Document

National Poultry Improvement Plan and Auxiliary Provisions

We are proposing to amend the regulations governing the National Poultry Improvement Plan (NPIP). These amendments would, among other things, clarify existing provisions of the ...

Department of Agriculture
Animal and Plant Health Inspection Service
  1. 9 CFR Parts 145, 146, and 147
  2. [Docket No. APHIS-2025-0033]
  3. RIN 0579-AE89

AGENCY:

Animal and Plant Health Inspection Service, USDA.

ACTION:

Proposed rule.

SUMMARY:

We are proposing to amend the regulations governing the National Poultry Improvement Plan (NPIP). These amendments would, among other things, clarify existing provisions of the regulations, fix editorial errors, and align the regulations more closely with current producer practices. These proposed changes were voted on and approved by the voting delegates at the NPIP's 2024 National Plan Conference.

DATES:

We will consider all comments that we receive on or before October 5, 2026.

ADDRESSES:

You may submit comments by either of the following methods:

  • Federal eRulemaking Portal: Go to www.regulations.gov. Enter APHIS-2025-0033 in the Search field. Select the Documents tab, then select the Comment button in the list of documents.
  • Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2025-0033, Regulatory Analysis and Development, PPD, APHIS, 5601 Sunnyside Ave., #AP760, Beltsville, MD 20705.

Supporting documents and any comments we receive on this docket may be viewed at Regulations.gov or in our reading room, which is located in Room 1620 of the USDA South Building, 14th Street and Independence Avenue SW, Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT:

Dr. Savannah Busby, Acting NPIP Senior Coordinator, National Poultry Improvement Plan, 1506 Klondike Road, Suite 301, Conyers, GA 30094.

SUPPLEMENTARY INFORMATION:

Background

The National Poultry Improvement Plan (NPIP, also referred to below as “the Plan”) is a cooperative Federal-State-industry mechanism for controlling certain poultry diseases. The Plan consists of a variety of programs intended to prevent and control poultry diseases. Participation in all Plan programs is voluntary, but breeding flocks, hatcheries, and dealers must first qualify as “U.S. Pullorum-Typhoid Clean” as a condition for participating in the other Plan programs.

The Plan identifies States, independent flocks, hatcheries, dealers, and slaughter plants that meet certain disease control standards specified in the Plan's various programs. As a result, customers can buy poultry that has tested clean of certain diseases or that has been produced under disease-prevention conditions.

The regulations in 9 CFR parts 56, 145, 146, and 147 (referred to below as the regulations) contain the provisions of the Plan. The Animal and Plant Health Inspection Service (APHIS) amends these provisions from time to time to incorporate new scientific information and technologies within the Plan, and to ensure the plan reflects changes to the poultry industry itself. The changes we are proposing, which are discussed below, were approved by the voting delegates at the Plan's 2024 Biennial Conference. Participants and voting delegates at the Biennial Conference represented the poultry industry, flock owners, breeders, hatchery men, slaughter plants, poultry veterinarians, diagnostic laboratory personnel, Official State Agencies from cooperating States, and other poultry industry affiliates.

Proposed Revisions to Part 145

Section 145.1 of the regulations provides general definitions of terms used within the NPIP regulations. We are proposing several revisions to this section.

The term authorized laboratory is currently defined in the regulations as “An authorized laboratory is a laboratory that meets the requirements of § 147.52 and is thus qualified to perform assays in accordance with part 147 of this subchapter.” We are ( printed page 50489) proposing to update the definition to bring its format into alignment with the other definitions in this section, but are making no substantive changes to it. Specifically, we are proposing to remove the words “An authorized laboratory is.”

The term baby poultry is currently defined as “newly hatched poultry (chicks, poults, ducklings, goslings, keets, etc.).” We are proposing to amend the definition to specify that the newly hatched poultry are up to 3 days of age. APHIS' import protocols consider baby poultry to be up to 72 hours of age. This change would thus harmonize the understanding of the term within NPIP with these import protocols.

The definition for the term NPIP program standards includes the address for the NPIP website. We are amending this definition to update the URL. We are making no substantive changes to the definition.

The term official supervision is currently defined as it applies to Plan programs and to non-Plan but equivalent State poultry improvement programs. We are proposing to add an additional paragraph to the definition for the term as applied to non-Plan but equivalent programs abroad as determined by the Official State Agency (OSA), with the concurrence of APHIS. This revision is a harmonizing change tied to revisions we are proposing to § 145.4, discussed below.

The term primary breeding flock is currently defined as “A flock composed of one or more generations that is maintained for the purpose of establishing, continuing, or improving parent lines.” We are proposing to revise the definition to replace the words “parent lines” with the words “breeding lines.” We are making this change because a breeding flock could be maintained for both continuing and improving genetics and therefore might not always be using parent lines, but rather breeding lines to improve genetics. We are also proposing to add the word “and/” before “or” because a breeding flock may be maintained for more than one purpose.

We are also proposing to add a definition of remote inspection to read “an interactive, remote visual study of a premises or flock, performed in real time by the Official State Agent or authorized designee via telecommunication using audio and video-capture devices and supporting platforms. Additionally, the standard for remote inspection should align with expectations defined in § 145.1 of this chapter for the term “Official Supervision.” We are proposing to add this definition to distinguish remote inspection from in-person visits to facilities. Adding this definition would clarify the use of combination, audio/video capture devices, in real time, for the performance of NPIP inspections. Remote inspections provide increased biosecurity and efficiency for both facilities and personnel.

Currently the term sanitize is defined as “to treat with a product which is registered by the Environmental Protection Agency as germicidal, fungicidal, pseudomonocidal, or tuberculocidal, in accordance with the specifications for use as shown on the label of each product. The Official State Agency, with the concurrence of the Service, shall approve each product or procedure according to its specified usage.” We are proposing to revise the definition to include virucidal products and procedures because some of the disease agents of concern are viruses. Additionally, we are proposing to correct the spelling of “pseudomonocidal” to “pseudomonacidal.”

Section 145.4

Section 145.4 provides general provisions for all participants in the Plan. Currently, paragraph (d) of § 145.4 generally prohibits participants in the Plan from buying or receiving products for any purpose from nonparticipants unless the nonparticipants are part of an equivalent program, as determined by the OSA. The paragraph provides a limited exemption from this general prohibition for breeding flocks or experimental purposes, with the permission of the OSA and concurrence of APHIS, and provided that all bird additions to the flock are segregated before introduction into the flock and tested at sexual maturity for any diseases for which the flock has an NPIP classification.

We are proposing to amend § 145.4 by adding a new paragraph (f). The new paragraph would set forth requirements for importation of products from non-participant flocks located outside of the United States that may not follow those requirements of the Plan, but may be considered equivalent if they demonstrate freedom of infection from Plan diseases. (Plan diseases currently include avian influenza, and those produced by S. pullorum (pullorum disease), S. gallinarum (fowl typhoid), S. enterica var. enteritidis, Mycoplasma gallisepticum (MG, chronic respiratory disease, and infectious sinusitis in turkeys), M. synoviae (MS, infectious synovitis), and M. meleagridis (MM, day-old airsacculitis).)

We are proposing to allow such products to be brought into a participant hatchery without the conditions listed in § 145.4(d), provided that they can demonstrate freedom from Plan disease infection through the following conditions:

We are proposing this change because the current language addressing equivalencies for non-participant flocks assumes origin within the United States. Non-participant flocks located outside of the United States are subject to their own national health programs and health schedules to address regional epidemiological conditions of disease statuses, which may not reflect those within the Plan, yet may be able to demonstrate freedom of infection for Plan diseases. While poultry primary breeders in the United States routinely import poultry breeding stock from business units around the world to ensure continuous supply of chicks and genetic diversity, segregation of imported product from non-participant flocks may not always be feasible (for example, if imports are frequent and/or a large number of birds are imported in each shipment). However, the health status of source flocks could be ( printed page 50490) demonstrated as equivalent through different health programs, by foreign government certification that satisfies APHIS's import requirements for entry into the United States, and/or by testing prior to importation of product into the United States.

Our proposed provisions would ensure a clear path for the incorporation of safe product from non-participant flocks into the commercial pipeline of the corresponding subparts.

We would also revise the introductory text of paragraph (d) to include a reference to paragraph (f). We would also revise paragraph (d) to indicate that APHIS must concur with an OSA's determination that a nonparticipant is part of an equivalent program. The definition of equivalent or equivalent requirement in § 145.1 indicates that equivalency must be determined by OSAs with APHIS' concurrence, but this latter provision is not currently reflected in paragraph (d) of § 145.4.

Section 145.5 provides specific provisions for participating flocks in the Plan. Paragraph (a) of the section provides that poultry equipment, and poultry houses and the land in the immediate vicinity thereof, shall be kept in sanitary condition in accordance with the requirements of part 147. Paragraph (a) further requires that the participating flock, its eggs, and all equipment used in connection with the flock shall be separated from nonparticipating flocks, in a manner acceptable to the Official State Agency.

We are proposing to amend 145.5(a) to provide an exception for eggs imported from another country provided that the eggs come from flocks demonstrated by certification and testing to be free of Plan diseases or considered equivalent by the Official State Agency with concurrence by the Service as provided under paragraph § 145.4(f).

As with the changes we are proposing to § 145.4 above, we are proposing this change to address equivalencies for non-participant flocks that are not located within the United States but are subject to their own national health programs and health schedules to address regional epidemiological conditions of disease statuses, and may be able to demonstrate freedom of infection for Plan diseases. Modification of this specific provision within Part 145 would provide greater clarity and a clearer path for the incorporation of safe product from non-participant flocks located abroad into the commercial pipeline of the corresponding subparts.

Newcastle Disease Clean Program Requirements

Section 145.43 provides program classifications for turkey breeding flocks and products. Within this section, paragraph (h) describes how producers in the breeding-hatchery industry may achieve Newcastle disease clean status through participation in a program for the prevention and control of Newcastle disease. We are proposing to make several changes to paragraph (h).

First, we are proposing to amend the introductory text for the paragraph. The introductory text currently describes the program as intended to be the basis from which the breeding hatchery industry may conduct a program for the prevention and control of Newcastle disease. We are proposing to revise the text to specify that the program is intended to be the basis from which the primary breeding-hatchery industry may demonstrate the prevention and control of virulent Newcastle disease. The first revision is necessary because the program, operationally, is specific to the primary breeding-hatchery industry rather than the entire breeding-hatchery industry. The latter change is warranted due to changes that we are proposing regarding the requirements for Newcastle disease clean status, which we discuss below.

