WASHINGTON —The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service announced an interim final rule that updates the conditions for poultry facilities to receive indemnity and compensation after testing positive for HPAI.
Based on evidence that strong biosecurity measures remain the most effective strategy to combat HPAI, APHIS will now require that farmers undergo a biosecurity audit before restocking their poultry after an HPAI detection and before receiving future indemnity payments.
This change follows outreach to the industry about potential changes to regulations, information sharing about biosecurity best practices and on-farm engagement by APHIS staff following HPAI detections.
Since the beginning of the current HPAI outbreak in 2022, APHIS has made indemnity payments to over 1,200 producers. Of these, 67 unique commercial poultry premises have had at least two HPAI infections, including 18 premises infected three or more times. Those with reinfections have received over $365 million in indemnity payments, out of nearly $1.1 billion that has been distributed.
Under the interim final rule, if a commercial poultry farm affected by HPAI wants to restock its poultry and be eligible for future indemnity on that restock, the premises will be required to pass a biosecurity audit by APHIS before restocking. APHIS will also require a biosecurity audit for commercial poultry premises within the “buffer zone” (minimal 4.35-mile radius around the infected zone) before the movement of poultry onto the premises if the owner wishes to be eligible for future indemnity for poultry moved onto the premises.
Additionally, APHIS will not pay indemnity for flocks moved onto premises in active infected zones if the flocks become infected with HPAI within 14 days following the dissolution of the control area. A producer who does not make corrections recommended in APHIS’s biosecurity audit will not be eligible for indemnity payments if the premises experience future infections within the same outbreak.
This interim final rule will be effective upon publication in the Federal Register. At that time, APHIS will accept public comments at regulations.gov. All comments must be submitted on or before March 3. After the comment period closes, APHIS will publish another document in the Federal Register including a discussion of any comments received and any amendments the agency is making to the rule.
