CHAPTER 200
RULES AND REGULATIONS PERTAINING TO THE DISPOSAL OF ENTIRE FLOCKS OF DEAD POULTRY (REPEALED)

2VAC5-200-10. Definitions. (Repealed.)

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 treatment process in which beneficial microbes reduce dead poultry into a biologically safe byproduct.

"Dead poultry" means poultry, exclusive of those intentionally slaughtered for food, that die or are destroyed as a result of a contagious and infectious disease through natural contagion on any premises in this state and poultry destroyed as the result of a natural or manmade disaster.

"Disposal" means to put dead poultry into a landfill or disposal pit; the treatment and complete destruction of dead poultry in an incinerator or treatment by rendering or composting; or the management of dead poultry by other methods approved by the State Veterinarian and in accordance with other state laws and regulations.

"Disposal pit" means an opening dug in the ground that is permitted in accordance with and meets criteria as specified in 9VAC20-80 of the Virginia Waste Management Board, Solid Waste Management Regulations.

"Entire flock" means all poultry within one group that has been designated as a flock for a period of at least 21 days.

"Flock" means all poultry on one premises, except that, at the discretion of the 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 device designed for treatment of waste by combustion.

"Landfill" means an 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 in this state.

"Poultry" means all chickens, ducks, turkeys or other domestic fowls being raised or kept on any premises in the state.

"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.

"Raising or keeping of poultry" means the raising or keeping of 500 or more poultry at one time.

"Rendering" means treating dead poultry according to the process described in 9 CFR 82.1.

2VAC5-200-20. Applicability. (Repealed.)

This chapter shall govern the disposal of dead poultry, but only when the entire flock is to be depopulated or when the entire flock dies. In all other instances 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.

2VAC5-200-30. Disposal pits, incinerators, landfills, rendering, or composting required of persons raising or keeping poultry. (Repealed.)

A. It shall be unlawful for any person to engage in the raising or keeping of poultry on any premises within the Commonwealth of Virginia, or to enter into a contract involving the raising or keeping of poultry 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. Disposal pits shall be sited and permitted as landfills in accordance with the requirements of 9VAC20-80, Solid Waste Management Regulations, of the Virginia Waste Management Board.

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 and no person who has entered into a contract involving the raising or keeping of poultry with any other person shall construct or use an incinerator for the disposal of dead poultry unless it 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 and any person who has entered into a contract involving the raising or keeping of poultry 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 and regulation.

D. Provisions governing bona fide rendering contract. 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 dispose of dead poultry through rendering unless he owns a rendering 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.

E. Provisions governing bona fide contract with a landfill. 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 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.

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 and regulation.

2VAC5-200-40. Exemptions. (Repealed.)

The State Veterinarian may authorize disposal of dead poultry by a method other than one prescribed in this chapter, so long as, in the opinion of the State Veterinarian, that method meets or exceeds the standards established by this chapter.

2VAC5-200-50. Plans for disposal of dead poultry. (Repealed.)

A. No person shall engage in the raising or keeping of poultry and no person shall enter into a contract involving the raising or keeping of poultry with any other person unless he 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 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, is environmentally sound, and is consistent with state law and regulation.

C. Nothing in this section shall prohibit a person from developing a plan on behalf of its contract growers.

2VAC5-200-60. Transportation of dead poultry; sanitation. (Repealed.)

A. No person may transport any dead poultry from any premises to an off-farm disposal site without the prior approval, granted 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 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 transporting vehicle and the exterior of the loaded transporting vehicle is disinfected prior to leaving the farm; and

2. The entire transporting vehicle is cleaned and disinfected after unloading at the off-farm disposal site and prior to leaving the off-farm disposal site.