These regulations explain a program jointly administered by the Maryland Department of Agriculture and the Maryland Department of Health to protect both human health and poultry from contagious and infectious diseases. Other portions of this program are explained in COMAR 15.04.01, 10.15.03, and 10.15.04. The following terms have the meanings indicated. Terms Defined. “Commercial flock” means a flock whose eggs are distributed, offered for sale, or sold for human consumption. “Department” means Maryland Department of Agriculture. “Exhibition” means displaying or showing poultry for competition or advancement of the species, including, among other examples, county and State fairs, farm shows, and breeding shows. “Flock” means all of the poultry on one premises, except any group of poultry that has been segregated for 21 days may be considered a separate flock by the Department. “Hatchery” means incubators, hatchers, and auxiliary equipment on one premises operated for the hatching or incubation of hatching eggs. “Junior exhibitor” means an exhibitor under 19 years old. “Multiplier breeding flock” means a flock intended for the production of hatching eggs used for the purpose of producing progeny for commercial egg or meat production or for other nonbreeding purposes. “NPIP” means the National Poultry Improvement Plan of the United States Department of Agriculture (USDA), 9 CFR Parts 145—147. “Official establishment” means any establishment engaged in slaughtering or processing solely for intrastate commerce poultry and poultry products capable of use as human food and inspected under the Maryland Poultry Products Inspection Act, Agriculture Article, §4-201 et seq., Annotated Code of Maryland. “Official state agency” means the authority in each state recognized by USDA to cooperate in the administration of the National Poultry Improvement Plan. “Official state diagnostic laboratory” means a laboratory: Operated by the Maryland Department of Agriculture or by the Maryland Department of Health; or Recognized and approved for poultry diagnostic activities by the chief livestock health official of any other state. “Person” means an individual, corporation, partnership, association, or any other legal entity. “Poultry” means live fowl, including, but not limited to, chickens, turkeys, waterfowl, and game birds (for example, pea fowl, pheasants, chukars, partridges, quail, grouse, and guinea fowl, but not doves or pigeons). “Primary breeding flock” means a flock of one or more generations that is maintained for establishing, continuing, or improving parent lines. “Pullorum” means a Salmonella pullorum disease of poultry. “Pullorum-typhoid test” means a test recognized by the National Poultry Improvement Plan to test poultry for pullorum disease and fowl typhoid. “Secretary” means Secretary of Agriculture or the Secretary's designee. “Typhoid” means fowl typhoid, a Salmonella gallinarum disease of poultry. “U.S. Pullorum Clean” means a flock of poultry that has been found to be free by USDA of pullorum or typhoid under NPIP. “Waterfowl” means domesticated fowl which normally swim, such as ducks and geese. Diseased Poultry. Except as provided under §A(2) of this regulation, a person may not import poultry into Maryland if that person knows or has reason to know that poultry are infected with pullorum, typhoid, or Salmonella serotype enteritidis. If poultry are known to be infected with pullorum, typhoid, or Salmonella serotype enteritidis, a person may ship them into Maryland only if they are: Being shipped to an official establishment for immediate slaughter; and Labeled to show that they are infected. Health Restrictions on Imported Poultry. This section does not apply to poultry moved for immediate slaughter to an official establishment. A person may not import chickens into Maryland for producing eggs for human consumption unless the official state agency of the exporting state certifies that they meet the standards of Regulation .05A. Unless poultry originate from U.S. Pullorum-Typhoid Clean or equivalent flocks, a poultry importer shall have the poultry tested for pullorum and typhoid within 90 days before the poultry's arrival in Maryland. Health Restrictions on Importing Hatching Eggs. A person may not import hatching eggs into Maryland: Unless the eggs originate from U.S. Pullorum-Typhoid Clean or equivalent flocks; For raising chickens to be used to produce eggs for human consumption, unless the official state agency of the exporting state certifies that the flock from which the eggs immediately originate meets the requirements of Regulation .05B or C. Activities Requiring Permit. A person shall have a numbered annual permit from the Secretary before doing the following: Distributing, offering for sale, or selling: Hatching eggs, or Poultry, unless the poultry are being moved for immediate slaughter to an official establishment; and Operating a hatchery. Requirements. A person who holds a permit under this regulation shall: Only distribute, offer