Rule2025-19017
National Poultry Improvement Plan and Auxiliary Provisions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 30, 2025
Effective
October 30, 2025
Issuing agencies
Agriculture DepartmentAnimal and Plant Health Inspection Service
Abstract
We are amending the regulations governing the National Poultry Improvement Plan (NPIP). These amendments, among other things, condition indemnity for low pathogenicity avian influenza on adherence to biosecurity plans, clarify existing provisions of the regulations, fix editorial errors, and align the regulations more closely with current producer practices. These changes were voted on and approved by the voting delegates at the NPIP's 2022 National Plan Conference.
Full Text
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<title>Federal Register, Volume 90 Issue 187 (Tuesday, September 30, 2025)</title>
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[Federal Register Volume 90, Number 187 (Tuesday, September 30, 2025)]
[Rules and Regulations]
[Pages 46741-46748]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19017]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 90, No. 187 / Tuesday, September 30, 2025 /
Rules and Regulations
[[Page 46741]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 56, 145, 146, and 147
[Docket No. APHIS-2022-0056]
RIN 0579-AE74
National Poultry Improvement Plan and Auxiliary Provisions
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations governing the National Poultry
Improvement Plan (NPIP). These amendments, among other things,
condition indemnity for low pathogenicity avian influenza on adherence
to biosecurity plans, clarify existing provisions of the regulations,
fix editorial errors, and align the regulations more closely with
current producer practices. These changes were voted on and approved by
the voting delegates at the NPIP's 2022 National Plan Conference.
DATES: Effective October 30, 2025.
FOR FURTHER INFORMATION CONTACT: Dr. Elena Behnke, National Poultry
Improvement Plan, VS, APHIS, USDA, 1506 Klondike Road, Suite 301,
Conyers, GA 30094-5104; (770) 922-3496.
SUPPLEMENTARY INFORMATION:
Background
The National Poultry Improvement Plan (NPIP, also referred to below
as ``the Plan'') is a cooperative Federal-State-industry mechanism for
controlling certain poultry diseases. The Plan consists of a variety of
programs intended to prevent and control poultry diseases.
Participation in all Plan programs is voluntary, but breeding flocks,
hatcheries, and dealers must first qualify as ``U.S. Pullorum-Typhoid
Clean'' as a condition for participating in the other Plan programs.
The Plan identifies States, independent flocks, hatcheries,
dealers, and slaughter plants that meet certain disease control
standards specified in the Plan's various programs. As a result,
customers can buy poultry that has tested clean of certain diseases or
that has been produced under disease-prevention conditions.
The regulations in 9 CFR parts 56, 145, 146, and 147 (referred to
below as ``the regulations'') contain the provisions of the Plan. The
Animal and Plant Health Inspection Service (APHIS) amends these
provisions from time to time to incorporate new scientific information
and technologies within the Plan, and to ensure the plan reflects
changes to the poultry industry itself.
On June 11, 2024, we published in the Federal Register (89 FR
49107-49118, Docket No. APHIS-2022-0056) a proposal \1\ to amend the
regulations by updating and clarifying several provisions, including
those concerning NPIP participation, voting requirements, testing
procedures, and standards.
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\1\ To view the proposed rule, supporting documents, and the
comments we received go to <a href="http://www.regulations.gov">www.regulations.gov</a>. Enter APHIS-2022-
0056 in the Search field.
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We solicited comments concerning our proposal for 60 days ending
August 12, 2024. We received eight comments by that date. The comments
were from three private citizens, a State department of agriculture, an
organization representing turkey production within the United States,
an organization representing egg production within the United States,
an organization representing State agricultural interests, and an
industry group.
Two commenters supported the rule, and one was generally opposed.
Other commenters did not articulate an opinion regarding the rule
overall but commented on various provisions.
We discuss the comments that we received below, by topic.
General Opposition
One commenter asserted that the proposed rule is excessive, would
prove impracticable for domestic producers, and would result in greater
importation of foreign poultry products.
The commenter provided no evidence in support of these contentions.
The provisions of the proposed rule were largely voluntary and were
advanced by the industry itself at the NPIP's 2022 National Plan
Conference as being in the industry's best interests.
Comment Regarding Alternative Requirements for Breeders
One commenter suggested that a number of certifications for
breeders were cost-prohibitive for small-scale rare and exhibition bird
breeders. Specifically, the commenter stated that it could adhere to
the testing requirements for U.S. Pullorum Typhoid (PT) clean status,
but other certifications for highly pathogenic avian influenza (HPAI)
involved cost-prohibitive testing. However, the commenter stated that
it had a ``closed flock,'' that did not augment the flocks through
external additions but solely through on-site farm breeding. Based on
its understanding of the relevant data, the commenter stated that there
was little evidence of vertical transmission of HPAI from hatching eggs
to adult birds in such closed production systems. The commenter
inquired if we would consider regulatory revisions to clarify that
small-scale rare and exhibition bird hatching eggs present a low risk
of HPAI transmission.
The commenter claimed difficulty obtaining testing materials due to
limited availability from a single manufacturer. The commenter
suggested adding regulations that offer options that allow more
flexibility when the supply of testing materials is low to reduce
breeder burden.