The introductory text also currently specifies that the program is intended to determine the presence of Newcastle disease in primary breeding turkeys through vaccination and/or monitoring of each participating breeding flock, and that a flock and the hatching eggs and poults produced from it will qualify for classification after meeting certain requirements. We are proposing to further revise the paragraph to specify that the program is intended to be used as an added measure of assurance for only those participants that are enrolled in and members in good standing of the U.S. H5/H7 AI Clean Compartment program.

Paragraphs (h)(1) through (h)(4) currently provide the requirements that a flock and hatching eggs and poults must meet to be classified. Paragraph (h)(1) provides criteria for flocks vaccinated and unvaccinated for Newcastle disease. We are proposing to revise paragraph (h)(1) to provide instead that hatcheries must be kept in a sanitary condition as applicable and as outlined in § 145.6.

Paragraph (h)(2) provides requirements to retain classification for vaccinated flocks. We are proposing to revise paragraph (h)(2) to provide that participants in the program must belong to and be members in good standing as determined by the Official State Agency of the U.S. H5/H7 Avian Influenza Clean Compartment Program.

Paragraph (h)(3) contains provisions for maintaining classification for unvaccinated flocks. We are proposing to remove paragraph (h)(3).

Paragraph (h)(4) provides that Newcastle disease must be a disease reportable to the responsible State authority (State veterinarian, etc.) by all licensed veterinarians. To accomplish this, all laboratories (private, State, and university laboratories) that perform diagnostic procedures on poultry must examine all submitted cases of unexplained respiratory disease, egg production drops, and mortality for Newcastle disease. We are proposing to redesignate (h)(4) as (h)(3) and revise it to update the name of the disease to virulent Newcastle disease.

We are proposing these changes because the current structure of the Newcastle disease Clean program is seen as too complex and a barrier to programmatic success by the poultry industry in light of the United States' current status for Newcastle disease. The United States is free of Newcastle disease, and the disease is a reportable disease if introduced. Thus, a program based on prophylactic industry practices such as vaccination is unwarranted. It also is onerous given the intended purpose of the program at the time of its creation, which was to support the avian influenza compartmentalization program by providing additional assurances in the domestic industry's ability to survey and control for foreign animal diseases affecting poultry. However, as written, the Newcastle disease clean program has instead become a hindrance to the AI compartmentalization program and undermined initial intent.

We are also proposing to make parallel changes to paragraph (h) of § 145.73, which contains the Newcastle disease clean status provisions for the primary egg-type chicken breeding industry, as well as paragraph (h) of § 145.83, which contains the Newcastle disease clean status provisions for the primary meat-type chicken breeding industry.

Pullorum-Typhoid Clean Program

Section 145.23 contains program classifications for the multiplier egg-type chicken breeding industry. Within § 145.23, paragraph (b) describes how producers in the industry may achieve Pullorum-Typhoid clean status. Paragraphs (b)(1) through (b)(4) provide four separate means for producers to achieve such status. ( printed page 50491)

Paragraph (b)(3) affords producers clean status, provided that, among other requirements, APHIS determines that all poultry, including exhibition, exotic, and game birds, but excluding waterfowl, going to public exhibition come from U.S. Pullorum-Typhoid Clean or equivalent flocks, or have had a negative pullorum-typhoid test within 90 days of going to public exhibition. Similar provisions exist in § 145.33 for Pullorum-Typhoid clean status for multiplier meat-type chicken breeding flocks, in § 145.53 for Pullorum-Typhoid clean status for hobbyist and exhibition poultry and raised-for-release waterfowl breeding flocks, in § 145.73 for Pullorum-Typhoid clean status for primary egg-type chicken breeding flocks, in § 145.83 for Pullorum-Typhoid clean status for primary meat-type chicken breeding flocks, in § 145.93 for Pullorum-Typhoid clean status for meat-type waterfowl breeding flocks, and in § 145.103 for Pullorum-Typhoid clean status for egg/meat-type game bird and raised-for-release game bird breeding flocks.

In each of these sections, we are proposing that, instead of coming from Pullorum-Typhoid Clean or equivalent flocks or having a negative test within 90 day of going to public exhibition, birds may go to public exhibition if APHIS and the OSA in the State in question, in consultation with the State animal health official, approve a surveillance program for Pullorum-Typhoid in the State for poultry, including exhibition, exotic, and game birds, but excluding waterfowl going to public exhibition, and this surveillance program utilizes negative Pullorum- Typhoid testing within 90 days of going to public exhibition or sourcing from Pullorum-Typhoid Clean or equivalent flocks.

Salmonella pullorum antigen testing has become increasingly difficult to obtain in recent years, as have certified testers, even as detections in exhibition birds have become increasingly rare (for example, Salmonella pullorum has not been diagnosed in exhibition birds in over thirty years in the State of Virginia). This alternate provision would allow States to develop surveillance programs for poultry intended for public exhibition and to present these to APHIS and the OSA in question for approval in lieu of testing of all birds not originating from Pullorum-Typhoid Clean or equivalent flocks.

Updated Abbreviations

Section 145.45 provides terminology and classification for compartments relative to turkey breeding flocks and products. Paragraph (a)(1) of this section defines a United States H5/H7 avian influenza and Newcastle disease clean compartment. Section 145.74(a) sets out requirements for U.S. Avian Influenza and Newcastle Disease Clean Compartment. Section 145.84 provides terminology and classifications for compartments; within that section paragraph (a)(1) provides the definition of a compartment.

