noanimal protein or only animal proteinproducts supplement manufactured inpellet form and crumbled.

(iii) Feed shall be stored and trans-ported in such a manner as to preventpossible contamination;

(iv) The flock is maintained in com-pliance with §§ 147.21, 147.24(a), and147.26 of this chapter;

(v) Environmental samples shall becollected from the flock by an Author-ized Agent, as described in § 147.12 ofthis chapter, when the flock is 2 to 4weeks of age. The samples shall be ex-amined bacteriologically for group Dsalmonella at an authorized labora-tory. Cultures from positive samplesshall be serotyped. The authorizedagent shall also collect samples every30 days after the first sample has beencollected.

(vi) A federally licensed Salmonellaenteritidis bacterin may be used in mul-tiplier breeding flocks that are nega-tive for Salmonella enteritidis upon bac-teriological examination as describedin paragraph (d)(1)(v) of this section:Provided, that a sample of 350 birds,which will be banded for identification,shall remain unvaccinated until theflock reaches at least 4 months of age.Following negative serological andbacteriological examinations as de-scribed in paragraph (d)(1)(vii) of thissection, the banded, non-vaccinatedbirds shall be vaccinated.

(vii) Blood samples from 300 non-vac-cinated birds as described in paragraph(d)(1)(vi) of this section shall be testedwith either pullorum antigen or by afederally licensed Salmonellaenteritidis enzyme-linkedimmunosorbent assay (ELISA) testwhen the flock is more than 4 months


722

9 CFR Ch. I (1–1–00 Edition)§ 145.23

of age. All birds with positive or incon-clusive reactions, up to a maximum of25 birds, shall be submitted to an au-thorized laboratory and examined forthe presence of group D salmonella, asdescribed in § 147.11 of this chapter.Cultures from positive samples shall beserotyped.

(viii) Hatching eggs are collected asquickly as possible and are handled asdescribed in § 147.22 of this chapter andare sanitized or fumigated (see § 147.25of this chapter).

(ix) Hatching eggs produced by theflock are incubated in a hatchery thatis in compliance with the recommenda-tions in §§ 147.23 and 147.24(b) of thischapter, and sanitized either by a pro-cedure approved by the Official StateAgency or fumigated (see § 147.25 of thischapter).

(2) A flock shall not be eligible forthis classification if Salmonellaenteritidis ser enteritidis (SE) is isolatedfrom a specimen taken from a bird inthe flock. Isolation of SE from an envi-ronmental or other specimen, as de-scribed in paragraph (d)(1)(v) of thissection, will require bacteriological ex-amination for SE in an authorized lab-oratory, as described in § 147.11(a) ofthis chapter, of a random sample of 60live birds from a flock of 5,000 birds ormore, or 30 live birds from a flock withfewer than 5,000 birds. If only one speci-men is found positive for SE, the par-ticipant may request bacteriologicalexamination of a second sample, equalin size to the first sample, from theflock. If no SE is recovered from any ofthe specimens in the second sample,the flock will be eligible for the classi-fication.

(3) A non-vaccinated flock shall be el-igible for this classification if Sal-monella enteritidis (S. enteritidis serEnteritidis) is isolated from an envi-ronmental sample collected from theflock in accordance with paragraph(d)(1)(v) of this section: Provided, Thattesting is conducted in accordance withparagraph (d)(1)(vii) of this sectioneach 30 days and no positive samplesare found.

(4) In order for a hatchery to sellproducts of this classification, all prod-ucts handled shall meet the require-ments of the classification.

(5) This classification may be re-voked by the Official State Agency ifthe participant fails to follow rec-ommended corrective measures.

(e) U.S.M. Synoviae Clean. (1) A flockmaintained in compliance with theprovisions of § 147.26 of this chapter andin which freedom from M. synoviae hasbeen demonstrated under the criteriaspecified in paragraph (e)(1)(i) or (ii) ofthis section.

(i) It is a flock in which a minimumof 300 birds has been tested for M.synoviae as provided in § 145.14(b) whenmore than 4 months of age: Provided,That to retain this classification, asample of at least 150 birds shall betested at intervals of not more than 90days: And provided further, That a sam-ple comprised of less than 150 birdsmay be tested at any one time if allpens are equally represented and atotal of 150 birds is tested within each90-day period; or

(ii) It is a multiplier breeding flockwhich originated as U.S. M. SynoviaeClean chicks from primary breedingflocks and from which a sample com-prised of a minimum of 150 birds hasbeen tested for M. synoviae as providedin § 145.14(b) when more than 4 monthsof age: Provided, That to retain thisclassification, the flock shall be sub-jected to one of the following proce-dures:

(A) At intervals of not more than 90days, 75 birds from the flock shall betested: Provided, That fewer than 75birds from the flock may be tested atany one time if all pens are equallyrepresented and a total of at least 75birds from the flock is tested withineach 90-day period; or

(B) At intervals of not more than 30days, egg yolk testing shall be con-ducted in accordance with § 147.8 of thischapter.

(2) A participant handling U.S. M.Synoviae Clean products shall keepthese products separate from otherproducts in a manner satisfactory tothe Official State Agency: Provided,That U.S. M. Synoviae Clean chicksfrom primary breeding flocks shall beproduced in incubators and hatchers inwhich only eggs from flocks qualifiedunder paragraph (e)(1)(i) or (ii) of thissection are set.


723


(3) U.S. M. Synoviae Clean chicksshall be boxed in clean boxes and deliv-ered in trucks that have been cleanedand disinfected as described in§ 147.24(a) of this chapter.

(f) U.S. M. Gallisepticum Clean StartedPoultry. (1) A flock which originatedfrom U.S. M. Gallisepticum Cleanbreeding flocks and was hatched in ahatchery approved by the Official StateAgency for the production of U.S. M.Gallisepticum Clean chicks.

(2) All other poultry on the premisesof the candidate flock must originatefrom U.S. M. Gallisepticum Cleansources.

(3) The flock is maintained in compli-ance with the provisions of § 147.26 ofthis chapter.

(4) The flock’s freedom from M.Gallisepticum is demonstrated by a neg-ative blood test, as provided in§ 145.14(b), of a sample of 75 birds, witha minimum of 50 birds per poultryhouse, between 15–20 days prior to theflock being moved to laying quarters.

(5) Started poultry shall be deliveredto and from the farm premises incrates and vehicles which have beencleaned and disinfected as described in§ 147.24(a) of this chapter.

(g) U.S. M. Synoviae Clean StartedPoultry. (1) A flock which originatedfrom U.S. M. Synoviae Clean breedingflocks and was hatched in a hatcheryapproved by the Official State Agencyfor production of U.S. M. SynoviaeClean chicks.

(2) All other poultry on the premisesof the candidate flock must originatefrom U.S. M. Synoviae Clean sources.


(4) The flocks’s freedom from M.synoviae is demonstrated by a negativeblood test, as provided in § 145.14(b), ofa sample of 75 birds, with a minimumof 50 birds per poultry house, between15–20 days prior to the flock beingmoved to laying quarters.

(5) Started poultry shall be deliveredto and from the farm premises incrates and vehicles which have been

cleaned and disinfected as described in§ 147.24(a) of this chapter.


[36 FR 23112, Dec. 3, 1971, as amended at 38FR 13707, May 24, 1973; 40 FR 1501, Jan. 8,1975; 41 FR 48723, Nov. 5, 1976. Redesignatedat 44 FR 61586, Oct. 26, 1979, and amended at45 FR 10315, Feb. 15, 1980; 47 FR 21992, May 20,1982; 48 FR 57473, Dec. 30, 1983; 49 FR 19802,May 10, 1984; 50 FR 19899, May 13, 1985; 54 FR23956, June 5, 1989; 57 FR 57341, Dec. 4, 1992; 59FR 12798, Mar. 18, 1994; 61 FR 11520, Mar. 21,1996; 62 FR 44068, Aug. 19, 1997; 63 FR 3, Jan.2, 1998]

§ 145.24 Terminology and classifica-tion; States.

(a) U.S. Pullorum-Typhoid Clean State.(1) A State will be declared a U.S. Pul-lorum-Typhoid Clean State when it hasbeen determined by the Service that:

(i) The State is in compliance withthe provisions contained in§ 145.23(b)(3)(i) through (vii),§ 145.33(b)(3)(i) through (vii),§ 145.43(b)(3)(i) through (vi), and§ 145.53(b)(3)(i) through (vii).

