New York Codes, Rules and Regulations
Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS
Chapter II - Animal Industry
Subchapter A - Diseases of Domestic Animals; Garbage Feeding
Part 45 - Avian Influenza
Section 45.1 - Definitions

Universal Citation: 1 NY Comp Codes Rules and Regs ยง 45.1

Current through Register Vol. 46, No. 39, September 25, 2024

For the purposes of this Part:

(a) Accredited veterinarian means a veterinarian approved by the Deputy Administrator of Veterinary Services, Animal and Plant Health Inspection Service, United States Department of Agriculture and accredited to perform functions of Federal and cooperative State-Federal programs.

(b) Approved certificate of veterinary inspection means a document issued by an accredited veterinarian and approved and countersigned by the State Animal Health Official of the state or country of origin. The certificate shall include the full name and address of both consignor and consignee, the date of issue, the dates and results of any qualifying tests, the health status of the source flock, the anticipated date of movement of poultry and a statement that the poultry have been inspected by an accredited veterinarian and are not showing signs of infectious, contagious or communicable disease (except where noted) and that the results of any tests are as indicated. Approval and countersignature of the certificate by the State Animal Health Official shall signify that said official has caused the statements thereon to be verified and that such statements qualify the poultry for movement in accordance with the provisions of this Part.

(c) Avian influenza means a viral disease of poultry caused by the avian influenza virus.

(d) Avian Influenza Monitored Source Flock means a flock that has been so certified by the source state or country and that has met the following requirements:

(1) The flock has been together, without any additions thereto, for a minimum of 21 days before the first test for avian influenza is performed; and

(2) No birds have been added to the flock after the first test was performed; and

(3) Samples have been properly collected from thirty birds, each of which are at least three weeks of age and all of which are representative of the flock, from all pens and houses on the farm. If the flock contains less than 30 birds, all birds within the flock must be tested. Notwithstanding the preceding:
i. For serology, blood collection from silkies and other small breeds of chickens may be delayed until the birds are 6 to 8 weeks of age.

ii. For serology, blood collection from guineas, chukars, and quail may be delayed until the birds are 5 to 6 weeks of age.

iii. Eggs may be substituted for blood samples from quail and chukars after they start laying; and

(4) The samples referred to in paragraph (3) of this subdivision have been tested using an official test approved by the United States Department of Agriculture conducted in a laboratory approved by the United States Department of Agriculture and/ or the State to conduct such testing, to determine if the birds from which such samples were obtained have avian influenza; and

(5) Three consecutive series of samples of the type referred to in paragraph (3) of this subdivision, each of which was collected between 21 - 30 days after the previous collection, have been determined by a laboratory of the type referred to in paragraph (4) of this subdivision to be free of avian influenza. New birds may be added to a flock that has been certified as an avian influenza monitored flock, as provided for herein, only if such birds are from a flock that has been certified as an avian influenza monitored flock or have been determined by the Commissioner of Agriculture and Markets to be a flock or part of a flock that is of an equal or higher status; however, an avian influenza monitored flock to which such birds have been added may not be moved to a live bird market or into the State until samples from such flock have been tested and found to be free of avian influenza, as provided in this subdivision.

(e) Bird means an individual domesticated fowl.

(f) Flock means all poultry on one farm or, at the discretion of the State Animal Health Official of the state or country of origin, any group of poultry which is segregated from another group and has been so segregated for a period of at least 21 days.

(g) Moved means shipped, transported or otherwise moved or delivered or received for movement by any person.

(h) Poultry means domesticated fowl including chickens, turkeys, waterfowl, guinea fowl and game birds commonly used for the production of meat and eggs. It does not include pigeons.

(i) Live poultry market means any premises where live poultry are assembled and held for sale and slaughter. It does not include livestock auction buildings as defined in Part 49 of this Title or USDA inspected poultry slaughter plants located outside the City of New York and the counties of Nassau and Westchester.

(j) Source flock means the flock, where the poultry were hatched and resided until their movement directly to a poultry market or the flock where the poultry have resided, prior to such movement, for at least 21 days, provided that no poultry from any untested or unmonitored flocks shall have been added to the poultry being moved within 21 days of such movement.

(k) State means the State of New York.

(l) State Animal Health Official means the official of a state or country responsible for livestock and poultry disease control and eradication programs.

(m) Poultry dealer and poultry transporter shall have the meaning accorded those terms in section 90-b of article 5 of the Agriculture and Markets Law.

(n) Imported for Immediate Slaughter means importation of poultry into the State followed by slaughter within 144 hours of the time of import.

(o) National Poultry Improvement Plan means a cooperative industry, state, and federal program that was developed through which new diagnostic technology can be applied to evaluate the health status of poultry, set forth in Title 9 of the Code of Federal Regulations Parts 145- 147.

(p) U.S. Avian Influenza Clean means that a flock has been so designated by the state or country of origin, utilizing the procedures set forth in the current version of the National Poultry Improvement Plan.

(q) U.S. H5/H7 Avian Influenza Clean means that a flock has been so designated by the state or country of origin, utilizing the procedures set forth in the current version of the National Poultry Improvement Plan.

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