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

Current through Register Vol. 46, No. 28, July 10, 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.