Proposed Text
CHAPTER 200
RULES AND REGULATIONS PERTAINING TO THE DISPOSAL OF ENTIRE FLOCKS OF DEAD POULTRY
2VAC5-200-10. Definitions.
The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Composting" means the natural process in which beneficial microbes reduce dead poultry into a biologically safe byproduct.
"Dead poultry" means poultry, exclusive of those
intentionally slaughtered for food, which that die or are
destroyed as a result of a contagious and infectious disease upon any
premises in the state through natural contagion on any premises in this
state and poultry destroyed as the result of a natural or manmade disaster.
"Department" means the Virginia Department of
Agriculture and Consumer Services.
"Disposal" means the complete to put dead
poultry into a landfill or disposal pit; the complete destruction of dead
poultry in an incinerator or their proper disposition in a disposal pit, in
a landfill, or by rendering or composting; or the management of dead
poultry by other methods approved by the State Veterinarian.
"Disposal pit" means an opening dug in the ground
that meets the Initial Site Screening Criteria for Burial of Dead Poultry,
the terms of which are hereby incorporated by reference and criteria as
specified in VR 672-20-10 9VAC20-80, of the Virginia Department
of Waste Management Environmental Quality, Solid Waste Management
Regulations.
"Entire flock" means all of the poultry
within one group of poultry that has been designated as a flock for a
period of at least 21 days.
"Flock" means all of the poultry on one
premises, except that, at the discretion of the department State
Veterinarian, any group of poultry which is segregated from other poultry
and has been so segregated for a period of at least 21 days may be considered
as a separate flock.
"Incinerator" means a firebox constructed of
masonry or metal in which dead poultry is burned by the use of fuel device
designed for treatment of waste by combustion.
"Infectious and contagious disease" means avian
influenza and exotic newcastle disease.
"Landfill" means an engineered land burial
facility for the disposal of solid waste which is so located, designed,
constructed, and operated to contain and isolate the solid waste so that it
does not pose a substantial present or potential hazard to human health or the
environment area permitted by the Department of Environmental Quality
allowing the disposal of dead poultry.
"Off-farm disposal site" means any site for the disposal of dead poultry other than the farm on which the dead poultry died.
"Person" means any person, firm, partnership,
corporation, or institution which engages in the raising or keeping of poultry for
profit in this state.
"Poultry" means all chickens, ducks, turkeys or
other domestic fowls being raised or kept on any premises in the state for
profit.
"Premises" means the entire tract of land, including
but not limited to the buildings thereon, owned, leased or used by any person
for the raising or keeping of poultry for profit.
"Raising or keeping of poultry for profit"
means the raising or keeping of 500 or more poultry at one time for the
purpose of sale of such poultry or the eggs produced therefrom.
"Rendering" means treating dead poultry according to
the process described in 9 CFR § 381.95(a) 82.1.
Statutory Authority
§ 3.1-726 of the Code of Virginia.
Historical Notes
Derived from VR115-02-18 § 1, eff. November 2, 1990.
2VAC5-200-20. Applicability.
This chapter shall govern the disposal of dead birds poultry
by persons who raise or keep poultry for profit or who have entered into a
contract for the raising or keeping of poultry for profit, but only when the
entire flock is to be depopulated or when the entire flock dies. In all other
instances § 3.1-742.1 et seq. involving for profit operations, Article
2 (§ 3.2-6024 et seq.) of Chapter 60 of Title 3.2 of the Code of Virginia,
Disposal of Dead Poultry, shall govern.
Statutory Authority
§ 3.1-726 of the Code of Virginia.
Historical Notes
Derived from VR115-02-18 § 2, eff. November 2, 1990.
2VAC5-200-30. Disposal pits, incinerators, landfilling landfills,
or rendering, or composting required of persons raising or
keeping poultry for profit.
A. It shall be unlawful for any person to engage in the
raising or keeping of poultry for profit on any premises within the
Commonwealth of Virginia, or to enter into a contract involving the raising or
keeping of poultry for profit with any other person, unless the premises
upon which such poultry is to be raised or kept is provided with or unless the
person maintaining the premises whereon the poultry is raised or kept has
access to:
1. A disposal pit;
2. An incinerator;
3. A renderer through a bona fide contract for rendering;
4. A landfill, through a bona fide contract for the disposal of dead poultry therein.
5. Composting either on site, in the poultry house, or at another site approved by the State Veterinarian; or
6. Any other method approved by the State Veterinarian.
B. Provisions governing disposal pits.
1. If possible, an area away from public view should be selected.
2. No person engaged in the raising or keeping of poultry for
profit and no person who has entered into a contract involving the raising
or keeping of poultry for profit with any other person shall construct
or use any pit for the disposal of poultry unless it conforms to the definition
of a disposal pit contained in this chapter.
