[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR82.2]

[Page 310-311]
 
                  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 A--Exotic Newcastle Disease (END)
 
Sec. 82.2  Criteria for determining birds or poultry to be infected with, exposed to, or free from END.

    (a) The determination that birds or poultry are infected with END 
must be made by either a Federal veterinarian or a State 
veterinarian.\1\ They will base that determination on one or more of the 
following factors: clinical evidence (signs, post-mortem lesions, and 
history of the occurrence of END); diagnostic tests; \2\ or 
epidemiological evidence (evaluation of clinical evidence

[[Page 311]]

and the degree of risk posed by the potential spread of END based on 
population and exposure factors, including evaluation of whether the 
birds and poultry have had the opportunity to be in contact with birds 
or poultry infected with END or with excrement from birds or poultry 
infected with END, or if the birds and poultry have shared feed or water 
with birds or poultry infected with END).
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    \1\ The location of Federal veterinarians and State veterinarians 
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.
    \2\ A copy of the protocols for END diagnostic tests 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. The protocols are also found in ``Recommended Uniform Diagnostic 
Procedures,'' published by the Committee of the American Association of 
Veterinary Laboratory Diagnosticians.
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    (b) The determination that birds or poultry are exposed to END must 
be made by either a Federal veterinarian or a State veterinarian. They 
will base that determination on an evaluation of all related 
circumstances, including: the proximity of the birds or poultry to birds 
or poultry infected with END, to excrement from birds or poultry 
infected with END, and to other material touched by birds or poultry 
infected with END; the number of birds or poultry infected with END to 
which the birds or poultry were exposed; the species involved; the 
virulence of the END to which the birds or poultry were exposed; and the 
length of time the birds or poultry were in contact with birds or 
poultry infected with END, and to material touched by birds or poultry 
infected with END. Birds or poultry determined to be exposed to END will 
continue to be treated as exposed unless they are subsequently 
determined to be infected with END or until either a Federal 
veterinarian or a State veterinarian finds them to be free of END based 
on one or more of the factors listed in paragraph (a) of this section.

(Approved by the Office of Management and Budget under control number 
0579-0116)