ARC 3993C

ARC 3993C

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Adopted and Filed

Rule making related to pre-entry permitting

The Agriculture and Land Stewardship Department hereby amends Chapter 65, "Animal and Livestock Importation," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in Iowa Code section 163.1.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code chapter 163.

Purpose and Summary

These amendments modify the pre-entry import permitting required of businesses due to avian influenza or Newcastle outbreaks in their states. Producers for which permitting is required are identified by their placement in the ten-kilometer circle of an infected site, instead of by the state involved. The time frame for permitting is reduced from 90 days to 30 days. However, the Department may during the 30-day permitting time identify a different area or time based on epidemiological reasons. In addition, the type of test required is modified, and the name of the Newcastle disease is updated.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 18, 2018, as ARC 3892C. The Iowa Poultry Association commented in support of the rule making. No changes from the Notice have been made.

Adoption of Rule Making

This rule making was adopted by the Department on August 22, 2018.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

This rule making will become effective on October 17, 2018.

The following rule-making actions are adopted:

Item 1. Amend rule 21—65.1(163), definition of "Avian influenza- or exotic Newcastle disease-affected state," as follows:

"Avian influenza- or exotic virulent Newcastle disease-affected state area" or "AI- or END-affected state VND-affected area" means any state the ten-kilometer circle in which avian influenza subtype H5 or H7 or END VND virus has been diagnosed in poultry within the last 90 30 days prior to importation, unless the department has issued an order during the 30 days identifying a different area or time based on epidemiological reasons.

Item 2. Amend subrule 65.2(1) as follows:

65.2(1) Requests for permits should be directed to the Animal Industry Bureau, Department of Agriculture and Land Stewardship, Wallace State Office Building, Des Moines, Iowa 50319, or may be made by telephoning the bureau at (515)281-5547 during normal business hours (7:30 a.m.to 4:30 p.m.).

Item 3. Amend paragraph 65.2(3)"b" as follows:

b. All domestic fowl or poultry originating from an AI- or END-affected state VND-affected area.

Item 4. Amend subrule 65.11(2) as follows:

65.11(2) Restrictions and limitations, general.

a. All poultry, domestic fowl, and their hatching eggs being imported into the state and not originating from an AI- or END-affected state VND-affected area must have a pre-entry permit issued by the Iowa Poultry Association. This permit may be obtained by calling (515)727-4701, extension 10 100.

b. Importations from an AI- or END-affected state VND-affected area.

(1)Approval. All domestic fowl, live poultry or poultry products from an AI- or END-affected state(s) VND-affected area may be considered for importation on a case-by-case basis following a risk assessment.

(2)Documentation. Poultry or poultry products must originate from a flock that is classified as AI clean under provision of the NPIP. The CVI must indicate that the poultry or poultry products originate from an AI- or END-negative VND-negative flock and include a description of the birds, the test date, test results, and the name of the testing laboratory. The initial tests required for pre-entry permitting of a flock from an AI-affected area include polymerase chain reaction (PCR) and agar gel precipitin (AGP) or enzyme-linked immunosorbent assay (ELISA). The PCR test is required for subsequent permitting during the originating area's continuous designation as AI-affected. PCR is the test required of a flock from a VND-affected area.

(3)Pre-entry permit. All domestic fowl, live poultry or poultry products originating from an AI- or END-affected state VND-affected area must have a pre-entry permit issued by the state veterinarian. Requests for pre-entry permits should be directed to the Animal Industry Bureau, Department of Agriculture and Land Stewardship, Wallace State Office Building, Des Moines, Iowa 50319, or may be made by telephoning (515)281-4103 during normal business hours.

(4)No change.

[Filed 8/22/18, effective 10/17/18]

[Published 9/12/18]

Editor's Note: For replacement pages for IAC, see IAC Supplement 9/12/18.