|(a) Registration/Licensing. Live Bird Markets, Live
Bird Production Units, and Live Bird Market Distributors shall submit:
(1) An application including:
(A) Business name and Owner name, address, and telephone
(B) Hours of operation;
(C) Bird capacity, which is based on the maximum number
of fowl during the previous 12 months, being owned or managed by the
registrant at any one time;
(D) Other businesses under the same ownership in the
LBM system, including other dealerships, bird transportation businesses,
and commercial poultry operations;
(E) A list of all avian and non-avian species distributed;
(F) NAIS unique premises identification number.
(2) An annual registration fee as provided in §54.4
of this title (relating to Registration Fee).
(b) Record Keeping. Requirements for Live Bird Markets,
Live Bird Production Units, and Live Bird Market Distributors:
(1) Are responsible for verifying bird identification,
using PIN or Lot identification and maintaining identification and
obtaining and maintaining documentation of test-negative status of
all birds at the time of their receipt. If records do not accompany
the shipment the management is prohibited from allowing those fowl
to enter the premises.
(2) Records for avian species shall include the date
of entry into a LBM, the premises-of-origin identification number,
with lot identifier; the number and species of birds in the lot; the
distributor license number; the date of sale and a copy of the negative
test results for the source flock.
(3) These records must be maintained for a minimum
of two years. Such records must be made available to State or Federal
animal health officials, upon request, during normal business hours.
(c) Biosecurity. Live Bird Markets, Live Bird Production
Units, and Live Bird Market Distributors shall:
(1) Develop and follow a biosecurity protocol approved
by the Commission. This protocol shall include standards for cleaning &
disinfecting (C&D) of facilities, conveyances, and equipment.
This protocol shall also call for management practices and physical
barriers that prevent migratory water fowl from accessing any water
supply being used by or shared with the fowl at the facility.
(2) Train all personnel that work for the company in
biosecurity by State or Federal personnel or by a trained company
representative. Certification of employee training must be maintained
in the personnel files for a minimum of two years. Such records must
be made available to State or Federal animal health officials, upon
request, during normal business hours.
(3) Once delivered to a market, birds must be slaughtered
and processed before leaving the facility, unless otherwise provided
for in the biosecurity protocol.
(4) Confine domestic and exotic fowl in a cage, pen
or other structure in order to provide a physical barrier at all times
so as to keep the fowl separate and apart from all other fowl of infected,
exposed or unknown health status and to limit exposure to wild bird
(1) The Commission may make inspections of any facilities,
conveyances, and equipment and the domestic or exotic fowl therein
and review records to ensure compliance with the requirements of the
fowl registration program.
(2) Live Bird Markets, Live Bird Production Units,
and Live Bird Market Distributors shall allow State and/or Federal
animal health officials to have access to records upon request and
to permit official inspections and testing of birds, premises, vehicles,
and equipment as deemed appropriate by the Commission.
(3) Indication or evidence that paperwork received
has been altered or that it misrepresents the sources or test status
of birds coming into the LBM, the LBMS, or distributor must be reported
to a Federal or State animal health official.
(e) Avian Influenza Test Requirements. All domestic
fowl in a Live Bird Marketing System shall participate in testing
for avian influenza virus which shall include but is not limited to
using AGID on serum or egg yolk samples from gallinaceous birds, RRT-PCR
on tracheal swabs from gallinaceous birds, or virus isolation on cloacal
swabs from waterfowl and other birds:
(1) Live Bird Markets and Live Bird Marketing System
distributors shall be tested:
(A) at least quarterly; and
(B) may include live birds, environment, conveyances,
(2) All birds provided to a distributor or directly
to the LBM must originate from an avian influenza negative flock and
must bear or be accompanied by identification to a premises of origin.
The categories of production units and the testing requirements for
each category are as follows:
(A) AI-monitored flock: This is a flock that is tested
monthly for AI for at least 3 months using AGID on serum or egg yolk
samples from gallinaceous birds, RRT-PCR on tracheal swabs from gallinaceous
birds, or virus isolation on cloacal swabs from waterfowl and other
birds. At least 30 birds per flock are tested monthly by an approved
(B) Established flock: This is a flock that has been
maintained together for at least 21 days prior to sample collection
with no additions to the flock. For an established flock to qualify
for the first shipment into the LBM system or to requalify after any
breaks in the monthly sample-testing regimen, 30 birds must be tested
by AGID or other approved procedure within 10 days prior to movement.
(C) Commingled flock: This is a group of poultry from
multiple sources that has been assembled for one or more shipments.
When untested birds are added to the flock, previous test reports
are void and the flock must requalify as an established flock by waiting
21 days before resampling, and then following the protocol as for
a nonmonitored flock.
(D) Nonmonitored flock: This is a flock that has not
been on a program of monthly testing for at least 3 months. To qualify
for sale in the LBM system, 30 birds in a nonmonitored flock must
have been tested within 10 days of movement.
(f) Infected flock. Any Live Bird Marketing System
flock where fowl are positive on virus isolation or RRT-PCR for a
disease reportable to the Commission under Chapter 45 of this title
(relating to Reportable Diseases):
(1) Any specimens positive for virus will be submitted
to the NVSL for virus isolation and characterization. The premises
will be movement restricted by a hold order until results are obtained
from the NVSL.
(2) Infected flocks will be placed under quarantine,
the fowl depopulated, and the facility cleaned and disinfected unless
an alternate approach to disease elimination is approved by the Commission.
No new fowl may be added to the quarantined flock unless approved
by the Commission. A flock plan shall be developed between the flock
owner and the Commission addressing the length of time the facility
is to remain vacant of fowl, the testing schedule following repopulation,
and other details germane to the management of the flock and elimination
(3) RRT-PCR or VI positives at LBMs and distribution
facilities will result in trace-backs to a supplier of origin by State
or Federal personnel in the State of origin.
(g) Violations of these requirements will be handled
as provided in §54.8 of this title (relating to Enforcement).