(ii) No pullorum disease or fowl ty-phoid is known to exist nor to have ex-isted in hatchery supply flocks withinthe State during the preceding 12months: Provided, That pullorum dis-ease or fowl typhoid found within thepreceding 24 months in waterfowl, exhi-bition poultry, and game bird breedingflocks will not prevent a State, whichis otherwise eligible, from qualifying.

(2) Discontinuation of any of the con-ditions described in paragraph (a)(1)(i)of this section, or repeated outbreaksof pullorum or typhoid occur in hatch-ery supply flocks described in para-graph (a)(1)(ii) of this section, or if aninfection spreads from the originatingpremises, the Service shall havegrounds to revoke its determinationthat the State is entitled to this classi-fication. Such action shall not betaken until a thorough investigationhas been made by the Service and theOfficial State Agency has been givenan opportunity for a hearing.

[40 FR 1502, Jan. 8, 1975. Redesignated at 44FR 61586, Oct. 26, 1979, and amended at 54 FR23957, June 5, 1989]


724

9 CFR Ch. I (1–1–00 Edition)§ 145.31

Subpart C—Special Provisions forMeat Type Chicken BreedingFlocks and Products

§ 145.31 Definitions.Except where the context otherwise

requires, for the purposes of this sub-part the following terms shall be con-strued, respectively, to mean:

Chicks. Newly hatched chickenswhich have not been fed or watered.

Meat type chicken breeding flocks.Flocks that are composed of stock thathas been developed for meat productionand are maintained for the principalpurpose of producing chicks for the ul-timate production of meat.

Started chickens. Young chickens(chicks, pullets, cockerels, capons)which have been fed and watered andare less than 6 months of age.

[36 FR 23112, Dec. 3, 1971, as amended at 41FR 48724, Nov. 5, 1976. Redesignated at 44 FR61586, Oct. 26, 1979, and amended at 59 FR12799, Mar. 18, 1994]

§ 145.32 Participation.Participating flocks of meat type

chickens, and the eggs and chicks pro-duced from them, shall comply withthe applicable general provisions ofsubpart A of this part and the specialprovisions of this subpart C.

(a) The minimum weight of hatchingeggs sold shall be 110⁄12 ounces each, ex-cept as otherwise specified by the pur-chaser of the eggs.

(b) Started chickens shall lose theiridentity under Plan terminology whennot maintained by Plan participantsunder the conditions prescribed in§ 145.5(a).

(c) Hatching eggs produced by pri-mary breeding flocks shall be fumi-gated (see § 147.25 of this chapter) orotherwise sanitized.

[36 FR 23112, Dec. 3, 1971, as amended at 40FR 1502, Jan. 8, 1975; 41 FR 48724, Nov. 5, 1976.Redesignated at 44 FR 61586, Oct. 26, 1979, andamended at 49 FR 19802, May 10, 1984; 57 FR57341, Dec. 4, 1992]


Participating flocks, and the eggsand chicks produced from them, whichhave met the respective requirementsspecified in this section may be des-

ignated by the following terms and thecorresponding designs illustrated in§ 145.10:


flock in which freedom from pullorumand typhoid has been demonstrated tothe official State agency under the cri-teria in one of paragraphs (b)(1)through (5) of this section: Provided,That a flock qualifying by means of ablood test shall be tested within thepast 12 months, except that the re-testing of a participating flock whichis retained for more than 12 monthsshall be conducted a minimum of 4weeks after the induction of molt. (See§ 145.14 relating to the official bloodtest where applicable.)



(i) The flock is located in a Statewhere all persons performing poultrydisease diagnostic services within theState are required to report to the Offi-cial State Agency within 48 hours thesource of all poultry specimens fromwhich S. pullorum or S. gallinarum isisolated;


(iii) The flock is located on a prem-ises where either no poultry or a flocknot classified as U.S. Pullorum-Ty-phoid Clean were located the previousyear; Provided, That an AuthorizedAgent must blood test up to 300 birdsper flock, as described in § 145.14, if theOfficial State Agency determines thatthe flock has been exposed to pul-lorum-typhoid. In making determina-tions of exposure and setting the num-ber of birds to be blood tested, the Offi-cial State Agency shall evaluate theresults of any blood tests, described in§ 145.14(a)(1), that were performed on an


725


unclassified flock located on the prem-ises during the previous year; the ori-gins of the unclassified flock; and theprobability of contacts between theflock for which qualification is beingsought and (a) infected wild birds, (b)contaminated feed or waste, or (c)birds, equipment, supplies, or personnelfrom flocks infected with pullorum-ty-phoid.

(3) It is a multiplier breeding flockthat originated from U.S. Pullorum-Typhoid Clean breeding flocks or fromflocks that met equivalent require-ments under official supervision, and islocated in a State in which it has beendetermined by the Service that:

(i) All hatcheries, except turkeyhatcheries, within the State are quali-fied as ‘‘National Plan Hatcheries’’ orhave met equivalent requirements forpullorum-typhoid control under officialsupervision;

(ii) All hatchery supply flocks, ex-cept turkey flocks, within the State,are qualified as U.S. Pullorum-TyphoidClean or have met equivalent require-ments for pullorum-typhoid controlunder official supervision: Provided,That if other domesticated fowl, exceptwaterfowl, are maintained on the samepremises as the participating flock,freedom from pullorum-typhoid infec-tion shall be demonstrated by an offi-cial blood test of each of these fowl;




(vi) All flocks found to be infectedwith pullorum or typhoid are quar-antined until marketed or destroyedunder the supervision of the OfficialState Agency, or until subsequentlyblood tested following the procedurefor reacting flocks as contained in§ 145.14(a)(5), and all birds fail to dem-onstrate pullorum or typhoid infection;



(4) It is a multiplier breeding flocklocated in a State which has been de-termined by the Service to be in com-pliance with the provisions of para-graph (b)(3) of this section, and inwhich pullorum disease or fowl typhoidis not known to exist nor to have ex-isted in hatchery supply flocks, otherthan turkey, waterfowl, exhibitionpoultry, and game bird supply flocks,within the State during the preceding12 months.

(5) It is a primary breeding flock lo-cated in a State determined to be incompliance with the provisions of para-graph (b)(4) of this section, and inwhich a sample of 300 birds from flocksof more than 300, and each bird inflocks of 300 or less, has been officiallytested for pullorum-typhoid with no re-actors: Provided, That a bacteriologicalexamination monitoring program ac-ceptable to the Official State Agencyand approved by the Service may beused in lieu of blood testing.


726

9 CFR Ch. I (1–1–00 Edition)§ 145.33

(c) U.S. M. Gallisepticum Clean. (1) Aflock maintained in compliance withthe provisions of § 147.26 of this chapterand in which freedom from M.gallisepticum has been demonstratedunder the criteria specified in para-graph (c)(1)(i) or (ii) of this section.

(i) It is a flock in which all birds ora sample of at least 300 birds has beentested for M. gallisepticum as providedin § 145.14(b) when more than 4 monthsof age: Provided, That to retain thisclassification, a minimum of 150 birdsshall be tested at intervals of not morethan 90 days: And provided further, Thata sample comprised of less than 150birds may be tested at any one time, ifall pens are equally represented and atotal 150 birds is tested within each 90-day period; or

(ii) It is a multiplier breeding flockwhich originated as U.S. M.Gallisepticum Clean chicks from pri-mary breeding flocks and from which asample comprised of a minimum of 150birds per flock has been tested for M.gallisepticum as provided in §145.14(b)when more than 4 months of age: Pro-vided, That to retain this classifica-tion, the flock shall be subjected to oneof the following procedures:

(A) At intervals of not more than 90days, 75 birds from the flock shall betested, Provided, That fewer than 75birds from the flock may be tested atany one time if all pens are equallyrepresented and a total of at least 75birds from the flock is tested withineach 90-day period; or

(B) At intervals of not more than 30days, a sample of 25 cull chicks pro-duced from the flock shall be subjectedto laboratory procedures acceptable tothe Official State Agency and approvedby the Service, for the detection andrecovery of M. gallisepticum; or

(C) At intervals of not more than 30days, egg yolk testing shall be con-ducted in accordance with § 147.8 of thischapter.

(2) A participant handling U.S. M.Gallisepticum Clean products shallkeep these products separate fromother products in a manner satisfac-tory to the Official State Agency: Pro-vided, That U.S. M. GallisepticumClean chicks from primary breedingflocks shall be produced in incubatorsand hatchers in which only eggs from

flocks qualified under paragraph(c)(1)(i) of this section are set.

(3) U.S. M. Gallisepticum Cleanchicks shall be boxed in clean boxesand delivered in trucks that have beencleaned and disinfected as described in§ 147.24(a) of this chapter.

