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subdivision thereof, who is authorized by such State or political subdivision to perform the function involved.

(1) Accredited veterinarian. A veterinarian specifically approved by the United States Department of Agriculture to perform the function involved.

(28 F.R. 5962, June 13, 1963, as amended at 29 F.R. 14490, Oct. 22, 1964]

§ 82.2 General restrictions.

Poultry affected with psittacosis or ornithosis, and carcasses, parts and offal of such poultry, shall not be moved interstate for any purpose.

§ 82.3 Cleaning and disinfecting

hicles, premises, and accessories.

supervision and facilities are available and there be cleaned and disinfected.

(c) Coops, containers, troughs, and other accessories used in the handling of an intrastate movement of poultry affected with psittacosis or ornithosis shall not be moved interstate until such accessories have been cleaned and disinfected under the supervision of a Federal inspector, a State inspector, or an accredited veterinarian, with a permitted disinfectant specified in §§ 71.10 and 71.11 of this subchapter.

PART 83-DUCK VIRUS ENTERITIS. (DUCK PLAGUE)

ve

Sec.

83.1

83.2

(a) Railroad cars, boats, trucks, and other vehicles, and yards and other premises, which have contained poultry affected with psittacosis or ornithosis shall be cleaned and disinfected in accordance with the provisions of §§ 71.4 through 71.11 of this subchapter: Provided, however, That such vehicles, and yards and other premises, may be cleaned and disinfected under the supervision of a Federal inspector, a State inspector, or an accredited veterinarian: And provided, further, That if such supervision or proper cleaning and disinfection facilities are not available at the point where the poultry is unloaded, upon permission first received from the Division, such a vehicle may be forwarded to a point at which such supervision and facilities are available and there be cleaned and disinfected.

(b) Coops, containers, troughs, and other accessories used in the handling of an interstate movement of poultry affected with psittacosis or ornithosis shall be cleaned and disinfected as soon as possible thereafter and before such accessories are moved from the point of unloading. Such cleaning and disinfecting shall be done under the supervision of a Federal inspector, a State inspector, or an accredited veterinarian, with a permitted disinfectant specified in §§ 71.10 and 71.11 of this subchapter. If such supervision or proper cleaning and disinfection facilities are not available at the point where the poultry is unloaded, upon permission first received from the Division, such an accessory may be forwarded to a point at which such

83.3

83.4

83.5

83.6

83.7

83.8

83.9

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Approval and maintenance of source flocks.

Approval of hatcheries.

Termination of approval of flocks and hatcheries.

83.10 Cleaning and disinfection.

AUTHORITY: The provisions of this Part 88 issued under secs. 1 and 2, 32 Stat. 791 and 792, as amended, secs. 4, 5, 6, and 7, 23 Stat. 32, as amended, secs. 1 and 3, 33 Stat. 1264 and 1265, as amended, sec. 3, 76 Stat. 130; 21 U.S.C. 111, 112, 113, 115, 117, 120, 123, 125, 134b. 29 F.R. 16210, as amended, 30 F.R. 5799, as amended.

SOURCE: The provisions of this Part 83 appear at 32 F.R. 7012, May 9, 1967, unless otherwise noted.

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whom authority has heretofore been delegated or may hereafter be delegated to act in his stead.

(d) Federal Inspector: An inspector of the Agricultural Research Service, U.S. Department of Agriculture, responsible for the performance of the functions involved.

(e) State Inspector: An inspector regularly employed in livestock sanitary work of a State or political subdivision thereof, and who is authorized by such State or political subdivision to perform the functions involved.

(f) Accredited Veterinarian: A veterinarian approved by the U.S. Department of Agriculture to perform the functions involved.

(g) State: Any State, Territory, the District of Columbia or Puerto Rico.

(h) Interstate: From one State into or through any other State.

(i) Quarantined area: A State or area quarantined under this part because of duck virus enteritis.

(j) Nonquarantined area: Any State or area not quarantined under this part because of duck virus enteritis.

(k) Domestic waterfowl: Ducks, geese, swans, and other waterfowl of all ages in captivity.

(1) Duckling: An unfed newly hatched duck.

(m) Domestic waterfowl products: Eggs, feathers, manure, carcasses, parts thereof, or offal derived from domestic waterfowl in a quarantined area.

(n) Duck virus enteritis: The contagious, infectious, and communicable disease of waterfowl, also known as duck plague.

(0) Approved source flock: A flock of domestic waterfowl approved in accordance with § 83.7.1

(p) Approved hatchery: A domestic waterfowl hatchery approved in accordance with § 83.8.1

(q) Nonapproved flock: A flock of domestic waterfowl in a quarantined area which does not meet the requirements of § 83.7.

1 Names of approved domestic waterfowl source flocks and approved hatcheries may be obtained from the Director, Animal Health Division, Agricultural Research Service, Hyattsville, Md. 20782, upon request.

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(a) Notice is hereby given that the contagion of duck virus enteritis exists in Suffolk County in the State of New York and that live poultry in that county are affected with said disease. Therefore, Suffolk County is hereby quarantined.

