1. (a) No live poultry more than seven days old shall be moved into a live poultry market other than by a poultry dealer or poultry transporter holding a valid domestic animal health permit and from flocks which meet the requirements of subdivision (b) of this section.

   1. (1) No live poultry more than seven days old may be moved into a live poultry market unless the poultry dealer or poultry transporter possesses an approved certificate of veterinarian inspection which states that either:

      1. (i) the poultry identified thereon are moving through a poultry dealer or poultry transporter from a source flock which is certified by the state or country of origin as an avian influenza monitored source; or
      2. (ii) the poultry identified thereon are moving through a poultry dealer or poultry transporter from a source flock in which a random sample of 30 birds were tested negative for avian influenza within 10 days prior to the date of movement, using an official test approved by the United States Department of Agriculture conducted in a laboratory approved by the United States Department of Agriculture and/or the State of New York to conduct such testing.

   2. (2) The approved certificate of veterinary inspection required by this subdivision shall remain in the possession of the poultry dealer or poultry transporter moving the poultry directly to a live poultry market and further, the poultry shall be accompanied by a copy of the finalized laboratory report indicating that the poultry tested negative for avian influenza and an invoice setting forth:

      1. (i) the name and address of the poultry dealer or poultry transporter that is moving the poultry;
      2. (ii) the name and address of the live poultry market into which the poultry are being moved;
      3. (iii) the number and type of poultry being moved;
      4. (iv) the avian influenza status of the poultry; and
      5. (v) the date of the movement of such poultry into the market.

   (b)

2. (c) No live poultry more than seven days old which is held on premises where within the previous 12 months there has been a positive avian influenza serology, culture or a trace back to said premises of birds that tested positive for avian influenza within the previous 12 months shall be moved into a live poultry market unless the State Animal Health Official of the state or country of origin certifies that:

   1. (1) all birds held on the premises at or after the time of the positive serology, culture, or trace back and prior to the cleaning and disinfection of the premises were removed to slaughter or slaughtered and the premises were thereafter cleaned and disinfected under official supervision; or
   2. (2) tracheal and cloacal swabs were obtained for virus isolation from 150 randomly selected birds in a flock held on such premises or from all of the birds in such flock, whichever is less, and such tests demonstrated that avian influenza was not present, and no bird in such flock exhibited clinical signs of avian influenza in the 45 days preceding the date of sampling. If the birds so tested are waterfowl, then only cloacal swabs shall be required. Such samples may be pooled in groups of up to five samples per culture.
3. (d) Live poultry that qualify for movement must be kept separate and apart from all other poultry of infected, exposed or unknown health status.

4. (e) No live poultry shall be moved from a poultry market, unless specifically authorized by the commissioner or his designee. Poultry markets shall not operate as poultry distributors.

   1. (1) A poultry dealer or poultry transporter who buys or sells poultry to be sold or offered for sale in a live poultry market, or transports poultry to a live poultry market shall:

      1. (i) permit authorized representatives of the New York State Department of Agriculture and Markets, the United States Department of Agriculture and/or a State Animal Health Official to directly enter its place of business during normal business hours to inspect the facilities and vehicles; and
      2. (ii) properly maintain, under the supervision of the State Animal Health Official of the state in which it resides, the approved certificates of veterinary inspection required by this section, a copy of the finalized laboratory test report, and records of the poultry it receives and the poultry it ships;
      3. (iii) immediately make such records available for inspection and/or immediately provide copies thereof when requested to do so by representatives of the New York State Department of Agriculture and Markets, the United States Department of Agriculture and/or the appropriate State Animal Health Official;
      4. (iv) accept only poultry meeting the requirements of this section;
      5. (v) have a facility that can be routinely cleaned and disinfected on a year round basis to prevent survival of avian disease agents including avian influenza;
      6. (vi) possess and utilize a working mechanical crate washer which cleans and disinfects crates between uses on a year round basis, provided such crate washer shall not be located or operated at a live poultry market, auction premises or poultry farming operation and provided further that crates which have been cleaned and disinfected shall not be exposed to or contaminated by crates which have not been cleaned and disinfected;
      7. (vii) use an all-season truck or vehicle wash facility to clean and disinfect trucks or vehicles between uses, provided such all-season truck or vehicle wash facility shall not be located or operated at a live poultry market, auction premises or poultry farming operation; and
      8. (viii) compile, maintain and make available for inspection, for a period of two years, records of the dates and times such crates and trucks or vehicles were cleaned and disinfected.

   (f)

5. (g) A person who imports or causes the importation of poultry into the State for any purpose other than immediate slaughter shall comply with the requirements set forth in paragraphs (1), (2), and (3) of this subdivision.

   1. (1) No live poultry or poultry products may be moved into the State unless they are moving on an approved certificate of veterinarian inspection or USDA VS Form 9-3, Report of Sales of Hatching Eggs, Chicks, and Poults, which states that either:

      1. (i) the poultry identified thereon are moving through a poultry dealer or poultry transporter from a source flock which is certified by the state or country of origin as an avian influenza monitored source; or
      2. (ii) the poultry identified thereon are moving through a poultry dealer or poultry transporter from a source flock in which a random sample of 30 birds were tested negative for avian influenza within 10 days prior to the date of movement, using an official test approved by the United States Department of Agriculture conducted in a laboratory approved by the United States Department of Agriculture and/or the State to conduct such testing; or
      3. (iii) the poultry identified thereon originate directly from a National Poultry Improvement Plan flock designated “Avian Influenza Clean” or “U.S. H5/H7 Avian Influenza Clean.”

   2. (2) No live poultry which is held on premises where within the previous 12 months there has been a positive avian influenza serology, culture or a trace back to said premises of birds that tested positive for avian influenza within the previous 12 months shall be moved into the State unless the State Animal Health Official of the state or country of origin certifies that:

      1. (i) all birds held on the premises at or after the time of the positive serology, culture, or trace back and prior to the cleaning and disinfection of the premises were removed to slaughter or slaughtered and the premises were thereafter cleaned and disinfected under official supervision and the replacement flock complies with paragraph (2) of this subdivision; or
      2. (ii) tracheal and cloacal swabs were obtained for virus isolation from 150 randomly selected birds in a flock held on such premises or from all of the birds in such flock, whichever is less, and such tests demonstrated that avian influenza was not present, and no bird in such flock exhibited clinical signs of avian influenza in the 45 days preceding the date of sampling. If the birds so tested are waterfowl, then only cloacal swabs shall be required. Such samples may be pooled in groups of up to five samples per culture.
   3. (3) Live poultry that qualify for movement must be kept separate and apart from all other poultry of infected, exposed or unknown health status.

Except as provided in subdivision (f) of this section: