Colorado Department of Agriculture 
Animal Industry Health Division
8 CCR 1201-20
Live Bird Market Rule
Part 1:	Introduction				
Previous outbreaks of avian influenza (AI) have been associated with considerable economic losses for producers and increased costs to consumers and state and federal government.  Losses incurred are the result of increased mortality, decreased production value, depopulation of infected flocks, disposal of carcasses, cleaning and disinfection of infected premises, disease surveillance and testing, institution of quarantine measures and loss of domestic and international trade.  
Historically, low pathogenicity pathogenic avian influenza (LPAI) viruses have repeatedly been isolated from the live bird marketing (LBM) system in the United States.  Although LPAI virus infections cause little or no clinical illness in poultry, decreased production, increased mortality and spread of the disease are of significant concern.  In addition, LPAI H5 and H7 subtypes have been shown to possess the potential to mutate into high pathogenicity pathogenic avian influenza (HPAI) subtypes.  Avian influenza virus outbreaks, if they occurred today, could cause serious harm to the Colorado commercial poultry industry.  
The Colorado Department of Agriculture (CDA) is responsible for protecting the health of the state’s poultry flocks and supporting an environment conducive to trade.  Our global trading partners are increasingly wary of importing products from countries with LPAI avian influenza virus disease outbreaks.  Such trade concerns, along with the risk of disease transmission posed by the virus circulating in the LBM system, have increased the need to prevent and control avian influenza outbreaks in the LBM system.  
In order to protect Colorado poultry from avian influenza and prevent interruptions in trade, State and industry officials must cooperate to actively prevent and control LPAI or HPAI.  In addition, some cases of human infections of HPAI have occurred in other countries in recent years.  Therefore, human health would also benefit from a program that prevents the development of HPAI infections through the control of LPAI infections.
Premises and individual flock identification will be important to the success of this rule; therefore, the USDA Animal Disease Traceability Rule National Animal Identification System (NAIS) will be an aid in the administration of this rule.  
The following goals of this rule apply to all participants in the LBM system, including the suppliers, dealers, haulers, auction markets, wholesalers, and live bird markets.  The Colorado Live Bird Market System Program (LBMSP) recnognizes recognizes three basic components of the LBM system:  production units, distribution units, and LBMs.
The three primary goals of the Live Bird Market System Program are to:
1.	Diagnose, control, and prevent avian influenza.
2.	Help participants to improve biosecurity, sanitation, and disease control in their operations.
3.	Minimize the effects of AI outbreaks on the Colorado commercial poultry industry.
Part 2:	Definitions and Abbreviations		
A2.1.	“Accredited Veterinarian” means a veterinarian approved by the Administrator of United States Department of Agricultural (USDA), Animal and Plant Health Inspection Service (APHIS), in accordance with applicable federal regulations, to perform functions required by State–Federal-industry cooperative programs an individual who is currently licensed and in good standing with a veterinary licensing board or agency in any state of the United States or the District of Columbia to practice veterinary medicine and is accredited by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services.
B2.2.	“Agar gel immunodiffusion (AGID) test” means the official serological test for AI in which precipitates are formed by a combination of nonspecific AI antigens and antibodies that diffuse through a gel.  A positive reaction indicates exposure to AI virus, but does not indicate a specific subtype.  Samples positive by AGID must be further tested and subtyped using the hemagglutination inhibition test.  A final decision on the status of an AGID-positive flock should be based on further sampling and testing for the presence of virus through RRT-PCR or virus isolation.
C2.3.	“AI” means avian influenza.
D2.4.	“Animal health official” means an employee of or person under the direct supervision of the Colorado Department of Agriculture (CDA), Colorado State University (CSU) or USDA who has authority to carry out Live Bird Market System Program activities.
E2.5.	“APHIS” means the Animal and Plant Health Inspection Service. “Animal and Plant Health Inspection Service (APHIS)” means the agency in the United States Department of Agriculture known as the Animal and Plant Health Inspection Service.
F2.6.	“Approved laboratory” means a State, Federal, university, or private laboratory that has been approved by USDA, APHIS, Veterinary Services (VS), to perform any or all official Live Bird Market System Program tests for AI diagnosis.
G2.7.	“Area Veterinarian in Charge (AVIC)” means the veterinary official of APHIS, VS, assigned by the Administrator to supervise and perform the official animal health programs of APHIS in the State or States concerned.
H2.8.	“Auction market” means a business location where producers, dealers, wholesalers, and retailers meet to purchase, trade, or sell live birds.
I2.9.	“Avian Influenza Approved Flock or Premises” means a flock or premises that complies with avian influenza individual bird testing or flock monitoring, as outlined in this rule.  
J2.10.	“CDA” means the Colorado Department of Agriculture.
K2.11.	“Certified poultry technician (CPT)” means an individual who has been specially trained in poultry health monitoring and specimen collection by the State, and who is included on an official list of technicians certified by the State to perform inspections and specimen collections. 