(b) Further notice is also hereby given that the contagion of duck virus enteritis exists on the premises of the Patuxent Wildlife Research Center, U.S. Department of the Interior, located at Laurel, Md., in Prince George's and Anne Arundel Counties of the State of Maryland, and that live poultry on such premises are affected with said disease. Therefore, the premises of the Patuxent Wildlife Research Center, Laurel, Md., are hereby quarantined.

[33 F.R. 14284, Aug. 21, 1968]

§ 83.3 Notice of regulations.

Notice is hereby given that in order to more effectually suppress and extirpate duck virus enteritis, to prevent the spread thereof, and to protect the domestic waterfowl industry of the United States, the regulations in this part are promulgated.

§ 83.4 Interstate movement of affected or exposed domestic waterfowl and products thereof prohibited.

Domestic waterfowl affected with or exposed to duck virus enteritis and domestic waterfowl products derived from such affected or exposed waterfowl may not be moved interstate for any purpose. A bird shall be deemed to be exposed to duck virus enteritis within the meaning of this part if it was in a flock in which any bird was affected with the disease or if it was otherwise in contact with an affected bird within the preceding 10 days.

§ 83.5 Interstate movement of domestic waterfowl, products thereof, and related articles from quarantined area restricted.

Domestic waterfowl, domestic waterfowl products, and feed bags shall not be moved interstate from any quarantined area except in accordance with the provisions of this section. Authorization for such movement under such provisions does not excuse compliance with other applicable Federal or State laws or § 83.4. (a) Newly hatched domestic waterfowl. Ducklings or newly hatched domestic waterfowl of other species may be moved interstate from a quarantined area if they originate in approved source flocks, were hatched in approved hatcheries, and are certified by a State or Federal inspector as meeting these requirements.

(b) Other domestic waterfowl. Domestic waterfowl, other than newly hatched domestic waterfowl, may be moved interstate from a quarantined area if they (1) originate from an approved source flock; (2) were hatched in an approved hatchery or under natural conditions on the farm of origin; (3) have been maintained in confinement isolated from other waterfowl on the premises of origin for 30 days prior to movement; and (4) have been subjected to test(s) for duck virus enteritis approved by the Director of Division and determined to be negative. Materials for such test(s), shall be collected by a State or Federal inspector or an accredited veterinarian. The test shall be conducted in a State or Federal laboratory or other laboratory specifically designated by the Director.

(c) Carcasses and parts of domestic waterfowl. Eviscerated carcasses of domestic waterfowl processed, inspected and passed at federally inspected slaughtering establishments located within a quarantined area may be moved interstate without further restriction under this part.

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moved interstate under this part if they have been heated throughout to a temperature of not less than 140° F. for not less than 10 minutes, or have been heated according to a method specifically approved by the Director of Division. Offal, feathers, and manure derived from approved source flocks may be moved interstate without restriction under this part.

(e) Feed bags. Feed bags used on premises where nonapproved flocks of domestic waterfowl are maintained may be moved interstate from a quarantined area if they have been heated throughout to a temperature of not less than 140° F. for not less than 10 minutes, or heated according to a method specifically approved by the Director of Division. Other feed bags may be moved interstate without restrictions under this part. [33 F.R. 11899, Aug. 22, 1968]

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§ 83.7 Approval and maintenance of source flocks.

(a) A breeding flock of domestic waterfowl may be designated an approved source flock by the Director of Division after a period of 60 days during which the flock has been under the supervision of a Federal or State inspector, if:

(1) No evidence of duck virus enteritis has even been known to exist in domestic waterfowl located on the premises at the time of approval.

(2) The flock has been hatched from eggs originating from breeder flocks not known to be affected with duck virus enteritis, and the flock to be designated an approved source flock has been subjected to appropriate laboratory testing for duck virus enteritis and found to be negative.

(3) The flock has been maintained free from exposure to duck virus en

teritis, has never been vaccinated with a live duck virus enteritis agent, and has not been exposed to waterfowl vaccinated with such an agent.

(4) Flock records including egg production and mortality are available for inspection by State or Federal inspectors.

(5) All waterfowl in the flock that die during a 24-hour period specified by the inspector each week are submitted to an approved laboratory for examination and do not show pathological lesions of duck virus enteritis.

(6) At any time three or more waterfowl in the flock die within a 24-hour period, they are submitted to an approved laboratory for examination and do not show pathological lesions of duck virus enteritis.

(7) A representative sample of live or dead 10-day embryos from each setting of eggs originating in the flock is examined and no virus of duck virus enteritis is detected.

(b) A flock of commercial (market) domestic waterfowl may be designated an approved source flock by the Director of Division if:

(1) No evidence of duck virus enteritis has ever been known to exist in domestic waterfowl located on the premises at the time of approval.

(2) The flock has been hatched from eggs originating from breeder flocks not known to be affected with duck virus enteritis, and the flock to be designated an approved source flock has been subjected to appropriate laboratory testing for duck virus enteritis and found to be negative.