The only prerequisite for NPIP participation is the Pullorum
Typhoid (PT) Clean classification. Additional classifications such as
HPAI testing and its related costs are voluntary. With regard to the
regulatory revisions suggested by the commenter, Sec. 147.44 of the
regulations sets forth a submission process for proposed changes to the
regulations. Under the terms of that section, under ordinary
circumstances, proposals for changes to the regulations should go
through the Biennial Conference for consideration, and should be
submitted at least 150 days prior to the meeting, with allowance for
proposals submitted closer to the date of the meeting to be
entertained. Outside of this process, the NPIP General Conference
Committee (GCC) may recommend changes to the regulations
[[Page 46742]]
when postponing the changes until the next Biennial Conference would
seriously impair the operation of NPIP. APHIS may initiate changes of
our own accord if we determine them to be necessary and in the public
interest. We do not consider it in the public interest to obviate the
process set forth in Sec. 147.44 of the regulations to initiate the
changes suggested by the commenter. As a result, we encourage the
commenter to submit the suggested changes through the process set forth
in Sec. 147.44 of the regulations.
The commenter also stated that online marketplaces were functioning
as a means of circumventing regulations governing the shipment of
hatching eggs.
This concern is outside the scope of the regulations and the
jurisdiction of NPIP.
Comments Regarding Biosecurity Plans
9 CFR part 56 contains our regulations governing the payment of
indemnity for low pathogenicity avian influenza (LPAI). The regulations
currently require States to maintain initial State response and
containment plans (ISRCPs) in order for producers in the State to be
eligible for indemnity and/or compensation for 100 percent of eligible
costs under the regulations. The regulations further require that each
ISRCP must contain a minimum biosecurity plan to be followed by all
producers in the State. In our proposed rule, we proposed to clarify
that the biosecurity plan is not required for producers below size
thresholds for inclusion in the NPIP. However, we also proposed
revising the ISRCP requirements to require States to determine that the
biosecurity plans are in place and being followed and to require States
to audit the plans to ensure that the plans are in compliance with the
NPIP Program Standards.
Two commenters addressed our proposed requirement to have States
ensure that biosecurity plans are in place and being followed. First,
they suggested voluntary versus mandatory biosecurity plans for flocks
in ISRCP due to the lack of resources to enforce such requirements.
Although we understand the limited resources noted by the
commenters, as we stated in the proposed rule, the regulations already
require that ISRCPs include a minimum biosecurity plan followed by all
poultry producers. Our proposed regulatory revisions were to ensure
that this existing ISRCP requirement, which has been in effect since
2006, is, in fact, being carried out and producers in the State are in
fact following the minimum biosecurity plan. As we noted in the 2006
interim rule that established the requirement (71 FR 56302-56333,
Docket No. APHIS-2005-0109), producer biosecurity plans are a necessary
component for APHIS to have confidence that a State is fully capable of
determining whether H5/H7 LPAI is present in flocks that participate in
NPIP within the State and taking action to respond to any outbreaks of
LPAI that may occur within the State.
While APHIS is committed to working with Official State Agencies
(OSAs) to lessen enforcement burden, the above comments suggest States
were not enforcing the requirement. This underscores, rather than
undermines, the need for the regulatory revisions in the proposed rule.
One commenter expressed concerns regarding farm auditing of
biosecurity plans. The commenter inquired about provisions for
situations (e.g. outbreaks, lack of resources, etc.) when conducting
on-site farm audits would not be possible.
We acknowledge that historically, biosecurity audits for both HPAI
and LPAI have been paper-based, and evaluated a producer's biosecurity
plans against the biosecurity principles contained in NPIP Program
Standard E at least once every two years in order to review
documentation and ensure biosecurity compliance. However, while a
December 2024 interim rule (89 FR 106981-106996, Docket No. APHIS-2023-
0088) revised our HPAI indemnity regulations to require on-premises
biosecurity audits for certain producers as a condition of
indemnification, APHIS will continue to use paper-based audits within
the context of its LPAI indemnity regulations.
APHIS believes that continued use of paper-based audits for LPAI is
justified. HPAI, unlike LPAI, is a foreign animal disease with a high
mortality rate. Accordingly, the goals for biosecurity plans within the
two programs differ. As stated above, within APHIS' LPAI control
program, producer biosecurity plans are a necessary component for APHIS
to have confidence that a State is fully capable of determining whether
H5/H7 LPAI is present in flocks that participate in NPIP within the
State and taking action to respond to any outbreaks of LPAI that may
occur within the State. Within the context of the HPAI program,
biosecurity plans are necessary to ensure that all possible sources of
introduction of HPAI onto a premises are addressed and mitigated. The
former effort can be conducted through paper-based audits, the latter
effort cannot.
Comments Regarding Program Standard E
As we mentioned above, Program Standard E in the NPIP Program
Standards articulates biosecurity principles that are used both within
the context of APHIS' HPAI and LPAI control programs. Two commenters
stated that the principles in Program Standard E are widely used within
NPIP as both the template for producer biosecurity plans and as the
baseline for checklists used by OSAs in order to evaluate those plans,
and that changes to Program Standard E could have cascading
implications.
We understand the commenters' concerns, however, the changes to
Program Standard E that we proposed were not to the principles listed
in that standard and as such, the commenters' concerns are outside the
scope of this rule.
