Arkansas Administrative Code › Agency 209 - Arkansas Agriculture Department › Division 01 - Livestock And Poultry Commission › Rule 209.01.22-002 - Poultry Disease and Flock Condemnation Rule

Current through Register Vol. 49, No. 6, June, 2024
I. DEFINITIONS. As used in this rule:
"Affected area" means an area determined by the Arkansas
				Department of Agriculture of approximately 25 miles surrounding a flock with a
				confirmed case of highly pathogenic avian influenza (HPAI).
"Bird" or "birds" means any of a class (Aves) of warm-blooded
				vertebrates distinguished by having the body more or less completely covered
				with feathers and the forelimbs modified as wings.
"Bird Dealer" means any person engaged in the business of
				dealing in, purchasing, breeding or offering for sale (whether at wholesale or
				retail) any exotic or pet birds.
"Person" means any individual, firm, partnership, corporation,
				estate, trust, fiduciary, or other group or combination acting as a
				unit.
"Exotic disease" means any foreign animal disease listed by the
				United States Department of Agriculture (USDA) Animal and Plant Health
				Inspection Service (APHIS) or the World Organization for Animal Health
				(WOAH).
"Untreatable disease" means a disease that does not respond to
				accepted medical chemotherapy or one whose treatment is uneconomical.
"Pet Bird" means a bird kept or intended for sale as a
				companion bird, not including domestic poultry.
"Premise" means land and buildings together considered as a
				property where animals are kept.
"Exotic Bird" means a bird not native or indigenous to the
				United States which is also not domestic poultry.
"Domestic Poultry" means poultry propagated and maintained
				under the control of a Person that have been selectively bred for meat, eggs,
				or exhibition purposes.
"Hatchery" means hatchery equipment on one premise operated or
				controlled by any person for the production of baby poultry.
"Swap meets or flea markets" means those places either so named
				or a place where there is a gathering of people to exchange goods and/or
				services whether it be for barter, sale, or loan.
"Inspector" means a person who is a designated and trained
				employee of the Arkansas Department of Agriculture.
"Domestic Waterfowl" means ducks and geese that have been
				selectively bred for meat, eggs, or exhibition purposes.
"Exhibit" means gathering or commingling for purposes of show,
				public display, or competition.
"Poultry Industry" means entities involved in the production of
				poultry and waterfowl, of any species, for the purpose of trade in meat and/or
				eggs.
"Poultry" means chickens, turkeys, guinea fowl, pigeons,
				ostrich, emus, pheasants, or other birds raised commercially or domestically
				for meat, eggs, and feathers.
II. CONDEMNING A DISEASED POULTRY FLOCK
A. Reportable diseases.
1. Scope. As used in this section,
			 "reportable disease" means: Exotic diseases as listed by APHIS or WOAH;
Ornithosis;
Mycoplasma Gallisepticum (MG);
Mycoplasma Synoviae (MS);
Mycoplasma Meleagridis in turkeys (MM);
Infectious Laryngotracheitis (ILT);
Salmonella Pullorum;
Salmonella Typhimurium;
Pullorum Typhoid (PT);
Velogenic Newcastle Disease; and
Avian Influenza (AI) (for additional requirements regarding AI,
				see section
				IV).
2. Mandatory reporting.
Any person having knowledge that a poultry flock is infected
				with a reportable disease must immediately report such information to the State
				Veterinarian.
3. Quarantine
			 order.
The State Veterinarian, after consultation with the Arkansas
				Department of Agriculture Livestock and Poultry Division Director, may
				quarantine any bird he suspects to be infected with a reportable
				disease.
4. Confirmation and
			 identification of the disease.
The State Veterinarian may direct that employees of the
				department conduct further tests of the suspect flock to identify and/or
				confirm the existence of a reportable disease. The National Veterinary Services
				Laboratory results will provide the confirmation necessary for the provisions
				of this rule to be carried out.
5. Order for disposition.
(a) Upon confirmation that a poultry flock is
			 infected with a reportable disease, the State Veterinarian, after consultation
			 with the Division Director, will enter into an administrative agreement with
			 the owner(s) to do one of the following:
(1)
			 Develop a flock plan under the direction of an accredited veterinarian which
			 includes, at a minimum:
(A) Quarantine and
			 treat flock until disease is cleared;
(B) Implementation of biosecurity protocols
			 according to USDA Defend the Flock program;
(C) Acquisition of NPIP certification through
			 the department;
(D) Testing of
			 flock in accordance with NPIP; and
(E) Maintaining records of any treatments or
			 actions taken under the care of an accredited veterinarian. If treatment is
			 unsuccessful or disease is chronic, all birds will remain in quarantine for the
			 remaining life of the flock;
(2) Quarantine all birds on the affected
			 premises for the life of the flock; any new birds introduced to the premises
			 shall also be under quarantine; or
(3) Depopulate all birds on the
			 premises.
(b) In cases of
			 PT, AI, or Newcastle Disease, depopulation is the only option as long as
			 indemnity is available through USDA.
6. Method of depopulation.
The poultry flock shall be disposed of as provided for in the
				Arkansas Livestock and Poultry Commission's Disposal of Large Animal and
				Poultry Carcasses rule. Agents or employees of the department may assist,
				direct, or administer the destruction of the flock.
7. Proper cleaning and disinfecting -
			 Rodenticides and insecticides.
The producer shall clean, disinfect, and use rodenticides and
				insecticides in compliance with USDA current polices and standards.
8. Repopulation of house.
A depopulated house will lay vacant after cleaning and
				disinfecting and after the use of rodenticide and insecticides for the length
				of time required by APHIS or the State Veterinarian. Source of birds may be
				approved by the State Veterinarian.