We are proposing to revise these paragraphs to update the abbreviation for the World Organization for Animal Health from the legacy abbreviation OIE to the modern abbreviation WOAH. We are making no substantive changes to these paragraphs.

Proposed Revisions to Part 146

Definitional Changes

Part 146 provides general provisions for commercial poultry. In this part, § 146.1 contains definitions. We are proposing to revise the definition of authorized laboratory in this section consistent with the revisions made to the definition of authorized laboratory in § 145.1 discussed above.

Section 146.6 sets forth specific provisions for participating slaughter plants. In that section, paragraph (a) specifies that only commercial upland game bird, commercial waterfowl, meat-type chicken, and meat-type turkey slaughter plants that are under continuous inspection by the Food Safety and Inspection Service (FSIS) of the Department or under State inspection that FSIS has recognized as equivalent to Federal inspection may participate in the Plan. We are proposing to revise this paragraph by replacing the words “equivalent to” with the words “at least equal to.”

Section 146.31 contains definitions pertaining to special provisions for meat-type chicken slaughter plants. In that section, the term meat-type chicken slaughter plant is defined as “a meat-type chicken slaughter plant that is federally inspected or under State inspection that the Food Safety and Inspection Service has recognized as equivalent to Federal inspection.” We are proposing to revise this definition to replace the words “equivalent to” with the words “at least equal to.”

Section 146.41 contains definitions pertaining to special provisions for meat-type turkey slaughter plants. In this section, the term meat-type turkey slaughter plant is defined as “a meat-type turkey slaughter plant that is federally inspected or under State inspection that the Food Safety and Inspection Service has recognized as equivalent to Federal inspection. We are proposing to revise this definition to replace the words “equivalent to” with the words “at least equal to.”

Section 146.51 contains definitions applicable to special provisions for hobbyist and exhibition poultry and raised-for-release waterfowl breeding flocks and products. In this section, the term “ meat-type game bird slaughter plant” is defined as “ Meat-type game bird slaughter plant. A meat-type game bird slaughter plant that is federally inspected or under State inspection that the U.S. Department of Agriculture's Food Safety and Inspection Service has recognized as equivalent to Federal inspection,” and the term meat-type waterfowl slaughter plant is defined as “a meat-type waterfowl slaughter plant that is federally inspected or under State inspection that the U.S. Department of Agriculture's Food Safety and Inspection Service has recognized as equivalent to Federal inspection.” We are proposing to revise both these definitions to replace the words “equivalent to” with the words “at least equal to.”

We are proposing these changes to §§ 146.6, 146.31, 146.41, and 146.51 to align the language in those sections with the language in the Federal Meat Inspection Act (FMIA; 21 U.S.C. 601-695) and the Poultry Product Inspection Act (PPIA, 21 U.S.C. 451-473). Section 661 of the FMIA and § 454 of the PPIA authorize the Food Safety Inspection Service to cooperate with State agencies in developing and administering their own meat or poultry products inspection programs for the inspection and regulation of products that are produced and sold solely within the State. These cooperative State inspection programs are required to operate in a manner and with authorities “at least equal to,” but not necessarily identical to, the provisions set out in the FMIA and PPIA. Our proposed revisions are thus consistent with the FMIA and PPIA and would not penalize a State inspection program that, for example, exceeds the level of inspection at FSIS-inspected facilities.

H5/H7 Avian Influenza Testing

Within part 146, § 146.33 contains provisions governing H5/H7 Avian Influenza monitored status for meat-type chicken slaughter plants. Paragraph (a)(2) of the section specifies that a slaughtering plant may qualify for this classification if it accepts only meat-type chickens from flocks where a minimum of 11 birds have been tested negative for antibodies to the H5/H7 subtypes of avian influenza. To reflect that H5/H7 testing typically is now often for the presence of the virus itself, ( printed page 50492) rather than for antibodies generated by the presence of the virus, and to remove limitations that would preclude the use of such tests, we are proposing to remove reference to antibodies.

Proposed Revisions to Part 147

Section 147 subpart F contains provisions regarding authorized laboratories and approved tests and sanitation procedures. Section 147.51 contains definitions that apply to subpart F.

We are proposing to revise the definition of NPIP Program Standards to update the URL contained in the definition. This change is consistent with the change made to the definition of NPIP Program Standards in § 145.1.

Proposed Revisions to NPIP Program Standards

We have also prepared updates to the NPIP Program Standards document. The proposed updates would amend several sections of the document. Specifically, we would:

These changes would help ensure that the Program Standards are aligned with our proposed revisions to the regulations themselves and improve version control.

Editorial Revision

In preparing this proposed rule, we identified that, within § 145.14 of the regulations, paragraphs (a)(1) and (a)(6) currently state that alternatives to program standards may be approved by the Administrator under § 145.73. This is, however, a typographical error; alternative standards may be approved by the Administrator under § 147.53, not 145.73. We would correct this error.

Executive Order 12866, Executive Order 14192, and Regulatory Flexibility Act

This proposed rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. As a proposed rule, it also is not subject to Executive Order 14192.

This rulemaking would result in various changes to regulations in 9 CFR parts 145 through 147, modifying provisions of the NPIP. The modifications are recommended by the NPIP General Conference Committee (GCC), which represents cooperating State agencies and poultry industry members and advises the Secretary on issues pertaining to poultry health. These amendments would, among other things, clarify existing provisions of the regulations, fix editorial errors, and align the regulations more closely with current producer practices.

