8 CCR 1201-20 Part 7 - Statements of Basis, Specific Statutory Authority and Purpose
The statutory basis for this rule is §§ 35-50-101 et.seq., C.R.S. 2005 and specifically, §§ 35-50-105(3)(h), C.R.S., 2005., powers and duties of the Commissioner.
The basis of this rule lies in the importance of maintaining the health of the poultry industry in Colorado, specifically, protecting the industry from the economic consequences of an outbreak of avian influenza (AI). Avian influenza can take two forms, a milder version referred to as "low pathogenic avian influenza" (LPAI). LPAI typically causes little or no clinical illness in poultry but results in decreased production and increased mortality. Additionally, LPAI H5 and H7 subtypes have been shown to possess the potential to mutate into the more ravaging version, referred to as "high pathogenic avian influenza" (HPAI). Historically, live bird markets have been proven to harbor LPAI.
The purpose of this rule is to identify necessary sanitary standards for live bird markets and to establish a surveillance and testing protocol that the live bird market system, including suppliers, dealers, haulers, auction markets, wholesalers, and live bird markets, must follow. The three primary goals of this rule include:
Statutory Authority
This rule is amended and adopted pursuant to the Commissioner's authorities found at § 35-50-105, C.R.S., specifically, § 35-50-105(3)(a), (c), (f), (h), (i), (j), (l), and (p), C.R.S.
Purpose of changes to the rule
The purpose of this rule-making is to update matters related to the identification, control, and sanitation related to avian influenza, both low pathogenic and highly pathogenic influenzas, in bird production units, bird distribution units, and live bird markets within Colorado.
Factual and Policy Issues
Throughout the rule, the reviewers updated language to bring it into conformity with national disease prevention terms, definitions, and standards. Concepts related to "premises identification" are updated to conform to the national standard. As well, more precise information related to avian influenza is added to provide clarity for users of the rule.
In areas where terms that are identified and defined within the organic act, § 35-50-101, et seq., the reviewers ensured consistency of terms used in the statute and in the rule.
Additionally, the reviewers found it necessary to provide greater clarity with regard to bird testing and record-keeping of production facilities. The rule now provides the standards necessary in a clearer manner for a production facility and its "AI Monitored Flocks" and "Tested Flocks."
Finally, the reviewers modified the registration system because the previous rule had included a system that created a registration that extended beyond the bounds of the Commissioner's authority with regard to registration, denial of registration, and a hearing process for that registration and possible denial of registration. This rule still requires registration, but the registration that this rule provides is one by which a covered entity registers with the Commissioner and is subject to the enforcement authorities of the statute without creating additional hearing options or additional enforcement authorities.
Specific Purpose of this Rulemaking
The reviewers made grammatical and syntactic changes to Part 1, including removing acronyms where more specific language would clarify the intent and updating the term "National Animal Identification System" to its current name, the "USDA Animal Disease Traceability Rule."
Within Part 2, the definitions section, the reviewers changed "Accredited Veterinarian" and "Cleaning and disinfection" to make these definitions consistent with other rules for livestock disease adopted by the Commissioner. "Hold order" and "Quarantine" are changed to be consistent with how those terms are used within the rule's enabling act. The reviewers also updated definitions related to avian influenza and flocks associated with avian influenza to add precision and clarity. Finally, the reviewers changed "registration" to comport with the authority the Commissioner has to require registration.
Changes to Part 3 include changes regarding waste and updated biosecurity measures for live bird markets. Additionally, the reviewers expanded Part 3.3 to clarify the bird testing and record-keeping required for production units. The reviewers provide this change to enhance testing protocols and qualifying standards for the industry to distinguish a "monitored flock" from a "tested flock." This change also permits the reviewers to remove the "established flock" category, simplifying the distinctions.
The reviewers removed Part 4 because the rule's enabling act contains this language. There is no need to repeat it in rule.
The reviewers removed Part 5 because there is no authority for the Commissioner to deny or grant registration. Rather, the Commissioner's authority extends to disease control and record-keeping of those facilities that are registered with the Commissioner.