(4) Before male breeding birds may beadded to a participating multiplierbreeding flock, a sample of at least 3percent of the birds to be added, with aminimum of 10 birds per pen, shall betested for M. gallisepticum as providedin § 145.14(b) or by a polymerase chainreaction (PCR)-based procedure ap-proved by the Department. The malebirds shall be tested no more than 14days prior to their intended introduc-tion into the flock. If the serologictesting of the birds yieldshemagglutination inhibition titers of1:40 or higher, or if the PCR testing ispositive for M. gallisepticum, the malebirds may not be added to the flock andmust be either retested or destroyed.

(d) U.S. Sanitation Monitored. Thisprogram is intended to be the basisfrom which the breeding-hatching in-dustry may conduct a program for theprevention and control of Salmonel-losis. It is intended to reduce the inci-dence of Salmonella organisms inhatching eggs and chicks through aneffective and practical sanitation pro-gram at the breeder farm and in thehatchery. This will afford other seg-ments of the poultry industry an op-portunity to reduce the incidence ofSalmonella in their products.

(1) A flock and the hatching eggs andchicks produced from it which havemet the following requirements as de-termined by the Official State Agency:

(i) The flock shall originate from asource where sanitation and manage-ment practices, as outlined in§ 145.33(d)(1) of this paragraph, are con-ducted;

(ii) The flock is maintained in com-pliance with §§ 147.21, 147.24(a), and147.26 of this chapter;

(iii) If pelletized feed contains animalprotein, the protein products shall bepurchased from participants in theAnimal Protein Products Industry(APPI) Salmonella Education/ReductionProgram or the Fishmeal InspectionProgram of the National Marine Fish-eries Service. The protein products


727


4 Preparation and use of this type of vac-cine may be regulated by State statutes.

must have a minimum moisture con-tent of 14.5 percent and must have beenheated throughout to a minimum tem-perature of 190 ° F. or above, or to aminimum temperature of 165 ° F. for atleast 20 minutes, or to a minimum tem-perature of 184 ° F. under 70 lbs. pres-sure during the manufacturing process;

(iv) If mash feed contains animal pro-tein, the protein products shall be pur-chased from participants in the AnimalProtein Products Industry (APPI) Sal-monella Education/Reduction Programor the Fishmeal Inspection Program ofthe National Marine Fisheries Service;

(v) Feed shall be stored and trans-ported in such a manner as to preventpossible contamination;

(vi) Chicks shall be hatched in ahatchery meeting the requirements of§§ 147.23 and 147.24(b) of this chapter andsanitized or fumigated (see § 147.25 ofthis chapter);

(vii) An Authorized Agent shall takeenvironmental samples, as described in§ 147.12 of this chapter, from each flockat 4 months of age and every 90 daysthereafter. An authorized laboratoryfor Salmonella shall examine the envi-ronmental samples bacteriologically;

(viii) Owners of flocks found infectedwith a paratyphoid Salmonella may vac-cinate these flocks with an autogenousbacterin with a potentiating agent.4

(2) The Official State Agency mayuse the procedures described in § 147.14of this chapter to monitor the effec-tiveness of the sanitation practices.



(e) U.S. M. Synoviae Clean. (1) A flockmaintained in compliance with theprovisions of § 147.26 of this chapter andin which freedom from M. synoviae hasbeen demonstrated under the criteriaspecified in paragraph (e)(1)(i) or (ii) ofthis section.

(i) It is a flock in which a minimumof 300 birds has been tested for M.synoviae as provided in § 145.14(b) when

more than 4 months of age: Provided,That to retain this classification, asample of at least 150 birds shall betested at intervals of not more than 90days: And provided further, That a sam-ple comprised of less than 150 birdsmay be tested at any one time if allpens are equally represented and atotal of 150 birds is tested within each90-day period; or

(ii) It is a multiplier breeding flockwhich originated as U.S. M. SynoviaeClean chicks from primary breedingflocks and from which a sample com-prised of a minimum of 150 birds hasbeen tested for M. synoviae as providedin § 145.14(b) when more than 4 monthsof age: Provided, That to retain thisclassification, the flock shall be sub-jected to one of the following proce-dures:

(A) At intervals of not more than 90days, 75 birds from the flock shall betested: Provided, That fewer than 75birds from the flock may be tested atany one time if all pens are equallyrepresented and a total of at least 75birds from the flock is tested withineach 90-day period; or


(2) A participant handling U.S. M.Synoviae Clean products shall keepthese products separate from otherproducts in a manner satisfactory tothe official State Agency: Provided,That U.S. M. Synoviae Clean chicksfrom primary breeding flocks shall beproduced in incubators and hatchers inwhich only eggs from flocks qualifiedunder paragraph (e)(1)(i) or (ii) of thissection are set.


(4) Before male breeding birds may beadded to a participating multiplierbreeding flock, a sample of at least 3percent of the birds to be added, with aminimum of 10 birds per pen, shall betested for M. synoviae as provided in§ 145.14(b) or by a polymerase chain re-action (PCR)-based procedure approvedby the Department. The male birdsshall be tested no more than 14 days


728

9 CFR Ch. I (1–1–00 Edition)§ 145.33

prior to their intended introductioninto the flock. If the serologic testingof the birds yields hemagglutinationinhibition titers of 1:40 or higher, or ifthe PCR testing is positive for M.synoviae, the male birds may not beadded to the flock and must be eitherretested or destroyed.

(f) U.S. M. Gallisepticum Clean StartedPoultry. (1) A flock which originatedfrom U.S. M. Gallisepticum Cleanbreeding flocks and was hatched in ahatchery approved by the Official StateAgency for the production of U.S. M.Gallisepticum Clean chicks.

(2) All other poultry on the premisesof the candidate flock must originatefrom U.S. M. Gallisepticum Cleansources.


(4) The flock’s freedom from M.gallisepticum is demonstrated by a neg-ative blood test, as provided in§ 145.14(b), of a sample of 75 birds, witha minimum of 50 birds per poultryhouse, between 15–20 days prior to theflock being moved to laying quarters.


(g) U.S. M. Synoviae Clean StartedPoultry. (1) A flock which originatedfrom U.S. M. Synoviae Clean breedingflocks and was hatched in a hatcheryapproved by the Official State Agencyfor the production of U.S. M. SynoviaeClean chicks.

(2) All other poultry on the premisesof the candidate flock must originatefrom U.S. M. Synoviae Clean sources.


(4) The flock’s freedom from M.synoviae is demonstrated by a negativeblood test, as provided in § 145.14(b), ofa sample of 75 birds, with a minimumof 50 birds per poultry house, between15–20 days prior to the flock beingmoved to laying quarters.


(h) U.S. S. Enteritidis Clean. This clas-sification is intended for primarymeat-type breeders wishing to assuretheir customers that the chicks pro-duced are certified free of Salmonellaenteritidis.

(1) A flock and the hatching eggs andchicks produced from it shall be eligi-ble for this classification if they meetthe following requirements, as deter-mined by the Official State Agency:

(i) The flock originated from a U.S.S. Enteritidis Clean flock, or meco-nium from the chicks and a sample ofchicks that died within 7 days afterhatching have been examined bacterio-logically for S. enteritidis at an author-ized laboratory and any group D sal-monella samples have been serotyped.

(ii) All feed fed to the flock meets thefollowing requirements:

(A) Pelletized feed contains either noanimal protein or only animal proteinproducts produced under the AnimalProtein Products Industry (APPI) Sal-monella Education/Reduction Programor the Fishmeal Inspection Program ofthe National Marine Fisheries Service.The protein products must have a min-imum moisture content of 14.5 percentand must have been heated throughoutto a minimum temperature of 190 °F, orto a minimum temperature of 165 °F forat least 20 minutes, or to a minimumtemperature of 184 °F under 70 lbs.pressure during the manufacturingprocess;

(B) Mash feed contains either no ani-mal protein or only animal proteinproduct supplements manufactured inpellet form and crumbled; and

(C) All feed is stored and transportedin such a manner as to prevent possiblecontamination.

(iii) The flock is maintained in com-pliance with §§ 147.21, 147.24(a), and147.26 of this chapter.

(iv) Environmental samples, as de-scribed in § 147.12 of this chapter, arecollected from the flock by an Author-ized Agent when the flock reaches 4months of age and every 30 days there-after. The environmental samples shallbe examined bacteriologically forgroup D salmonella at an authorizedlaboratory, and cultures from group Dpositive samples shall be serotyped.


