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APHIS Proposes Amendments to Agricultural Bioterrorism Protection Act List of Agents and Toxins

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced a proposed rule to “amend and republish the list of select agents and toxins that have the potential to pose a severe threat to animal or plant health, or to animal or plant products.” The rule is proposed pursuant to the Agricultural Bioterrorism Protection Act of 2002. The proposed rule includes an April 1, 2024, deadline for public comments.

APHIS Announces Withdrawal of Final Horse Protection Act Rule in Conjunction with New Proposed Rule

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced its withdrawal of a final Horse Protection Act (HPA) rule that would disallow third-party training to inspect for horse soring. APHIS filed the final rule for public inspection with the Office of the Federal Register on January 19, 2017, but withdrew it from publication on January 23, 2017, to comply with a memorandum from then-President Trump’s Chief of Staff. In place of the final rule, the withdrawal of which will be effective November 30, 2023, APHIS proposed a new HPA rule on August 21, 2023. The proposed rule would require APHIS screening, training, and authorization of qualified inspectors at horse shows, exhibitions, sales, and auctions, and is intended to protect horses from soring and end unfair competition practices.

USDA Terminates AWA License for Montana Animal Exhibitor with History of Legal Violations

The U.S. Department of Agriculture (USDA) terminated the Animal Welfare Act (AWA) license for Troy Hyde, dba Animals of Montana (AOM), after the State of Montana revoked the wild animal exhibitor’s menagerie permit. USDA found that the Montana Department of Fish, Wildlife, and Parks had determined that AOM committed 22 violations of Montana’s rules and regulations related to animal welfare, care, and transportation. In 2005, Troy Hyde was convicted of violating the Endangered Species Act and the Lacey Act and, in 2009, a previous AWA license issued to AOM was terminated, with a two-year license disqualification period imposed.

USDA Confirms New Cases of Bird Flu in Commercial Poultry Flocks

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service updated its online database of highly pathogenic avian influenza (HPAI) to reflect the most recent HPAI detections in commercial poultry. New confirmed cases include commercial turkey flocks in Jerauld County, South Dakota (47,300 birds), Sanpete County, Utah (141,800 birds), and Meeker County, Minnesota (186,000 birds), among others. The number of confirmed cases in October is significantly higher than in the preceding months of 2023. The uptick in cases may be related to fall bird migration patterns.

APHIS Announces Restrictions on Poultry Imports from Certain European Countries to Mitigate Bird Flu Risks

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced that it is imposing restrictions on the import of poultry from France based on APHIS’s determination that France’s vaccination of commercial meat ducks against Highly Pathogenic Avian Influenza (HPAI) creates a risk of introducing HPAI into the U.S. The U.S. prohibits the import of poultry from countries that are either affected by HPAI or that are vaccinating poultry flocks against HPAI. APHIS is also restricting the import of live ducks, duck eggs, and untreated duck products from the European Poultry Trade Region (excluding Great Britain), Iceland, Switzerland, Liechtenstein, and Norway.

APHIS Finalizes Changes to Equine Import Regulations

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) finalized regulations related to the import of equines under the Animal Health Protection Act. The final rule amends requirements related to the transit of horses through certain regions and adds requirements for horse health certifications and shipping containers used for horse transport, along with other changes. The final rule is effective October 16, 2023.