On September 24, 2026, the U.S. Department of Agriculture's Animal and Plant Health Inspection Service, or APHIS, unveiled a proposed rule that could significantly alter the landscape of live bird and avian commodity imports into the United States. Docketed as APHIS-2023-0069, this action seeks to reduce the mandatory pre-export waiting period from 90 days to 28 days for avian products originating from regions affected by Highly Pathogenic Avian Influenza (HPAI). This strategic adjustment is driven by an evolving scientific understanding of HPAI transmission and aims to harmonize U.S. regulations with international standards. The proposal carries the potential to reshape global poultry trade dynamics, ensure a more resilient supply chain, and offers a crucial window for public comment until November 23, 2026, allowing stakeholders to weigh in on its far-reaching implications.
The Proposed Regulatory Shift and Its Context
Current APHIS regulations, codified in 9 CFR Parts 93 and 94, are designed to prevent the introduction and spread of animal diseases, including HPAI. These rules presently mandate that live birds and other avian commodities must not have been exposed to HPAI or sourced from premises quarantined for the disease within the 90 days immediately preceding their export to the United States. This 90-day waiting period reflects the scientific consensus that existed when these provisions were initially established. However, the proposed rule directly targets this longstanding requirement, advocating for a reduction to 28 days. This change is not merely administrative but represents a substantive shift designed to allow foreign regions to resume exports to the U.S. significantly sooner after an HPAI outbreak, thereby mitigating protracted trade disruptions, while still upholding robust biosecurity. The underlying rationale is to strike a new balance between facilitating international commerce and safeguarding domestic animal health.
Scientific Advancements Driving Policy Alignment
The impetus for this proposed regulatory change is rooted in significant advancements in the scientific understanding of HPAI, primarily championed by the World Organization for Animal Health, or WOAH. Formerly known as the Office International des Epizooties, WOAH is a global authority on animal health standards. Its 2004 Terrestrial Animal Health Code served as a foundational document for previous U.S. regulations, recommending a three-month recovery period after the depopulation of affected poultry. However, subsequent research and analysis by the WOAH Scientific Commission on Animal Diseases revealed a revised understanding of the virus's epidemiology. The Commission determined that the incubation period for HPAI was shorter than previously believed, now recognized as 14 days, down from 21 days. Critically, this updated science indicated that a minimum recovery period of 28 days, equivalent to two flock-level incubation periods, was sufficient for regaining HPAI-free status. These scientific findings were formally incorporated into the WOAH Terrestrial Animal Health Code through a May 2021 revision. APHIS has already demonstrated confidence in this updated scientific standard by provisionally adopting the 28-day period in a 2022 import protocol with Canada for live birds and avian products, acting as a successful pilot for the broader proposed change.
Economic Resilience and Trade Facilitation
The economic implications of reducing the HPAI waiting period are substantial, particularly for the U.S. poultry sector, which boasted a valuation of $81.7 billion in 2025 and maintains strong ties to global markets. HPAI outbreaks, by their nature, trigger immediate and extensive trade restrictions that can cause severe disruptions in supply chains, impacting everything from poultry meat to eggs and breeding stock. The current 90-day restriction can lead to prolonged market closures, creating shortages, price volatility, and significant financial losses for businesses. By shortening this period to 28 days, APHIS aims to restore market access much faster, offering substantial benefits to a wide array of stakeholders. This includes poultry producers who rely on international sales and imports, processors, wholesalers, and ultimately consumers who benefit from a stable and diverse supply. For example, APHIS estimates that more timely access to imported eggs from the European Poultry Trading Region alone could generate annual benefits ranging from $1.1 million to $4.4 million. The proposal underscores its role in enhancing overall market resilience, mitigating the economic fallout of disease events, and providing greater flexibility in trade negotiations with other international partners. While the aggregate economic impact is positive, the agency also transparently notes that some domestic entities may experience increased competition sooner than under the longer restriction. The majority of affected businesses, including poultry producers, hatcheries, processors, and wholesalers, qualify as small entities, and the rule is broadly expected to yield net benefits through improved market access.
Navigating the Regulatory Landscape and Public Engagement
The legal foundation for this proposed rule rests firmly on Section 8303 of the Animal Health Protection Act, or AHPA, which grants the Secretary of Agriculture the authority to impose import restrictions necessary to prevent the introduction or dissemination of livestock diseases within the United States. This authority has been delegated to APHIS, which is responsible for crafting and implementing such regulations. The proposal has undergone standard regulatory scrutiny, including a determination that it is not "significant" under Executive Order 12866. Furthermore, its review under Executive Order 12988, pertaining to Civil Justice Reform, indicates that if enacted, the rule would preempt any inconsistent state and local laws, would not be applied retroactively, and would not necessitate administrative proceedings before legal challenges could be mounted. APHIS has also emphasized its commitment to soliciting public feedback, particularly regarding the potential economic effects on small entities, to ensure a comprehensive understanding of the rule's impact. The upcoming November 23, 2026, deadline for comments represents a critical juncture for industry representatives, animal welfare advocates, and other interested parties to contribute to the final shape of these significant regulatory amendments.