These changes would also align the regulations with international standards and make them more transparent to APHIS stakeholders and the general public. The changes included in this proposed rule were voted on and approved by the voting delegates at the Plan's 2024 Biennial Conference.

The establishments that would be affected by this rulemaking—principally entities engaged in poultry production and processing—are predominantly small by Small Business Administration standards. In those instances in which an addition or modification could potentially result in a cost to certain entities, we do not expect the costs to be significant. This proposed rule embodies changes decided upon by the NPIP GCC on behalf of Plan members, that is, changes recognized by the poultry industry as in their interest. We note that NPIP membership is voluntary.

Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action, if promulgated, will not have a significant economic impact on a substantial number of small entities.

Executive Order 12372

This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 2 CFR chapter IV.)

Executive Order 12988

This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. If this proposed rule is adopted: (1) All State and local laws and regulations that are in conflict with this rule will be preempted; (2) no retroactive effect will be given to this rule; and (3) administrative proceedings will not be required before parties may file suit in court challenging this rule.

Paperwork Reduction Act

In accordance with section 3507(d) of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the reporting and recordkeeping requirements included in this proposed rule are approved by the Office of Management and Budget (OMB) under OMB control number 0579-0007.

Lists of Subjects

9 CFR Part 145

  • Animal diseases
  • Poultry and poultry products
  • Reporting and recordkeeping requirements

9 CFR Part 146

  • Animal diseases
  • Poultry and poultry products
  • Reporting and recordkeeping requirements

9 CFR Part 147

  • Animal diseases
  • Poultry and poultry products
  • Reporting and recordkeeping requirements

Accordingly, we propose to revise 9 CFR part 145, 9 CFR part 146, and 9 CFR part 147 to read as follows:

PART 145—NATIONAL POULTRY IMPROVEMENT PLAN FOR BREEDING POULTRY

1. The authority citation for part 145 continues to read as follows:

Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

2. Amend § 145.1 as follows:

a. By revising the definitions of “ authorized laboratory”,baby poultry”,NPIP program standards”,official supervision”, and primary breeding flock;

b. By adding a definition of “ remote inspection”; and

c. By revising the definition of “ sanitize.”

The revisions and addition read as set forth below.

Definitions.

Authorized laboratory. A laboratory that meets the requirements of § 147.52 and is thus qualified to perform assays in accordance with part 147 of this subchapter.

* * * * *
( printed page 50493)

Baby poultry. Newly hatched poultry (chicks, poults, ducklings, goslings, keets, etc.) up to 3 days of age.

* * * * *

NPIP Program Standards. A document that contains tests and sanitation procedures approved by the Administrator in accordance with § 147.53 of this subchapter for use under this subchapter. This document may be obtained from the National Poultry Improvement Plan (NPIP) website at https://www.poultryimprovement.org or by writing to the Service at National Poultry Improvement Plan, APHIS, USDA, 1506 Klondike Road, Suite 301, Conyers, GA 30094.

* * * * *

Official supervision

(1) As applied to Plan programs. The direction, inspection, and critical evaluation by the Official State Agency of compliance with the provisions of the Plan;

(2) As applied to non-Plan but equivalent State poultry improvement programs. The direction, inspection, and critical evaluation by an officer or agency of a State government, of compliance with a publicly announced State poultry improvement program.

(3) As applied to non-Plan but equivalent programs abroad as determined by the Official State Agency, with concurrence of the Service. The inspection and critical evaluation by a foreign country of poultry improvement programs within that country.

* * * * *

Primary breeding flock. A flock composed of one or more generations that is maintained for the purpose of establishing, continuing, and/or improving breeding lines.

* * * * *

Remote inspection. An interactive, remote visual study of a premises or flock, performed in real time by the Official State Agent or authorized designee via telecommunication using audio and video-capture devices and supporting platforms. Additionally, the standard for remote inspection should align with expectations defined in § 145.1 of this chapter for the term “Official supervision.”

* * * * *

Sanitize. To treat with a product which is registered by the Environmental Protection Agency as germicidal, virucidal, fungicidal, pseudomonacidal, or tuberculocidal, in accordance with the specifications for use as shown on the label of each product. The Official State Agency, with the concurrence of the Service, shall approve each product or procedure according to its specified usage.

* * * * *

3. Amend § 145.4 by revising the introductory text of paragraph (d) and adding a new paragraph (f) to read as set forth below.

General provisions for all participants.
* * * * *

(d) Except as provided by this paragraph or (f) of this part, participants in the Plan may not buy or receive products for any purpose from nonparticipants unless they are part of an equivalent program, as determined by the Official State Agency, with concurrence of the Service. Participants in the Plan may buy or receive products from flocks that are neither participants nor part of an equivalent program, for use in breeding flocks or for experimental purposes, under the following conditions only:

* * * * *

(f) For products from non-participant flocks located outside of the USA, importation may be permissible without the conditions listed under paragraph (d) of this section only after freedom of infection from Plan diseases can be demonstrated. Such products may only be imported into a participant hatchery, and must demonstrate freedom of infection from Plan diseases through the following:

(1) They comply with the import requirements set by APHIS as attested by a certificate issued in accordance with § 93.205 of this chapter, and

(2) They are approved for importation upon inspection as provided in § 93.207 of this chapter, and

(3) If the NPIP hatchery participates in Plan disease classifications not covered by the certificate of the exporting country, additional testing or testing history of the flock(s) of origin may be required to demonstrate freedom from infection for each applicable classification. In addition, for non-NPIP laboratories, evidence that at least two of the following conditions are met will be required:

(i) The laboratory has official certification to conduct the testing methodology from the country of origin;

(ii) The laboratory possesses an international certification of practice standardization similar to ISO (International Organization for Standardization);

(iii) It follows international laboratory protocols for the Plan diseases of interest, as these are set forth for domestic laboratories within NPIP or, alternatively, follows WOAH (World Organization for Animal Health) protocols.

