---
kind: "section"
citation: "9 C.F.R. § 146.23"
title: "9"
number: "146.23"
heading: "Terminology and classification; flocks and products."
url: "https://uscodex.org/cfr/9/146.23"
---

# §146.23. Terminology and classification; flocks and products.


Participating flocks which have met the respective requirements specified in this section may be designated by the following terms and the corresponding designs illustrated in [§ 146.9](/cfr/9/146.9.md) of this part:

- (a) **U.S. H5/H7 Avian Influenza Monitored—**
  - (1) **Table-egg layer pullet flocks.** This program is intended to be the basis from which the table-egg layer industry may conduct a program to monitor for the H5/H7 subtypes of avian influenza. It is intended to determine the presence of the H5/H7 subtypes of avian influenza in table-egg layer pullets through routine surveillance of each participating commercial table-egg layer pullet flock. A flock will qualify for this classification when the Official State Agency determines that it has met one of the following requirements:
    - (i) It is a commercial table-egg layer pullet flock in which a minimum of 11 birds have been tested negative to the H5/H7 subtypes of avian influenza as provided in [§ 146.13(b)](/cfr/9/146.13.md?p=b) within 21 days prior to movement; or
    - (ii) It is a commercial table-egg layer pullet flock that has an ongoing active and diagnostic surveillance program for the H5/H7 subtypes of avian influenza in which the number of birds tested is equivalent to the number required in [paragraph (a)(1)(i)](#a-1-i) of this section and that is approved by the Official State Agency and the Service.
  - (2) **Table-egg layer flocks.** This program is intended to be the basis from which the table-egg layer industry may conduct a program to monitor for the H5/H7 subtypes of avian influenza. It is intended to determine the presence of the H5/H7 subtypes of avian influenza in table-egg layer through routine surveillance of each participating commercial table-egg layer flock. A flock will qualify for this classification when the Official State Agency determines that it has met the following requirements:
    - (i) It is a commercial table-egg layer flock in which a minimum of 11 birds have been tested negative to the H5/H7 subtypes of avian influenza as provided in [§ 146.13(b)](/cfr/9/146.13.md?p=b) within 21 days prior to disposal; and either
    - (ii) It is a commercial table-egg layer flock in which a minimum of 11 birds have been tested negative for the H5/H7 subtypes of avian influenza as provided in [§ 146.13(b)](/cfr/9/146.13.md?p=b) within a 12-month period; or
    - (iii) It is a commercial table-egg layer flock that has an ongoing active and diagnostic surveillance program for the H5/H7 subtypes of avian influenza in which the number of birds tested is equivalent to the number required in [paragraph (a)(2)(i)](#a-2-i) or [paragraph (a)(2)(ii)](#a-2-ii) of this section and that is approved by the Official State Agency and the Service.
- (b) [Reserved]

## Notes

### Amendments

[71 FR 56328, Sept. 26, 2006, as amended at 76 FR 15796, Mar. 22, 2011; 79 FR 38765, July 9, 2014; 79 FR 71624, Dec. 3, 2014; 83 FR 28355, June 19, 2018]

### Authority

Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

### Source

Source: 71 FR 56328, Sept. 26, 2006, unless otherwise noted.

### Amendments

[71 FR 56328, Sept. 26, 2006, as amended at 76 FR 15796, Mar. 22, 2011; 79 FR 38765, July 9, 2014; 79 FR 71624, Dec. 3, 2014; 83 FR 28355, June 19, 2018]