LIS

Administrative Code

Virginia Administrative Code
12/9/2024

2VAC5-150-180. Primary enclosures used to transport birds.

Birds subject to this chapter shall be transported in a primary enclosure that shall be constructed in such a manner that:

1. The structural strength of the enclosure is sufficient to contain the birds and to withstand the normal rigors of transporting:

2. The interior of the enclosure is free from any protrusions that could be injurious to the birds contained therein;

3. The openings of such enclosures are easily accessible at all times for emergency removal of the birds;

4. Apertures are sufficient to provide for proper ventilation and normal breathing;

5. Projecting rims or other devices are on those faces of the outside walls that contain ventilation openings to prevent obstruction of those openings and to provide a minimum air circulation space of 0.75 inches between the primary enclosure and any adjacent cargo or conveyance wall; except that when a primary enclosure is permanently affixed within the animal cargo space of the primary conveyance and the front opening is the only source of ventilation this opening shall:

a. Be constructed so as to open directly to the outside or to an unobstructed aisle or passageway within the primary conveyance;

b. Be at least 90% of the total surface area of the front wall of the primary enclosure; and

c. Be covered with bars, wire mesh, or smooth expanded metal;

6. Portable primary enclosures shall be equipped with adequate handholds on the exterior of the primary enclosure, placed in such a manner that the portable primary enclosure can be lifted and handled without tilting and so that the person handling the portable primary enclosure will not be in contact with the birds;

7. Be large enough to ensure that each bird contained therein has sufficient space to turn about freely in a standing position using normal body movements and to perch comfortably; however, certain species may be restricted in their movements according to professionally acceptable standards when such freedom of movement would constitute a danger to the animals, their handlers, or other persons;

8. Have solid bottoms to prevent leakage in shipments;

9. Allow excreta to be absorbed, covered or separated from the birds by use of a wire mesh flooring above the solid floor or of a clean litter that is safe and nontoxic to the birds, except where these methods pose a threat to the safety of the birds;

10. Be clearly marked on top and on one or more sides with the words "Live Animal" or "Wild Animal," whichever is appropriate, in letters not less than 2.5 centimeters (1 inch) in height, and with arrows or other markings to indicate the correct upright position of the container, except that this shall not apply to primary conveyances which are used as primary enclosures, or to primary enclosures which are permanently affixed within the primary conveyance;

11. Be cleaned and sanitized after each use; and

12. Contain only birds:

a. Of the same species, with the exception that some species of birds may travel together, according to professionally accepted standards; and

b. In compatible groups.

Statutory Authority

§ 3.2-6501 of the Code of Virginia.

Historical Notes

Derived from VR115-02-13 § 4.1, eff. May 13, 1987.

2VAC5-150-190. Primary conveyances.

Primary conveyances used in transporting birds shall meet the following provisions:

1. The cargo space of primary conveyances used in transporting birds shall be constructed to protect their health and ensure their safety and comfort;

2. The cargo space shall be constructed and maintained in a manner to prevent the ingress of engine exhaust fumes and gases from the primary conveyance during transport;

3. The cargo space shall have a supply of air sufficient for normal breathing for each bird contained therein, and the primary enclosure shall be positioned in such a manner that each bird has access to sufficient air for normal breathing;

4. Temperatures in primary conveyances shall not exceed 75°F for more than 45 minutes without supplemental ventilation through natural or automatic ventilation or air conditioning nor fall below 45°F without auxiliary heat, unless the birds are accompanied by a certificate of acclimation to lower temperatures signed by an accredited veterinarian, or unless the well-being of the confined bird mandates temperature maintenance above this range;

5. Primary enclosures containing birds shall be positioned in the primary conveyance in such a manner that in an emergency the birds can be removed;

6. The interior of the animal cargo space shall be kept clean;

7. Birds shall not be transported with any material, substance, or device in such a way that can injure their health or well-being; and

8. Vehicles used to carry birds shall be enclosed; including but not limited to, vans, station wagons, and pick-up trucks equipped with camper shells; so that:

a. All sides and top are covered;

b. Adequate ventilation is assured by the use of screens or ventilation systems;

c. The vehicle is insulated to provide protection from weather extremes or has an automatic heating/cooling system.

Statutory Authority

§ 3.2-6501 of the Code of Virginia.

