New Mexico Register / Volume XXXV, Issue 13 / July 16, 2024

TITLE 21 AGRICULTURE AND RANCHING

CHAPTER 34 DAIRY AND EGG PRODUCERS

PART 20 NEW MEXICO PULLORUM-TYPHOID CONTROL PROGRAM

21.34.20.1 ISSUING AGENCY: New Mexico Livestock Board.

[21.34.20.1 NMAC - Rp 21 NMAC 34.20.1, 7/16/2024]

21.34.20.2 SCOPE: All owners, raisers and handlers of poultry in the state of New Mexico and those that apply to bring poultry into the state for any reason.

[21.34.20.2 NMAC - Rp 21 NMAC 34.20.2, 7/16/2024]

21.34.20.3 STATUTORY AUTHORITY: Section 77-2-7, 77-3-1, NMSA 1978.

[21.34.20.3 NMAC - Rp 21 NMAC 34.20.3, 7/16/2024]

21.34.20.4 DURATION: Permanent

[21.34.20.4 NMAC - Rp 21 NMAC 34.20.4, 7/16/2024]

21.34.20.5 EFFECTIVE DATE: July 16, 2024 unless a later date is cited at the end of a section or paragraph.

[21.34.20.5 NMAC - Rp 21 NMAC 34.20.5, 7/16/2024]

21.34.20.6 OBJECTIVE: To establish rules governing poultry industry in New Mexico concerning control of pullorum-typhoid.

[21.34.20.6 NMAC - Rp 21 NMAC 34.20.6, 7/16/2024]

21.34.20.7 DEFINITIONS:

A. "Authorized field testing agent" means any person who has received appropriate training and has been certified as an official state pullorum-typhoid testing agent by the official agency of the national poultry improvement plan (NPIP).

B. "National poultry improvement plan (NPIP) " means the cooperative state-federal program through which new technology can be effectively applied to the improvement of poultry breeding stock and hatchery products through the control of certain hatchery disseminated diseases.

C. "Official state agency" means the New Mexico livestock board. In New Mexico, the New Mexico livestock board is the "official state agency" of the NPIP and, by memorandum of understanding with the board, the New Mexico cooperative extension service.

D. "Poultry" means domesticated fowl, including chickens, turkeys, waterfowl, game birds, guinea fowl and other species which are bred for the purpose of producing eggs or meat, except doves, pigeons and ratites.

E. "Pullorum" means a disease of poultry caused by salmonella pullorum.

F. "Typhoid" means a disease of poultry caused by salmonella gallinarum.

G. "VS form 9-2" means the flock selecting and testing report provided by the NPIP. Forms are available from the official state agency.

H. "VS form 9-3" means the report of sales of hatching eggs, chicks and pullets provided by the NPIP. Forms are available from the official state agency.

I. "VS form 17-6" means the certificate for poultry or hatching eggs for export. The forms are available from USDA-APHIS-VS or the official state agency.

[21.34.20.7 NMAC - Rp 21 NMAC 34.20.7, 7/16/2024]

21.34.20.8 GENERAL:

A. Persons authorized to perform pullorum-typhoid tests in New Mexico include authorized field testing agents approved by the official state agency and veterinarians licensed to practice veterinary medicine in the state.

B. All persons performing poultry disease diagnostic services or field tests within the state are required to report to either the official state agency of NPIP or the state veterinarian within 48 hours the source of all poultry specimens from which S. gallinarum is isolated or from which positive field tests are obtained.

[21.34.20.8 NMAC - Rp 21 NMAC 34.20.8, 7/16/2024]

21.34.20.9 INTERSTATE MOVEMENT:

A. Poultry shipped into the state of New Mexico shall be accompanied by either an official health certificate issued by an accredited veterinarian within ten (10) days of shipment, or a VS form 9-2, indicating the flock of origin is actively enrolled in the state NPIP program and is negative or clean for pullorum-typhoid.

B. The required health certificate shall state the poultry have been inspected and are free of evidence of infectious or contagious disease and have tested negative for pullorum-typhoid within 90 days prior to shipment, or they originated from flocks or hatcheries which have met the pullorum-typhoid requirements of the NPIP.

C. Poultry under four months of age and hatching eggs will be exempt from this section if from a NPIP, or equivalent, hatchery and accompanied by a VS form 9-3 or USDA-APHIS-VS form 17-6.

[21.34.20.9 NMAC - Rp 21 NMAC 34.20.9, 7/16/2024]

21.34.20.10 EXHIBITION POULTRY:

A. Poultry entered in shows that are determined to be intrastate are exempt from Subsection B through F of 21.34.16.10 NMAC below if the number of poultry in the show is less than 50 total birds. Shows with 50, or more, total birds will be required to follow Subsecrion B through F of 21.34.16.10 NMAC below in the succeeding year. All poultry imported from out of state for exhibiting purposes must comply with rules Subsections B through F of 21.34.20.10 NMAC below regardless of the size of the show entered.

B. All poultry being exhibited in New Mexico shall be free of visible evidence of disease.

C. All exhibition poultry shall have tested negative for pullorum-typhoid within 90 days prior to exhibition and have the results recorded on VS form 9-2, or official form from the state of origin certifying that the testing was done by an authorized agent of that state.

D. The testing required in Subsection C of 21.34.20.10 NMAC above is not necessary if, the poultry have originated from flocks which have met the pullorum-typhoid requirements of the NPIP and have originated from flocks not known to be infected with or have any evidence of infectious or contagious diseases.

E. Poultry qualifying under Subsections C or D of 21.34.20.10 NMAC above may be imported for exhibition purposes without an official health certificate if accompanied by an approved state form or NPIP form 9-2.

[21.34.20.10 NMAC - Rp 21 NMAC 34.20.10, 7/16/2024]

HISTORY OF 21.34.20 NMAC:

History of Repealed Material: 21 NMAC 34.20 - New Mexico Pullorum-Typhoid Control Program filed (1/28/1999) repealed effective 7/16/2024.

Other History: 21 NMAC 34.20 - New Mexico Pullorum-Typhoid Control Program filed (1/28/1999) replaced by 21.34.20 NMAC - New Mexico Pullorum-Typhoid Control Program effective 7/16/2024.