(3) The flock has been maintained free from exposure to duck virus enteritis under the supervision of a State or Federal inspector.

(4) Flock records on mortality since hatching are available for inspection by State or Federal inspectors.

(5) All waterfowl in the flock that die during a 24-hour period specified by the inspector each week are submitted to an approved laboratory for examination and do not show pathological lesions of duck virus enteritis.

(6) At any time three or more waterfowl in the flock die within a 24-hour period, they are submitted to an approved laboratory for examination and

do not show pathological lesions of duck virus enteritis.

(7) A representative sample of live or dead 10-day-old embryos from the setting of eggs from which the flock was established is examined and no virus of duck virus enteritis is detected.

(c) Maintenance of approved status: A breeding or commercial domestic waterfowl flock which has been designated an approved source flock by the Director of Division shall retain such status so long as the applicable provisions of paragraphs (a) and (b) of this section are complied with under the supervision of a State or Federal inspector. [32 F.R. 8078, June 6, 1967, as amended at 33 F.R. 5942, Apr. 18, 1968; 33 F.R. 6462, Apr. 27, 1968; 33 F.R. 15108, Oct. 10, 1968]

§ 83.8 Approval of hatcheries.

A domestic waterfowl hatchery may be designated an approved hatchery by the Director of Division if:

(a) The hatchery is maintained and operated in accordance with requirements specified in 9 CFR 147.33, and in such manner as to prevent the transmission of duck virus enteritis under the surveillance of a State or Federal inspector.

(b) Records identifying all eggs hatched as to source, fertility, and hatchability, and records of all shipments from the hatchery are maintained, and such records are made available for inspection by State or Federal inspectors as deemed necessary by the Director of Division.

(c) Only eggs from approved source flocks are hatched on the premises. Notwithstanding this provision, however, until July 15, 1967, eggs originating in nonapproved flocks in the process of qualifying as approved source flocks in accordance with § 83.7 may be hatched in such hatcheries.

(d) Ten-day embryos are made available for testing for virus isolation as required for approving and maintaining approved source flocks.

[32 F.R. 7012, May 9, 1967, as amended at 32 F.R. 8079, June 6, 1967]

§ 83.9 Termination of approval of flocks and hatcheries.

Whenever it is determined by a State or Federal inspector that a domestic waterfowl flock or a hatchery which has

Sec.

89.1

89.2

Amount of feed.

been approved under the provisions of PART 89-STATEMENT OF POLICY § 83.7 or § 83.8 no longer meets the reUNDER THE TWENTY-EIGHT HOUR quirements of such provisions for such LAW approval, he shall terminate such approval by giving notice thereof to the owner of the flock or hatchery involved. Prior to making any such determination, he shall inform the owner of his proposed action and the reasons therefor and afford the owner opportunity to present his views with respect to the proposed action. § 83.10 Cleaning and disinfection.

Cars, trucks, and other vehicles, coops. containers, and other facilities used in connection with the interstate shipment of domestic waterfowl affected with or exposed to duck virus enteritis or domestic waterfowl products derived from such affected or exposed waterfowl shall be cleaned and disinfected in accordance with provisions of §§ 71.4-71.11 of this subchapter, or with a 3-percent solution of cresol compound U.S.P.

Two or more feedings at same station. 89.3 Feeding, watering, and resting livestock in the car.

89.4

89.5

Watering.

Feeding pens.

AUTHORITY: The provisions of this Part 89 issued under 34 Stat. 607; 45 U.S.C. 71-74; 19 F.R. 74, as amended.

SOURCE: The provisions of this Part 89 appear at 28 F.R. 5967, June 13, 1963, unless otherwise noted.

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The requirements set forth the sustaining rations for a full load of livestock in a railroad car 40 feet in length The requirements for a full load of livestock in railroad cars of different sizes should be modified proportionately. i.e., a load of livestock transported in a car 50 feet in length would require an additional 25 percent of feed or 2.5 percent for each additional foot of car over 40 feet.

Or the equivalent in other suitable feed. Dairy calves too young to eat hay or grain, or shipped without their dams, should be given a sufficient amount of prepared calf feed, milk, raw eggs, or other suitable feed. All feed should be of good quality.

(b) When the owner of a consignment of livestock desires that they be fed larger amounts of feed than those designated in paragraph (a) of this section for the particular kind and quantity of livestock, or the carrier believes that they should be fed larger amounts, the amounts to be fed should be agreed upon, if practicable, by the owner and the carrier at the time the animals are offered for shipment.

(c) When emergency conditions arise, such as severe changes in the weather,

which increase the rigors of transportation, the livestock should receive amounts of feed, additional to those designated in paragraph (a) of this section, sufficient to sustain them until they arrive at the next feeding station or destination.

(d) When the movement of livestock is delayed en route so that the period of their confinement in the cars materially exceeds that specified by the Twenty-Eight Hour Law, the livestock

99-125-69- -8

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