* * * * *

4. Amend § 145.5 by revising paragraph (a) to read as set forth below.

Specific provisions for participating flocks.

(a) Poultry equipment, and poultry houses and the land in the immediate vicinity thereof, shall be kept in sanitary condition in accordance with part 147 of this subchapter. The participating flock, its eggs, and all equipment used in connection with the flock shall be separated from nonparticipating flocks, in a manner acceptable to the Official State Agency, unless eggs imported from another country come from flocks demonstrated by certification and testing to be free of Plan diseases or considered equivalent by the OSA with concurrence by the Service as provided for in § 145.4(f) of this subpart.

[Amended]

5. In § 145.14, amend paragraphs (a)(1) and (a)(6)(ii) by removing the words “§ 145.73” and adding the words “§ 147.53” in their place.

6. Amend § 145.23 by revising paragraph (b)(3)(vii) to read as set forth below.

Terminology and classification; flocks and products.
* * * * *

(b) * * *

(3) * * *

(vii) All poultry, including exhibition, exotic, and game birds, but excluding waterfowl, going to public exhibition shall come from U.S. Pullorum-Typhoid Clean or equivalent flocks, or have had a negative pullorum-typhoid test within 90 days of going to public exhibition; or, alternatively, a surveillance program approved by the OSA and the Service, in consultation with the State Animal Health Official, is in place for poultry, including exhibition, exotic, and game birds, but excluding waterfowl going to public exhibition that utilizes negative Pullorum typhoid testing within 90 days of going to public exhibition, or sourcing from US Pullorum Typhoid Clean or equivalent flocks;

* * * * *

7. Amend § 145.33 by revising paragraph (b)(3)(vii) to read as set forth below.

Terminology and classification; flocks and products.
* * * * *

(b) * * *

(3) * * *

(vii) All poultry, including exhibition, exotic, and game birds, but excluding ( printed page 50494) waterfowl, going to public exhibition shall come from U.S. Pullorum-Typhoid Clean or equivalent flocks, or have had a negative pullorum-typhoid test within 90 days of going to public exhibition; or, alternatively, a surveillance program approved by the OSA and the Service, in consultation with the State Animal Health Official, is in place for poultry, including exhibition, exotic, and game birds, but excluding waterfowl going to public exhibition that utilizes negative Pullorum typhoid testing within 90 days of going to public exhibition, or sourcing from US Pullorum Typhoid Clean or equivalent flocks;

* * * * *

8. Amend § 145.43 by:

a. Revising paragraph (h) introductory text;

b. Revising paragraphs (h)(1)(a) and (h)(1)(b);

c. Removing paragraph (h)(1)(c);

d. Redesignating paragraph (h)(1)(d) as paragraph (h)(1)(c);

e. Revising newly designated paragraph (h)(1)(c).

The revisions read as follows.

Terminology and classification; flocks and products.
* * * * *

(h) U.S. Newcastle Disease Clean. The program in this paragraph (h) is intended to be the basis from which the primary breeding-hatchery industry may demonstrate the prevention and control of virulent Newcastle disease. It is intended to be used as an added measure of assurance for only those participants that are enrolled in and members in good standing of the U.S. H5/H7 AI Clean Compartment program. A flock and the hatching eggs and poults produced from it will qualify for classification in this paragraph (h) when the Official State Agency determines that they have met the following requirements:

(1) Hatcheries must be kept in a sanitary condition as applicable and as outlined in § 145.6 (within the NPIP Program Standards document, Program Standard C applies to hatcheries; alternatives to the program standards may also be approved by the Administrator under § 147.53 of this subchapter).

(2) Participants must belong to and be members in good standing of the U.S. H5/H7 Avian Influenza Clean Compartment Program, as determined by the Official State Agency.

(3) Virulent Newcastle disease must be reportable to the responsible State authority (State veterinarian, etc.) by all licensed veterinarians. To accomplish this, all laboratories (private, State, and university laboratories) that perform diagnostic procedures on poultry must examine all submitted cases of unexplained respiratory disease, egg production drops, and mortality for virulent ND.

[Amended]

9. Amend § 145.45:

a. In paragraph (a)(1), by adding the word “(WOAH)” after the words “World Organization for Animal Health”;

b. In paragraph (v), by removing the words “2 years” and adding the word “year” in their place.

