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2008 SESSION

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VIRGINIA ACTS OF ASSEMBLY -- CHAPTER   An Act to amend and reenact § 3.1-741.4 of the Code of Virginia, relating to testing for avian influenza. [H 1424] Approved

 

Be it enacted by the General Assembly of Virginia:

1. That § 3.1-741.4 of the Code of Virginia is amended and reenacted as follows:

§ 3.1-741.4. Importation of subject avian species; test.

A. Except as provided in subsection D, no person may bring or ship to Virginia any type of subject avian species or hatching egg from any state that is subject to a current avian influenza testing proclamation, issued pursuant to § 3.1-741.5, unless:

1. The subject avian species or hatching egg is first tested and found negative for avian influenza, or comes from a flock that has first been tested and found negative for avian influenza, within 10 days the specific period of time set out by the proclamation of the State Veterinarian before the subject avian species or hatching egg enters Virginia; and

2. The results of the test for avian influenza are recorded on a health certificate signed by an accredited veterinarian in the state of origin or on a report issued by a laboratory approved by any state or federal animal health authority.

B. In testing for avian influenza pursuant to this section, the accredited veterinarian shall use only a test method approved by the State Veterinarian, conducted in a laboratory approved by any state or federal animal health authority.

C. Any person who violates this section shall be guilty of a Class 1 misdemeanor.

D. Nothing in this section shall apply to:

1. Any subject avian species or hatching egg passing directly through Virginia to another state without being removed from its primary container;

2. Any hatching egg, day-old chicken, day-old game bird or day-old turkey, so long as the flock from which the hatching egg, day-old chicken, day-old game bird or day-old turkey originates participates in the National Poultry Improvement Plan's Avian Influenza Clean Program, unless otherwise expressly provided by the proclamation of avian influenza testing issued pursuant to § 3.1-741.5; or

3. Any broiler going directly to slaughter unless otherwise expressly provided by the proclamation of avian influenza testing issued pursuant to § 3.1-741.5.

2.  That an emergency exists and this act is in force from its passage.