N.J. Admin. Code § 2:9-2.1

Current through Register Vol. 57, No. 1, January 6, 2025

Section 2:9-2.1 - Definitions

The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Accredited veterinarian" means a veterinarian approved by the Administrator of USDA, Animal and Plant Health Inspection Service (APHIS), in accordance with the provisions of 9 CFR Part 161, to perform functions required by state-Federal-industry cooperative programs.

"Animal health official" means a full-time employee of any state animal health department or of APHIS who has authority from the State Veterinarian or the area veterinarian in charge to carry out program activities.

"APHIS-VS" means Animal and Plant Health Inspection Service -- Veterinary Services.

"Area veterinarian in charge" means the APHIS veterinarian who is assigned by the Administrator of the Animal and Plant Health Inspection Service to supervise and perform official duties of APHIS in a specified state or states. Information as to the name and address of the Regional Director for the state or states concerned can be obtained by writing to the Animal and Plant Health Inspection Service, Animal Care, 4700 River Road, Unit 84, Riverdale, MD 20737-1234.

"Assistant District Director" means the Animal and Plant Health Inspection Service (APHIS) veterinarian who is assigned by the Administrator of the APHIS to supervise and perform official duties of APHIS in a specified state or states. Information as to the name and address of the Regional Director for the state or states concerned can be obtained by writing to the Animal and Plant Health Inspection Service, Animal Care, 4700 River Road, Unit 84, Riverdale, MD 20737-1234.

"Certificate of Veterinary Inspection" means an official document, which includes:

1. The information outlined in N.J.A.C. 2:3-1.4;

2. A statement made by the examining veterinarian that includes the date, a statement of negative avian influenza status, and lab accession number(s) of qualifying tests;

3. A copy of the finalized laboratory report indicating that the poultry tested negative for avian influenza; and

"Certified poultry technician" means an individual who has been specially trained in poultry health monitoring and specimen collection by the state in which they are certified, who is included on an official list of technicians certified by the state in which they reside to perform inspections and specimen collections, and whose state certification program has been approved by the NJDA. A state's certification program, at a minimum, must contain standards for:

1. Certification that include training in sample collection, sample handling and submission, biosecurity protocol and poultry health monitoring;

2. Recertification that includes an annual training update, review of the technician's testing history and paperwork, and review of reports of non-compliance with poultry certificate requirements and biosecurity protocol; and

3. Termination of certification that include disciplinary action protocols.

"Distribution system" means businesses engaged in the transportation and/or sale of poultry to the live bird markets, including, but not limited to, poultry distributors, wholesalers, poultry dealers, haulers/truckers, and qualified poultry auctions.

"Established flock" means poultry of the same species held together on one premises for at least 21 consecutive days; or at the discretion of the State Veterinarian, any group of poultry on one premises that has been segregated from another group for at least 21 consecutive days. The flock shall be kept separate and apart from all other poultry of unknown health status and no additional birds may be added between the testing date and the date that the birds leave the farm.

"Hauler/trucker" means a business entity or individual that transports poultry from producer/supplier premises to another producer/supplier, a poultry distributor, a live bird market, or qualified poultry auction.

"Live bird market" or "live bird marketing" means any facility that gathers live poultry to be slaughtered and sold onsite. End-stage poultry markets that are not "slaughter-only" markets, will require development and approval of special biosecurity safeguards pursuant to N.J.A.C. 2:9-2.2(b)7 and inspections to ensure that they meet the requirements of this chapter and are successful in the prevention and control of low pathogenicity avian influenza.

"Live bird marketing system" means live bird markets and their production/supplier flocks and distribution systems.

"Monitored flock" means an established flock that meets the following criteria:

1. A sample size of at least 30 birds is tested monthly for signs of avian influenza. If the flock contains less than 30 birds, all birds within the flock must be tested monthly;

2. The birds tested have tested negative for avian influenza for three consecutive months;

3. The flock is registered with the New Jersey Department of Agriculture pursuant to N.J.A.C. 2:9-2.2;

4. With the exception of day-old chicks moved directly from a National Poultry Improvement Plan (NPIP) U.S. Avian Influenza Clean hatchery or pullets moved directly from an NPIP U.S. H5/H7 Avian Influenza Monitored flock, no birds of lesser status may be added to the flock. When birds of lesser status are added to the flock, the flock loses its monitored status. After waiting 21 consecutive days, a flock that has lost its monitored status may requalify for monitored status if 30 birds have tested negative for avian influenza monthly for three consecutive months;

5. The flock must comply with the requirements set forth in N.J.A.C. 2:9-5.2 and 5.3(a); and

6. The flock must receive a poultry inspection certificate indicating negative avian influenza status prior to movement.

"NJDA" shall mean the New Jersey Department of Agriculture.