L2.12.	“Cleaning and disinfection (C&D)” means the methods used to destroy or eliminate AI on one of the steps in response to an AI-positive premises that will eliminate AI from the premises.  This requires thorough removal of organic material and debris, followed by treatment with the proper concentration of an agent effective in inactivation of AI virus. 
M2.13.	“Commingled flock” means poultry from multiple sources that has been assembled into for one or more shipments groups.
N2.14.	“Commission” means the Colorado Agricultural Commission.
O2.15.	“Commissioner” means the Commissioner of the Colorado Department of Agriculture, or the cCommissioner’s designee.
P2.16.	“Distribution system” means a businesses (such as wholesalers, dealers, haulers, and auction markets) engaged in the transportation and/or sale of poultry to LBMs.  These are the links between production flocks and LBMs. 
Q2.17.	“Distributor” means any of the businesses or an individual working in any of the businesses within the distribution system serving the LBMs. 
R2.18.	“Enzyme-linked immunosorbent assay (ELISA)” means a type-specific serological screening test to determine exposure to AI virus. 
S2.19.	“Established flock” means poultry of the same species held together on one premises for at least 21 days or, at the discretion of the State Veterinarian animal health official, any group of poultry on one premises that has been segregated from another group for at least 21 consecutive days.
T2.20.	“H5, H7 LPAI” means low pathogenicity pathogenic H5 and H7 subtypes of AI virus. 
U2.21.	“Hauler/trucker” means a business or individual that transports poultry from producer premises to another supplier premises, to another distributor, or to an LBM.
V2.22.	“High pathogenicity avian influenza (HPAI) virus” means any influenza virus that kills at least 75 percent of 4- to 6-week-old susceptible chickens within 10 days following intravenous inoculation of 0.2 ml of a 1:10 dilution of infectious allantoic fluid; or any H5 or H7 influenza virus that has an amino acid sequence at the hemagglutination cleavage site compatible with HPAI; or any influenza virus that is not an H5 or H7 subtype and that kills one to five chickens and grows in cell culture in the absence of trypsin that grows in cell culture in the absence of trypsin.  This is consistent with the World Organization for Animal Health (OIE) definition and the definition included in federal regulations. 
2.23	 “Hold order” means a temporary order issued by the state veterinarian when an infectious or contagious disease is suspected in livestock to isolate any specific livestock, premises, county, district, or section of the state; restrict the movement of livestock; and specify sanitary measures, pending completion of testing.  
W2.24.	“Infected premises” means a premises that houses a flock(s) that has been confirmed to be positive for AI virus, subtype H5 or H7, by an approved laboratory using an official test.
X2.25.	“Live bird market (LBM)” means any facility that gathers live poultry to be slaughtered and sold onsite.  Other end-stage poultry markets in a participating State that are not “slaughter-only” markets will require development and approval of special biosecurity safeguards and inspections to assure that they meet LBMSP Standards and are successful in the prevention and control of LPAI.  
Y2.26.	“Live Bird Market System Program (LBMSP)” means any CDA-operated system the program operated through CDA, CSU Veterinary Diagnostic Laboratory and USDA to control and reduce outbreaks of avian influenza virus in all components of the live bird markets system.
Z2.27.	“Live bird marketing system (LBM system)” means the LBM system that includes LBMs and their production and distribution systems. 
AA2.28.	“Live haul” means a process and the personnel and equipment used in that process, in which live poultry are transported to a different location from one location to another.
BB2.29.	“Lot” means a grouping of birds within a flock from a NAIS registered premises, that arrive together arriving to at a market at one specific time point.
CC2.30.	“Low pathogenic avian influenza (LPAI) virus” means any AI virus that does not meet the criteria for HPAI high pathogenicity.
DD.	“National Animal Identification System (NAIS)” is a program that will be used as the basis for bird identification under the LBMSP.
EE2.31.	“National Veterinary Services Laboratories (NVSL)” means the USDA, APHIS, National Veterinary Services Laboratories, which is the national diagnostic reference laboratory for AI.
FF2.32.	“Positive flock” means a flock that has been confirmed to be positive for AI virus, subtype H5 or H7, by an approved test from an approved laboratory.  Specimens positive by the AGID test must be further tested by the hemagglutination-inhibition (HI) test and neuraminidase-inhibition (NI) test at the NVSL or an NVSL-approved laboratory.  Final judgment on a seropositive flock will be based upon epidemiological data and additional serological and virus (RRT-PCR and virus isolation) testing.  The official designation of a flock as infected with H5 or H7 will be made only by the State Veterinarian, following confirmation by the NVSLby an official test performed at an approved laboratory. Specimens that are found to be positive by the AGID test must be tested by the hemagglutination-inhibition (HI) test and neuraminidase-inhibition (NI) test at the NVSL. The final determination of the status of an AI seropositive flock will be based on epidemiological data and additional serological and virological (rRT-PCR and virus isolation) testing.