Timelines and Publishing Recommendations
One commenter noted that Sec. 147.48 of the regulations requires
APHIS to publish the recommendations of an NPIP Biennial Conference in
the Federal Register within 14 months following the Biennial
Conference, and pointed out that this did not occur with the proposed
rule. The commenter indicated that a practical ramification of the
delayed publication of the proposed rule was that the 2022
recommendations had not been codified prior to the submission date for
regulatory changes for the 2024 Biennial Conference. The commenter
stated that this created logistical challenges because the status of
the 2022 Biennial Conference recommendations was not yet known at the
time of the submission deadline. The commenter exhorted APHIS to adhere
to the 14-month deadline in the future to avoid such complications
going forward and expressed concerns regarding the regulations
pertaining to publication within a 14-month timeframe for conference
recommendations in the Federal Register. First, the commenter
emphasized the significance of timeliness for the proper review,
approval, and circulation of NPIP provisions prior to the next NPIP
Biennial Conference proposal submission deadline. Then, the commenter
discussed practical challenges faced by the GCC when the
recommendations are not published before the Biennial Conference
including a slower rate of accepting proposal changes for future
regulatory revisions when the fate of previous recommendations remained
unknown.
[[Page 46743]]
In short, the commenter urged the prioritization of any 2024 NPIP
Biennial Conference recommendation reviews to assist with efficiency.
We recognize the commenter's concerns regarding the timeliness of
the proposed rule, and will strive to adhere to the 14-month deadline
going forward. However, factors outside of the Agency's control can
influence publication timelines. For example, the 2022-2024 HPAI
outbreak in poultry was the largest animal health emergency in U.S.
history and required widespread and prolonged deployment of APHIS
personnel with avian health experience.
Lastly, upon review of the proposed rule, we have identified some
minor typographical and syntactical errors within its regulatory text.
In this rule, we have corrected them to ensure the regulatory text is
accurate and reflects Agency intent.
Therefore, for the reasons given, we are adopting the proposed rule
as a final rule, with the changes noted above.
Executive Orders 12866 and Regulatory Flexibility Act
This final rule has been determined to be not significant for the
purposes of Executive Order 12866 and, therefore, has not been reviewed
by the Office of Management and Budget. Further, because this rule is
not significant, it is not a regulatory action under Executive Order
14192.
This rulemaking will result in various changes to regulations in 9
CFR parts 56, and 145 through 147, modifying provisions of the NPIP.
The modifications were recommended by the NPIP General Conference
Committee (GCC), which represents cooperating State agencies and
poultry industry members and advises the Secretary on issues pertaining
to poultry health. These amendments will, among other things, condition
indemnity for LPAI on adherence to biosecurity plans, clarify existing
provisions of the regulations, fix editorial errors, and align the
regulations more closely with current producer practices.
The establishments affected by this rulemaking--principally
entities engaged in poultry production and processing--are
predominantly small by Small Business Administration standards. In
those instances in which an addition or modification potentially
results in a cost to certain entities, we do not expect the costs to be
significant. This rule embodies changes decided upon by the NPIP GCC on
behalf of Plan members, that is, changes recognized by the poultry
industry as in their interest. We note that NPIP membership is
voluntary.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action, if
promulgated, will not have a significant economic impact on a
substantial number of small entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 2 CFR chapter IV.)
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule: (1) Preempts all State and local laws
and regulations that are in conflict with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the reporting, recordkeeping, and
third-party disclosure requirements described in this final rule are
currently approved by the Office of Management and Budget (OMB) under
OMB control numbers 0579-0007 and 0579-0440.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this notice, please contact <a href="/cdn-cgi/l/email-protection#0647564e4f5528565447467375626728616970"><span class="__cf_email__" data-cfemail="6f2e3f27263c413f3d2e2f1a1c0b0e41080019">[email protected]</span></a>.
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs has designated this
action as a rule that is not a major rule, as defined by 5 U.S.C.
804(2).
List of Subjects
9 CFR Part 56
Animal diseases, Indemnity payments, Low pathogenic avian
influenza, Poultry.
9 CFR Parts 145, 146, and 147
Animal diseases, Poultry and poultry products, Reporting and
recordkeeping requirements.
Accordingly, we are amending 9 CFR parts 56, 145, 146, and 147 as
follows:
PART 56--CONTROL OF H5/H7 LOW PATHOGENIC AVIAN INFLUENZA
0
1. The authority citation for part 56 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
0
2. Amend Sec. 56.1 as follows:
0
a. By adding in alphabetical order a definition for ``National Poultry
Improvement Plan (NPIP) Program Standards''; and
0
b. By revising the definition for ``Virus elimination (VE)''.
The addition and revision read as follows:
Sec. 56.1 Definitions.
* * * * *
National Poultry Improvement Plan (NPIP) Program Standards. A
document that contains tests and sanitation procedures approved by the
Administrator pursuant to Sec. 147.53 of this chapter. This document
may be obtained from the National Poultry Improvement Plan website at
<a href="https://www.poultryimprovement.org/">https://www.poultryimprovement.org/</a> or by writing to the Service at
National Poultry Improvement Plan, APHIS, USDA, 1506 Klondike Road,
Suite 301, Conyers, GA 30094.
* * * * *
Virus elimination (VE). Cleaning and disinfection or other measures
conducted to destroy or eliminate all AI virus on the premises.
0
3. Amend Sec. 56.2 by adding an OMB citation at the end of the section
to read as follows:
Sec. 56.2 Cooperation with States.
