[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR82.2]

[Page 311-312]
 
                  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--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 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

[[Page 312]]

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 
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factors listed in paragraph (a) of this section.

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