Similarly, the reviewers removed Part 6 because the rule's enabling act contains the authority for civil penalties for violations of the rule or of the enabling act. There is no need to repeat it in the rule.
The reviewers have re-numbered the rule to contemplate the removed sections and to bring uniformity within the rule to its numbering convention.
Statutory Authority
These rules are amended and adopted pursuant to the Commissioner's authorities found at § 35-50-105, C.R.S., specifically, § 35-50-105(3)(a), (c), (f), (h), (i), (j), (l), and (p), C.R.S.
Purpose
The purpose of this rulemaking is to make revisions as a result of the agencies regulatory efficiency review process. These revisions update provisions of the rule related to avian influenza surveillance requirements so that those requirements align with the surveillance components outlined in USDA's National Poultry Improvement Plan (NPIP). Further, the revisions to the rule create an obligation that all live bird markets must verify the origin premises and the flock identification of birds coming into the market. Finally, the revisions to the rules require that all live bird markets obtain documentation of a flock's NPIP-certified status at the point of receipt of the birds into a market.
Factual and Policy Issues
The NPIP is a cooperative plan developed jointly by the poultry industry, state animal health officials, and the United States Department of Agriculture to promote the health of poultry nationwide. The NPIP incorporates a variety of disease testing programs and biosecurity guidelines to prevent and control the spread of poultry disease. The NPIP also establishes standards for official tests and diagnostic protocols, including avian influenza.
The previous requirements for avian influenza surveillance in this rule were onerous and were difficult to monitor and enforce. The most effective method for avian influenza surveillance is to require a producer's participation in the NPIP, as confirmed by the live bird markets at the time of receipt of any birds from a flock into the live bird market. This practice also ensures low-risk movement of flocks within the live bird market system. To harmonize the rules with this surveillance approach, the Department has revised specific definitions and requirements as outlined in more detail below.
Specific Changes
The Department has revised the following terms in Part 2: "Approved laboratory," "Avian Influenza Approved Flock or Premises," "Live Bird Market System Program (LBMSP)," and "Low pathogenic avian influenza (LPAI)." The Department's revisions to "Approved Laboratory" and "Low pathogenic avian influenza (LPAI)" are intended to harmonize definitions used in these rules with updated language from the USDA. The revisions to "Live Bird Market System Program (LBMSP)" are to clarify the program definition under this rule. The change of definition from "Avian Influenza Approved Flock or Premises" to "NPIP certified flock" is to harmonize the definition in this rule to that in NPIP. The Department further amended the definition of "Commissioner" so that it is consistent with the definition used in the Livestock Health Act at section 35-50-103(3), C.R.S. In addition, the Department deleted the terms "Established flock," "H5, H7 LPAI," "Qualified bird," and "Test certificate" because these terms have either become obsolete or are not used in the rules.
The Department amended Part 3.1.2 to require that those markets obtain documentation to evidence that imported birds originate from an NPIP-certified flock and premises. This requirement ensures that the Department has adequate surveillance for avian influenza through the NPIP program, as well as animal disease traceability, both of which will help to mitigate the risk of avian influenza within the live bird market system in Colorado.
The Department also amended Parts 3.1.5, 3.2.5, and 3.3.5 to remove rigid responses to live bird markets, distributors, or production facilities that experience a positive avian influenza incident. The purpose of this change is to permit the State Veterinarian to craft incident-specific responses to positive facilities.
Parts 3.2 and 3.3 were modified to clarify registration requirements for distributors and production facilities. Specifically, these changes remove onerous diagnostic testing requirements and instead require NPIP participation of flocks within the live bird market system. The change aligns avian influenza surveillance requirements, recordkeeping, and movement requirements in these rules with those of the NPIP program, which will provide better overall standardized surveillance and animal disease traceability for all entities within the live bird market system to mitigate the risk and impact of avian influenza.
All other proposed changes to the rules are to correct non-substantive typographical, grammatical, and formatting errors and to update numerical references for accuracy.
Notes
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