* * * * *
(Approved by the Office of Management and Budget under control number
0579-0440)
0
4. Amend Sec. 56.3 by revising paragraphs (a)(3) and (b) and adding an
OMB citation at the end of the section to read as follows:
Sec. 56.3 Payment of indemnity and/or compensation.
(a) * * *
(3) Virus elimination (VE) measures taken on premises, conveyances,
and materials that came into contact with poultry that were infected
with or exposed to H5/H7 LPAI; or, in the case of materials, if the
cost of the VE measures would exceed the value of the
[[Page 46744]]
materials or the VE measures would be impracticable for any reason, the
destruction and the disposal of the materials.
(b) Percentage of costs eligible for indemnity and/or compensation.
The Administrator is authorized to pay 100 percent of the costs
eligible for indemnity and/or compensation, as determined in accordance
with Sec. 56.4, of the activities described in paragraphs (a)(1)
through (3) of this section, provided that the conditions in paragraph
(b)(1) or (2) of this section apply. For infected or exposed poultry
that are not described in the categories below, the Administrator is
authorized to pay 25 percent of the costs eligible for indemnity and/or
compensation of the activities described in paragraphs (a)(1) through
(3) of this section:
(1)(i) The poultry are from:
(A) A commercial table-egg laying premises with at least 75,000
birds; or
(B) A meat-type chicken slaughter plant that slaughters at least
200,000 meat-type chickens in an operating week; or
(C) A meat-type turkey slaughter plant that slaughters at least 2
million meat-type turkeys in a 12-month period; or
(D) A meat-type game bird and waterfowl slaughter plant that
slaughters at least 50,000 birds annually; or
(E) A raised-for-release game bird premises, raised-for-release
waterfowl premises, and egg-type game bird or waterfowl producing eggs
for human consumption premises that raise at least 25,000 birds
annually and have at least 5,000 birds onsite; or
(F) A breeder flock premises with at least 5,000 birds; and
(ii) The breeding flock, commercial flock, or slaughter plant
participates in the U.S. Avian Influenza Clean, H5/H7 Avian Influenza
Clean, or U.S. H5/H7 Avian Influenza Monitored program of the Plan
available to the flock in part 145 or 146 of this chapter; and
(iii) The owner of the poultry or eggs, and, if applicable, any
party that enters into a contract with the owner to grow or care for
the poultry or eggs, had in place and was following a biosecurity plan
that was in compliance with biosecurity principles approved by the
Administrator (within the National Poultry Improvement Plan (NPIP)
Program Standards, Standard E pertains to Biosecurity Principles) and
has been audited by the Official State Agency to ensure that the
biosecurity plan is in compliance at the time of detection of H5/H7
LPAI; or
(2) The flock does not meet the size requirements as described in
paragraph (b)(1) of this section, regardless of whether the infected or
exposed poultry participate in the Plan.
(3) The Administrator is authorized to pay 25 percent of the costs
eligible for indemnity and/or compensation, as determined in accordance
with Sec. 56.4, of the activities described in paragraphs (a)(1)
through (3) of this section, for flocks that:
(i) Do not meet the conditions described in paragraph (b)(1) or (2)
of this section; or
(ii) Are located in a State that does not participate in the
diagnostic surveillance program for H5/H7 LPAI, as described in Sec.
146.14 of this chapter, or that does not have an initial State response
and containment plan for H5/H7 LPAI that is approved by APHIS under
Sec. 56.10, unless such poultry participate in the Plan with another
State that does participate in the diagnostic surveillance program for
H5/H7 LPAI, as described in Sec. 146.14 of this chapter, and has an
initial State response and containment plan for H5/H7 LPAI that is
approved by APHIS under Sec. 56.10 surveillance program for H5/H7
LPAI, as described in Sec. 146.14 of this chapter, or that does not
have an initial State response and containment plan for H5/H7 LPAI that
is approved by APHIS under Sec. 56.10, unless such poultry participate
in the Plan with another State that does participate in the diagnostic
surveillance program for H5/H7 LPAI, as described in Sec. 146.14 of
this chapter, and has an initial State response and containment plan
for H5/H7 LPAI that is approved by APHIS under Sec. 56.10.
* * * * *
(Approved by the Office of Management and Budget under control number
0579-0440)
0
5. Amend Sec. 56.4 by revising the OMB citation at the end of the
section to read as follows:
Sec. 56.4 Determination of indemnity and/or compensation amounts.
* * * * *
(Approved by the Office of Management and Budget under control numbers
0579-0007 and 0579-0440)
0
6. Amend Sec. 56.5 as follows:
0
a. By redesignating paragraphs (c)(1)(ii) to (iv) as paragraphs
(c)(1)(iii) to (v), respectively, and adding a new paragraph
(c)(1)(ii);
0
b. By revising newly redesignated paragraph (c)(1)(iv); and
0
c. By adding an OMB citation at the end of the section.
The additions and revision read as follows:
Sec. 56.5 Destruction and disposal of poultry and cleaning and
disinfection (virus elimination) of premises, conveyances, and
materials.
* * * * *
(c) * * *
(1) * * *
(ii) Poultry will be monitored daily for the development of
additional and/or increased severity of clinical signs with scheduled
flock observation, tracking, and recording flock(s) mortality, taking
action as directed by the Official State Agency.