GG.	“Positive sample” means a diagnostic specimen that is:  (1) positive for AI virus, subtype H5 or H7, by RRT-PCR, by gene sequencing, or by virus isolation; and/or (2) positive for specific antibodies to AI virus, subtype H5 or H7, but not as a consequence of vaccination.  Specimens positive for subtypes H5 and H7 must be confirmed by the NVSL or an NVSL-approved laboratory.  
HH2.33.	“Poultry” means any species of domestic fowl (including chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl, and game birds) raised for food production or other purposes.
II2.34.	“Poultry dealers” means individuals in businesses or the businesses themselves concerned with trading birds in the LBM system, acquiring birds from multiple flocks and geographic areas for resale, and/or movement of live poultry between the production system and LBMs.
JJ2.35.	“Poultry waste” includes dead birds, feathers, offal, and poultry litter.
KK2.36.	“Premises identification number” means a unique number obtained from NAIS and assigned by the State animal health official to an LBM, distributor, or production flock.  The premises identification number consists of seven characters nationally unique number assigned by a state, tribal, or Federal animal health authority to a premises that is, in the judgment of the state, tribal, or Federal animal health authority, a geographically distinct location from other premises. The premises identification number is associated with an address, geospatial coordinates, or location descriptors that provide a verifiably unique location. The premises identification number may be used in conjunction with a producer’s own livestock production numbering system to provide a unique identification number for an animal. It may also be used as a component of a group or lot identification number.
LL2.37.	“Production or supplier flock” means the production facility or farm that is the origin of poultry offered for sale in an LBM.
MM2.38.	“Qualified bird” means an AI-negative bird from a production unit with a unique premises identification number assigned by the State of origin.  This bird will maintain its qualified status when only licensed/registered distributors are used between the production unit and the LBM.  To maintain its qualified status, it also must not have been commingled with untested birds.
2.39	“Quarantine” means an order issued by the Commissioner of Agriculture or his designee when testing has confirmed the presence of an infectious or contagious disease in livestock, which order isolates specific livestock , premises, counties, districts, or sections of the state; restricts the movement of livestock; and specifies sanitary measures.  
NN2.40.	“Real-time reverse-transcriptase polymerase chain reaction (RRT-PCR)” means an official test to detect the RNA of H5 or H7 subtypes of AI virus.
OO2.41.	“Registration” means the process by which an LBM provides to CDA the information required by these rules to register with the state as an LBM in the state requirement to conduct business in the LBM system.  This consists of registration of facilities by the State, allowing for oversight of such facilities as recommended in these standards.  
PP2.42.	“Test certificate” means a certificate issued by a State agency based on negative AI test results from an approved laboratory.  The certificate bears the unique premises number, test results, and other pertinent information.
QQ2.43.	“USDA” means the United States Department of Agriculture
RR2.44.	“Veterinary Services (VS)” means the division of APHIS charged with animal health activities within the United States.
SS2.45.	“Wholesaler” means a business with a permanent facility that buys birds from producers, distributors, or auction markets, and then trades or resells them.
Part 3:	Standards for Live Bird Markets
A.3.1.	Live Bird Markets (LBMs)
13.1.1.	Registration and education
a3.1.1.1.	A LBM must be registered bywith the CDA and must comply with the requirements of the LBMSP.  A unique premises identification number will be assigned by the CDA through the National Animal Identification System (NAIS).  Information required for an LBM to become registered are as follows:
(1) 3.1.1.1.1.	Business name, address, and telephone number;
(2) 3.1.1.1.2.	Owner’s name, address, and telephone number;
(3) 3.1.1.1.3.	Hours of operation;
(4) 3.1.1.1.4.	Global Positioning System location;
(5) 3.1.1.1.5.	Market capacity (number of birds held at the marketing location);
(6) 3.1.1.1.6.	Other LBM facilities under the same ownership, including dealerships, bird transportation businesses, and commercial poultry operations; and
(7) 3.1.1.1.7.	A list of all avian species marketed.
b3.1.1.2.	As a LBMSP participant, the LBM must allow access to LBMSP inspectors and personnel access to the facility and the birds in the facility during normal business hours for inspection and sample collection and for examination of market records.
c3.1.1.3.	LBM owners or managers are responsible for having knowledge of all rules and regulations of the LBMSP and are required to provide the training necessary to accomplish the execution of this rule. 
d3.1.1.4.	All personnel that work in the market must be trained in biosecurity procedures as arranged by the owner/manager.  Certificates of training will be maintained in personnel files.
3.1.2.	Bird testing and recordkeeping
a3.1.2.1.	Markets shall be responsible for verifying premises and flock identification and obtaining documentation of test-negative status of the flock at the time of receipt of the birds.  If records are not available, the birds shall not enter the market.
b3.1.2.2.	All birds entering the market will originate only from AI approved flocks and premises.
c3.1.2.3.	Records for avian species shall include the date of entry, the premises-of-origin NAIS identification number with lot identifier, the number and species of birds in the lot, the distributor registration number and the date of sale.
d3.1.2.4.	All records shall be maintained for a minimum of 12 months from date of entry of the bird(s)/flock into the market.  
