revocation SUBCHAPTER F-POULTRY IMPROVEMENT e designatede PART 145-NATIONAL POULTRY IMPROVEMENT PLAN PRACTO INGS UNDE IN ACT Subpart A-General Provisions ty of rules i Sec. flocks and products. States. AUTHORITY: Section 101(b) of the Department of Agriculture Organic Act of 1944, as amended, 58 Stat. 734 (7 U.S.C. 429). SOURCE: 36 FR 23112, Dec. 3, 1971, unless otherwise noted. Redesignated at 44 FR 61586, Oct. 26, 1979. EDITORIAL NOTE: Nomenclature changes, see 44 FR 61586, Oct. 26, 1979. Culture prin Part 1, Su Ederal Regia Practice # the Vira Subpart A-General Provisions 832-833 Sec. 145.3 Participation. pants. flocks. hatcheries. dealers. eral. and classification; and classification; Chicken Breeding Flocks and Products and classification; classification; States. and 8 145.1 Definitions. Words used in this part in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. Except where the context otherwise requires, for the purposes of this part the following terms shall be construed, respectively, to mean: (a) Plan. The provisions of the National Poultry Improvement Plan contained in this part. (b) Person. A natural person, firm, or corporation. (c) Department. The U.S. Department of Agriculture. (d) Service. The Animal and Plant Health Inspection Service, Veterinary Services, of the Department. (e) State. Any State, the District of Columbia, or Puerto Rico. (f) Official State Agency. The State authority recognized by the Department to cooperate in the administration of the Plan. (g) State Inspector. Any person employed or authorized under $ 145.11(b) to perform functions under this part. (h) Authorized Agent. Any person designated under $ 145.11(a) to perform functions under this part. (i) Affiliated flockowner. ' A flockowner who is participating in the Plan through an agreement with a participating hatchery. (j) Flock-(1) As applied to breeding. All poultry of one kind of mating (breed and variety or combination of stocks) and of one classification on one farm; and classification; and classification; Subpart D-Special Provisions for Turkey Breeding Flocks and Products 145.41 Definitions. 145.42 Participation. 145.43 Terminology flocks and products. 145.44 Terminology States. and classification; and classification; Subpart E-Special Provisions for Waterfowl, Hocks and Products 145.51 Definitions. started poultryoultry. and SUDE (2) As applied to disease control. All ic strain or trade name and who au nu merge of the poultry on one farm except thorizes other hatcheries to producing TR 3498 that, at the discretion of the Official and sell products under this samm Sn 1876 R State Agency, any group of poultry strain or trade name. which is segregated from another (w) Franchise hatchery. A hatcherziu. Kas 20, 19 group and has been so segregated for a which has been authorized by a fran period of at least 21 days may be con- chise breeder to produce and sell produ sidered as a separate flock. ucts under the breeder's strain o garment co (k) Hatchery. Hatchery equipment trade name. on one premises operated or controlled (x) Pullorum disease or pullorum. Ama Sia: by any person for the production of disease of poultry caused by Salmonel time of the baby poultry. la pullorum. (1) Poultry. Domesticated fowl, in estrative (y) Fowl typhoid or typhoid. A disz i the Ol? cluding chickens, turkeys, waterfowl, ease of poultry caused by Salmonelle et 10 res and game birds, except doves and pi gallinarum. geons, which are bred for the primary (z) S. typhimurium infection or ty- t the admin purpose of producing eggs or meat. phimurium. A disease of poultryete State (m) Domesticated. Propagated and caused by Salmonella typhimurium ol se sprovisions maintained under the control of a S. typhimurium var. copenhagen. person. (n) Products. Poultry breeding stock (aa) Official supervision-(1) As ap. and hatching eggs, baby poultry, and plied to Plan programs. The direction, il Siare inspection, and critical evaluation by the Official State Agency of compli(0) Baby poultry. Newly hatched poultry (chicks, poults, ducklings, gos ance with the provisions of the Plan; lings, keets, etc.) that have not been (2) As applied to non-Plan but equivfed or watered. alent State poultry improvement prontis regardi (p) Started poultry. Young poultry grams. The direction, inspection, and (chicks, pullets, cockerels, capons, critical evaluation by an officer or poults, ducklings, goslings, keets, etc.) agency of a State government, of comthat have been fed and watered and pliance with a publicly announced are less than 6 months of age. State poultry improvement program. (q) Strain. Poultry breeding stock (bb) Authorized laboratory. A laborabearing a given name produced by a tory designated by an Official State breeder through at least five genera Agency, subject to review by the Serytions of closed flock breeding. ice, to perform the blood testing and (r) Stock. A term used to identify the bacteriological