* * * * *
(iv) Routes to slaughter must avoid other commercial poultry
operations whenever possible. All load-out equipment, trailers, and
trucks used on the premises that have housed poultry that were infected
with or exposed to H5/H7 LPAI must undergo virus elimination procedures
and not enter other poultry premises or facilities for 48 hours after
the virus elimination procedures have been completed.
* * * * *
(Approved by the Office of Management and Budget under control number
0579-0440)
0
7. Amend Sec. 56.6 by revising the OMB citation at the end of the
section to read as follows:
Sec. 56.6 Presentation of claims for indemnity and/or compensation.
* * * * *
(Approved by the Office of Management and Budget under control numbers
0579-0007 and 0579-0440)
0
8. Revise and republish Sec. 56.10 to read as follows:
Sec. 56.10 Initial State response and containment plan.
(a) In order for poultry owners within a State to be eligible for
indemnity and/or compensation for 100 percent of eligible costs under
Sec. 56.3(b), the State in which the poultry participate in the Plan
must have in place an initial State response and containment plan that
has been approved by APHIS. The initial State response and containment
plan must be developed by the Official State Agency. In States where
the Official State Agency is different than the Cooperating State
Agency, the Cooperating State Agency must also participate in the
development of the initial State response and containment plan. The
initial State response and containment plan must be administered by the
Cooperating State Agency of the relevant State. This response and
containment plan must include:
(1) Provisions for a standing emergency disease management
[[Page 46745]]
committee, regular meetings, and exercises, including coordination with
any tribal governments that may be affected;
(2) A biosecurity plan for poultry owners based on their flock size
as stated in Sec. 56.3 and, if applicable, any party that enters into
a contract with the owner to grow or care for the poultry or eggs that
had in place and was following a biosecurity plan that was audited by
the Official State Agency to ensure that the biosecurity plan was in
compliance according to the Program Standards, Standard E pertaining to
the Biosecurity Principles as approved by the Administrator;
(3) Provisions for adequate diagnostic resources;
(4) Detailed, specific procedures for initial handling and
investigation of suspected cases of H5/H7 LPAI;
(5) Detailed, specific procedures for reporting test results to
APHIS. These procedures must be developed after appropriate
consultation with poultry producers in the State and must provide for
the reporting only of confirmed cases of H5/H7 LPAI in accordance with
Sec. 146.13 of this chapter;
(6) Detailed, strict quarantine measures for presumptive and
confirmed index cases;
(7) Provisions for developing flock plans for infected and exposed
flocks;
(8) Detailed plans for disposal of infected flocks, including
preexisting agreements with regulatory agencies and detailed plans for
carcass disposal, disposal sites, and resources for conducting
disposal, and detailed plans for disposal of materials that come into
contact with poultry infected with or exposed to H5/H7 LPAI;
(9) Detailed plans for cleaning and disinfection of premises,
repopulation, and monitoring after repopulation;
(10) Provisions for appropriate control/monitoring zones, contact
surveys, and movement restrictions;
(11) Provisions for monitoring activities in control zones;
(12) If vaccination is considered as an option, a written plan for
use in place with proper controls and provisions for APHIS approval of
any use of vaccine;
(13) Plans for H5/H7 LPAI-negative flocks that provide for
quarantine, testing, and controlled marketing; and
(14) Public awareness and education programs regarding avian
influenza.
(b) If a State is designated a U.S. Avian Influenza Monitored
State, Layers under 146.24 (a) of this chapter or a U.S. Avian
Influenza Monitored State, Turkeys under Sec. 146.44(a) of this
chapter, it will lose that status during any outbreak of H5/H7 LPAI and
for 90 days after the destruction and disposal of all infected or
exposed birds and cleaning and disinfection of all affected premises
are completed.
(Approved by the Office of Management and Budget under control numbers
0579-0007 and 0579-0440.)
Subchapter G [Amended]
0
9. Amend Subchapter G, consisting of Sec. Sec. 145.1 through 147.54,
by:
0
a. Removing the words ``S. gallinarum'' wherever they appear, and
adding the words ``Salmonella Gallinarum'' in their place;
0
b. Removing the words ``S. pullorum'' wherever they appear, and adding
the words ``Salmonella Pullorum'' in their place; and
0
c. Removing and the words ``S. enteritidis'' and ``Salmonella
enteritidis ser enteritidis'' wherever they appear, and adding the
words ``Salmonella Enteritidis'' in their place.
PART 145--NATIONAL POULTRY IMPROVEMENT PLAN FOR BREEDING POULTRY
0
10. The authority citation for part 145 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
0
11. Amend Sec. 145.1 as follows:
0
a. By revising the definition of ``Fowl typhoid or typhoid'';
0
b. In the definition for ``Hatchery'', by adding the words ``and/or
embryonated eggs'' after the words ``baby poultry'';
0
c. In the definition for ``Multiplier breeding flock'', by removing the
word ``hatching'' and adding the word ``fertile'' in its place;
0
d. By revising the definition of ``Pullorum disease or pullorum'';
0
e. In the definition for ``Reactor'', by adding a sentence after the
last sentence; and
0
f. By adding in alphabetical order a definition for ``Salmonella
Enteritidis''.
The revisions and additions read as follows:
Sec. 145.1 Definitions.
* * * * *
Fowl typhoid or typhoid. A disease of poultry caused by Salmonella
enterica subspecies enterica serovar Gallinarum biovar Gallinarum
(Salmonella Gallinarum).