3. Any person engaged in the raising or keeping of poultry for
profit and any person who has entered into a contract involving the raising
or keeping of poultry for profit with any other person shall, before
using a disposal pit, obtain approval for its use as required by state law.
C. Provisions governing incinerators.
1. If possible, an area away from public view should be selected.
2. No person engaged in the raising or keeping of poultry for
profit and no person who has entered into a contract involving the raising
or keeping of poultry for profit with any other person shall construct
or use an incinerator for the disposal of dead poultry unless it is
constructed of masonry or metal and has the capability to burn within a
time frame approved by the State Veterinarian all poultry raised or kept on the
premises at any time.
3. Any person engaged in the raising or keeping of poultry for
profit and any person who has entered into a contract involving the raising
or keeping of poultry for profit with any other person shall, before
using an incinerator on his premises to dispose of birds, obtain approval for
its use as required by state law.
D. Provisions governing bona fide rendering contract. No
person engaged in the raising or keeping of poultry for profit and no
person who has entered into a contract involving the raising or keeping of
poultry for profit with any other person shall dispose of dead poultry
through rendering unless he owns a rending facility, or unless he has
entered into a bona fide contract for the rendering of such dead poultry, which
contract shall be part of the plan for disposal of dead poultry specified by
2VAC5-200-50 of this chapter.
E. Provisions governing bona fide contract with a landfill. No
person engaged in the raising or keeping of poultry for profit and no
person who has entered into a contract involving the raising or keeping of
poultry for profit with any other person shall dispose of dead poultry
in a landfill unless he owns a landfill, or unless he has entered into a
bona fide contract for such disposal of dead poultry in a landfill, which
contract shall be part of the plan for the disposal of dead poultry specified
by 2VAC5-200-50 of this chapter.
F. Provisions governing composting.
1. If possible, an area from public view should be selected.
2. No person engaged in the raising or keeping of poultry and no person who has entered into a contract involving the raising or keeping of poultry with any other person shall construct or use any facility for the composting of dead poultry unless it conforms to best management practices or acceptable composting guidance as approved by the State Veterinarian.
3. Any person engaged in the raising or keeping of poultry and any person who has entered into a contract involving the raising or keeping of poultry with any other person shall, before composting, obtain approval for composting as required by state law.
Statutory Authority
§ 3.1-726 of the Code of Virginia.
Historical Notes
Derived from VR115-02-18 § 3, eff. November 2, 1990.
2VAC5-200-50. Plans for disposal of dead poultry.
A. No person shall engage in the raising or keeping of poultry
for profit and no person shall enter into a contract involving the
raising or keeping of poultry for profit with any other person unless he
files with the State Veterinarian a plan, has in his possession a
dead poultry disposal plan embracing at a minimum provisions consistent
with the requirements of this chapter for the disposal of an entire flock of
dead poultry. The plan shall be made available upon request of the State
Veterinarian or his representative.
B. No person may implement the plan or any amendment to it
until it is approved by the State Veterinarian. No person who owns a
flock of less than 500 poultry shall be required to have a plan for the
disposal of dead poultry. In the event a flock of less than 500 poultry needs
to be depopulated or dies, the State Veterinarian, in consultation with the
owner, will determine a method of disposal that complies with disease
prevention protocol and is environmentally sound.
C. Nothing in this section shall prohibit a person from filing
developing a plan on behalf of its contract growers.
Statutory Authority
§ 3.1-726 of the Code of Virginia.
Historical Notes
Derived from VR115-02-18 § 5, eff. November 2, 1990.
2VAC5-200-60. Transportation of dead poultry; sanitation.
A. No person may transport any dead poultry from any premises to
an off-farm disposal site without the prior approval, granted by permit
on a case-by-case basis, by the State Veterinarian or his representative.
B. No person may transport dead poultry from a farm premises
to any off-farm disposal site except in leak-proof containers or leak-proof trucks
transporting vehicles.
C. No person may transport dead poultry from a farm premises to any off-farm disposal site unless the dead poultry is enclosed in the transporting vehicle so that feathers and other debris will not be released into the environment.
D. No person may transport dead poultry from a farm premises to an off-farm disposal site unless:
1. The containers are disinfected prior to loading on the truck
transporting vehicle and the exterior of the loaded truck transporting
vehicle disinfected prior to leaving the farm; and
2. The entire truck transporting vehicle is
cleaned and disinfected after unloading at the off-farm disposal site and prior
to leaving the off-farm disposal site.
Statutory Authority
§ 3.1-726 of the Code of Virginia.
Historical Notes
Derived from VR115-02-18 § 6, eff. November 2, 1990.
FORMS (2VAC5-200)
Initial Premises Survey For Burial of Poultry, Form
VDACS-03110.
Approval of Dead Poultry Disposal Plan, Form VDACS-03111,
eff. 2/93.