The Animal and Plant Health Inspection Service has proposed cutting, from 90 days to 28 days, the waiting period foreign regions must observe before they can again export live birds and other avian commodities to the United States after a highly pathogenic avian influenza (HPAI) event. APHIS published the proposed rule in the Federal Register on Sept. 24, 2026, under docket APHIS-2023-0069.
What would change
Under current APHIS regulations, live birds and other avian commodities may not have been exposed to HPAI, or come from premises quarantined for HPAI, within the 90 days immediately before export to the United States. The proposed rule says APHIS is “proposing to reduce this timeframe to 28 days preceding export to the United States.”
The proposal says the change would cover live birds — pet, commercial, zoological and research birds — live poultry and hatching eggs, and carcasses, meat, parts, products and eggs (other than hatching eggs) of poultry, game birds and other birds. It also applies to the APHIS-defined European Poultry Trade Region, where a restricted zone tied to HPAI would last until the designation is removed by the competent veterinary authority of the country or until 28 days following depopulation of the poultry on affected premises in the restricted zone and the cleaning and disinfection of the last affected premises in the zone, whichever is later. The proposal would amend 9 CFR sections 93.101, 93.104, 93.201, 93.205, 93.207, 94.6 and 94.28.
What stays the same
The proposal does not touch the 90-day window that applies to Newcastle disease and other communicable diseases of poultry: the other-disease windows stay at 90 days in the live-bird and poultry provisions, and section 94.28 keeps 90 days for Newcastle disease. APHIS also is not proposing changes to H5 or H7 vaccination requirements, residency requirements, or packaging and sanitation requirements. The rule’s live-bird exception continues to exclude ratites.
Why APHIS says it is proposing the change
The proposal says the change “is necessary to align APHIS regulations with international standards regarding HPAI transmission.” The existing 90-day period traces to the 2004 edition of the Terrestrial Animal Health Code issued by the World Organisation for Animal Health (WOAH). The rule says WOAH’s Scientific Commission on Animal Diseases later found “the incubation period for HPAI was shorter than previously believed: 14 days as opposed to the previous 21-day period,” and concluded the minimum recovery period for regaining HPAI-free status “could be reduced from 90 to 28 days (i.e., two flock-level incubation periods).” WOAH revised its code accordingly in May 2021.
APHIS says the United States has already applied a 28-day standard on a limited basis: “In 2022, in response to a specific request, APHIS entered into an import protocol with Canada to adopt this 28-day period … on a provisional basis and pending future rulemaking.” The proposed rule would make that 28-day period generally applicable to all foreign regions, not just Canada. The rule text does not cite any specific 2026 outbreak as the reason for the proposal; APHIS frames it as bringing U.S. regulations in line with an international standard already adopted elsewhere.
The numbers
The proposed rule puts the U.S. poultry sector’s value at that figure: it says the sector is “valued at $81.7 billion in 2025,” citing USDA’s National Agricultural Statistics Service. APHIS estimates that more timely access to imported eggs from the European Poultry Trading Region specifically “could yield benefits of $1.1 million to $4.4 million annually.” The proposal’s economic analysis does not estimate any effect on U.S. consumer prices; its only benefit estimate is the $1.1 million to $4.4 million a year for egg imports from the European Poultry Trade Region. On the broader question of cost to small businesses, APHIS’s initial regulatory flexibility analysis says “there is no reason to conclude that adoption of this proposed rule would result in any significant economic effect on a substantial number of small entities,” while acknowledging it lacks complete data and is inviting public comment on the point. The proposal has been determined “not significant” for purposes of Executive Order 12866 and therefore was not reviewed by the Office of Management and Budget, according to the rule text.
What happens next
The rule was signed Sept. 17, 2026, by Kelly Moore, APHIS Administrator, and filed Sept. 23. It is a proposal only — none of the changes take effect unless and until APHIS publishes a final rule. APHIS says it “will consider all comments that we receive on or before November 23, 2026.” Comments can be submitted through the Federal eRulemaking Portal at regulations.gov under docket APHIS-2023-0069, or by mail to APHIS, as the notice describes. Supporting documents, including APHIS’s initial regulatory flexibility analysis, are posted in the same docket.