* * * * *
Pullorum disease or pullorum. A disease of poultry caused by
Salmonella enterica subspecies enterica serovar Gallinarum biovar
Pullorum (Salmonella Pullorum).
Reactor. * * * A reactor is considered suspect until additional
confirmatory testing has been conducted by an authorized laboratory or
Federal Reference Laboratory as outlined in Sec. 145.14.
* * * * *
Salmonella Enteritidis. A bacteria found in poultry caused by
Salmonella enterica subspecies enterica serovar Enteritidis (Salmonella
Enteritidis).
* * * * *
Sec. 145.2 [Amended]
0
12. Amend Sec. 145.2 in paragraph (d), by removing the citation
``Sec. 145.3(e)'' and adding the citation ``Sec. 145.3(f)'' in its
place.
Sec. 145.5 [Amended]
0
13. Amend Sec. 145.5, in paragraph (c), by removing the text
``Subparts B, C, D, E, F, G, H, or I'' and adding the text ``Subparts
B, C, D, E, F, G, H, I or J'' in its place.
0
14. Amend Sec. 145.10 by:
0
a. In paragraph (b), removing the text ``and 145.93(b)'' and adding the
text ``145.93(b), and 145.103(b)'' in its place;
0
b. In paragraph (g), removing the text ``and 145.94(a)'' and adding the
text ``145.94(a), and 145.104(a)'' in its place;
0
c. In paragraph (o), removing the text ``and 145.93(d)'' and adding the
text ``145.93(d), and 145.103(d)'' in its place;
0
d. In paragraph (t), removing the text ``and 145.93(c)'' and adding the
text ``145.93(c), and 145.103(c)'' in its place; and
0
e. Adding paragraphs (u), (v), and (w).
The additions read as follows:
Sec. 145.10 Terminology and classification; flocks, products, and
States.
* * * * *
(u) U.S. Newcastle Clean. (See Sec. Sec. 145.43(h), 145.73(h), and
145.83(h).)
[GRAPHIC] [TIFF OMITTED] TR30SE25.007
Figure 22
(v) U.S. Avian Influenza Clean Compartment. (See Sec. Sec. 145.45,
145.74, and 145.84.)
[[Page 46746]]
[GRAPHIC] [TIFF OMITTED] TR30SE25.008
Figure 23
(w) U.S. Newcastle Disease Clean Compartment. (See Sec. Sec.
145.45, 145.74, and 145.84.)
[GRAPHIC] [TIFF OMITTED] TR30SE25.009
Figure 24
0
15. Amend Sec. 145.14 as follows:
0
a. By revising the introductory text;
0
b. In paragraph (a)(1), by adding the text ``(within the Program
Standards document, Program Standard A applies to blood testing;
alternatives to the program standards may also be approved by the
Administrator under Sec. 145.73 of this chapter)'' after the word
``subchapter'' in the second sentence;
0
c. In paragraph (a)(5), by removing the text ``and 145.93'' and adding
the text ``145.93, and 145.103'' in its place; and
0
d. By revising paragraph (a)(6)(ii).
The revisions read as follows:
Sec. 145.14 Testing.
Poultry must be more than 4 months of age when tested for an
official classification with the following exceptions: Turkey
candidates under subpart D of this part may be tested at more than 12
weeks of age; game bird candidates under subpart E or subpart J of this
part may be tested when more than 4 months of age or upon reaching
sexual maturity, whichever comes first; and ostrich, emu, rhea, and
cassowary candidates under subpart F of this part may be tested when
more than 12 months of age. Samples for official tests shall be
collected by an Authorized Agent, Authorized Testing Agent, or State
Inspector and tested by an authorized laboratory, except that the
stained antigen, rapid whole-blood test for pullorum-typhoid may be
conducted by an Authorized Testing Agent or State Inspector. Testing
must be conducted as specified within the Subpart Plan program, with at
least 1 bird tested from each pen and unit in the house and a minimum
of 30 birds tested per house. The ratio of samples collected from male
and female birds must be representative of birds throughout the house
and flock. In houses containing fewer than 30 birds other than
ostriches, emus, rheas, and cassowaries, all birds in the house must be
tested, unless otherwise specified within the Plan program.
(a) * * *
(6) * * *
(ii) Reactors to the standard tube agglutination test (in dilutions
of 1:50 or greater) or the microagglutination test (in dilutions of
1:40 or greater) shall be submitted to an authorized laboratory for
bacteriological examination. If there are more than four reactors in a
flock, a minimum of four reactors shall be submitted to the authorized
laboratory; if the flock has four or fewer reactors, all of the
reactors must be submitted. Bacteriological examination must be
conducted in accordance with part 147 of this subchapter (within the
Program Standards document, Program Standard B addresses
bacteriological examination procedures; alternatives to the program
standards may also be approved by the Administrator under Sec.
145.73). When reactors are submitted to the authorized laboratory
within 10 days of the date of reading an official blood test named in
paragraph (a)(6)(i) of this section, and the bacteriological
examination fails to demonstrate pullorum-typhoid infection, the
Official State Agency shall presume that the flock is determined not to
be infected with Salmonella Pullorum or Salmonella Gallinarum.