729


(v) Blood samples from 300 birds fromthe flock are officially tested with pul-lorum antigen when the flock is atleast 4 months of age. All birds withpositive or inconclusive reactions, upto a maximum of 25 birds, shall be sub-mitted to an authorized laboratory andexamined for the presence of group Dsalmonella in accordance with §§ 147.10and 147.11 of this chapter. Culturesfrom group D positive samples shall beserotyped.

(vi) Hatching eggs produced by theflock are collected as quickly as pos-sible, are handled as described in§ 147.22 of this chapter, and are sani-tized or fumigated.

(vii) Hatching eggs produced by theflock are incubated in a hatchery thatis in compliance with the recommenda-tions in §§ 147.23 and 147.24(b) of thischapter, and the hatchery must havebeen sanitized either by a procedureapproved by the Official State Agencyor by fumigation.

(2) If Salmonella enteritidis serotypeEnteritidis (SE) is isolated from a spec-imen taken from a bird in the flock,except as provided in paragraph (h)(3)of this section, the flock shall not beeligible for this classification.

(3) If SE is isolated from an environ-mental sample collected from the flockin accordance with in paragraph(h)(1)(iv) of this section, 25 randomlyselected live birds from the flock mustbe bacteriologically examined for SEas described in § 147.11 of this chapter.If only one bird from the 25-bird sampleis found positive for SE, the partici-pant may request bacteriological ex-amination of a second 25-bird samplefrom the flock. If no SE is recoveredfrom any of the specimens in the sec-ond sample, the flock will be eligiblefor the classification and will remaineligible for this classification if theflock is tested in accordance with para-graph (h)(1)(v) of this section each 30days and no positive samples are found.

(4) In order for a hatchery to sellproducts of this classification, all prod-ucts handled by the hatchery mustmeet the requirements of this para-graph.

(5) This classification may be re-voked by the Official State Agency ifthe participant fails to follow rec-ommended corrective measures. The

Official State Agency shall not revokethe participant’s classification untilthe participant has been given an op-portunity for a hearing in accordancewith rules of practice adopted by theOfficial State Agency.

(i) U.S. Salmonella Monitored. Thisprogram is intended to be the basisfrom which the breeding-hatching in-dustry may conduct a program for theprevention and control of Salmonel-losis. It is intended to reduce the inci-dence of Salmonella organisms inhatching eggs and chicks through aneffective and practical sanitation pro-gram at the breeder farm and in thehatchery. This will afford other seg-ments of the poultry industry an op-portunity to reduce the incidence ofSalmonella in their products.

(1) A flock and the hatching eggs andchicks produced from it that have metthe following requirements, as deter-mined by the Official State Agency:

(i) The flock shall originate from asource where sanitation and manage-ment practices, as outlined in§ 145.33(d)(1), are conducted;

(ii) The flock is maintained in com-pliance with §§ 147.21, 147.24(a), and147.26 of this chapter;

(iii) If feed contains animal protein,the protein products should be pur-chased from participants in the AnimalProtein Products Industry (APPI) Sal-monella Education/Reduction Program.The protein products must have a min-imum moisture content of 14.5 percentand must have been heated throughoutto a minimum temperature of 190 °F orabove, or to a minimum temperature of165 °F for at least 20 minutes, or to aminimum temperature of 184 °F under70 lbs. pressure during the manufac-turing process;

(iv) Feed shall be stored and trans-ported in a manner to prevent possiblecontamination;

(v) Chicks shall be hatched in ahatchery meeting the requirements of§§ 147.23 and 147.24(b) of this chapter andsanitized or fumigated (see § 147.25 ofthis chapter).

(vi) An Authorized Agent shall takeenvironmental samples from the hatch-ery every 30 days; i.e., meconium andchick papers. An authorized laboratoryfor Salmonella shall examine the sam-ples bacteriologically;


730

9 CFR Ch. I (1–1–00 Edition)§ 145.33

(vii) An Authorized Agent shall takeenvironmental samples as described in§ 147.12 of this chapter from each flockat 4 months of age and every 30 daysthereafter. An authorized laboratoryfor Salmonella shall examine the envi-ronmental samples bacteriologically;

(viii) Owners of flocks may vaccinatewith a paratyphoid vaccine: Provided,That a sample of 350 birds, which willbe banded for identification, shall re-main unvaccinated until the flockreaches at least 4 months of age.

(2) The Official State Agency mayuse the procedures described in § 147.14of this chapter to monitor the effec-tiveness of the egg sanitation prac-tices.



(j) U.S. M. Gallisepticum Monitored. (1)A multiplier breeding flock in whichall birds or a sample of at least 20 birdsper house has been tested for M.gallisepticum as provided in § 145.14(b)when more than 4 months of age: Pro-vided, That to retain this classifica-tion, a minimum of 20 birds per houseshall be tested again at 36 to 38 weeksand at 48 to 50 weeks at a minimum:And provided further, That each 20-birdsample should come from two locationswithin the house (10 from the front halfof the house and 10 from the back halfof the house). A representative sampleof males and females should be sam-pled. The samples shall be marked‘‘male’’ or ‘‘female.’’

(2) A participant handling U.S. M.Gallisepticum Monitored productsshall keep these products separatefrom other products in a manner satis-factory to the Official State Agency:Provided, That U.S. M. GallisepticumMonitored chicks from multiplierbreeding flocks shall be produced in in-cubators and hatchers in which onlyeggs from flocks qualified under para-

graph (j)(1) of this section are set. Eggsfrom U.S. M. Gallisepticum Monitoredmultiplier breeding flocks shall not beset in hatchers or incubators in whicheggs from U.S. M. Gallisepticum Cleanprimary breeding flocks qualifiedunder paragraph (c)(1)(i) of this sectionare set.

(3) U.S. M. Gallisepticum Monitoredchicks shall be boxed in clean boxesand delivered in trucks that have beencleaned and disinfected as described in§ 147.24(a) of this chapter.

(k) U.S. M. Synoviae Monitored. (1) Amultiplier breeding flock in which allbirds or a sample of at least 20 birdsper house has been tested for M.synoviae as provided in § 145.14(b) whenmore than 4 months of age: Provided,That to retain this classification, aminimum of 20 birds per house shall betested again at 36 to 38 weeks and at 48to 50 weeks at a minimum: And pro-vided further, That each 20-bird sampleshould come from two locations withinthe house (10 from the front half of thehouse and 10 from the back half of thehouse). A representative sample ofmales and females should be sampled.The samples shall be marked ‘‘male’’ or‘‘female.’’

(2) A participant handling U.S. M.Synoviae Monitored products shallkeep these products separate fromother products in a manner satisfac-tory to the Official State Agency: Pro-vided, That U.S. M. Synoviae Mon-itored chicks from multiplier breedingflocks shall be produced in incubatorsand hatchers in which only eggs fromflocks qualified under paragraph (k)(1)of this section are set. Eggs from U.S.M. Synoviae Monitored multiplierbreeding flocks shall not be set inhatchers or incubators in which eggsfrom U.S. M. Synoviae Clean primarybreeding flocks qualified under para-graph (e)(1)(i) of this section are set.

(3) U.S. M. Synoviae Monitoredchicks shall be boxed in clean boxesand delivered in trucks that have been


731


cleaned and disinfected as described in§ 147.24(a) of this chapter.


[36 FR 23112, Dec. 3, 1971, as amended at 38FR 13707, May 24, 1973; 40 FR 1502, Jan. 8,1975; 41 FR 48724, Nov. 5, 1976. Redesignatedat 44 FR 61586, Oct. 26, 1979, and amended at45 FR 10316, Feb. 15, 1980; 47 FR 21992, May 20,1982; 48 FR 57473, Dec. 30, 1983; 49 FR 19802,May 10, 1984; 50 FR 19899, May 13, 1985; 54 FR23956, June 5, 1989; 57 FR 57341, Dec. 4, 1992; 59FR 12799, Mar. 18, 1994; 61 FR 11520, Mar. 21,1996; 62 FR 44068, Aug. 19, 1997; 62 FR 45289,Aug. 26, 1997; 63 FR 3, Jan. 2, 1997]


(a) U.S. Pullorum-Typhoid-Clean State.(1) A State will be declared a U.S. Pul-lorum-Typhoid Clean State when it hasbeen determined by the Service that:


(ii) No pullorum disease or fowl ty-phoid is known to exist nor to have ex-isted in hatchery supply flocks withinthe State during the preceding 12months: Provided, That pullorum dis-ease or fowl typhoid found within thepreceding 24 months in waterfowl, exhi-bition poultry, and game bird breedingflocks will not prevent a State, whichis otherwise eligible from qualifying.


