(1) PARTICIPATION IN PROGRAM. The department may promulgate rules to require that any of the following originate from a flock of a person participating in the national poultry improvement plan under 9 CFR part 145:
(a) Poultry, including their eggs, that are used for breeding purposes.
(b) Farm-raised game birds, including their eggs, that are used for breeding purposes.
(2) FEES. The department shall promulgate a rule to set any fee that it imposes on a person for participation in the national poultry improvement plan.