1. (a) The provisions of the section may be implemented in the event of an outbreak of avian influenza which in the determination of the Department of Agriculture threatens production or sales of poultry and poultry products.

2. (b) It is prohibited to:

   1. (1) Exhibit poultry and domestic waterfowl within the affected area;

   2. (2)

      1. (A) Move poultry or domestic waterfowl from or within an affected area.
      2. (B) Poultry with premovement avian influenza testing by polymerase chain reaction (PCR) or antigen capture within five (5) days of event are exempt from subdivision (b)(2)(A) of this section;

   3. (3)

      1. (A) Sell, barter, trade, auction, or give away, poultry or domestic waterfowl at fairs, swap meets, auctions, flea markets, and similar events and locations within an affected area.
      2. (B) Chicks and ducklings three (3) weeks of age or less originating from a NPIP certified flock are exempt from subdivision (b)(3)(A) of this section.
3. (c) All free range and backyard poultry within an affected area, whether intended for commercial or noncommercial use, must be confined under cover or inside structures to prevent contamination from infected migratory birds.
4. (d) Other conditions or requirements imposed by appropriate federal agencies may also apply.

5. (e) All live poultry, hatching eggs, domestic waterfowl, waterfowl being transported into Arkansas, psittacines, or passerines, or other avian species birds entering Arkansas must:

   1. (1) Be accompanied by:

      1. (A) An official certificate of veterinary inspection signed by a licensed, accredited veterinarian stating that the poultry, waterfowl, psittacines, passerines, other avian species, or hens or parent stock producing the eggs have been examined and found to be free of any signs of avian influenza H5 or H7, and to the signatory’s knowledge, avian influenza H5 or H7 has not been diagnosed within a ten-kilometer radius of the location where this flock originated and they did not originate from within an avian influenza quarantined area; or
      2. (B) An official certificate of veterinary inspection signed by a licensed, accredited veterinarian certifying that a negative agar gel precipitin test or other authorized serological test for avian influenza was administered no longer than two (2) weeks prior to the time of the shipment;
   2. (2) Have a negative pullorum test within the last ninety (90) days or be from an NPIP certified flock; and
   3. (3) Have an entry permit number.
6. (f) Day-old baby chicks or poults and hatching eggs will also be allowed to enter Arkansas with an NPIP Form VS 9-3 in lieu of a certificate of veterinary inspection if item #10 of the NPIP form contains the following statement: “These birds originate from breeder flocks located in an area where avian influenza H5 or H7 has not been diagnosed within a ten-kilometer radius of the location where this flock originated and they did not originate from within an avian influenza quarantined area.”

7. (g)

   1. (1) Poultry being brought into Arkansas for slaughter are exempt from the above requirement if they are owned by the company and being transported into the state by Arkansas-based poultry operations using equipment and vehicles controlled solely by those operations.
   2. (2) If these vehicles are not controlled solely by the Arkansas company, the poultry will be exempt from a certificate of veterinary inspection if documentation shows they are owned by the company, but the vehicle must have been cleaned and disinfected (see subsection (j) of this section).

8. (h)

   1. (1)

      1. (A) All table eggs, including graded eggs (cartoned and loose pack), nest-run, etc., along with all eggs to be processed by breakage must be accompanied by a certificate of origin signed by company management attesting to the origin of the eggs and a statement that they did not originate in an area where there is any known avian influenza H5 or H7 infection.
      2. (B) Any reusable materials used in the shipping of eggs into this state must be either new or free of visual debris and contaminates.
      3. (C) In the event contaminated materials are found the entire lot will be disposed of immediately at the expense of the shipper.
   2. (2) Non-exempt. Eggs direct from grading stations or eggs direct from producer grading stations, entering Arkansas on trucks owned by them or contracted by them, making direct deliveries to retail outlets, distributors, other egg producers or grading stations, breaking plants, etc., must follow the rules as outlined above.
   3. (3) Exempt. Egg distributors entering Arkansas are exempt from the certificate of origin and the certificate of cleaning and disinfecting provided they make direct sales to retail outlets such as stores, restaurants, etc. and eggs must be in new packaging materials and cannot originate in an area where there is any known avian influenza infection H5 or H7.

9. (i)

   1. (1) All vehicles used to transport birds, eggs, or inedible materials that enter the state must be cleaned and disinfected in such a way that avian influenza virus will be inactivated.
   2. (2) Vehicles are to be washed to remove all organic debris using a detergent and water rinse with final application of a disinfectant that is approved for use in the activation of avian influenza virus.
   3. (3) Live poultry and transportation equipment owned and controlled by poultry operations in Arkansas may be exempted from these restrictions.
   4. (4) Any person coming from an area known or suspected of having avian influenza must practice proper biosecurity procedures as prescribed by the company or United States Department of Agriculture.
10. (j) The sale, barter, exhibition, or giving away of all live poultry or domestic waterfowl in any farmer’s market, flea market, roadside stand, feed store, fair, show, etc. outside the affected area may be allowed if proper biosecurity procedures as prescribed by the company or United States Department of Agriculture are followed and the threat of avian influenza in that area is minimal.
11. (k) All poultry identified or suspected of having avian influenza virus infection in the state will be quarantined immediately and the State Veterinarian notified for final disposition.
12. (l) All avian influenza vaccination of any bird is prohibited, unless authorized by the State Veterinarian after consultation with the poultry industry.
13. (m) Any ratites entering the state will be accompanied by a certificate of veterinary inspection with an entry permit number stating that: “The ratite(s) have been examined and found to be free of any signs of avian influenza, and to the best of my knowledge, avian influenza H5 or H7 has not been diagnosed within a 10-kilometer radius of the location where the ratites originated and they did not originate from within an avian influenza quarantined area. Furthermore, these ratites were diagnosed as being avian influenza negative on the basis of a negative avian influenza agar gel precipitin test administered no longer than two weeks prior to shipment.”

Codification Notes: "NPIP" means National Poultry Improvement Plan.