W. Va. Code R. § 61-1-15 - Rules for Hatcheries, Growers and Contractors Pertaining to Poultry Disease Control and Eradication

15.1. General.

15.1.a. For the purposes of this section a flock means a group of poultry that are characteristic of the breed, variety, cross or other combination which they are stated to represent.

15.1.b. The owners of any flock shall test all poultry on the premises, except for wild birds or unmated and segregated birds held for laying purposes, for pullorum-typhoid.

15.1.c. A person shall not maintain a flock containing any birds testing positive for pullorum-typhoid without complying with the provisions of this section of this rule.

15.1.d. The Commissioner intends for the provisions of this section of the rule to supplement, and not supersede, the regulations set forth in the National Poultry Improvement Plan and Auxiliary Provisions set forth in Title 44 of the Code of Federal Regulations Parts 145 through 147 (March 22, 2011).

15.1.e. Any person owning a hatchery or a flock is responsible for furnishing transportation on the premises and necessary labor needed for handling birds at no expense to the Commissioner or the tester when needed by the tester to perform his duties under this section of the rule.

15.1.f. The Commissioner requires that all birds found to be reactors or suspected of being a reactor to any disease be removed from the flock and destroyed within 10 days after the test was reported. The owner of the birds must certify to the Commissioner that the birds were destroyed within 10 days of test results in a manner approved by the Commissioner.

15.2. Testing.

15.2.a. The Commissioner shall accept only official test results. The Commissioner shall accept tests performed by inspectors certified by the Commissioner and performed according to the provisions of this section of the rule and the National Poultry Improvement Plan and Auxiliary Provisions as official tests.

15.2.b. A person shall not use any chicken for breeding purposes without having that bird tested and found negative for the presence of pullorum-typhoid when the bird reaches 5 months of age and prior to being used for breeding.

15.2.c. A person shall not use any turkey for breeding purposes without having that bird tested and found negative for the presence of pullorum-typhoid when the bird reaches 4 months of age, and prior to being used for breeding.

15.2.d. The Commissioner shall not accept any test performed with any lot of pullorum-typhoid antigen that was not approved by the United States Department of Agriculture.

15.2.e. The Commissioner shall not accept any test performed with pullorum-typhoid antigen on any animal that has had a previous test with any Salmonella antigen within 21 days of the pullorum-typhoid test.

15.2.f. The Commissioner shall set the fee for testing and inspection at a rate to reflect the actual costs of doing the testing and inspection for the Commissioner's employees. The costs for testing and inspection for the Commissioner's employees is the standard state rate for all travel and $18 per hour for the time for travel, testing and inspection. The owner of the birds tested shall pay the fee to the West Virginia Department of Agriculture within 10 days of billing by the Commissioner.

15.2.g. The owner of birds may contract with independent certified testers to perform official testing and inspection. The fees charged by the independent certified tester are not bound by the fees charged by the Commissioner.

15.2.h. The tester shall identify each bird that has been officially tested with an officially sealed and numbered leg or wing band.

15.3. Reporting.

15.3.a. All persons owning hatcheries shall report the total number of eggs set and the total number of chicks and poults hatched on a weekly basis to the Federal-State Crop and Livestock Reporting Service, United States Department of Agriculture, Capitol Building/Guthrie Center, Charleston, West Virginia 25305.

15.3.b. The tester shall mail all official test records within seven days of the completion of the test on the flock to the Commissioner, in care of the Animal Health Division, Charleston, WV. The official test records shall include the name and address of the owner of the birds, the date of test, the number of the leg or wing band attached to the bird, the test results and the total number of birds tested in the flock.

15.3.c. Any dealer in baby chicks and broiler contractors shall keep records of the number of shipments of chicks and poults into this state for a period of 5 years and shall provide them to the Commissioner upon request.

15.4. Classification of a flock.

15.4.a. The provisions of the National Poultry Improvement Plan and Auxiliary Provisions shall determine the classification of a flock.

15.4.b. The Commissioner shall not consider the test results of any bird for the purposes of classifying the flock that was found to be a reactor using antigen and subsequently found to be not infected upon necropsy and subsequent bacterial examination.

Notes

W. Va. Code R. § 61-1-15