The U.S. Department of Agriculture is proposing a major change to rules governing when foreign poultry and other avian products can resume entering the United States following an outbreak of highly pathogenic avian influenza, commonly known as HPAI or bird flu.
Under a proposed rule published in the Federal Register on September 24, 2026, the USDA’s Animal and Plant Health Inspection Service would reduce the current waiting period from 90 days to 28 days for certain live birds and avian commodities following an HPAI outbreak. The change would apply to products including poultry meat, carcasses, parts, products and eggs covered by the regulations.
The USDA’s Animal and Plant Health Inspection Service says the proposal reflects updated scientific evidence and international animal-health standards rather than a relaxation of protections without a scientific basis.
Why USDA Wants to Cut the Waiting Period
The existing regulations generally prohibit certain birds and avian commodities from entering the United States when they have been exposed to HPAI or originated from quarantined premises during the 90 days before export.
That 90-day period was based partly on older assumptions about how long the disease’s incubation and recovery periods needed to be.
According to APHIS, the World Organisation for Animal Health’s Scientific Commission on Animal Diseases reviewed available evidence and concluded that the flock-level incubation period for HPAI is 14 days rather than the previously accepted 21 days. That led to a new international standard using a 28-day recovery period, representing two flock-level incubation periods.
The World Organisation for Animal Health revised its Terrestrial Animal Health Code in May 2021 to reflect the shorter period. USDA is now proposing to bring U.S. import regulations in line with that standard.
What the Change Could Mean for Poultry Trade
Reducing the waiting period doesn’t mean poultry imports from an affected region could immediately resume following an HPAI outbreak. The proposal would instead shorten the applicable regulatory window from 90 days to 28 days when the necessary disease-control conditions have been satisfied.
APHIS says its economic analysis indicates that adopting the updated standard could reduce trade disruptions and produce benefits across the poultry supply chain, including for producers, processors and consumers.
That’s potentially significant because HPAI has caused major disruptions to poultry production and trade in recent years. According to APHIS’s current avian influenza information, HPAI can kill entire domestic poultry flocks within days, and the agency maintains import restrictions on poultry and poultry products from countries and regions affected by avian influenza.
USDA also says more than 166 million U.S. birds have been affected by HPAI since the current outbreak began, underscoring the scale of the continuing animal-health threat.
For grocery shoppers, however, the proposed rule shouldn’t be interpreted as a promise that chicken or egg prices will fall. Retail food prices depend on numerous factors, including domestic flock losses, feed and transportation costs, production levels, consumer demand and international trade. A shorter import waiting period could reduce one source of supply-chain disruption, but its eventual effect on supermarket prices is uncertain.
This Isn’t a Final Rule Yet
Consumers and poultry producers should also understand that nothing changes immediately.
This is a proposed rule, meaning USDA is seeking public feedback before deciding whether to finalize the change.
APHIS is accepting comments for 60 days following the proposal’s September 24 publication in the Federal Register. Comments can be submitted through Regulations.gov by searching for Docket No. APHIS-2023-0069.
The agency says the proposed 28-day standard would continue to provide safeguards against introducing HPAI into the United States while allowing foreign regions that meet the requirements to resume exporting affected birds and avian commodities sooner.
Until a final rule is issued and takes effect, the existing regulations remain in place.
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