3.1.3.	Market sanitation and biosecurity
a3.1.3.1.	A biosecurity protocol shall be developed by the LBM and approved by the LBMSP.  Employees shall be required to follow biosecurity protocols.  Biosecurity protocols shall include, but not be limited to, the following minimum requirements: 
i3.1.3.1.1.	Transfer of the birds from shipping crates/cages into the market shall take place in a designated transfer area/room at the periphery of the facility.  This transfer area shall be cleaned and disinfected in between deliveries.  
ii3.1.3.1.2.	Distributors or persons delivering live birds to the market shall deliver birds into the designated transfer area/room but shall not enter into the retail area of the market
iii3.1.3.1.3.	All market personnel entering the designated transfer area/room shall walk through a disinfectant foot bath/pad using an approved disinfectant.
iv3.1.3.1.4.	Crates/cages and other transport supplies shall not enter the retail market area.
v3.1.3.1.5.	Market crates and cages shall be constructed of plastic or metal.  Wood crates and cages shall not be used to house birds in the market.
vi3.1.3.1.6.	Protocols shall provide detailed information on market cleaning and disinfection procedures.
vii3.1.3.1.7.	All sanitation and biosecurity protocols shall be in written form and be made available to all live bird market employees and upon request to LBMSP personnel.
b3.1.3.2.	LBM environments and crates shall be kept in clean and sanitary conditions at all times, as defined by the biosecurity protocol.
c3.1.3.3.	Once delivered to a LBM, birds shall be killed and processed before leaving the facility.
d3.1.3.4.	LBMs are required to undergo regular, periodic closures with depopulation and complete sanitation, cleaning and disinfection (C&D), and downtime.  The closures should occur at least quarterly with a minimum of 24 hours of downtime.  Closures shall be scheduled with the LBMSP at least two weeks prior to the event.  The market must be inspected and approved by LBMSP personnel before being allowed to reopen.
e3.1.3.5.	Poultry waste shall be placed in plastic bags, sealed, and disposed of daily according to the LBM protocolPoultry waste must be contained in a manner approved by an animal health official to prevent disease transmission while it is awaiting disposal by a method acceptable to the jurisdiction where the market is located.
f3.1.3.6.	Birds from production units shall not be sold directly to LBMs unless the LBM owner or manager is also registered as a distributor, with the necessary LBMSP approval for protocols and equipment to ensure effective C&D of conveyances and equipment.
3.1.3.7.	Other end-stage poultry markets that are not “slaughter-only” markets will require development and approval of special biosecurity safeguards and inspections to assure that they meet LBMSP Standards and are successful in the prevention and control of AI.  
3.1.4.	Market surveillance
a3.1.4.1.	LBMs and birds housed within the market may be tested for avian influenza virus by the LBMSP at any time, but they shall be tested as determined by the LBMSP personnel or at least quarterly.
b3.1.4.2.	Specimens collected for testing may include swab samples collected from live birds or the environment within the LBM; swabs collected on arrival from birds, conveyances, and crates; blood samples from birds; and swabs or tissues from sick and dead birds detected in the LBM.
c3.1.4.3.	LBMs shall notify LBMSP personnel of any increases in illness or mortality within 48 hours.
3.1.5.	Market positives
a3.1.5.1.	LBMs that test positive for avian influenza virus on RRT-PCR or virus isolation at an approved laboratory will undergo mandatory market closure by the LBMSP.  Markets will be required to depopulate and perform C&D, but may first be allowed up to 5 calendar days to sell down its bird inventory, if such action is deemed appropriate by the State Veterinarian.  No additional birds will be allowed to enter the LBM following the notification of positive status and throughout the sell-down period. 
 b3.1.5.2.	Before the LBM can reopen for business, it must pass inspection by LBMSP personnel.  Environmental samples maywill be taken for testing at this time, but the LBM may be allowed to reopen while it awaits environmental test results.  If results of that testing are positive, the LBM will again be required to close (with up to 5 days to permit sell-down, if appropriate) and will again perform additional C&D procedures within the next 24 hours, followed by subsequent inspection and retesting. No facility will reopen until environmental samples test negative.
c3.1.5.3.	When birds are found to be positive in the LBM or upon delivery into the market, an investigation will be initiated.  This may require use of market records in order to conduct appropriate tracebacks to determine where the positives are occurring in the system.