for sale, or sell: Hatching eggs and poultry that are derived immediately from flocks and hatcheries participating in the NPIP or equivalent program, Poultry used for producing eggs for human consumption, that meet the standards of Regulation .05A, and Hatching eggs, if the eggs are for raising chickens to produce eggs for human consumption, that are derived from parent flocks that meet the standards of Regulation .05A; Use the required permit number on each invoice, NPIP Form 15, or similar certificate; Comply with the following record-keeping requirements: Except for birds being shipped for immediate slaughter, record the number, breed, variety of poultry or hatching eggs purchased and sold, date of transaction, and name and address of source (for example, seller) and destination (for example, buyer), and Retain these records for 12 months from the date of the transaction; Allow the Department's representative to inspect: Those records required to be maintained under §B(3)(a), and All hatcheries, equipment, and facilities used for poultry; Maintain all hatcheries, equipment, and facilities used for poultry or hatching eggs, including auction and sales barns, in a sanitary condition in conformity with NPIP regulations; and Post the required permit in a conspicuous place on the permitted premises. Application, Duration, and Renewal. Before the Department may issue a permit to a person, the person shall: Apply for a permit on a form supplied by the Department; and Permit the Department to inspect: Those records that indicate the number, breed, and variety of poultry or hatching eggs that the applicant has, the person from whom they were obtained, and the date of that transaction, and All hatcheries, equipment, and facilities used for poultry or hatching eggs. The Department may not issue a permit to a person until it has determined that: The eggs and poultry that the person has meet the requirements of §B(1), for distributing, offering for sale, or selling these items; and All hatcheries, equipment, and facilities used for poultry or hatching eggs are in a sanitary condition in conformity with NPIP regulations. Unless revoked, a permit is effective until December 31 of the year that it was issued. To renew a permit, a person shall follow the same procedures outlined in §C(1). Commercial Flock. A person having a commercial flock in Maryland shall have the flock tested in accordance with either §A(2) or (3) unless the flock is: Participating in and meets the requirements of the: NPIP's “U.S. Sanitation Monitored” program for egg-type chicken breeding flocks, 9 CFR 145—147, or “Salmonella Enteritidis Monitored Flock Program of Pennsylvania” or an equivalent plan of another state, provided that plan has been approved by the Secretary; Derived immediately from a multiplier breeding flock that has been tested and found negative for Salmonella serotype enteritidis under the procedures outlined in §B; or Derived immediately from a primary breeding flock that has been tested and found negative for Salmonella serotype enteritidis under §C. Environmental Sampling/Serological Test. A person shall allow the Department to: Collect environmental samples from all egg belts, elevators, or both, within caged systems or throughout open floor systems; Culture or biochemically test these samples for the presence of Salmonella serotype enteritidis species; Test, if any flock tests positive to environmental testing, a random sample of 500 birds per house for the presence of Salmonella enteritidis antibodies; and Permanently identify and submit a statistically significant sample of seropositive birds to an official state diagnostic laboratory for pathological examination and culture for Salmonella serotype enteritidis. Blood Testing. A person shall permit the Department to: Test a random sample of 300 birds per house for the presence of Salmonella serotype enteritidis antibodies; and Handle birds testing positive in the manner provided under §A(2)(d). Multiplier Breeding Flock. Except as provided in §B(2), a person having a multiplier breeding flock shall have the flock tested by the Department as follows: At least 300 birds per age group shall be randomly selected and blood tested for the presence of Salmonella serotype enteritidis; The flock shall undergo environmental sampling of nests and litter each month; At least 30 dead in shell embryos shall be tested each 3 months; and Any serological evidence of infection shall be followed with bacteriological examination of a statistically significant sample of reactor birds from each age group and, only if the bacteriology is negative, shall the flock be considered negative. A person owning a multiplier breeding flock is not required to have the flock tested as described in §B(1) if the flock is participating in and meets the requirements of: The NPIP's “U.S. Sanitation Monitored” program for egg-type chicken breeding flocks; or The “Salmonella Enteritidis Monitored Flock Program of Pennsylvania” or an equivalent program of