examinations provided progeny of a specific breeding combi for in this part. nation within a species of poultry. (cc) Salmonella. Any of the species et under These breeding combinations may in of the bacteria belonging to the Salclude pure strains, strain crosses, monella genus, except that members 1996 ) of the arizona group are not included M2 Dec breed crosses, or combinations thereof. (s) Primary breeding flock. A flock in this definition, composed of one or more generations (dd) Colon bacilli. For the purpose that is maintained for the purpose of of this chapter, those organisms which establishing, continuing, or improving are gram negative, non spore-forming parent lines. bacilli, which ferment lactose with gas hiper (t) Multiplier breeding flock. A flock formation, and serve as an index of that is intended for the production of fecal contamination. hatching eggs used for the purpose of producing progeny for commercial egg or meat production or for other nonbreeding purposes. (u) Trade name or number. A name or number compatible with State and Federal laws and regulations applied to a specified stock or product thereof. (V) Franchise breeder. A breeder who normally sells products under a specif buther the Pla at the (ee) Equivalent or equivalent tequirements. Requirements which are equal to the program, conditions, cri. teria, or classifications with which compared, as determined by the Official State Agency and with the concur. rence of the Service. (ff) Sexual Maturity. The average age at which a species of poultry is biologically capable of reproduction. sam $145.2 Administration. Foduels ho 136 FR 23112, Dec. 3, 1971, as amended at 38 Plan when he has demonstrated, to rodie FR 13706, May 24, 1973; 41 FR 14256, Apr. the satisfaction of the Official State 2, 1976; 41 FR 48723, Nov. 5, 1976. Redesig Agency, that his facilities, personnel, nated at 44 FR 61586, Oct. 26, 1979, and and practices are adequate for carryatchen amended at 47 FR 21991, May 20, 1982) ing out the applicable provisions of a free the Plan, and has signed an agreement 11 pro with the Official State Agency to (a) The Department cooperates comply with the general and the applithrough a Memorandum of Under cable specific provisions of the Plan arum ! standing with Official State Agencies Imone in the administration of the Plan. and any regulations of the Official State Agency under $ 145.2. Affiliated (b) The administrative procedures flockowners may participate without Ad and decisions of the Official State signing an agreement with the Official monis Agency are subject to review by the State Agency. Service. The Official State Agency (b) Each participant shall comply shall carry out the administration of poultry the Plan within the State according to with the Plan throughout the operatIjue the applicable provisions of the Plan ing year of the Official State Agency, and the Memorandum of Understand or until released by such Agency. (c) A participant in any State shall (c) An Official State Agency may participate with all of his poultry tion accept for participation an affiliated hatching egg supply flocks and hatchflock located in another State under a Plan mutual understanding and agreement, shall report to the Official State writing, between the two Official Agency on NPIP Form 3B or through State Agencies regarding conditions of ing flock before the birds reach 24 (d) The Official State Agency of any State may, except as limited by $145.3(d), adopt regulations applicable to the administration of the Plan in such State further defining the provisions of the Plan or establishing higher standards compatible with the ing. comp ery operations within such State. He other appropriate means each breed ons participation and supervision. ounced gram labore Plan. (Approved by the Office of Management and Budget under control number 0579 weeks of age. This report will include: (1) Name and address of flockowner; (4) Breed, variety, strain, or trade name of stock; (5) Source of males; (d) No person shall be compelled by the Official State Agency to qualify products for any of the other classifications described in § 145.10 as a condition of qualification for the U.S. Pul. lorum-Typhoid Clean classification. (e) Participation in the Plan shall entitle the participant to use the Plan emblem reproduced below: 0007) (44 U.S.C. 3506) 138 FR 23112, Dec. 3, 1971. Redesignated at 44 FR 61586, Oct. 26, 1979, and amended at 48 FR 57473, Dec. 30, 1983] 8 145.3 Participation. (a) Any person producing or dealing in products may participate in the cher trgo OL vil'mcubator a clean and hatchery Agency and approval of the Service prided, Tha other products may be bought or remie et the discr ceived for use in breeding flocks or for Agency. experimental purposes. (e) Each participant shall be as signed a permanent approval numbe. 