B3.2.	Poultry Distributors
3.2.1.	Registration and education
a3.2.1.1.	Poultry distributors (consisting of dealers, haulers, the live haul process, auction markets, and wholesalers) must be registered in each state in which they conduct business.  This includes the states from which birds are acquired, as well as the states that have LBMs to which the birds are sold or delivered.  The distributor’s business premises will be given one unique identification number through NAIS in the state in which it is located.  This identification number will be used when the distributor registers in other states.  Information required for a distributor’s license includes:
(1) 3.2.1.1.1.	Business name, address, and telephone number;
(2) 3.2.1.1.2.	Owner’s name, address, and telephone number;
(3) 3.2.1.1.3.	Hours of operation;
(4) 3.2.1.1.4.	Global Positioning System location of premises or residence;
(5) 3.2.1.1.5.	Bird capacity;
(6) 3.2.1.1.6.	Other businesses under the same ownership in the LBM system, including other dealerships, bird transportation businesses, and commercial poultry operations; and
(7) 3.2.1.1.7.	A list of all avian and nonavian species distributed.
b3.2.1.2.	To register to as a bird transporter transport birds within the LBM system, distributors must agree to allow LBMSP personnel and/or Federal animal health officials to have access to records upon request and to permit official inspections and testing of premises and equipment as required.
c3.2.1.3.	Registration will not be issued until there has been an inspection and approval of the facility, its record system, and the C&D equipment that will be used.
d3.2.1.4.	All personnel that work for the company must be trained in biosecurity by Sstate or Ffederal personnel or by a trained company representative.  Certification of employee training must be maintained in the personnel files.  This training protocol is to be developed and funded by USDA with input from State Veterinarians in participating Sstates.
3.2.2.	Bird testing and recordkeeping
a3.2.2.1.	Distributors may only accept properly identified and properly documented qualified birds from test-negative flocks.  
b3.2.2.2.	Distributors must provide documentation and certification of negative test results with each delivery of birds.
c3.2.2.3.	Distributors must comply with recordkeeping requirements.  They must maintain records for 12 months of bird pickups and deliveries that include:  copies of test certification, dates of pickup and delivery, locations, species, numbers of birds, and farm premises identification numbers that include lot identification.  In addition, distributors must keep records of C&D of premises and/or conveyances.  A copy of the records form may be obtained from the office of the AVIC or State Veterinarian.
d3.2.2.4.	Any indication noted by a distributor that paperwork has been altered or that it misrepresents the sources or test status of birds coming into the LBM must be reported to a Federal or the State Veterinarian or his designee animal health official.
3.2.3.	Distributor sanitation and biosecurity
a3.2.3.1.	Distributor vehicles, bird-holding devices, and any premises where birds may be held must be clean and sanitary at all times.
b3.2.3.2.	Documented biosecurity protocols, developed by the distributor and approved by the Sstate, must be in place.
c3.2.3.3.	Distributors must use state-approved all-season crate and conveyance washing equipment and present C&D documentation when obtaining birds from producers and from other distributors.  Once emptied of birds, conveyances and coops must undergo C&D between all deliveries.
d3.2.3.4.	Before the distributor returns to a farm after visiting an LBM, all cages, vehicles, and other equipment must undergo C&D.
e3.2.3.5.	Distributors may not transport live birds or other live animals from LBMs.
3.2.4.	Distributor surveillance 
a3.2.4.1.	Distributors will be subjected to random inspections by Sstate or Ffederal officials of the Sstate in which they are located.  These random inspections will be done at least quarterly to ensure that conveyances, crates, and facilities are clean and sanitary and that records are being kept according to LBMSP requirements.
b3.2.4.2.	Distributors will be tested at least quarterly for LPAI virus.  Testing may include facility environment, conveyances, crates, and birds, if present.
c3.2.4.3.	Specimens of choice and the types of tests to be run for each are covered in Part 3.1.4.2A.4.b. of this document.
3.2.5.	AI-positive distributions units
a3.2.5.1.	Distributors’ facilities that test positive by RRT-PCR or virus isolation at an approved laboratory will undergo depopulation of any birds on the premises, followed by C&D.
b3.2.5.2.	Environmental samples may be taken for testing if indicated.
c3.2.5.3.	Any specimen testing positive at an approved laboratory will be submitted to the NVSL for virus isolation and further characterization of the virus.  However, premises will be depopulated on the basis of the original positive RRT-PCR or virus isolation results and will not await the results of testing at the NVSL.
d3.2.5.4.	A distributor that fails biosecurity inspections and/or is positive on quarterly testing will have to undergo monthly inspections and testing until there have been 3 consecutive months of negative testing, at which time quarterly testing will resume.
e3.2.5.5.	When birds are found to be positive within the distribution system, an investigation will be initiated.  This may require use of distributor records in order to complete traceouts to determine where the positives occurred in the LBM system.  State and Federal animal health officials and, if necessary, compliance personnel will work together with LBM personnel in the investigation.
C3.3.	Production Units
3.3.1.	Registration and education
3.3.1.1a.	Production units shall obtain a unique premises identification numbers to be used for all business pertaining to the LBMs.  Premises identification numbers are assigned through NAIS.  Information required for the records include:
(1) 3.3.1.1.1.	Business name, address, and telephone number;
(2) 3.3.1.1.2.	Owner’s name, address, and telephone number;
(3) 3.3.1.1.3.	Global Positioning System location;
(4) 3.3.1.1.4.	Premises capacity; and
(5) 3.3.1.1.5.	Other bird and animal production or sales facilities, as well as dealerships and bird transportation operation, under the same ownership.
(6) 3.3.1.1.6.	A list of all avian and non-avian species produced.
b3.3.1.2.	To participate in the LBMSP, production units shall allow LBMSP personnel to have access to all records and equipment for inspections when requested.  Testing may be conducted as indicated by the LBMSP. 
3.3.2.	Bird testing and recordkeeping
a3.3.2.1.	All birds provided to a distributor or directly to the LBM shall originate from an avian influenza monitored and approved premises and shall bear or be accompanied by identification to a premises of origin.  The categories of production units and the testing requirements for each category are as follows:
(1)	AI-monitored flock:  is tested monthly for AI for at least 3 months using AGID on serum or egg yolk samples from gallinaceous birds, RRT-PCR on tracheal swabs from gallinaceous birds, or virus isolation on cloacal swabs from waterfowl and other birds.  At least 30 birds per flock are tested monthly by an approved laboratory.
(2)	Established flock:  has been maintained together for at least 21 days prior to sample collection with no additions to the flock.  For an established flock to qualify for the first shipment into the LBM system or to requalify after any breaks in the monthly sample-testing regimen, 30 birds must be tested by AGID or other approved procedure within 10 days prior to movement.
(3)	Commingled flock:  is a group of poultry from multiple sources that has been assembled for one or more shipments.  When untested birds are added to the flock, previous test reports are void and the flock must requalify as an established flock by waiting 21 days before resampling, and then following the protocol as for a nonmonitored flock.
(4)	Nonmonitored flock:  has not been on a program of monthly testing for at least 3 months.  To qualify for sale in the LBM system, 30 birds in a nonmonitored flock must have been tested within 10 days of movement.
3.3.2.1.1.	AI Monitored Flock: To be certified as an AI Monitored  Flock, a flock must meet the following requirements: 
	3.3.2.1.1.1.	The group must have been together without any additions from nontested or non-monitored flocks for a minimum of 21 days before testing and no birds may be added between the testing date and the date they leave the farm. 
	3.3.2.1.1.2.	Samples from 30 birds, 3 weeks of age and older from all pens and houses on the premises, shall be collected between 21 and 30 days after the previous collection. 
	3.3.2.1.1.3.	The 30 birds selected for testing shall be selected randomly and shall be representative of the flock (birds of testing age tested from all pens and houses on the premises). 
	3.3.2.1.1.4.	The first test should be conducted within 30 days of placement except for the following: 
		3.3.2.1.1.4.1.	For serology, blood collection from silkies and other small breeds of chickens may be delayed until the birds are 6 to 8 weeks of age. 
		3.3.2.1.1.4.2.	For serology, blood collection from guineas, chukars, and quail may be delayed until the birds are 5 to 6 weeks of age. 
	3.3.2.1.1.4.3.	 Eggs may be substituted for blood samples from quail and chukars after they start laying. 
	3.3.2.1.1.5.	A flock must test negative for AI for 3 consecutive months before it is considered a monitored flock in good standing. When new birds are added to the premises, birds coming from a source of equal or higher status (for example, another monitored flock) assume the monitored flock status of the previous flock and must be tested once together as a monitored flock before moving into the LBMS. Chicks coming directly from an NPIP AI Clean hatchery must be tested once as part of a monitored flock before moving into the LBMS. If the added birds are from other sources, not equal to or of higher status, the flock must be tested for 3 months consecutively (with negative results) to be considered a monitored flock in good standing. 
	3.3.2.1.1.6.	To re-qualify for monitored flock status after any breaks in the required monthly testing, 30 birds must be tested by an NVSL-approved test protocol within 10 days before the date of movement into the LBMS. 
3.3.2.1.2.	Tested flock: A flock that has been established for a minimum of 21 days with no contact with other birds and no birds added to the flock during this time, and from which 30 birds are randomly sampled and tested negative for AI according to the specific requirements listed below, within 10 days before the date of movement into the LBMS. No poultry may be added to or have contact with this flock after testing and before movement. If the flock contains fewer than 30 birds, all birds within the flock must be tested. 
	3.3.2.1.2.1.	Samples from 30 birds, 3 weeks of age and older, from all pens and houses on the premises shall be collected. Eggs may be substituted for blood samples from quail and chukars after they start laying. 
	3.3.2.1.2.2.	The 30 birds for testing shall be selected randomly and shall be representative of the flock. 
	3.3.2.1.2.3.	Flock test records, as well as records of bird transfers, must be maintained and made readily available for inspection for 12 months by the bird owner, manager, or program participant as approved by the animal health agency. 
	3.3.2.1.2.4.	Birds loaded for transport to a distributor must be identified by premises of origin and must contain an appropriate date of movement or lot number that will distinguish this shipment from others. This information must be recorded on the test certificate or other paperwork if a test certificate is not required for movement to the distributor. 