"Positive sample" means a diagnostic specimen that is:

1. Positive for avian influenza virus, subtype H5 or H7, by realtime reverse transcriptase/polymerase chain reaction assay (RRT-PCR), gene sequencing, or virus isolation;

2. Positive for specific antibodies to avian influenza virus, subtype H5 or H7, but not as a consequence of vaccination; or

3. Other avian influenza virus subtypes based on epidemiologic evaluation and risk determination.

Specimens positive for avian influenza virus must be confirmed by the National Veterinary Services Laboratory.

"Poultry" means any species of domestic fowl raised for food production or other purposes, including, but not limited to, chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl, guinea fowl and game birds.

"Poultry dealer" means any business entity or individual engaged in the business of trading birds in the live bird marketing system, acquiring birds from multiple flocks and geographic areas for resale, and/or movement of live poultry between the production/supplier flocks and live bird markets.

"Poultry distributor" means any business entity or individual working within the distribution system serving the live bird markets, including, but not limited to, production/supplier flocks, wholesalers, poultry dealers, haulers/truckers and qualified poultry auctions.

"Poultry inspection certificate" means a document issued by a state agency based on negative avian influenza test results by a United Stated Department of Agriculture (USDA) approved laboratory. The certificate shall be accompanied by a copy of the finalized laboratory report indicating that the poultry tested negative for avian influenza. The certificate shall include:

1. The full name of the flock owner and the phone number of the flock owner/manager;

2. The address of the origin of the poultry;

3. The breeds and quantity of all poultry maintained on the premises of origin at the time of testing that qualify for movement;

4. The dates that the poultry were tested, number of samples collected, lab accession number(s) of qualifying tests and a statement of negative avian influenza status;

5. The date of issue and expiration date of the certificate;

6. A signed statement by the flock owner certifying that the identified poultry are from:

i. A monitored flock; or

ii. A tested flock; and

7. A signed statement by an accredited veterinarian, animal health official or certified poultry technician certifying that the flock was inspected at the time of testing and no signs of clinical disease were observed.

"Poultry invoice" means a document issued by a poultry distributor or production/supplier flock, which shall include:

1.The full name and address of the poultry distributor or production/supplier flock where the poultry originated;

2. The breeds and quantity of the poultry being moved;

3. The date of movement;

4. A statement of negative avian influenza status; and

5.The name and address of the poultry distributor or live bird market where the poultry are being moved.

"Production/supplier flock" means the backyard flock or farm that is the origin of poultry offered for sale within the live bird marketing system.

"Qualified poultry auction" means an auction where all poultry have tested negative for avian influenza prior to entering the auction, surveillance is conducted at the auction and an authorized agent of the New Jersey Department of Agriculture is present during the sale of the birds. These auctions shall be considered poultry distributors within the live bird marketing system.

"State Veterinarian" means the state official who is responsible for the livestock and poultry disease control and eradication programs in a state.

"State animal health department" means the department or division within the executive branch of a state government who is responsible for development and implementation of livestock and poultry disease control and eradication programs for the state.

"Tested flock" means an established flock in which 30 birds have tested negative for avian influenza 10 days prior to the date of movement and no poultry have been added to the flock after testing and prior to movement. If the flock contains less than 30 birds, all birds within the flock must be tested.

"Unit" means any division or quantity accepted as a standard of measurement or exchange. Where it is possible to determine the exact number of animals (livestock or poultry), the Department will use that number as the basis for calculating a penalty. Where the exact number of animals is not known, the department will use the next identifiable quantity as the unit (that is, crate or truckload) on which the penalty will be based.

"USDA" shall mean the United States Department of Agriculture.

"Wholesaler" means a business with a permanent facility that buys birds from production/supplier flocks, poultry distributors, or qualified poultry auctions, and then trades or resells them.

N.J. Admin. Code § 2:9-2.1

Amended by 46 N.J.R. 1471(b), effective 6/16/2014