The Animal and Plant Health Inspection Service APHIS of the U.S. Department of Agriculture USDA has issued a notice indicating its intent to revise and extend the approval for an information collection critical to its efforts in preventing the introduction and spread of highly pathogenic avian influenza HPAI and Newcastle disease within the United States. This action, published in the Federal Register on May 26, 2026, initiates a public comment period lasting until July 27, 2026, regarding regulations impacting the importation of various avian products and live birds.
The Persistent Threat of Avian Diseases
HPAI and Newcastle disease represent significant threats to domestic poultry populations and agricultural economies. HPAI, as defined in 9 CFR Sec. 94.0, is an infectious and often fatal disease that can rapidly spread among flocks. Its viruses are remarkably resilient, capable of remaining viable in the environment for extended periods and transmitting through contaminated manure, equipment, vehicles, and even clothing. APHIS highlights that a single gram of contaminated manure can harbor enough virus to infect a million poultry.
Similarly, Newcastle disease, also defined in 9 CFR Sec. 94.0, is a highly contagious paramyxovirus affecting birds. It can lead to nearly 100 percent mortality in unvaccinated poultry flocks and can even cause death in vaccinated birds, underscoring the severity and widespread impact of these avian pathogens.
Regulatory Framework and Import Controls
APHIS's authority to implement these preventative measures stems from the Animal Health Protection Act 7 U.S.C. 8301 et seq. This legislation empowers the agency to prohibit or restrict the importation and interstate movement of animals and animal products to safeguard against livestock diseases. The specific regulations governing these import controls are outlined in 9 CFR parts 92 through 98, with parts 93, 94, and 95 directly addressing HPAI and Newcastle disease.
Under these regulations, APHIS imposes strict prohibitions or restrictions on the importation of unprocessed bird and poultry products and byproducts originating from regions where HPAI or Newcastle disease has been reported. Additionally, specific permit and quarantine requirements are in place for U.S.-origin pet, performing, or theatrical birds returning to the United States. Further restrictions apply to live poultry and birds that have been vaccinated for certain types of avian influenza or that have transited through or originated from affected regions.
Information Collection Activities and Recent Revisions
To enforce these critical health regulations, APHIS relies on a suite of information collection activities. These include various APHIS forms, the application of seals, formal agreements, notarized declarations or affirmations, mandatory notification of disease signs in recently imported birds, cooperative service agreements, and rigorous recordkeeping by processing establishments.
In this latest request, APHIS is seeking approval from the Office of Management and Budget OMB to continue these information collection activities for an additional three years. The agency has also made several amendments to its information collection framework. Notably, it has increased the estimated number of respondents, responses, and total burden hours. Furthermore, APHIS has streamlined its forms by moving specific documents:
- VS Form 16-3 (Application for Permit to Import Controlled Material for bird carcasses or parts) and VS Form 16-6A (similar application) have been relocated to the agency's new "VS Permit Common Forms" information collection.
- VS Form 17-129 (Application for Import or In-Transit Permit for Live Animals, Birds, Poultry, and Hatching Eggs) has also been moved to the "New VS Permit Common Forms."
- VS Form 16-28 (Approved Warehouse Request and Agreement to Handle Restricted Animal Byproducts) and VS Form 16-29 (Agreement for Handling Restricted Imports of Animal Byproducts and Controlled Materials) have been consolidated into information collection 0579-0015, titled "Restricted, Prohibited, and Controlled Importation of Animal and Poultry Products and Byproducts into the United States." This consolidation aims to centralize all byproduct collection activities.
Public Comment and Burden Estimate
APHIS's notice serves as an invitation for public and agency comments on several key areas. These include evaluating the necessity and practical utility of the collected information, assessing the accuracy of the estimated burden, enhancing the quality and clarity of the information, and exploring ways to minimize the reporting burden through electronic or automated technologies.
The agency estimates the public reporting burden for this information collection to average 0.69 hours per response. Annually, APHIS anticipates approximately 5,100 respondents, generating 9,174 responses, and incurring a total annual burden of 6,334 hours on respondents. The diverse group of respondents includes foreign federal government officials, owners of U.S.-origin pet and performing birds returning to the country, and U.S. importers of bird and poultry carcasses, products, byproducts, and eggs from designated regions.
Safeguarding Public Health and Agricultural Interests
This ongoing regulatory vigilance underscores the USDA's commitment to protecting the nation's animal health and agricultural sector from potentially devastating foreign animal diseases. By soliciting public input and refining its information collection processes, APHIS aims to ensure that its import restrictions remain effective, efficient, and adequately supported to mitigate risks posed by HPAI and Newcastle disease.