	3.3.2.1.2.5.	Seropositive flocks must be quarantined and tested using an approved virus-detection procedure at the NVSL. 
	3.3.2.1.2.6.	Premises that have results confirmed as positive for H5 or H7 LPAI virus must depopulate and undergo cleaning and disinfection.
b3.3.2.2.	Samples for testing may be collected by LBMSP personnel.
c3.3.2.3.	Flock test records, as well as records of bird transfers, shall be maintained for 12 months.  Birds loaded for transportation to a distributor shall be identified by premises of origin and shall contain an appropriate date or lot number that will distinguish this shipment from others.  This information shall be recorded on the test certificate that will be provided to the distributor or LBM.
d3.3.2.4.	Birds from production units shall not be sold directly to LBMs unless the flock owner or manager is also registered as a distributor, with the necessary LBMSP approval for protocols and equipment to ensure effective C&D of conveyances and equipment.
e3.3.2.5.	Premises with birds that test positive at an approved laboratory will be held according to CDA authority while results are being confirmed.
f3.3.2.6.	Seropositive flocks must be quarantined and tested using an approved virus-detection procedure at the NVSL. a virus-detection procedure.  Birds such as quail, guineas, and other gallinaceous species will be tested by RRT-PCR or by virus isolation using tracheal swabs.  Waterfowl will be tested by virus isolation of cloacal swabs.
g3.3.2.7.	Premises that have results confirmed as positive for H5 or H7 LPAI virus must depopulate and undergo cleaning and disinfectionshall be required to depopulate and undergo C&D.  The premises shall then be inspected and tested by virus isolation.  A negative environmental test result is required before restocking.  
h3.3.2.8.	Premises that have results confirmed as positive for non-H5/H7 LPAI shall be managed under the discretion of the State Veterinarian.   
3.3.3.	Sanitation and biosecurity
a3.3.3.1.	Production unit facilities, conveyances, bird holding devices, and other equipment shall be clean and sanitary at all times.
b3.3.3.2.	Biosecurity protocols shall be developed by the producer and be in place in all production units on the premises.
c3.3.3.3.	Certification of employee training shall be maintained in the company personnel files.
d3.3.3.4.	Producers shall have approved equipment available for C&D of premises, conveyances, and crates.  They shall maintain records of C&D.
3.3.4.	Producer surveillance
a3.3.4.1.	Premises may be subjected to random inspections by LBMSP personnel to ensure that premises, conveyances, and coops are clean and sanitary.  Random samples may be collected for virus identification from birds or environment at the time of inspection.
b3.3.4.2.	Records will be reviewed during site inspections.
3.3.5.	LPAI-positive production facilities
a3.3.5.1.	Any specimens positive for virus shall be submitted to the NVSL for virus isolation and characterization.  The premises will remain under a hold order to restrict poultry movements be held until results are obtained from the NVSL.
b3.3.5.2.	Premises confirmed positive for H5 or H7 shall remain under quarantine, which stops poultry movements, and be inventoried.  Records will be examined, and all traceouts will be conducted.  The premises will be depopulated and will undergo C&D.
c3.3.5.3.	RRT-PCR or VI positives at LBMs and distribution facilities shall result in tracebacks to a supplier of origin by CDA or Federal personnel.  
Part 4:	LBM Rule Enforcement
A.	The Commissioner or the commissioner's designee shall enforce the provisions of this rule.
B.	Whenever the Commission has reasonable cause to believe a violation of this rule has occurred and immediate enforcement is deemed necessary, the Commission may issue a cease and desist order, which may require any person to cease violating any provision of this rule. Such cease and desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions cease forthwith. At any time after service of the order to cease and desist, the person may request, at such person's discretion, a prompt hearing to determine whether or not such violation has occurred. Such hearing shall be conducted pursuant to the provisions of article 4 of title 24, C.R.S., and shall be determined promptly.
C.	In the event that any person fails to comply with a cease and desist order within twenty-four hours, the Commission may bring a suit for a temporary restraining order and for injunctive relief to prevent any further or continued violation of this rule.
Part 5:	LBM Disciplinary actions - Denial of Registration
A.	The Commission, pursuant to the provisions of article 4 of title 24, C.R.S., may issue letters of admonition or deny, suspend, refuse to renew, restrict, or revoke any registration authorized under this rule if the applicant or licensee:
1.	Has refused or failed to comply with any provision of rule or any lawful order of the Commissioner;
2.	Has refused to provide the Commissioner with reasonable, complete, and accurate information regarding the care of animals when requested by the Commissioner; or
3.	Has falsified any information requested by the Commissioner.
Part 6:	LBM Civil penalties
A.	Any person who violates any provision of this rule is subject to a civil penalty, as determined by the Commission. The maximum penalty shall not exceed one hundred dollars per violation.
B.	No civil penalty may be imposed unless the person charged is given notice and opportunity for a hearing pursuant to article 4 of title 24, C.R.S.
C.	If the Commissioner is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the Commissioner, the Commissioner may:
1.	Bring suit to recover the amount of the civil penalty plus costs and attorney fees by action in any court of competent jurisdiction; or
2.	Refuse to renew any registration authorized under this rule that was issued to a person who has not paid the civil penalty.