(b) U.S. M. Gallisepticum Clean State,Meat-Type Chickens. (1) A State will bedeclared a U.S. M. Gallisepticum CleanState, Meat-Type Chickens, when ithas been determined by the Servicethat:

(i) No M. gallisepticum is known toexist nor to have existed in meat-typechicken breeding flocks in productionwithin the State during the preceding12 months;

(ii) All meat-type chicken breedingflocks in production are classified asU.S. M. Gallisepticum Clean or havemet equivalent requirements for M.gallisepticum control under official su-pervision;

(iii) All hatcheries within the Statewhich handle products from meat-typechicken breeding flocks only handleproducts which are classified as U.S. M.Gallisepticum Clean or have met equiv-alent requirements for M. gallisepticumcontrol under official supervision;

(iv) All shipments of products frommeat-type chicken breeding flocksother than those classified as U.S. M.Gallisepticum Clean, or equivalent,into the State are prohibited;

(v) All persons performing poultrydisease diagnostic services within theState are required to report to the Offi-cial State Agency within 48 hours thesource of all specimens from chickensfrom meat-type chicken breedingflocks that have been identified asbeing infected with M. gallisepticum;

(vi) All reports of M. gallisepticum in-fection in chickens from meat-typechicken breeding flocks are promptlyfollowed by an investigation by the Of-ficial State Agency to determine theorigin of the infection;

(vii) All chickens from meat-typechicken breeding flocks found to be in-fected with M. gallisepticum are quar-antined until marketed under super-vision of the Official State Agency.

(2) Discontinuation of any of the con-ditions described in paragraph (b)(1) ofthis section, or if repeated outbreaks ofM. gallisepticum occur in meat-typechicken breeding flocks described inparagraph (b)(1)(ii) of this section, or ifan infection spreads from the origi-nating premises, the Service shall havegrounds to revoke its determinationthat the State is entitled to this classi-fication. Such action shall not betaken until a thorough investigationhas been made by the Service and the


732

9 CFR Ch. I (1–1–00 Edition)§ 145.41

Official State Agency has been givenan opportunity for a hearing.

[40 FR 1503, Jan. 8, 1975. Redesignated at 44FR 61586, Oct. 26, 1979, and amended at 50 FR19899, May 13, 1985; 54 FR 23957, June 5, 1989]

Subpart D—Special Provisions forTurkey Breeding Flocks andProducts



Poults. Newly hatched turkeys whichhave not been fed or watered.

[36 FR 23112, Dec. 3, 1971, as amended at 41FR 48725, Nov. 5, 1976. Redesignated at 44 FR61586, Oct. 26, 1979, and amended at 59 FR12799, Mar. 18, 1994]

§ 145.42 Participation.(a) Participating turkey flocks, and

the eggs and poults produced fromthem, shall comply with the applicablegeneral provisions of subpart A of thispart and the special provisions of thissubpart D.

(b) The minimum weight of turkeyhatching eggs shipped interstate shallbe 2 ounces each for small varieties and21⁄2 ounces each for other varieties, un-less otherwise specified by the pur-chaser of the eggs.

(c) Hatching eggs shall be fumigated(see § 147.25 of this chapter) or other-wise sanitized.

[36 FR 23112, Dec. 3, 1971, as amended at 38FR 13707, May 24, 1973; 40 FR 1503, Jan. 8,1975. Redesignated at 44 FR 61586, Oct. 26,1979, and amended at 49 FR 19802, May 10,1984; 57 FR 57341, Dec. 4, 1992]


Participating flocks, and the eggsand poults produced from them, whichhave met the respective requirementsspecified in this section may be des-ignated by the following terms and thecorresponding designs illustrated in§ 145.10:


flock in which freedom from pullorumand typhoid has been demonstrated tothe official State agency under the cri-

teria in one of the following paragraphs(b)(1) through (5) of this section: Pro-vided, That a flock qualifying by meansof a blood test shall be tested withinthe past 12 months, except that the re-testing of a participating flock whichis retained for more than 12 monthsshall be conducted a minimum of 4weeks after the induction of molt. (See§ 145.14 relating to the official bloodtest where applicable.)





(iii) The flock is located on a prem-ises where either no poultry or a flocknot classified as U.S. Pullorum-Ty-phoid Clean were located the previousyear; Provided, That an AuthorizedAgent must blood test up to 300 birdsper flock, as described in § 145.14, if theOfficial State Agency determines thatthe flock has been exposed to pul-lorum-typhoid. In making determina-tions of exposure and setting the num-ber of birds to be blood tested, the Offi-cial State Agency shall evaluate theresults of any blood tests, described in§ 145.14(a)(1), that were performed on anunclassified flock located on the prem-ises during the previous year; the ori-gins of the unclassified flock; and theprobability of contacts between theflock for which qualification is beingsought and (a) infected wild birds, (b)contaminated feed or waste, or (c)birds, equipment, supplies, or personnel


733


from flocks infected with pullorum-ty-phoid.

(3) It is a multiplier breeding flock,or a breeding flock composed of prog-eny of a primary breeding flock whichis intended solely for the production ofmultiplier breeding flocks, that origi-nated from U.S. Pullorum-TyphoidClean breeding flocks or from flocksthat met equivalent requirementsunder official supervision, and is lo-cated in a State in which it has beendetermined by the Service that:

(i) All turkey hatcheries within theState are qualified as ‘‘National PlanHatcheries’’ or have met equivalent re-quirements for pullorum-typhoid con-trol under official supervision;

(ii) All turkey hatchery supply flockswithin the State are qualified as U.S.Pullorum-Typhoid Clean or have metequivalent requirements for pullorum-typhoid control under official super-vision: Provided, That if other domes-ticated fowl, except waterfowl, aremaintained on the same premises asthe participating flock, freedom frompullorum-typhoid infection shall bedemonstrated by an official blood testof each of these fowl;




(vi) All flocks found to be infectedwith pullorum or typhoid are quar-antined until marketed or destroyedunder the supervision of the OfficialState Agency, or until subsequentlyblood tested, following the procedure

for reacting flocks as contained in§ 145.14(a)(5), and all birds fail to dem-onstrate pullorum or typhoid infection;

(vii) [Reserved](viii) Discontinuation of any of the

conditions or procedures described inparagraphs (b)(3)(i), (ii), (iii), (iv), (v),and (vi) of this section, or the occur-rence of repeated outbreaks of pul-lorum or typhoid in turkey breedingflocks within or originating within theState shall be grounds for the Serviceto revoke its determination that suchconditions and procedures have beenmet or complied with. Such actionshall not be taken until a thorough in-vestigation has been made by the Serv-ice and the Official State Agency hasbeen given an opportunity to presentits views.

(4) It is a multiplier breeding flocklocated in a State which has been de-termined by the Service to be in com-pliance with the provisions of para-graph (b)(3) of this section and in whichpullorum disease or fowl typhoid is notknown to exist nor to have existed inturkey hatchery supply flocks withinthe State during the preceding 24months.

(5) It is a primary breeding flock lo-cated in a State determined to be incompliance with the provisions of para-graph (b)(4), of this section and inwhich a sample of 300 birds from flocksof more than 300, and each bird inflocks of 300 or less, has been officiallytested for pullorum-typhoid with no re-actors: Provided, That a bacteriologicalexamination monitoring program ac-ceptable to the Official State Agencyand approved by the Service may beused in lieu of blood testing.

(c) U.S. M. Gallisepticum Clean. (1) Aflock maintained in accordance withthe conditions and procedures de-scribed in § 147.26 of this chapter, and inwhich no reactors are found when arandom sample of at least 10 percent ofthe birds in the flock, or 300 birds inflocks of more than 300 and each bird inflocks of 300 or less, is tested whenmore than 12 weeks of age, in accord-ance with the procedures described in§ 145.14(b): Provided, That to retain thisclassification, a minimum of 30 sam-ples from male flocks and 60 samplesfrom female flocks shall be retested at


734

9 CFR Ch. I (1–1–00 Edition)§ 145.43

5 See footnote 3 to § 145.14(b)(1).

28–30 weeks of age and at 4–6 week in-tervals thereafter.

(2) A flock qualified as U.S. M.Gallisepticum Clean may retain theclassification through its first egg-lay-ing cycle, provided it is maintained inisolation and no evidence of M.gallisepticum infection is revealed. Aflock which is molted following com-pletion of an egg-laying cycle and sub-sequently brought back into produc-tion, shall be retested within 2 weeksprior to production, as described inparagraph (c)(1) of this section. A Stateinspector shall visit with the owner ormanager of each flock at least onceduring each laying cycle to discuss andascertain whether the applicable condi-tions outlined in § 147.26 of this chapterare being met. If a flock proves to beinfected with M. gallisepticum, it shalllose this classification.

