[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR82.30]

[Page 315-317]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 82--EXOTIC NEWCASTLE DISEASE (END) AND CHLAMYDIOSIS; POULTRY DISEASE CAUSED BY SALMONELLA ENTERITIDIS SEROTYPE ENTERITIDIS--Table of Contents
 
  Subpart C--Poultry Disease Caused by Salmonella Enteritidis Serotype 
                               Enteritidis
 
Sec. 82.30  Definitions.

    Source: 56 FR 3738, Jan. 30, 1991, unless otherwise noted. 
Redesignated at 61 FR 56883, Nov. 5, 1996.


    As used in connection with this subpart, the following terms shall 
have the meaning set forth in this section.
    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service or any individual authorized to act for the 
Administrator.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    Authorized laboratory. A laboratory approved by the Administrator to 
conduct tests in accordance with this subpart. Application for 
accreditation shall be made in writing by the owner or operator of the 
laboratory and sent to the Administrator, Animal and Plant Health 
Inspection Service, Veterinary Services, Center for Planning, 
Certification, and Monitoring, 4700 River Road Unit 46, Riverdale, MD 
20737-1231.
    The applying laboratory will bear all costs associated with its 
application process. The Administrator will approve an authorized 
laboratory only after consulting with the State animal health official 
in the State in which the laboratory is located and after determining 
that the laboratory:
    (1) Is supervised by a person holding, as a minimum, a bachelor's 
degree in either chemistry, microbiology, or a related field and having 
1 year's experience in diagnostic microbiology, or equivalent 
qualifications, as determined by the Administrator;
    (2) Has technical personnel assigned to conduct the tests who have 
received training prescribed by the National Veterinary Services 
Laboratories (NVSL);
    (3) Uses reagents, media, and antigen approved by NVSL;
    (4) Maintains laboratory quality control records for the most recent 
3 years that samples have been analyzed under this Program;
    (5) Demonstrates acceptable levels of systematic laboratory 
difference, variability, and individual large deviations in the 
identification of microorganisms. An applying laboratory will 
successfully demonstrate these capabilities if its diagnostic results 
from annual check test proficiency studies satisfy the criteria of NVSL;
    (6) Follows standard test protocols approved by NVSL;
    (7) Maintains complete records of the receipt, analysis, and 
disposition of official samples for the most recent 3 years that samples 
have been analyzed under this Program;
    (8) Reports results of all tests ordered in accordance with this 
subpart or in accordance with Sec. 145.23(d) of this chapter to the 
State animal health official and APHIS.\1\
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    \1\Training requirements, standard test protocols, and check test 
proficiency requirements prescribed by the National Veterinary Services 
Laboratories and the names and addresses of authorized laboratories are 
available from the Animal and Plant Health Inspection Service, 
Veterinary Services, Center for Planning, Certification, and Monitoring, 
4700 River Road Unit 46, Riverdale, MD 20737-1231.
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    (9) Maintains a standards book, which is a permanently bound book 
with sequentially numbered pages, containing all readings and 
calculations for diagnostic tests and calibration of

[[Page 316]]

instruments. All entries are to be dated and signed by the analyst 
immediately upon completion of the entry and by his/her supervisor 
within 2 working days. The standards book is to be retained for a period 
of 3 years after the last entry is made;
    (10) Analyzes NVSL check test proficiency samples and returns the 
results to NVSL within 3 weeks of sample receipt. This must be done 
whenever requested by NVSL and at no cost to USDA;
    (11) Informs the Administrator by certified or registered mail, 
within 30 days, when there is any change in the laboratory's ownership, 
officers, directors, supervisory personnel, or other responsibly 
connected individual or entity; and
    (12) Permits any duly authorized representative of the Secretary to 
perform both announced and unannounced on-site laboratory reviews of 
facilities and records during normal business hours and to copy all such 
records.

