[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR56.1]

[Page 199-200]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 56_CONTROL OF H5/H7 LOW PATHOGENIC AVIAN INFLUENZA--
Table of Contents
 
Sec. 56.1  Definitions.




Sec.
56.1 Definitions.
56.2 Cooperation with States.
56.3 Payment of indemnity.
56.4 Determination of indemnity amounts.
56.5 Destruction and disposal of poultry and cleaning and disinfection 
          of premises, conveyances, and materials.
56.6 Presentation of claims for indemnity.
56.7 Mortgage against poultry or eggs.
56.8 Conditions for payment.
56.9 Claims not allowed.
56.10 Initial State response and containment plan.

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

    Source: 71 FR 56323, Sept. 26, 2006, unless otherwise noted.


    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any other employee of the Animal and Plant Health Inspection 
Service delegated to act in the Administrator's stead.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the U.S. Department of Agriculture.
    Breeding flock. A flock that is composed of stock that has been 
developed for commercial egg or meat production and is maintained for 
the principal purpose of producing chicks for the ultimate production of 
eggs or meat for human consumption.
    Classification. A designation earned by participation in a Plan 
program.
    Commercial meat-type flock. All of the meat-type chickens or meat-
type turkeys on one farm. However, at the discretion of the Official 
State Agency, any group of poultry which is segregated from another 
group in a manner sufficient to prevent the transmission of H5/H7 LPAI 
and has been so segregated for a period of at least 21 days may be 
considered as a separate flock.
    Commercial table-egg layer flock. All table-egg layers of one 
classification in one barn or house.
    Commercial table-egg layer premises. A farm containing contiguous 
flocks of commercial table-egg layers under common ownership.
    Cooperating State Agency. Any State authority recognized by the 
Department to cooperate in the administration of the provisions of this 
part 56. This may include the State animal health authority or the 
Official State Agency.
    Department. The U.S. Department of Agriculture.
    Domesticated. Propagated and maintained under the control of a 
person.
    Flock plan. A written flock management agreement developed by APHIS 
and the Official State Agency with input from the flock owner and other 
affected parties. A flock plan sets out the steps to be taken to 
eradicate H5/H7 LPAI from a positive flock, or to prevent introduction 
of H5/H7 LPAI into another flock. A flock plan shall include, but is not 
necessarily limited

[[Page 200]]

to, poultry and poultry product movement and geographically appropriate 
infected and control/monitoring zones. Control measures in the flock 
plan should include detailed plans for safe handling of conveyances, 
containers, and other associated materials that could serve as fomites; 
disposal of flocks; cleaning and disinfection; downtime; and 
repopulation.
    H5/H7 low pathogenic avian influenza (LPAI). An infection of poultry 
caused by an influenza A virus of H5 or H7 subtype that has an 
intravenous pathogenicity index test in 6-week-old chickens less than 
1.2 or any infection with influenza A viruses of H5 or H7 subtype for 
which nucleotide sequencing has not demonstrated the presence of 
multiple basic amino acids at the cleavage site of the hemagglutinin.
    H5/H7 LPAI exposed. At risk of developing H5/H7 LPAI because of 
association with birds or poultry infected with H5/H7 LPAI, excrement 
from birds or poultry infected with H5/H7 LPAI, or other material 
touched by birds or poultry infected with H5/H7 LPAI, or because there 
is reason to believe that association has occurred with H5/H7 LPAI or 
vectors of H5/H7 LPAI, as determined by the Cooperating State Agency and 
confirmed by APHIS.
    H5/H7 LPAI virus infection (infected). Poultry will be considered to 
be infected with H5/H7 LPAI for the purposes of this part if:
    (1) H5/H7 LPAI virus has been isolated and identified as such from 
poultry; or
    (2) Viral antigen or viral RNA specific to the H5 or H7 subtype of 
AI virus has been detected in poultry; or
    (3) Antibodies to the H5 or H7 subtype of the AI virus that are not 
a consequence of vaccination have been detected in poultry. If vaccine 
is used, methods should be used to distinguish vaccinated birds from 
birds that are both vaccinated and infected. In the case of isolated 
serological positive results, H5/H7 LPAI infection may be ruled out on 
the basis of a thorough epidemiological investigation that does not 
demonstrate further evidence of H5/H7 LPAI infection.
    Meat-type chicken. A domesticated chicken grown for the primary 
purpose of producing meat including but not limited to broilers, 
roasters, fryers, and cornish.
    Meat-type turkey. A domesticated turkey grown for the primary 
purpose of producing meat.
    Mortgage. Any mortgage, lien, or other security or beneficial 
interest held by any person other than the one claiming indemnity for 
the destruction of poultry or eggs due to H5/H7 LPAI.
    Official appraiser (APHIS official appraiser, State official 
appraiser). A person authorized by APHIS to appraise poultry for the 
purposes of this part. A State official appraiser is selected by a State 
and authorized by APHIS.
    Official State Agency. The State authority recognized by the 
Department to cooperate in the administration of the Plan.
    Plan. The provisions of the National Poultry Improvement Plan 
contained in parts 145, 146, and 147 of this chapter.
    Poultry. Domesticated fowl, including chickens, turkeys, ostriches, 
emus, rheas, cassowaries, waterfowl, and game birds, except doves and 
pigeons, which are bred for the primary purpose of producing eggs or 
meat.
    Secretary. The Secretary of the United States Department of 
Agriculture, or any officer or employee of the Department delegated to 
act in the Secretary's stead.
    State. Any of the States, the District of Columbia, the Commonwealth 
of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, 
the Virgin Islands of the United States, or any territory or possession 
of the United States.
    Table-egg layer. A domesticated chicken grown for the primary 
purpose of producing eggs for human consumption.
    United States. All of the States.