(3) In order to sell hatching eggs orpoults of this classification, all hatch-ing eggs and poults handled by the par-ticipant must be of this classification.

(d) U.S. M. Meleagridis Clean. (1) Aflock in which freedom from M.meleagridis has been demonstratedunder the following criteria:

(i) A sample of 100 birds from eachflock has been tested for M. meleagridiswhen more than 12 weeks of age: Pro-vided, That to retain this classifica-tion, a minimum of 30 samples frommale flocks and 60 samples from femaleflocks shall be retested at 28–30 weeksof age and at 4–6 week intervals there-after.

(2) The official blood tests for M.meleagridis shall be the serum plate ag-glutination test, the tube agglutina-tion test, or the microagglutinationtest. The hemagglutination inhibition(HI) test, microhemagglutination inhi-bition test, serum plate dilution test,microagglutination test and the en-zyme-linked immunosorbent assay(ELISA) 5 test may be used as supple-mental tests to determine the status ofthe flock, in accordance with § 147.6(b)of this chapter.

(3) The tests shall be conducted usingM. meleagridis antigens and the proto-cols for testing approved by the De-partment or the Official State Agency.

(4) When reactors to the official testare found and can be identified, 10 tra-cheal swabs and/or vaginal or phallusswabs and their corresponding bloodsamples shall be submitted to a labora-tory for serological and cultural exam-ination. If reactors cannot be identi-fied, at least 30 tracheal swabs and/orvaginal or phallus swabs and their cor-responding blood samples shall be sub-mitted. In a flock with a low reactorrate (less than 5 reactors) the reactorsmay be submitted to the laboratorywithin 10 days for serology, necropsy,and thorough bacteriological examina-tion.

(5) If a mycoplasma is isolated, theorganism must be serotyped. If M.meleagridis is isolated, the block shallbe considered infected.

(e) U.S. M. Synoviae Clean. (1) Allbirds, or a sample of at least 100 birdsfrom flocks of more than 100 and eachbird in flocks of 100 or less, have beentested for M. synoviae when more than12 weeks of age in accordance with theprocedures in § 145.14(b): Provided, Thatto retain this classification a minimumof 30 samples from male flocks and 60samples from female flocks shall be re-tested at 28–30 weeks of age and at 4–6week intervals thereafter.

(2) When reactors to the official testare found and can be identified, tra-cheal swabs and their correspondingblood samples from 10 (all if fewer than10) reacting birds shall be submitted toan authorized laboratory for sero-logical and cultural examination. If re-actors cannot be identified, at least 30tracheal swabs and their correspondingblood samples shall be submitted. In aflock with a low reactor rate (less thanfive reactors) the reactors may be sub-mitted to the laboratory within 10 daysfor serology, necropsy, and thoroughbacteriological examination. When re-actors to the official test are found, theprocedures outlined in § 147.6 of thischapter will be used to determine thestatus of the flock.

(3) Flocks located on premises which,during 3 consecutive years, have con-tained breeding flocks qualified as U.S.M. Synoviae Clean, as described inparagraph (e)(1) above, may qualify forthis classification by a negative bloodtest of at least 100 birds from flocks ofmore than 100 and each bird in flocks of


735


6 Preparation and use of this type of vac-cine may be regulated by state statutes.

100 or less, when more than 12 weeks ofage, and by testing a minimum of 30samples from male flocks and 60 sam-ples from female flocks at 28–30 weeksof age and at 45 weeks of age.

(f) U.S. Sanitation Monitored, Turkeys.A flock or hatchery whose owner iscontrolling or reducing the level of sal-monella through compliance with sani-tation and management practices asdescribed in subpart C of part 147 ofthis chapter, and where the followingmonitoring, testing, and managementpractices are conducted:

(1) Hatchery debris (dead germ hatch-ing eggs, fluff, and meconium collectedby sexors), a sample of the poults thatdied within 10 days after hatching, orboth, from each candidate breedingflock produced by a primary breeder,are examined bacteriologically at anauthorized laboratory for Salmonella.

(2) The poults for the candidatebreeding flock are placed in a buildingthat has been cleaned, disinfected, andexamined bacteriologically for thepresence of Salmonella by an Author-ized Agent, as described in § 147.12 ofthis chapter.

(3) Feed for turkeys in the candidatebreeding flock shall meet the followingrequirements:

(i) All feed manufactured in pelletform must contain a minimum mois-ture content of 14.5 percent and musthave been heated throughout to a min-imum temperature of 190 ° F. or above,or to a minimum temperature of 165 °F. for at least 20 minutes, or to a min-imum temperature of 184 ° F. under 70lbs. pressure during the manufacturingprocess.

(ii) Initial feed (for newborn poults to2 weeks of age) shall be manufacturedin pellet form, either with no animalprotein or with animal protein prod-ucts produced under the Animal Pro-tein Products Industry (APPI) Sal-monella Education/Reduction Programor the Fishmeal Inspection Program ofthe National Marine Fisheries Service.

(iii) Succeeding feed (for turkeys 2weeks or older) shall be as described in(f)(3)(ii) of this section, mash that con-tains no animal protein products, ormash that contains an animal proteinproducts supplement that has beenmanufactured in pellet form and crum-bled.

(4) Environmental samples shall betaken by an Authorized Agent, as de-scribed in § 147.12 of this chapter, fromeach flock at 12–20 weeks of age and ex-amined bacteriologically at an author-ized laboratory for Salmonella.

(5) Owners of flocks found infectedwith a paratyphoid Salmonella mayvaccinate these flocks with an autog-enous bacterin with a potentiatingagent. 6

(6) Environmental samples shall betaken by an Authorized Agent, as de-scribed in § 147.12 of this chapter, fromeach flock at 35–50 weeks of age andfrom each molted flock at midlay, andexamined bacteriologically at an au-thorized laboratory for Salmonella.

(7) Hatchery debris (dead germ hatch-ing eggs, fluff, and meconium collectedby sexors), a sample of the poults thatdied within 10 days after hatching, orboth shall be cultured from poults pro-duced from hatching eggs from eachflock, as a means of evaluating the ef-fectiveness of the control procedures.


[36 FR 23112, Dec. 3, 1971]

EDITORIAL NOTE: For Federal Register cita-tions affecting § 145.43, see the List of CFRSections Affected in the Finding Aids sec-tion of this volume.






736

9 CFR Ch. I (1–1–00 Edition)§ 145.44


(b) U.S. Pullorum-Typhoid Clean State,Turkeys. (1) A State will be declared aU.S. Pullorum-Typhoid Clean State,Turkeys, when it has been determinedby the Service that:

(i) The State is in compliance withthe provisions contained in§ 145.43(b)(3)(i) through (vi).

(ii) No pullorum disease or fowl ty-phoid is known to exist nor to have ex-isted in turkey hatchery supply flockswithin the State during the preceding24 months.

(2) Discontinuation of any of the con-ditions described in paragraph (b)(1)(i)of this section, or repeated outbreaksof pullorum or typhoid occur in hatch-ery supply flocks described in para-graph (b)(1)(ii) of this section, or if aninfection spreads from the originatingpremises, Service shall have grounds torevoke its determination that theState is entitled to this classification.Such action shall not be taken until athorough investigation has been madeby the Service and the Official StateAgency has been given an opportunityfor a hearing.

(c) U.S. M. Gallisepticum Clean State,Turkeys. (1) A State will be declared aU.S. M. Gallisepticum Clean State,Turkeys when it has been determinedby the Service that:

(i) No M. gallisepticum is known toexist nor to have existed in turkeybreeding flocks in production withinthe State during the preceding 12months.

(ii) All turkey breeding flocks in pro-duction are classified as U.S. M.Gallisepticum Clean or have met equiv-alent requirements for M.gallisepticum control under official su-pervision.

(iii) All turkey hatcheries within theState handle products which are classi-fied as U.S. M. Gallisepticum Clean orhave met equivalent requirements forM. gallisepticum control under officialsupervision.

(iv) All shipments of turkey productsother than those classified as U.S. M.Gallisepticum Clean, or equivalent,into the State are prohibited.

(v) All persons performing poultrydisease diagnostic services within theState are required to report to the Offi-cial State Agency within 48 hours thesource of all turkey specimens thathave been identified as being infectedwith M. gallisepticum.

(vi) All reports of M. gallisepticuminfection in turkeys are promptly fol-lowed by an investigation by the Offi-cial State Agency to determine the ori-gin of the infection.

(vii) All turkey flocks found to be in-fected with M. gallisepticum are quar-antined until marketed under super-vision of the Official State Agency.