10. Amend § 145.53 by revising paragraph (b)(3)(vii) to read as set forth below.

Terminology and classification; flocks and products.
* * * * *

(b) * * *

(3) * * *

(vii) All poultry, including exhibition, exotic, and game birds, but excluding waterfowl, going to public exhibition shall come from U.S. Pullorum-Typhoid Clean or equivalent flocks, or have had a negative pullorum-typhoid test within 90 days of going to public exhibition; or, alternatively, a surveillance program approved by the OSA and the Service, in consultation with the State Animal Health Official, is in place for poultry, including exhibition, exotic, and game birds, but excluding waterfowl going to public exhibition that utilizes negative Pullorum typhoid testing within 90 days of going to public exhibition, or sourcing from US Pullorum Typhoid Clean or equivalent flocks;

* * * * *

11. Amend § 145.73 by:

a. Revising paragraph (b)(2)(vii);

b. Revising paragraph (h) introductory text;

c. Revising paragraphs (h)(1)(a) and (b);

d. Removing paragraph (h)(1)(c);

e. Redesignating paragraph (h)(1)(d) as paragraph (h)(1)(c).

f. Revising newly designated paragraph (h)(1)(c).

The revisions read as follows.

Terminology and classification; flocks and products.
* * * * *

(b) * * *

(2) * * *

(vii) All poultry, including exhibition, exotic, and game birds, but excluding waterfowl, going to public exhibition shall come from U.S. Pullorum-Typhoid Clean or equivalent flocks, or have had a negative pullorum-typhoid test within 90 days of going to public exhibition; or, alternatively, a surveillance program approved by the OSA and the Service, in consultation with the State Animal Health Official, is in place for poultry, including exhibition, exotic, and game birds, but excluding waterfowl going to public exhibition that utilizes negative Pullorum typhoid testing within 90 days of going to public exhibition, or sourcing from US Pullorum Typhoid Clean or equivalent flocks;

* * * * *

(h) U.S. Newcastle Disease Clean. The program in this paragraph (h) is intended to be the basis from which the primary breeding-hatchery industry may demonstrate the prevention and control of virulent Newcastle disease. It is intended to be used as an added measure of assurance for only those participants that are enrolled in and members in good standing of the U.S. AI Clean Compartment program. A flock and the hatching eggs and chicks produced from it will qualify for classification in this paragraph (h) when the Official State Agency determines that they have met the following requirements:

(1) Hatcheries must be kept in a sanitary condition as applicable and as outlined in § 145.6 (within the NPIP Program Standards document, Program Standard C applies to hatcheries; alternatives to the program standards may also be approved by the Administrator under § 147.53 of this subchapter).

(2) Participants must belong to and be members in good standing as determined by the Official State Agency of the U.S. Avian Influenza Clean Compartment Program.

(3) Virulent Newcastle disease must be reportable to the responsible State authority (State veterinarian, etc.) by all licensed veterinarians. To accomplish this, all laboratories (private, State, and university laboratories) that perform diagnostic procedures on poultry must examine all submitted cases of unexplained respiratory disease, egg production drops, and mortality for virulent ND.

[Amended].

12. In § 145.74, revise paragraph (a)(1) by adding the word “WOAH” after the words “World Organization for Animal Health”.

13. Amend § 145.83 by:

a. Revising paragraph (b)(2)(i)(G)

b. Revising paragraph (h) introductory text;

c. Revising paragraphs (h)(1)(a) and (b);

d. Removing paragraph (h)(1)(c);

e. Redesignating paragraph (h)(1)(d) as paragraph (h)(1)(c).

f. Revising newly designated paragraph (h)(1)(c).

( printed page 50495)
Terminology and classification; flocks and products.
* * * * *

(b) * * *

(2) * * *

(i) * * *

(G) All poultry, including exhibition, exotic, and game birds, but excluding waterfowl, going to public exhibition shall come from U.S. Pullorum-Typhoid Clean or equivalent flocks, or have had a negative pullorum-typhoid test within 90 days of going to public exhibition; or, alternatively, a surveillance program approved by the OSA and the Service, in consultation with the State Animal Health Official, is in place for poultry, including exhibition, exotic, and game birds, but excluding waterfowl going to public exhibition that utilizes negative Pullorum typhoid testing within 90 days of going to public exhibition, or sourcing from US Pullorum Typhoid Clean or equivalent flocks;

* * * * *

(h) U.S. Newcastle Disease (ND) Clean. The program in this paragraph (h) is intended to be the basis from which the primary breeding-hatchery industry may demonstrate the prevention and control of virulent Newcastle disease. It is intended to be used as an added measure of assurance for only those participants that are enrolled in and members in good standing of the U.S. AI Clean Compartment program. A flock and the hatching eggs and chicks produced from it will qualify for classification in this paragraph (h) when the Official State Agency determines that they have met the following requirements:

(1) Hatcheries must be kept in a sanitary condition as applicable and as outlined in § 145.6 (within the NPIP Program Standards document, Program Standard C applies to hatcheries; alternatives to the program standards may also be approved by the Administrator under § 147.53 of this subchapter).

(2) Participants must belong to and be members in good standing as determined by the Official State Agency of the U.S. Avian Influenza Clean Compartment Program.

(3) Virulent Newcastle disease must be reportable to the responsible State authority (State veterinarian, etc.) by all licensed veterinarians. To accomplish this, all laboratories (private, State, and university laboratories) that perform diagnostic procedures on poultry must examine all submitted cases of unexplained respiratory disease, egg production drops, and mortality for virulent ND.

[Amended]

14. In § 145.84, revise paragraph (a)(1) by adding the word “(WOAH)” after the words “World Organization for Animal Health.”

