Division of Poultry and Animal Health
Statutory Authority: 3 Delaware Code, Section 6301, 7101(a) (3 Del.C. §6301, 7101(a))
901 Poultry Disease Prevention Regulations
Order Rescinding Regulations
AND NOW this 8th day of March, 2004, the Secretary of Delaware’s Department of Agriculture, having discharged his duties and responsibilities under 3 Del.C. §§6301 and 7101(a) to protect, prevent, suppress, control or eradicate dangerous, contagious, or infectious diseases within the poultry population of the State of Delaware, deems it proper to rescind regulation 1.0, 2.0, 2.1 and 2.2. adopted on an emergency basis on February 25, 2004 to combat the recent outbreak of avian influenza that had been detected on two farms within the state. The Secretary is not rescinding emergency regulations 3.0, 4.0, or 5.0. They will remain in force until rescinded or until they expire by operation of law.
IT IS SO ORDERED.
Michael T. Scuse, Secretary, Delaware Department of Agriculture,
Dated: March 8, 2004
901 Poultry Disease Prevention Regulations
1.0 Any movement, transportation, or field application of poultry litter is forbidden on any Delaware farm until after March 10, 2004 or as modified by the Secretary.
2.0 All Delaware poultry house complete cleanouts are forbidden until after March 10, 2004 or as modified by the Secretary.
2.1 Partial cleanout will be permitted starting Friday, February 27, 2004 at 12:00 noon, for all growers outside the two mile quarantine zone who have received negative avian influenza test results from the testing of their last flocks.
2.2 Litter from the cleanout must be stored in a manure storage structure or stockpiled at the end of the poultry house and covered. Under no circumstances will the litter be permitted to be moved outside the general area of the poultry house nor spread.
3.0 With the exception of commercial integrators recognized as such by the Delaware Department of Agriculture, the transportation of live poultry intrastate or in or out of Delaware is forbidden.
4.0 Violation of the foregoing regulations will subject the violator to a fine of up to $5,000.00.
5.0 The Delaware Department of Agriculture will receive, consider, and respond to petitions by any interested person for the reconsideration or revision of these emergency regulations.