Editorial Note on Subpart A of Part 82
Editorial Note: Nomenclature changes to subpart A of part 82 appear at 78 FR 19083, Mar. 29, 2013.

§ 82.5 Interstate movement of live birds and live poultry from a quarantined area. ( a ) *Pet birds.* An individual may move his or her pet birds interstate from a quarantined area only if the birds are not known to be infected with or exposed to Newcastle disease and the following requirements are fulfilled: ( 1 ) *Epidemiological and testing requirements.* For all pet birds moved interstate, epidemiological evidence must indicate that the birds are not infected with any communicable disease. ( i ) *Pet birds that have been under the control and ownership of the owner for at least 90 days.* Pet birds that have been under the ownership and control of the individual to whom the permit is issued for the 90 days before interstate movement, show no clinical signs of sickness (such as diarrhea, nasal discharge, ocular discharge, ruffled feathers, or lack of appetite) during the 90 days before interstate movement, and have been maintained apart from other birds and poultry in the quarantined area during the 90 days before interstate movement may be moved to a location outside the quarantined area for subsequent examination. The individual to whom the permit is issued must maintain ownership and control of the birds and maintain them apart from other birds and poultry from the time they arrive at the place to which the individual is taking them until a Federal representative or State representative[3] examines the birds and determines that the birds show no clinical signs of Newcastle disease. The examination will not be less than 30 days after the interstate movement. The individual to whom the permit is issued must allow Federal representatives and State representatives to examine the birds at any time until they are declared free of Newcastle disease by either a Federal veterinarian or a State veterinarian.
( ii ) *All other pet birds.* Pet birds that do not meet the criteria in paragraph (a)(2)(i) of this section may only be moved to a USDA-approved quarantine facility outside the quarantined area for a 30-day quarantine before being released. The individual to whom the permit is issued must maintain ownership and control of the birds and maintain them isolated from other birds or poultry until the time they arrive at the USDA-approved quarantine facility. The pet bird owner is responsible for all costs associated for keeping his or her pet birds at the USDA-approved quarantine facility for the 30-day quarantine period.
( 2 ) *Movement restrictions.* All pet birds must be moved interstate from a quarantined area under the following conditions: ( i ) The birds are accompanied by a permit obtained in accordance with § 82.11.
( ii ) The birds are moved interstate by the individual to whom the permit is issued.
( iii ) The birds are caged while being moved interstate.
( iv ) Within 24 hours of a bird's dying or showing clinical signs of sickness (such as diarrhea, nasal discharge, ocular discharge, ruffled feathers, or lack of appetite), the individual to whom the permit is issued notifies the veterinarian in charge or the State animal health official[4] in the State to which the birds are moved.
( v ) The individual to whom the permit is issued submits copies of the permit so that a copy is received by the State animal health official and the veterinarian in charge for the State of destination within 72 hours of the arrival of the birds at the destination listed on the permit.
( b ) *Other birds (including commercial birds) and poultry.* Except as provided for pet birds in paragraph (a) of this section, a person may move live birds (including commercial birds) and live poultry that are not known to be infected with or exposed to Newcastle disease interstate from a quarantined area only if: ( 1 ) The birds and poultry are accompanied by a permit obtained in accordance with § 82.11;
( 2 ) The birds or poultry are covered in such a way as to prevent feathers and other debris from blowing or falling off the means of conveyance;
( 3 ) The birds or poultry are moved in a means of conveyance either under official seal or are accompanied by a Federal representative;
( 4 ) Except for emergencies, the birds or poultry are not unloaded until their arrival at the destination listed on the permit required by paragraph (b)(1) of this section;
( 5 ) If poultry or ratites, the poultry or ratites are moved interstate to a recognized slaughtering establishment[5] and are slaughtered within 24 hours of arrival at the recognized slaughtering establishment;
( 6 ) If birds other than poultry, the birds are moved to a site approved by the Administrator; and
( 7 ) The permit required by paragraph (b)(1) of this section is presented upon arrival at the recognized slaughtering establishment or approved site to a State representative or Federal representative. Copies of the permit must also be submitted so that a copy is received by the State animal health official and the veterinarian in charge for the State of destination within 72 hours of arrival at the recognized slaughtering establishment.
(Approved by the Office of Management and Budget under control number 0579-0116) [61 FR 56883, Nov. 5, 1996, as amended at 73 FR 30297, May 27, 2008] Footnotes -
82.5
[3] The location of Federal representatives and State representatives may be obtained by writing to Emergency Programs, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road, Unit 41, Riverdale, MD 20737-1231.
[4] The location of the veterinarian in charge or the State animal health official may be obtained by writing to Emergency Programs, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road, Unit 41, Riverdale, MD 20737-1231, or by referring to the local telephone book.
[5] A list of recognized slaughtering establishments in any State may be obtained from a Federal representative, the State animal health official, or a State representative.