* * * * *
0
16. Amend Sec. 145.33 as follows:
0
a. By removing paragraph (d)(1)(viii) and removing the semicolon after
paragraph (d)(1)(vii) and adding a period in its place;
0
b. By adding paragraph (l)(1)(iv);
0
c. By removing and reserving paragraph (l)(2);
0
d. In paragraph (m)(2)(i), by adding the words ``by the company'' after
the words ``shall be conducted''; and
0
e. By removing and reserving paragraphs (m)(2)(ii) through (iv).
The addition reads as follows:
Sec. 145.33 Terminology and classification; flocks and products.
* * * * *
(l) * * *
(1) * * *
(iv) Fifteen (15) birds are tested and found negative for avian
influenza within 21 days prior to movement to slaughter regardless of
the date of the previous test.
* * * * *
0
17. Amend Sec. 145.43 as follows:
0
a. By revising paragraph (c)(1);
0
b. In paragraph (d)(1)(i), by adding the words ``or 60 samples from
mixed male and female flocks (the ratio of samples collected from male
and female birds must be representative of birds throughout the
house)'' after the words ``from female flocks'';
0
c. By adding and reserving paragraph (d)(1)(ii);
0
d. In paragraph (d)(5), by removing the word ``block'' and adding the
word ``flock'' in its place;
0
e. In paragraph (e)(1), by adding the words ``or 60 samples from mixed
male and female flocks (the ratio of samples collected from male and
female birds must be representative of birds throughout the house)''
after the words ``from female flocks'' in the first sentence;
0
f. By removing paragraph (f)(5) and redesignating paragraph (f)(6) as
paragraph (f)(5) and paragraph (f)(7) as paragraph (f)(6);
0
g. By revising paragraph (h)(3)(i);
0
h. By removing paragraph (h)(3)(ii) and redesignating paragraph
(h)(3)(iii) as paragraph (h)(3)(ii); and
0
i. By revising the OMB citation at the end of the section.
The addition and revisions read as follows:
Sec. 145.43 Terminology and classification; flocks and products.
* * * * *
(c) * * *
(1) A flock maintained in accordance with part 147 of this
subchapter with respect to Mycoplasma isolation, sanitation, and
management, and in which no M. Gallisepticum infected birds are found
when a random sample of at least 10 percent of the birds in the flock,
or 300 birds in flocks of more than 300 and each bird in flocks of 300
or less, is tested when more than 12 weeks of age, in accordance with
the procedures described in Sec. 145.14(b); provided, that to retain
this classification, a minimum of 30 samples from male flocks and 60
samples from female flocks or 60 samples from mixed, male and female
flocks (the ratio of samples collected from male and female birds must
be representative of birds throughout the house) shall be retested at
28-30 weeks of age and at 4-6 week intervals thereafter.
* * * * *
[[Page 46747]]
(d) * * *
(1) * * *
(ii) [Reserved]
* * * * *
(h) * * *
(3) * * *
(i) A minimum of 30 birds per flock must test negative using an
approved test in Sec. 145.14 at intervals of 90 days or a sample of
fewer than 30 birds may be tested, and found negative, at any one time
if all pens are equally represented and a total of 30 birds is tested
within each 90-day period; and
* * * * *
(Approved by the Office of Management and Budget under control number
0579-0007)
0
18. Amend Sec. 145.45 by revising the OMB citation at the end of the
section to read as follows:
Sec. 145.45 Terminology and classification; compartments.
* * * * *
(Approved by the Office of Management and Budget under control number
0579-0007)
Sec. 145.53 [Amended]
0
19. Amend Sec. 145.53, paragraph (e) introductory text by removing the
words ``hobbyist or exhibition waterfowl, exhibition poultry, and game
bird'' and adding the words ``hobbyist and exhibition poultry, and
raised-for-release waterfowl'' in their place in the second sentence.
0
20. Amend Sec. 145.73 as follows:
0
a. In paragraph (d)(1)(i), by adding the words ``serogroup D'' after
the words ``Cultures from'' in the last sentence;
0
b. In paragraph (g)(1)(v), by removing the words ``and shall be
reported to the Official State Agency on a monthly basis'' and adding a
sentence at the end of the paragraph;
0
c. In paragraph (g)(1)(vi), by removing the words ``to allow for the
serological testing required under paragraph (g)(1)(iv) of this
section'' and adding the words ``to allow for serological testing'' in
their place;
0
d. By revising paragraph (h)(3)(i);
0
e. By removing paragraph (h)(3)(ii) and redesignating paragraph
(h)(3)(iii) as paragraph (h)(3)(ii); and
0
f. By revising the OMB citation at the end of the section.
The addition and revisions read as follows:
Sec. 145.73 Terminology and classification; flocks and products.
* * * * *
(g) * * *
(1) * * *
(v) * * * Owners of flocks shall report the presence or absence of
Salmonella in their flocks on a monthly basis to the Official State
Agency.
* * * * *
(h) * * *
(3) * * *
(i) A minimum of 30 birds per flock must test negative using an
approved test in Sec. 145.14 at intervals of 90 days or a sample of
fewer than 30 birds may be tested, and found negative, at any one time
if all pens are equally represented and a total of 30 birds is tested
within each 90-day period; and
* * * * *
(Approved by the Office of Management and Budget under control number
0579-0007)
0
21. Amend Sec. 145.74 by revising the OMB citation at the end of the
section to read as follows:
Sec. 145.74 Terminology and classification; compartments.