15. Amend § 145.93 by revising paragraph (b)(3)(vii) to read as set forth below.

Terminology and classification; flocks and products.
* * * * *

(b) * * *

(3) * * *

(vii) All poultry, including exhibition, exotic, and game birds, but excluding waterfowl, going to public exhibition shall come from U.S. Pullorum-Typhoid Clean or equivalent flocks, or have had a negative pullorum-typhoid test within 90 days of going to public exhibition; or, alternatively, a surveillance program approved by the OSA and the Service, in consultation with the State Animal Health Official, is in place for poultry, including exhibition, exotic, and game birds, but excluding waterfowl going to public exhibition that utilizes negative Pullorum typhoid testing within 90 days of going to public exhibition, or sourcing from US Pullorum Typhoid Clean or equivalent flocks;

* * * * *

16. Amend § 145.103 by revising paragraph (b)(3)(vii) to read as set forth below.

Terminology and classification; flocks and products.
* * * * *

(b) * * *

(3) * * *

(vii) All poultry, including exhibition, exotic, and game birds, but excluding waterfowl, going to public exhibition shall come from U.S. Pullorum-Typhoid Clean or equivalent flocks, or have had a negative pullorum-typhoid test within 90 days of going to public exhibition; or, alternatively, a surveillance program approved by the OSA and the Service, in consultation with the State Animal Health Official, is in place for poultry, including exhibition, exotic, and game birds, but excluding waterfowl going to public exhibition that utilizes negative Pullorum typhoid testing within 90 days of going to public exhibition, or sourcing from US Pullorum Typhoid Clean or equivalent flocks;

* * * * *

PART 146—NATIONAL POULTRY IMPROVEMENT PLAN FOR COMMERCIAL POULTRY

17. The authority citation for part 146 continues to read as follows:

Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

18. Amend § 146.1 by revising the definition for authorized laboratory to read as set forth below:

Definitions.
* * * * *

Authorized laboratory. A laboratory that meets the requirements of § 147.52 and is thus qualified to perform assays in accordance with part 147 of this subchapter.

* * * * *

19. Amend § 146.6 by revising paragraph (a) to read as set forth below.

Specific provisions for participating slaughter plants.

(a) Only commercial upland game bird, commercial waterfowl, meat-type chicken, and meat-type turkey slaughter plants that are under continuous inspection by the Food Safety and Inspection Service of the Department or under State inspection that the Food Safety and Inspection Service has recognized as at least equal to Federal inspection may participate in the Plan.

20. Amend § 146.31 by revising the definition of meat-type chicken slaughter plant to read as set forth below.

Definitions.
* * * * *

Meat-type chicken slaughter plant. A meat-type chicken slaughter plant that is federally inspected or under State inspection that the Food Safety and Inspection Service has recognized as at least equal to Federal inspection.

* * * * *

21. Amend § 146.33 by revising paragraph (a)(2) to read as set forth below.

Terminology and Classification; meat-type chicken slaughter plants.
* * * * *

(a) * * *

(2) It is a meat-type chicken slaughter plant which accepts only meat-type chickens from flocks where a minimum of 11 birds have been tested negative for the H5/H7 subtypes of avian influenza, as provided in § 146.13(b), no more than 21 days prior to slaughter; or

* * * * *

22. Amend § 146.41 by revising the definition for meat-type turkey slaughter plant to read as set forth below.

Definitions.
* * * * *

Meat-type turkey slaughter plant. A meat-type turkey slaughter plant that is federally inspected or under State inspection that the Food Safety and Inspection Service has recognized as at least equal to Federal inspection. ( printed page 50496)

23. Amend § 146.51 by revising the definitions for meat-type game bird slaughter plant and meat-type waterfowl slaughter plant to read as set forth below.

Definitions.
* * * * *

Meat-type game bird slaughter plant. A meat-type game bird slaughter plant that is federally inspected or under State inspection that the U.S. Department of Agriculture's Food Safety and Inspection Service has recognized as at least equal to Federal inspection.

Meat-type waterfowl slaughter plant. A meat-type waterfowl slaughter plant that is federally inspected or under State inspection that the U.S. Department of Agriculture's Food Safety and Inspection Service has recognized as at least equal to Federal inspection.

* * * * *

PART 147—AUXILIARY PROVISIONS ON NATIONAL POULTRY IMPROVEMENT PLAN

24. The authority citation for part 147 continues to read as follows:

Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

25. Amend § 147.51 by revising the definition for NPIP Program Standards to read as set forth below.

Definitions.
* * * * *

NPIP Program Standards. A document that contains tests and sanitation procedures approved by the Administrator in accordance with § 147.53 of this subchapter for use under this subchapter. This document may be obtained from the National Poultry Improvement Plan (NPIP) website at https://www.poultryimprovement.org/​ or by writing to the Service at National Poultry Improvement Plan, APHIS, USDA, 1506 Klondike Road, Suite 301, Conyers, GA 30094.

* * * * *

Done in Washington, DC, this 31st day of July 2026.

Sarah Helming,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 2026-15845 Filed 8-4-26; 8:45 am]

BILLING CODE 3410-34-P

Legal Citation

Federal Register Citation

Use this for formal legal and research references to the published document.

91 FR 50488

Web Citation

Suggested Web Citation

Use this when citing the archival web version of the document.

“National Poultry Improvement Plan and Auxiliary Provisions,” thefederalregister.org (August 5, 2026), https://thefederalregister.org/documents/2026-15845/national-poultry-improvement-plan-and-auxiliary-provisions.