15.11.11.04

.04 Permits.

A. Activities Requiring Permit. A person shall have a numbered annual permit from the Secretary before doing the following:

(1) Distributing, offering for sale, or selling:

(a) Hatching eggs, or

(b) Poultry, unless the poultry are being moved for immediate slaughter to an official establishment; and

(2) Operating a hatchery.

B. Requirements. A person who holds a permit under this regulation shall:

(1) Only distribute, offer for sale, or sell:

(a) Hatching eggs and poultry that are derived immediately from flocks and hatcheries participating in the NPIP or equivalent program,

(b) Poultry used for producing eggs for human consumption, that meet the standards of Regulation .05A, and

(c) Hatching eggs, if the eggs are for raising chickens to produce eggs for human consumption, that are derived from parent flocks that meet the standards of Regulation .05A;

(2) Use the required permit number on each invoice, NPIP Form 15, or similar certificate;

(3) Comply with the following record-keeping requirements:

(a) Except for birds being shipped for immediate slaughter, record the number, breed, variety of poultry or hatching eggs purchased and sold, date of transaction, and name and address of source (for example, seller) and destination (for example, buyer), and

(b) Retain these records for 12 months from the date of the transaction;

(4) Allow the Department's representative to inspect:

(a) Those records required to be maintained under §B(3)(a), and

(b) All hatcheries, equipment, and facilities used for poultry;

(5) Maintain all hatcheries, equipment, and facilities used for poultry or hatching eggs, including auction and sales barns, in a sanitary condition in conformity with NPIP regulations; and

(6) Post the required permit in a conspicuous place on the permitted premises.

C. Application, Duration, and Renewal.

(1) Before the Department may issue a permit to a person, the person shall:

(a) Apply for a permit on a form supplied by the Department; and

(b) Permit the Department to inspect:

(i) Those records that indicate the number, breed, and variety of poultry or hatching eggs that the applicant has, the person from whom they were obtained, and the date of that transaction, and

(ii) All hatcheries, equipment, and facilities used for poultry or hatching eggs.

(2) The Department may not issue a permit to a person until it has determined that:

(a) The eggs and poultry that the person has meet the requirements of §B(1), for distributing, offering for sale, or selling these items; and

(b) All hatcheries, equipment, and facilities used for poultry or hatching eggs are in a sanitary condition in conformity with NPIP regulations.

(3) Unless revoked, a permit is effective until December 31 of the year that it was issued.

(4) To renew a permit, a person shall follow the same procedures outlined in §C(1).