Division of Poultry and Animal Health
Statutory Authority: 3 Delaware Code, Section 6301, 7101(a) (3 Del.C. §6301, 7101(a))
EMERGENCY ORDER ADOPTING REGULATIONS
901 Poultry Disease Prevention Regulations
AND NOW this 20th day of February, the Secretary of Delaware’s Department of Agriculture, in discharging 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 imperative that the following regulations be adopted on an emergency basis to combat the recent outbreak of avian influenza that has been detected on two (2) farms within the state. The Secretary proposes the immediate adoption of the following regulations, consistent with the requirements of Section 10119 of Delaware’s Administrative Procedures Act (29 Del.C. §10119) so as to protect the health of the uninfected poultry within Delaware and to negate or minimize the potential adverse economic implications to Delaware’s overall economy on failing to contain and eradicate the current avian influenza outbreak, as follows:
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.
Michael T. Scuse, Secretary
Delaware Department of Agriculture
Dated: February _____, 2004