(2) Discontinuation of any of the con-ditions described in paragraph (c)(1) ofthis section, or if repeated outbreaks ofM. gallisepticum occur in turkeybreeding flocks described in paragraph(c)(1)(ii) of this section, or if an infec-tion spreads from the originatingpremises, the Service shall havegrounds to revoke its determinationthat the State is entitled to this classi-fication. Such action shall not betaken until a thorough investigationhas been made by the Service and theOfficial State Agency has been givenan opportunity for a hearing.

(3) If a State retains this status for 2or more years, individual breedingflocks in the State may qualify for anM. gallisepticum classification based ona negative test of a sample of 100 birds.

(d) U.S. M. Synoviae Clean State, Tur-keys. (1) A State will be declared a U.S.M. Synoviae Clean State, Turkeys, ifthe Service determines that:

(i) No Mycoplasma synoviae is knownto exist nor to have existed in turkeybreeding flocks in production withinthe State during the preceding 12months;

(ii) All turkey breeding flocks in pro-duction are tested and classified asU.S. M. Synoviae Clean or have metequivalent requirements for M.


737


synoviae control under official super-vision;

(iii) All turkey hatcheries within theState only handle products that areclassified as U.S. M. Synoviae Clean orhave met equivalent requirements forM. synoviae control under official su-pervision;

(iv) All shipments of products fromturkey breeding flocks other thanthose classified as U.S. M. SynoviaeClean, or equivalent, into the State areprohibited;

(v) All persons performing poultrydisease diagnostic services within theState are required to report to the Offi-cial State Agency within 48 hours thesource of all turkey specimens thathave been identified as being infectedwith M. synoviae;

(vi) All reports of M. synoviae infec-tion in turkeys are promptly followedby an investigation by the OfficialState Agency to determine the originof the infection; and

(vii) All turkey breeding flocks foundto be infected with M. synoviae arequarantined until marketed under su-pervision of the Official State Agency.

(2) The Service may revoke theState’s classification as a U.S. M.Synoviae Clean State, Turkeys, if anyof the conditions described in para-graph (d)(1) of this section are discon-tinued. The Service shall not revokethe State’s classification as a U.S. M.Synoviae Clean State, Turkeys, until ithas conducted an investigation and theOfficial State Agency has been givenan opportunity for a hearing in accord-ance with rules of practice adopted bythe Administrator of the Service.


[40 FR 1503, Jan. 8, 1975. Redesignated at 44FR 61586, Oct. 26, 1979, and amended at 45 FR10316, Feb. 15, 1980; 48 FR 57473, Dec. 30, 1983;49 FR 19803, May 10, 1984; 54 FR 23957, June 5,1989; 61 FR 11521, Mar. 21, 1996]

Subpart E—Special Provisions forWaterfowl, Exhibition Poultry,and Game Bird BreedingFlocks and Products


requires, for the purposes of this sub-

part the following terms shall be con-strued, respectively, to mean:

Exhibition Poultry. Domesticated fowlwhich are bred for the combined pur-poses of meat or egg production andcompetitive showing.

Game birds. Domesticated fowl suchas pheasants, partridge, quail, grouse,and guineas, but not doves and pigeons.

Waterfowl. Domesticated fowl thatnormally swim, such as ducks andgeese.

[36 FR 23112, Dec. 3, 1971. Redesignated at 44FR 61586, Oct. 26, 1979, and amended at 59 FR12799, Mar. 18, 1994]

§ 145.52 Participation.Participating flocks of waterfowl, ex-

hibition poultry, and game birds, andthe eggs and baby poultry producedfrom them shall comply with the appli-cable general provisions of subpart A ofthis part and the special provisions ofthis subpart E.

(a) Started poultry shall lose theiridentity under Plan terminology whennot maintained by Plan participantsunder the conditions prescribed in§ 145.5(a).

(b) Hatching eggs produced by pri-mary breeding flocks shall be fumi-gated (see § 147.25 of this chapter) orotherwise sanitized.

(c) Subject to the approval of theService and the Official State Agenciesin the importing and exporting States,participating flocks may report poul-try sales to importing States by usingprintouts of computerized monthlyshipping and receiving reports in lieuof VS Form 9–3, ‘‘Report of Sales ofHatching Eggs, Chicks, and Poults.’’

[36 FR 23112, Dec. 3, 1971. Redesignated at 44FR 61586, Oct. 26, 1979, and amended at 49 FR19803, May 10, 1984; 57 FR 57341, Dec. 4, 1992;61 FR 11521, Mar. 21, 1996]


Participating flocks, and the eggsand baby poultry produced from them,which have met the respective require-ments specified in this section may bedesignated by the following terms andthe corresponding designs illustratedin § 145.10.

(a) U.S. Approved. All birds in thebreeding flock observed by AuthorizedAgents or State Inspectors are found to


738

9 CFR Ch. I (1–1–00 Edition)§ 145.53

7 Published by the American Poultry Asso-ciation, Inc.

conform with the criteria for the breedrepresented, as contained in the Stand-ard of Perfection 7 or the breeder’sspecifications for the stock representedin the flock, and such specificationsare on file with the Official StateAgency.

(b) U.S. Pullorum-Typhoid Clean. Aflock in which freedom from pullorumand typhoid has been demonstrated tothe Official State Agency under thecriteria in one of the following para-graphs (b)(1) through (5) of this section(See § 145.14 relating to the officialblood test where applicable.):

(1) It has been officially blood testedwithin the past 12 months with no reac-tors.




(iii) The flock is located on a prem-ises where either no poultry or a flocknot classified as U.S. Pullorum-Ty-phoid Clean were located the previousyear; Provided, That an AuthorizedAgent must blood test up to 300 birdsper flock, as described in § 145.14, if theOfficial State Agency determines thatthe flock has been exposed to pul-lorum-typhoid. In making determina-tions of exposure and setting the num-ber of birds to be blood tested, the Offi-cial State Agency shall evaluate theresults of any blood tests, described in§ 145.14(a)(1), that were performed on anunclassified flock located on the prem-

ises during the previous year; the ori-gins of the unclassified flock; and theprobability of contacts between theflock for which qualification is beingsought and (a) infected wild birds, (b)contaminated feed or waste, or (c)birds, equipment, supplies, or personnelfrom flocks infected with pullorum-ty-phoid.

(3) It is a multiplier breeding flockthat originated from U.S. Pullorum-Typhoid Clean breeding flocks or fromflocks that met equivalent require-ments under official supervision, and islocated in a State in which it has beendetermined by the Service that:

(i) All hatcheries, except turkeyhatcheries, within the State are quali-fied as ‘‘National Plan Hatcheries’’ orhave met equivalent requirements forpullorum-typhoid control under officialsupervision;

(ii) All hatchery supply flocks, ex-cept turkey flocks, within the State,are qualified as U.S. Pullorum-TyphoidClean or have met equivalent require-ments for pullorum-typhoid controlunder official supervision: Provided,That if other domesticated fowl, exceptwaterfowl, are maintained on the samepremises as the participating flock,freedom from pullorum-typhoid infec-tion shall be demonstrated by an offi-cial blood test of each of these fowl;





739


(vi) All flocks found to be infectedwith pullorum or typhoid are quar-antined until marketed or destroyedunder the supervision of the OfficialState Agency, or until subsequentlyblood tested, following the procedurefor reacting flocks as contained in§ 145.14(a)(5), and all birds fail to dem-onstrate pullorum or typhoid infection;



(4) It is a multiplier breeding flocklocated in a State which has been de-termined by the Service to be in com-pliance with the provisions of para-graph (b)(3) of this section, and inwhich pullorum disease or fowl typhoidis not known to exist nor to have ex-isted in hatchery supply flocks, otherthan turkey flocks, within the Stateduring the preceding 24 months.

(5) It is a primary breeding flock lo-cated in a State determined to be incompliance with the provisions of para-graph (b)(4) of this section, and inwhich a sample of 300 birds from flocksof more than 300, and each bird inflocks of 300 or less, has been officiallytested for pullorum-typhoid within thepast 12 months with no reactors: Pro-vided, That a bacteriological examina-tion monitoring program or serologicalexamination monitoring program forgame birds acceptable to the OfficialState Agency and approved by theService may be used in lieu of annualblood testing: And Provided further,

That when a flock is a waterfowl or ex-hibition poultry primary breedingflock located in a State which has beendeemed to be a U.S. Pullorum-TyphoidClean State for the past three years,and during which time no isolation ofpullorum or typhoid has been madethat can be traced to a source in thatState, a bacteriological examinationmonitoring program or a serologicalexamination monitoring program ac-ceptable to the Official State Agencyand approved by the Service may beused in lieu of annual blood testing.