D.	Before imposing any civil penalty, the Commissioner may consider the effect of such penalty on the operation registered in LBM program.
Parts 4-6 Reserved
Part 7:	Statements of Basis, Specific Statutory Authority and Purpose
A7.1.	Adopted: August 30, 2006 – Effective October 30, 2006
The statutory basis for this rule is §§35-50-101 et.seq., C.R.S. 2005 and specifically, §§ 35-50-105 (3)(h), C.R.S., 2005., powers and duties of the Commissioner.
The basis of this rule lies in the importance of maintaining the health of the poultry industry in Colorado, specifically, protecting the industry from the economic consequences of an outbreak of avian influenza (AI).  Avian influenza can take two forms, a milder version referred to as “low pathogenic avian influenza” (LPAI).  LPAI typically causes little or no clinical illness in poultry but results in decreased production and increased mortality.  Additionally, LPAI H5 and H7 subtypes have been shown to possess the potential to mutate into the more ravaging version, referred to as “high pathogenic avian influenza” (HPAI).  Historically, live bird markets have been proven to harbor LPAI.  
The purpose of this rule is to identify necessary sanitary standards for live bird markets and to establish a surveillance and testing protocol that the live bird market system, including suppliers, dealers, haulers, auction markets, wholesalers, and live bird markets, must follow.  The three primary goals of this rule include: (1) diagnose, control and prevent avian influenza; (2) help participants improve biosecurity, sanitation and disease control in their operations; and (3) minimize the effects of AI outbreaks on the Colorado commercial poultry industry.
7.2.	Adopted November 9, 2016 – Effective December 30, 2016
Statutory Authority
This rule is amended and adopted pursuant to the Commissioner’s authorities found at § 35-50-105, C.R.S., specifically, § 35-50-105(3)(a), (c), (f), (h), (i), (j), (l), and (p), C.R.S.
Purpose of changes to the rule
The purpose of this rule-making is to update matters related to the identification, control, and sanitation related to avian influenza, both low pathogenic and highly pathogenic influenzas, in bird production units, bird distribution units, and live bird markets within Colorado.
Factual and Policy Issues
Throughout the rule, the reviewers updated language to bring it into conformity with national disease prevention terms, definitions, and standards.  Concepts related to “premises identification” are updated to conform to the national standard.  As well, more precise information related to avian influenza is added to provide clarity for users of the rule.
In areas where terms that are identified and defined within the organic act, § 35-50-101, et seq., the reviewers ensured consistency of terms used in the statute and in the rule.
Additionally, the reviewers found it necessary to provide greater clarity with regard to bird testing and record-keeping of production facilities.  The rule now provides the standards necessary in a clearer manner for a production facility and its “AI Monitored Flocks” and “Tested Flocks.”
Finally, the reviewers modified the registration system because the previous rule had included a system that created a registration that extended beyond the bounds of the Commissioner’s authority with regard to registration, denial of registration, and a hearing process for that registration and possible denial of registration.  This rule still requires registration, but the registration that this rule provides is one by which a covered entity registers with the Commissioner and is subject to the enforcement authorities of the statute without creating additional hearing options or additional enforcement authorities.
Specific Purpose of this Rulemaking
The reviewers made grammatical and syntactic changes to Part 1, including removing acronyms where more specific language would clarify the intent and updating the term “National Animal Identification System” to its current name, the “USDA Animal Disease Traceability Rule.”
Within Part 2, the definitions section, the reviewers changed “Accredited Veterinarian” and “Cleaning and disinfection” to make these definitions consistent with other rules for livestock disease adopted by the Commissioner.  “Hold order” and “Quarantine” are changed to be consistent with how those terms are used within the rule’s enabling act.  The reviewers also updated definitions related to avian influenza and flocks associated with avian influenza to add precision and clarity.  Finally, the reviewers changed “registration” to comport with the authority the Commissioner has to require registration.
Changes to Part 3 include changes regarding waste and updated biosecurity measures for live bird markets.  Additionally, the reviewers expanded Part 3.3 to clarify the bird testing and record-keeping required for production units.  The reviewers provide this change to enhance testing protocols and qualifying standards for the industry to distinguish a “monitored flock” from a “tested flock.”  This change also permits the reviewers to remove the “established flock” category, simplifying the distinctions.
The reviewers removed Part 4 because the rule’s enabling act contains this language.  There is no need to repeat it in rule.
The reviewers removed Part 5 because there is no authority for the Commissioner to deny or grant registration.  Rather, the Commissioner’s authority extends to disease control and record-keeping of those facilities that are registered with the Commissioner.
Similarly, the reviewers removed Part 6 because the rule’s enabling act contains the authority for civil penalties for violations of the rule or of the enabling act.  There is no need to repeat it in the rule.
The reviewers have re-numbered the rule to contemplate the removed sections and to bring uniformity within the rule to its numbering convention.