Historical Notes

Derived from VR115-02-13 § 4.2, eff. May 13, 1987.

2VAC5-150-200. Terminal facilities.

An animal holding area of a terminal facility of any carrier or intermediate handler shall:

1. Not commingle shipments of birds with inanimate cargo;

2. Be cleaned and sanitized often enough to prevent an accumulation of debris or excreta to minimize vermin infestation and to prevent a disease hazard;

3. Have in use an effective program for the control of insects, ectoparasites, and avian pests;

4. Be provided with fresh air by means of windows, doors, vents, or air conditioning and shall be ventilated or have air circulated by means of fans, blowers, or an air conditioning system so as to minimize drafts, odors, and moisture condensation;

5. Maintain temperature between 45°F and 85°F at all times, unless the birds are accompanied by a certificate of acclimation to lower temperatures signed by an accredited veterinarian not more than 10 days prior to shipment or unless the well-being of the confined bird mandates temperature maintenance above this range.

6. Use auxiliary ventilation such as exhaust fans, vents, fans, blower or air conditioning when the air temperature is above 75°F.

Statutory Authority

§ 3.2-6501 of the Code of Virginia.

Historical Notes

Derived from VR115-02-13 § 4.3, eff. May 13, 1987.

2VAC5-150-210. Food and water requirements.

Adequate food and water shall be provided for in that:

1. Any individual, dealer, exhibitor, pet shop or operator of an auction sale offering any live birds to any carrier or intermediate handler for transportation, in commerce, or any dealer, exhibitor, pet shop or operator of an auction sale transporting such animals in their own primary conveyance, if such transport shall be longer than two hours, shall provide an adequate supply of food and water or an alternate source of moisture within the primary enclosure to meet the requirements of such birds except that this may be inappropriate for some birds according to professionally accepted standards.

2. No carrier or intermediate handler may accept any bird for transportation unless the above provision appropriate for the species of bird being transported has been met.

Statutory Authority

§ 3.2-6501 of the Code of Virginia.

Historical Notes

Derived from VR115-02-13 § 4.4, eff. May 13, 1987.

2VAC5-150-220. Care in transit.

During transit it shall be the responsibility of the driver, carrier, or other employee to:

1. Visually observe the birds as frequently as circumstances may dictate but not less than once every four hours during surface and air transit, except that where the animal cargo space is not accessible during flight, the animals shall be observed during loading and unloading and whenever the cargo space is otherwise accessible;

2. Assure that the birds are receiving sufficient air for normal breathing;

3. Assure that the ambient temperature around the birds is between prescribed limits;

4. Assure that additional ventilation is provided if temperatures are above 75°F, unless the well-being of the birds mandates temperature maintenance above this range;

5. Determine whether any of the birds are in obvious physical distress;

6. Provide any needed veterinary care as soon as possible; and

7. Assure that birds not be removed from their primary enclosures unless placed in other primary enclosures or facilities conforming to these recommended standards.

Statutory Authority

§ 3.2-6501 of the Code of Virginia.

Historical Notes

Derived from VR115-02-13 § 4.5, eff. May 13, 1987.

2VAC5-150-230. Handling.

Carriers and intermediate handlers, in moving birds to or from the primary conveyance and animal holding area of the terminal facility, shall:

1. Move the birds as expeditiously as possible;

2. Provide sufficient shade to protect birds from the direct rays of the sun and ensure that such birds shall not be subjected to surrounding air temperatures which exceed 85°F for a period of more than 45 minutes, unless the well-being of the confined bird mandates temperature maintenance above this range;

3. Provide covered transporting devices to protect the birds when the outdoor air temperature falls below 50°F, and ensure that such birds shall not be subjected to surrounding air temperatures which fall below 45°F for a period of more than 45 minutes unless the animals are accompanied by a certificate of acclimation to lower temperatures signed by an accredited veterinarian not more than 10 days prior to shipment;

4. Provide shelter from precipitation sufficient to allow birds to remain dry;

5. Avoid handling of the primary enclosure in such a manner that may cause physical or emotional trauma to the birds contained therein; and

6. Not toss, drop or needlessly tilt primary enclosures nor stack them in a manner which may result in their falling.

Statutory Authority

§ 3.2-6501 of the Code of Virginia.

Historical Notes

Derived from VR115-02-13 § 4.6, eff. May 13, 1987.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.