another state, provided that plan has been approved by the Secretary. Primary Breeding Flock. Except as provided in §C(2), a person having a primary breeding flock shall follow the same procedures outlined in §B. Instead of randomly selecting and testing 300 birds per age group as provided under §B(1) for a primary breeding flock a person shall allow the official State agency to randomly select and test the larger of the following two groups: 300 birds per age group; or 1 percent per age group. Effect of Isolating Salmonella Serotype Enteritidis. If Salmonella serotype enteritidis is isolated from a flock in Maryland, a person may distribute, offer for sale, or sell only: Eggs from that flock that: Have been pasteurized or otherwise heat treated to kill Salmonella serotype enteritidis, or Are to be pasteurized, provided the eggs are moved to a plant that the USDA has approved for processing egg products; and Birds or progeny from that flock for slaughter, provided the birds are moved for slaughter to an official establishment to be inspected and either condemned or passed for cooking only. A sponsor of an exhibition shall notify the Secretary of the following within 30 days before the exhibition date: the name, place, and inclusive dates and hours of the exhibition. The requirements for an exhibition are as follows: Poultry, except waterfowl, at exhibitions shall originate from U.S. Pullorum-Typhoid Clean or equivalent flocks, or shall have had a negative pullorum-typhoid test within 90 days of its movement to an exhibition. This information shall be documented on an NPIP Form 15, NPIP Form 3B or similar certificate which shall accompany poultry on exhibition. In place of NPIP Form 15 or 3B, a junior exhibitor may substitute a health certificate signed by a Maryland Agricultural Extension Agent or the Department, indicating that exhibited poultry has originated from a U.S. Pullorum-Typhoid Clean or equivalent flock within the previous 12 months. Record Keeping. A sponsor of an exhibition shall compile a list of all poultry at the exhibition. This list shall contain the name and address of each owner, the number, type, sex, and pullorum-typhoid status of all poultry. A copy of this list shall be kept by the sponsor of the exhibition for 12 months and shall be made available upon the request of the Department. Inspection. All exhibitions are subject to inspection by the Department. The Department shall have access to all exhibitions and may conduct inspections and tests to enforce this regulation. Reporting. A person performing poultry disease diagnostic services shall report within 48 hours of diagnosis to the Secretary the diagnosis of infection of poultry by Salmonella pullorum, Salmonella gallinarum, or Salmonella serotype enteritidis. Investigation. The Secretary shall conduct an immediate investigation upon receipt of a report of pullorum, typhoid, or Salmonella serotype enteritidis infection. Flock Infected with Salmonella. The Secretary shall quarantine any flock found to be infected with Salmonella pullorum, Salmonella gallinarum, or in the case of a commercial flock, only when infected with Salmonella serotype enteritidis. To prevent the further spread of these diseases, the Secretary may not release the quarantine until the: Flock is disposed of or retested and certified by the Secretary; and Premises have been cleaned and disinfected. Hatching Eggs Infected with Salmonella. The Secretary shall quarantine a hatchery found to have eggs from a flock infected with Salmonella pullorum, Salmonella gallinarum, or Salmonella serotype enteritidis. To prevent the further spread of these diseases, the Secretary may not release the quarantine until the: Hatching eggs have been disposed of; and Hatchery has been cleaned and disinfected. If biosecurity can be maintained, the Secretary may permit hatching eggs infected with Salmonella serotype enteritidis to be held for chicks and the live birds treated as an exposed flock. The Secretary, however, may not release the quarantine unless and until the birds have been tested and found negative for Salmonella serotype enteritidis under the procedures outlined in Regulation .05. A person who violates these regulations or who falsely answers questions contained in any permit application, or who willingly interferes with the Department in carrying out a duty as provided in these regulations, shall forfeit his permit. A person who violates these regulations is guilty of a misdemeanor as provided by Maryland law. For the purpose of enforcing the regulations of this chapter, the Secretary may designate an agent of the Maryland Department of Health as the Secretary's representative. Agriculture Article, §3-101; Health-General Article, §21-211; Annotated Code of Maryland Effective date: January, 1952 Chapter revised effective November 18, 1977 (4:24 Md. R. 1807) Chapter revised as an emergency provision effective August 2, 1989, (16:17 Md. R. 1883); revised permanently effective November 13, 1989 (16:22 Md. R. 2365)