12911. Redesigt by the Service. This number, prefacei by the numerical code of the Staten prisions for will be the official approval number one the participant and may be used or each certificate, invoice, shippine , includin label, or other document used by the kept in san participant in the sale of his products to the OD Each Official State Agency which reprocedures quires an approval or permit number-ho 147.25 for out-of-State participants to ship wasidered into its State should honor this pliance number. The approval number shal? minimum be withdrawn when the participant nc i sanitation longer qualifies for participation ir the Plan, NATIONAL POULTRY IMPROVEMENT PLAN (Approved by the Office of Management and Budget under control number 0579FIGURS 1. 0057) (44 U.S.C. 3506) (Approved by the Office of Management [36 FR 23112, Dec. 3, 1971, as amended at 38 and Budget under control number 0579 FR 13706, May 24, 1973; 41 FR 48723, Nov. 0007) 5, 1976. Redesignated at 44 FR 61586, Oct, kept in (36 FR 23112, Dec. 3, 1971, as amended at 40 26, 1979, as amended at 47 FR 21991, Mayad free to FR 1500, Jan. 8, 1975. Redesignated at 44 20, 1982; 48 FR 57473, Dec. 30, 1983] FR 61586, Oct. 26, 1979 and amended at 48 FR 57473, Dec. 30, 1983) 8 145.5 Specific provisions for participate ing flocks. 8 145.4 General provisions for all partici. pants. (a) Poultry equipment, and poultry (a) Records of purchases and sales houses and the land in the immediate and the identity of products handled vicinity thereof, shall be kept in sanishall be maintained in a manner satis tary condition as recommended in factory to the Official State Agency. $8 147.21 and 147.22 (a) and (e) of this ter each (b) Products, records of sales and chapter. The participating flock, its proce purchase of products, and material eggs, and all equipment used in con- and 1 e not m used to advertise products shall be nection with the flock shall be sepasubject to inspection by the Official rated from nonparticipating flocks, in te se State Agency at any time. (c) Advertising must be in accord State Agency. ance with the Plan, and applicable rules and regulations of the Official State Agency and the Federal Trade istic of the breed, variety, Commission. A participant advertising products as being of any official classi- stated to represent. fication may include in his advertising reference to associated or franchised hatcheries only when such hatcheries produce the same kind of products of the same classification. (d) Participants may not buy, sell, or this part. receive for any purpose products from nonparticipants, Provided, That with the permission of the Official State through or approved by the Official bakery resid a manner acceptable to the Official Cormance (b) All flocks shall consist of healthy, normal individuals character cross, or other combination which they are (c) A flock shall be deemed to be a participating flock at any time only if it has qualified for the U.S. PullorumTyphoid Clean classification, as prescribed in Subparts B, C, D, or E of (d) Each bird shall be identified with a sealed and numbered band obtained De Sic$ 145.6 Specific provisions for participat ing hatcheries. (a) Hatcheries, including brooder shipps rooms, shall be kept in sanitary condi- , acceptable to the Official State produit 8 145.7 Specific provisions for participat ing dealers. the following: pallons and eggshells. (1) Incubator walls, floors, and trays shall be kept free from broken eggs (2) Tops of incubators and hatchers shall be kept clean (not used for storage). (3) Entire hatchery, including sales room, shall be kept in a neat, orderly condition and free from accumulated dust. State Agency 8 145.8 Terminology and classification; general. in (b) Products produced under the Plan shall lose their identity under Plan terminology when they are purchased for resale by or consigned to nonparticipants. (c) Participating flocks, their eggs, hatcheries and dealers. "National Official (4) Hatchery residue, such as egg. shells, infertile eggs, and dead germs, shall be disposed of promptly and in a manner satisfactory to the Official (5) Hatchers and hatching trays shall be cleaned and fumigated or disInfected after each hatch, preferably using the procedures outlined in $$147.24(b) and 147.25(e) of this chapter. While not mandatory for participation, all eggs set should be fumigated in accordance with the procedures recommended in g 147.25 of this chap (b) A hatchery which keeps started poultry must keep such poultry separated from the incubator room in a manner satisfactory to the Official fered for sale under Plan terminology (c) All baby and started poultry ofshall be normal and typical of the breed, variety, cross, or other combina (d) Eggs incubated shall be sound in shell, typical for the breed, variety, strain, or cross thereof and reasonably uniform in shape. Hatching eggs shall ter, State Agency tion represented. State Agencies shall be notified by the changes in classification. 33-023 0-84--32 |