(a) Registration/Licensing. Live Bird Markets, Live Bird Production Units, and Live Bird Market Distributors shall submit:      
        (1) An application including:                  (A) Business name and Owner name, address, and telephone number;                   (B) Hours of operation;                   (C) Bird capacity, which is based on the maximum number of fowl during the previous 12 months, being owned or managed by the registrant at any one time;                   (D) Other businesses under the same ownership in the LBM system, including other dealerships, bird transportation businesses, and commercial poultry operations;                   (E) A list of all avian and non-avian species distributed; and                   (F) NAIS unique premises identification number.         
        (2) An annual registration fee as provided in §54.4 of this title (relating to Registration Fee).       
      (b) Record Keeping. Requirements for Live Bird Markets, Live Bird Production Units, and Live Bird Market Distributors:      
        (1) Are responsible for verifying bird identification, using PIN or Lot identification and maintaining identification and obtaining and maintaining documentation of test-negative status of all birds at the time of their receipt. If records do not accompany the shipment the management is prohibited from allowing those fowl to enter the premises.       
        (2) Records for avian species shall include the date of entry into a LBM, the premises-of-origin identification number, with lot identifier; the number and species of birds in the lot; the distributor license number; the date of sale and a copy of the negative test results for the source flock.       
        (3) These records must be maintained for a minimum of two years. Such records must be made available to State or Federal animal health officials, upon request, during normal business hours.       
      (c) Biosecurity. Live Bird Markets, Live Bird Production Units, and Live Bird Market Distributors shall:      
        (1) Develop and follow a biosecurity protocol approved by the Commission. This protocol shall include standards for cleaning & disinfecting (C&D) of facilities, conveyances, and equipment. This protocol shall also call for management practices and physical barriers that prevent migratory water fowl from accessing any water supply being used by or shared with the fowl at the facility.       
        (2) Train all personnel that work for the company in biosecurity by State or Federal personnel or by a trained company representative. Certification of employee training must be maintained in the personnel files for a minimum of two years. Such records must be made available to State or Federal animal health officials, upon request, during normal business hours.       
        (3) Once delivered to a market, birds must be slaughtered and processed before leaving the facility, unless otherwise provided for in the biosecurity protocol.       
        (4) Confine domestic and exotic fowl in a cage, pen or other structure in order to provide a physical barrier at all times so as to keep the fowl separate and apart from all other fowl of infected, exposed or unknown health status and to limit exposure to wild bird populations.       
      (d) Inspections.      
        (1) The Commission may make inspections of any facilities, conveyances, and equipment and the domestic or exotic fowl therein and review records to ensure compliance with the requirements of the fowl registration program.       
        (2) Live Bird Markets, Live Bird Production Units, and Live Bird Market Distributors shall allow State and/or Federal animal health officials to have access to records upon request and to permit official inspections and testing of birds, premises, vehicles, and equipment as deemed appropriate by the Commission.       
        (3) Indication or evidence that paperwork received has been altered or that it misrepresents the sources or test status of birds coming into the LBM, the LBMS, or distributor must be reported to a Federal or State animal health official.       
      (e) Avian Influenza Test Requirements. All domestic fowl in a Live Bird Marketing System shall participate in testing for avian influenza virus which shall include but is not limited to using AGID on serum or egg yolk samples from gallinaceous birds, RRT-PCR on tracheal swabs from gallinaceous birds, or virus isolation on cloacal swabs from waterfowl and other birds:      
        (1) Live Bird Markets and Live Bird Marketing System distributors shall be tested:                  (A) at least quarterly; and                   (B) may include live birds, environment, conveyances, and crates.         
        (2) All birds provided to a distributor or directly to the LBM must originate from an avian influenza negative flock and must bear or be accompanied by identification to a premises of origin. The categories of production units and the testing requirements for each category are as follows:                  (A) AI-monitored flock: This is a flock that is tested monthly for AI for at least 3 months using AGID on serum or egg yolk samples from gallinaceous birds, RRT-PCR on tracheal swabs from gallinaceous birds, or virus isolation on cloacal swabs from waterfowl and other birds. At least 30 birds per flock are tested monthly by an approved laboratory.                   (B) Established flock: This is a flock that has been maintained together for at least 21 days prior to sample collection with no additions to the flock. For an established flock to qualify for the first shipment into the LBM system or to requalify after any breaks in the monthly sample-testing regimen, 30 birds must be tested by AGID or other approved procedure within 10 days prior to movement.                   (C) Commingled flock: This is a group of poultry from multiple sources that has been assembled for one or more shipments. When untested birds are added to the flock, previous test reports are void and the flock must requalify as an established flock by waiting 21 days before resampling, and then following the protocol as for a nonmonitored flock.                   (D) Nonmonitored flock: This is a flock that has not been on a program of monthly testing for at least 3 months. To qualify for sale in the LBM system, 30 birds in a nonmonitored flock must have been tested within 10 days of movement.         
      (f) Infected flock. Any Live Bird Marketing System flock where fowl are positive on virus isolation or RRT-PCR for a disease reportable to the Commission under Chapter 45 of this title (relating to Reportable Diseases):      
        (1) Any specimens positive for virus will be submitted to the NVSL for virus isolation and characterization. The premises will be movement restricted by a hold order until results are obtained from the NVSL.       
        (2) Infected flocks will be placed under quarantine, the fowl depopulated, and the facility cleaned and disinfected unless an alternate approach to disease elimination is approved by the Commission. No new fowl may be added to the quarantined flock unless approved by the Commission. A flock plan shall be developed between the flock owner and the Commission addressing the length of time the facility is to remain vacant of fowl, the testing schedule following repopulation, and other details germane to the management of the flock and elimination of disease.       
        (3) RRT-PCR or VI positives at LBMs and distribution facilities will result in trace-backs to a supplier of origin by State or Federal personnel in the State of origin.       
      (g) Violations of these requirements will be handled as provided in §54.8 of this title (relating to Enforcement).     
     Source Note:        The provisions of this §54.9 adopted to be effective March 25, 2009, 34 TexReg 1987; amended to be effective July 13, 2010, 35 TexReg 6064; amended to be effective June 3, 2014, 39 TexReg 4241