Vol. 25 Iss. 11 - February 02, 2009

Chapter 190
Final Regulation

Title of Regulation: 2VAC5-190. Rules and Regulations Establishing a Monitoring Program for Avian Influenza and other Poultry Diseases (amending 2VAC5-190-30).

Statutory Authority: §§ 3.2-6001 and 3.2-6002 of the Code of Virginia.

Effective Date: March 4, 2009.

Agency Contact: Colleen Calderwood, DVM, Program Manager, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-2483, FAX (804) 371-2380, TTY (800) 828-1120, or email


The amendments update citations to reflect the recodification of Title 3.1 to Title 3.2 of the Code of Virginia, which became effective October 1, 2008.

2VAC5-190-30. Specimen submissions.

A. All growers of poultry shall submit to a state laboratory for diagnostic testing specimens from poultry they grow, as specified in subsection C of this section.

B. All persons operating slaughtering plants, egg plants, hatcheries, layer houses, or any other poultry-raising, poultry-keeping or poultry-handling endeavor also shall submit such specimens from poultry they grow, handle, or process, as specified in subsection C of this section.

C. Specimens from poultry submitted pursuant to subsections A and B of this section for laboratory analysis shall be for diseases governed by § 3.1-726 3.2-6002 of the Code of Virginia in the number and kind and at a time designated by the State Veterinarian.

D. Specimens submitted in accordance with subsection C of this section shall be from the following classes of poultry.

1. Chickens

a. Slaughter birds

b. Broiler breeders

c. Layers

d. Layer breeders

e. Broilers

f. Pullets

g. Cockerels

2. Turkeys

a. Slaughter birds

b. Turkey breeders

c. Commercial toms and hens

d. Poults

3. Game birds

a. Bobwhite quail

b. Chukar partridge

c. Pheasant

d. Others

E. Specimens that are required for laboratory testing to detect infectious and contagious diseases shall be submitted as directed by the State Veterinarian from the following:

1. Exhibition birds;

2. Birds from small privately owned layer flocks;

3. Birds on game farms; and

4. Birds in backyard flocks.

F. Disposition of poultry that have recovered from infectious or contagious diseases. Nothing in this chapter shall prohibit the marketing of poultry that have recovered from avian influenza, but the marketing of such recovered poultry shall occur only with the prior approval of the State Veterinarian.

VA.R. Doc. No. R09-1696; Filed January 13, 2009, 11:21 a.m.