(c) U.S. M. Gallisepticum Clean. (1) Aflock maintained in compliance withthe provisions of § 147 .26 of this chap-ter and in which freedom from M.gallisepticum has been demonstratedunder the criteria specified in para-graph (c)(1)(i) or (ii) of this section.

(i) It is a flock in which all birds ora sample of at least 300 birds has beentested for M. gallisepticum as providedin § 145.14(b) when more than 4 monthsof age or upon reaching sexual matu-rity: Provided, That to retain this clas-sification, a random sample of serumor egg yolk from at least 5 percent ofthe birds in the flock, but at least 30birds, shall be tested at intervals of notmore than 90 days: And provided fur-ther, That a sample comprised of lessthan 5 percent may be tested at anyone time, with the approval of the Offi-cial State Agency and the concurrenceof the Service, provided that a total ofat least 5 percent of the birds in theflock, but at least 30 birds, is testedwithin each 90–day period; or

(ii) It is a multiplier breeding flockwhich originated as U.S. M.Gallisepticum Clean baby poultry fromprimary breeding flocks and a randomsample comprised of 50 percent of thebirds in the flock, with a maximum of200 birds and a minimum of 30 birds perflock, has been tested for M.gallisepticum as provided in § 145.14(b)when more than 4 months of age orupon reaching sexual maturity: Pro-vided, That to retain this classifica-tion, the flock shall be subjected to oneof the following procedures:

(A) At intervals of not more than 90days, a random sample of serum or eggyolk from at least 2 percent of thebirds in the flock, with a minimum of30 birds per pen, shall be tested; or


740

9 CFR Ch. I (1–1–00 Edition)§ 145.54

(B) At intervals of not more than 30days, a sample of 25 cull baby poultryproduced from the flock shall be sub-jected to laboratory procedures accept-able to the Official State Agency andapproved by the Service, for the detec-tion and recovery of M. gallisepticum.

(2) A participant handling U.S. M.Gallisepticum Clean products shallkeep these products separate fromother products in a manner satisfac-tory to the Official State Agency: Pro-vided, That U.S. M. GallisepticumClean baby poultry from primarybreeding flocks shall be produced in in-cubators and hatchers in which onlyeggs from flocks qualified under para-graph (c)(1)(i) of this section are set.

(3) U.S. M. Gallisepticum Clean babypoultry shall be boxed in clean boxesand delivered in trucks that have beencleaned and disinfected as described in§ 147.24(a) of this chapter.

(d) U.S. M. Synoviae Clean. (1) A flockmaintained in compliance with theprovisions of § 147.26 of this chapter andin which freedom from Mycoplasmasynoviae has been demonstrated underthe criteria specified in paragraph(d)(1)(i) or (d)(1)(ii) of this section.

(i) It is a flock in which a minimumof 300 birds has been tested for M.synoviae as provided in § 145.14(b) whenmore than 4 months of age: Provided,That to retain this classification, asample of at least 150 birds shall betested at intervals of not more than 90days: And provided further, That a sam-ple comprised of fewer than 150 birdsmay be tested at any one time with theapproval of the Official State Agencyand the concurrence of the Service,provided that a minimum of 150 birds istested within each 90-day period; or

(ii) It is a multiplier breeding flockthat originated as U.S. M. SynoviaeClean chicks from primary breedingflocks and from which a sample com-prised of a minimum of 75 birds hasbeen tested for M. synoviae as providedin § 145.14(b) when more than 4 monthsof age: Provided, That to retain thisclassification, the flock shall be sub-jected to one of the following proce-dures:

(A) At intervals of not more than 90days, a sample of 50 birds shall be test-ed: Provided, That a sample of fewerthan 50 birds may be tested at any one

time, provided that a minimum of 30birds per flock with a minimum of 15birds per pen, whichever is greater, istested each time and a total of at least50 birds is tested within each 90-day pe-riod; or


(2) A participant handling U.S. M.Synoviae Clean products shall keepthose products separate from otherproducts in a manner satisfactory tothe Official State Agency: Provided,That U.S. M. Synoviae Clean chicksfrom primary breeding flocks shall beproduced in incubators and hatchers inwhich only eggs from flocks qualifiedunder paragraph (d)(1)(i) or (d)(1)(ii) ofthis section are set.



[36 FR 23112, Dec. 3, 1971, as amended at 40FR 1503, Jan. 8, 1975; 41 FR 48725, Nov. 5, 1976.Redesignated at 44 FR 61586, Oct. 26, 1979, andamended at 47 FR 21993, May 29, 1982; 48 FR57473, Dec. 30, 1983; 50 FR 19900, May 13, 1985;54 FR 23956, 23957, June 5, 1989; 57 FR 57342,Dec. 4, 1992; 59 FR 12799, Mar. 18, 1994; 62 FR44070, Aug. 19, 1997; 63 FR 3, Jan. 2, 1998]






741

Animal and Plant Health Inspection Service, USDA Pt. 147

(2) Discontinuation of any of the con-ditions described in paragraph (a)(1)(i)of this section, or repeated outbreaksof pullorum or typhoid occur in hatch-ery supply flocks described in para-graph(a)(1)(ii) of this section, or if aninfection spreads from the originatingpremises, the Service shall havegrounds to revoke its determinationthat the State is entitled to this classi-fication. Such action shall not betaken until a thorough investigationhas been made by the Service and theOfficial State Agency has been givenan opportunity for a hearing.

[40 FR 1504, Jan. 8, 1975. Redesignated at 44FR 61586, Oct. 26, 1979, and amended at 54 FR23957, June 5, 1989]

Subpart F—Special Provisions forOstrich Breeding Flocks andProducts

SOURCE: 63 FR 40010, July 27, 1998, unlessotherwise noted.



Ostrich. Birds of the species Struthiocamelus, including all subspecies andsubspecies hybrids.

§ 145.62 Participation.Participating flocks of ostriches, and

the eggs and chicks produced fromthem, shall comply with the applicablegeneral provisions of subpart A of thispart and the special provisions of thissubpart.

(a) Started poultry shall lose theiridentity under Plan terminology whennot maintained by Plan participantsunder the conditions prescribed in§ 145.5(a).

(b) Hatching eggs produced by pri-mary breeding flocks shall be fumi-gated or otherwise sanitized (see§ 147.22 of this chapter).


Participating flocks, and the eggsand baby poultry produced from them,that have met the respective require-ments specified in this section may be

designated by the following terms andtheir corresponding designs illustratedin § 145.10.

(a) U.S. Pullorum-Typhoid Clean. Aflock in which freedom from pullorumand typhoid has been demonstrated tothe Official State Agency under thecriteria in paragraph (a)(1) or (a)(2) ofthis section. (See § 145.14(a) relating tothe official blood test for pullorum-ty-phoid where applicable.)

(1) It has been officially blood testedwithin the past 12 months with no reac-tors.

(2) It is a multiplier or primarybreeding flock in which a sample ofeach bird in flocks of 30 or fewer birds,a minimum of 30 birds from flocks upto 300 birds, or 10 percent of all birdsfrom flocks exceeding 300 birds hasbeen officially tested for pullorum-ty-phoid within the past 12 months withno reactors: Provided, That a bacterio-logical examination monitoring pro-gram for ostriches acceptable to theOfficial State Agency and approved bythe Service may be used in lieu of an-nual blood testing: And provided fur-ther, That when a flock is a multiplierbreeding flock located in a State whichhas been deemed to be a U.S. Pullorum-Typhoid Clean State for the past 3years, and during which time no isola-tion of pullorum or typhoid has beenmade that can be traced to a source inthat State, a bacteriological examina-tion monitoring program or a sero-logical examination monitoring pro-gram acceptable to the Official StateAgency and approved by the Servicemay be used in lieu of annual bloodtesting.

(b) [Reserved]

PART 146 [RESERVED]

PART 147—AUXILIARY PROVISIONSON NATIONAL POULTRY IM-PROVEMENT PLAN

Subpart A—Blood Testing Procedures

Sec.147.1 The standard tube agglutination test.147.2 The rapid serum test.147.3 The stained-antigen, rapid, whole-

blood test.147.4 The tube agglutination test for S.

typhimurium.


SUBCHAPTER G—POULTRY IMPROVEMENT - gpo.gov · fowl, Exhibition Poultry, and Game Bird Breeding...

Documents

Transcript of SUBCHAPTER G—POULTRY IMPROVEMENT - gpo.gov · fowl, Exhibition Poultry, and Game Bird Breeding...