The Administrator may revoke the authorized status of a laboratory after 
determining that the laboratory fails to meet any requirement of this 
definition. The revocation will be effective on the date written notice 
of revocation is given to to the owner or operator of the laboratory. A 
laboratory whose accreditation has been revoked may reapply for 
authorized laboratory status no sooner than 6 months after the effective 
date of revocation, and must provide written documentation specifying 
what corrections were made.
    Certified Salmonella enteritidis serotype enteritidis Tested Free 
Flocks. Egg-type chicken breeding flocks that are classified ``U.S. S. 
Enteritidis Monitored'' under the National Poultry Improvement Plan 
(NPIP), or meet the requirements of a State classification plan 
determined by the Administrator to be equivalent to the NPIP, in 
accordance with Sec. 145.23(d) of this chapter.
    Egg production flock. A flock maintained for the purpose of 
producing eggs for human consumption.
    Federal representative. An individual employed and authorized by the 
Federal government to perform the tasks required by this subpart.
    Flock. All of the poultry on one premise.
    Hatching eggs. Eggs in which young chickens are allowed to develop.
    Infected flock. A flock that does not contain separate poultry 
houses as defined by this section, and in which any poultry has tested 
positive for Salmonella enteritidis serotype enteritidis in accordance 
with the blood and internal organ tests of Sec. 82.32(c) or (e)(2) of 
this subpart.
    Infected poultry house. A poultry house containing chickens 
determined to be infected with Salmonella enteritidis serotype 
enteritidis in accordance with Sec. 82.32(c) or (e)(2) of this subpart.
    Internal organs. All internal organs except for the lungs and organs 
of the gastrointestinal tract.
    Interstate. From one State into or through any other State.
    Move (moving, moved, movement). Shipped, offered for shipment to a 
common carrier, received for transportation or transported by a common 
carrier, or carried, transported, moved, or allowed to be moved by any 
means.
    Multiplier breeding flock. A flock that is intended for the 
production of hatching eggs used for the purpose of producing progeny 
for commercial egg production.
    Newly-hatched chicks. Chicks that have not been fed or watered for 
the first time.
    Poultry. Chickens of all ages, including eggs for hatching.
    Poultry house. A building or other structure used to house poultry.
    Primary breeding flock. A flock composed of one or more generations 
that is maintained for the purpose of establishing or continuing 
multiplier breeding flocks for the ultimate purpose of commercial egg 
production.
    Separate poultry house. A poultry house that has been determined by 
a Federal or State representative to have biosecurity to prevent the 
transmission of communicable disease to other poultry houses. 
Biosecurity means that flock management procedures are in place to 
ensure that there is no contact between poultry houses through exposure 
to chickens, feed, water, manure, equipment, or personnel from other 
poultry houses.
    State. Any State, the District of Columbia, Puerto Rico, Guam, the 
Northern Mariana Islands, the Virgin Islands

[[Page 317]]

of the United States, and any other territory or possession of the 
United States.
    State representative. An individual employed in animal health work 
and authorized by a State or political subdivision of a State to perform 
the tasks required by this subpart.
    Study flock. A flock determined in accordance with Sec. 82.32(a) of 
this part to be a study flock, based on:
    (1) A determination by a Federal representative or State 
representative through epidemiologic investigation that the flock is the 
probable source of disease in an outbreak of disease in poultry or 
humans caused by Salmonella enteritidis serotype enteritidis, or
    (2) A determination by a Federal representative or State 
representative that the flock has received progeny from a primary 
breeding flock or multiplier breeding flock that has had a positive 
organ sample in accordance with Sec. 145.23(d) of this chapter, after 
the date of the last negative environmental sample for the primary 
breeding flock or multiplier breeding flock in accordance with 
Sec. 145.23(d) of this chapter.
    Test flock. A flock that does not contain separate poultry houses as 
defined by this section, and in which any manure and egg transport 
machinery samples have tested positive for Salmonella enteritidis 
serotype enteritidis in accordance with Sec. 82.32(b) or (b)(2)(ii) of 
this subpart.
    Test poultry house. A poultry house determined in accordance with 
Sec. 82.32(b) or (b)(2)(iii) of this subpart to have tested positive for 
Salmonella enteritidis serotype enteritidis by isolation of the 
bacterium from one or more manure or egg transport machinery samples, 
and designated for blood and internal organ testing in accordance with 
Sec. 82.32(c) of this subpart.

[56 FR 3738, Jan. 30, 1991, as amended at 57 FR 778, Jan. 9, 1992; 59 FR 
67613, Dec. 30, 1994; 61 FR 11517, Mar. 21, 1996; 66 FR 21062, Apr. 27, 
2001]