* * * * *
(Approved by the Office of Management and Budget under control number
0579-0007)
0
22. Amend Sec. 145.83 as follows:
0
a. In paragraph (e)(6)(i)(C), by removing the words ``Salmonella
pullorum'' and adding the words ``Salmonella Pullorum'' in their place
in the first sentence;
0
b. In paragraph (f)(1)(iv), by revising the third sentence and adding a
sentence at the end of the paragraph;
0
c. In paragraph (f)(1)(v), by removing the words ``to allow for the
serological testing required under paragraph (f)(1)(iv) of this
section'' and adding the words ``to allow for serological testing'' in
their place;
0
d. In paragraph (f)(1)(vi), by removing the words ``minimum of a 2-week
period'' and adding the words ``maximum of a 4-week period'' in their
place in the first sentence;
0
e. By revising paragraph (h)(3)(i);
0
f. By removing paragraph (h)(3)(ii) and redesignating paragraph
(h)(3)(iii) as paragraph (h)(3)(ii); and
0
g. By revising the OMB citation at the end of the section.
The addition and revisions read as follows:
Sec. 145.83 Terminology and classification; flocks and products.
* * * * *
(f) * * *
(1) * * *
(iv) * * * All Salmonella isolates from a flock shall be
serogrouped. Owners of flocks shall report the presence or absence of
Salmonella in their flocks on a monthly basis to the Official State
Agency;
* * * * *
(h) * * *
(3) * * *
(i) A minimum of 30 birds per flock must test negative using an
approved test in Sec. 145.14 at intervals of 90 days or a sample of
fewer than 30 birds may be tested, and found negative, at any one time
if all pens are equally represented and a total of 30 birds is tested
within each 90-day period; and
* * * * *
(Approved by the Office of Management and Budget under control number
0579-0007)
0
23. Amend Sec. 145.84 as follows:
0
a. In paragraph (a)(3)(iii), by adding the words ``and/or ND Clean''
after the words ``Influenza Clean''; and
0
b. By revising the OMB citation at the end of section.
The revision reads as follows:
Sec. 145.84 Terminology and classification; compartments.
* * * * *
(Approved by the Office of Management and Budget under control number
0579-0007)
0
24. Amend Sec. 145.102, by revising paragraph (e) to read as follows:
Sec. 145.102 Participation.
* * * * *
(e) Under this subpart, gallinaceous flocks and waterfowl flocks
may not be raised on the same premises. If they are on the same
premises, they must be registered under subpart E of this part.
* * * * *
Sec. 145.103 [Amended]
0
25. Amend Sec. 145.103, paragraph (b)(3) introductory text by removing
the words ``to reveal Pullorum-Typhid'' and adding the words ``to
reveal Pullorum-Typhoid'' in their place.
PART 146--NATIONAL POULTRY IMPROVEMENT PLAN FOR COMMERCIAL POULTRY
0
26. The authority citation for part 146 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
Sec. 146.3 [Amended]
0
27. Amend Sec. 146.3 as follows:
0
a. In paragraph (a), by removing the words ``raised-for-release upland
game bird premises, and raised-for-release waterfowl premises and any
commercial upland game bird, commercial waterfowl'' and adding the
words ``egg/meat-type game bird, egg/meat-type waterfowl'' in their
place; and
0
b. In paragraph (c), by removing the words ``commercial upland game
bird, commercial waterfowl'' and adding the
[[Page 46748]]
words ``egg/meat-type game bird, egg/meat-type waterfowl'' in their
place in the first sentence.
Sec. 146.6 [Amended]
0
28. Amend Sec. 146.6 as follows:
0
a. In paragraph (a), by removing the words ``commercial upland game
bird, commercial waterfowl'' and adding the words ``meat-type game
bird, meat-type waterfowl'' in their place; and
0
b. In paragraph (b), by removing the words ``commercial upland game
bird and commercial waterfowl'' and adding the words ``meat-type game
bird and meat-type waterfowl'' in their place.
Sec. 146.9 [Amended]
0
29. Amend Sec. 146.9, in paragraph (a), by removing the text ``and
(b)''.
0
30. Amend Subpart E, consisting of Sec. Sec. 146.51 to 146.53, by
revising the subpart heading to read as follows:
Subpart E--Special Provisions for Egg/Meat-Type Game Birds, Egg/
Meat-Type Waterfowl, Meat-Type Game Bird Slaughter Plants, and
Meat-Type Waterfowl Slaughter Plants
PART 147--AUXILIARY PROVISIONS ON NATIONAL POULTRY IMPROVEMENT PLAN
0
31. The authority citation for part 147 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
0
32. In Sec. 147.46, revise paragraph (a)(9) to read as follows:
Sec. 147.46 Committee consideration of proposed changes.
(a) * * *
(9) Egg/meat-type game birds and waterfowl.
* * * * *
0
33. In Sec. 147.52, revise paragraph (f)(2) to read as follows:
Sec. 147.52 Authorized laboratories.
* * * * *
(f) * * *
(2) All Salmonella Pullorum and Mycoplasma Plan disease infected
flocks as confirmed by testing in accordance with Sec. 145.14 must be
reported to the Official State Agency within 48 hours.
* * * * *
Done in Washington, DC, this 26th day of September 2025.
Michael Watson,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2025-19017 Filed 9-29-25; 8:45 am]
BILLING CODE 3410-34-P
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