NCC on Monday submitted comments to USDA’s Animal and Plant Health Inspection Service (APHIS) expressing concerns about the agency’s Interim Final Rule: “Payment of Indemnity and Compensation for Highly Pathogenic Avian Influenza.” NCC noted that our members have been significantly impacted by the rule since its publication on December 31, 2024, and urged the agency to consider delaying further implementation to make the necessary updates to the audit tool, provide additional education for auditors to encourage a level playing field, and to reconsider how the results of this audit are linked to indemnification.
In March 2024, NCC submitted extensive comments to the Agency with the hopes that industry feedback would be helpful in the success of the audit. Unfortunately, the industry’s input was largely ignored, which we believe has led to significant challenges in implementing the audit program, to the detriment of broiler companies and hard-working chicken farmers. Overarching comments NCC submitted to APHIS in March 2024 included the following – most of which still remain relevant today:
- This should be a risk-based audit.
- Implementation, intended use, and impacts of noncompliance need to be clearly defined.
- Beta testing of the audit is critical for its success. We encourage the Agency to provide the industry with ample time to make sure that this audit meets the intent and is not
overly burdensome to industry and/or the auditor. - As it is written today, the length and scope of the audit is unworkable.
- We are uncertain if the audit requires 100% compliance to pass.
- How will APHIS link the results of this audit to indemnification and how will this be communicated?
- Who will serve as auditors and what familiarity will they have with the industry and the audit tool itself? How will these individuals be trained?
- Throughout, the audit should provide instructions to the auditor on how to audit each point.
- Only parameters directly linked to biosecurity should be included in the audit.
- There are significant differences among various raising practices and specific facilities for broilers, turkeys, and layers, which should be recognized in the audit.
“Because of the rushed implementation timeline, we believe that the audit has put an unnecessary burden on industry, has caused disruptions in continuity of business, and conveyed a competitive advantage/disadvantage to some companies depending on the auditor,” wrote Ashley Peterson, Ph.D., NCC senior vice president of scientific and regulatory affairs. “Some companies have been forced by APHIS to revise parameters of their existing biosecurity programs, which we believe is outside the scope of the IFR and which will not aid in the eradication of HPAI from the United States. Finally, there are some parameters in the audit that are outside of the grower and/or company’s control, which we believe should be revisited. To align with the current Administration’s priorities, we believe that the intent of this IFR should be revisited, and we stand committed to aid in this process.”
NCC comments can be read in their entirety by clicking here.
