[Federal Register Volume 69, Number 191 (Monday, October 4, 2004)]
[Rules and Regulations]
[Pages 59144-59145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22258]



Centers for Disease Control and Prevention

42 CFR Part 71

Foreign Quarantine

AGENCY: Centers for Disease Control and Prevention (CDC), Department of 
Health and Human Services (HHS).

ACTION: Amendment of February 4, 2004, order to embargo bird and bird 
products imported from Malaysia.


SUMMARY: On February 4, 2004, the Centers for Disease Control and 
Prevention (CDC) issued an order immediately banning the import of all 
birds (Class: Aves) from specified Southeast Asian countries, subject 
to limited exemptions for pet birds and certain bird-derived products. 
CDC took this step because birds from these countries potentially can 
infect humans with avian influenza (Influenza A (H5N1)). The February 4 
order complemented a similar action taken by the U.S. Department of 
Agriculture (USDA), Animal and Plant Health

[[Page 59145]]

Inspection Service (APHIS). On March 10, 2004, CDC lifted the embargo 
of birds and bird products from Hong Kong Special Administrative Region 
because of the documented public health and animal health measures 
taken by Hong Kong officials to prevent spread of the outbreak within 
Hong Kong and the absence of avian influenza cases in Hong Kong's 
domestic and wild bird populations. APHIS took a similar action. CDC 
and APHIS are now imposing an embargo on birds and bird products from 
Malaysia because of the documented cases of Influenza A (H5N1) in 
poultry in Malaysia. All other portions of the February 4, 2004, order 
and March 10, 2004, amendment remain in effect until further notice.

DATES: This action is effective on September 28, 2004 and will remain 
in effect until further notice.

FOR FURTHER INFORMATION CONTACT: Paul Arguin, National Center for 
Infectious Diseases, Centers for Disease Control and Prevention, 
Mailstop C-14, 1600 Clifton Road, Atlanta, GA 30330, telephone, 404-



    On August 19, 2004, the Office of International Epizootics (OIE), 
an international organization that reports the occurrence of animal 
diseases detected worldwide, listed Malaysia among the countries in 
which an outbreak of avian influenza was occurring. According to the 
OIE emergency report, there was a laboratory-confirmed report of H5N1 
influenza virus on one farm in Malaysia at Kelantan State, Tumpat 
district, Pasir Pekan village. The initial flock of village chickens 
consisted of 60 birds of mixed ages, reared free range. Within a 1-km 
radius of the affected flock there are another 103 village chickens, 62 
birds of mixed species and 8 ducks (173 birds total). On September 9, 
2004, OIE reported a second laboratory-confirmed occurrence of H5N1 
influenza in a flock of birds located in an area 5 kilometers from the 
previously infected flock. The susceptible avian population within the 
village included 1,608 chickens, 68 bantam chickens, 4 turkeys, 93 
ducks, 9 geese, 60 quail, and 193 other species (2,035 birds total).
    The government of Malaysia has instituted a number of control 
measures, including depopulation of poultry and birds within a one-
kilometer radius of the infective flock; quarantine and clinical 
surveillance within a 10-kilometer radius of the inflected flock; and 
restrictions on the movement of birds and their products to other 
states within Malaysia.
    Introduction of influenza A (H5N1)-infected birds into the United 
States could lead to outbreaks of disease in the human population, a 
significant public health threat. Banning the importation of all avian 
species from affected countries, including Malaysia, is an effective 
means of limiting this threat. CDC is therefore taking this action to 
reduce the chance of introduction or spread of influenza A (H5N1).

Immediate Action

    Therefore, pursuant to 42 CFR 71.32(b), the February 4, 2004, order 
is amended to add Malaysia to the list of countries subject to that 
order's embargo of birds and products derived from birds (including 
hatching eggs). All other portions of the February 4, 2004 order (69 FR 
7165, Feb. 13, 2004) and the March 10, 2004 amendment (69 FR 12975, 
Mar. 19, 2004) shall remain in effect until further notice.

Julie Louise Gerberding,
Director, Centers for Disease Control and Prevention.
[FR Doc. 04-22258 Filed 10-1-04; 8:45 am]