Importation of Certain Animals, Birds, Fish, and Poultry, and certain Animal, Bird, and Poultry Products, Requirements for Means of Conveyance and Shipping Containers (9 CFR 93.100-93.906)

408 9 CFR Ch. I (1–1–18 Edition) § 92.7 plants and feed mills that process ru minant material. (b) After conducting its evaluation, APHIS will announce in the FEDERAL REGISTER for public comment the date APHIS considers to be the date of ef fective enforcement of a ruminant-to ruminant feed ban in the requesting re gion, and will make available to the public the evaluation conducted by APHIS, as well as the supporting docu mentation. Following review of any comments received, the Administrator will announce his or her final deter mination in the FEDERAL REGISTER, along with a discussion of and response to pertinent issues raised by com menters. § 92.7 Incorporation by reference. (a) Certain material is incorporated by reference into this part with the ap proval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this sec tion, USDA must publish notice of change in the FEDERAL REGISTER and the material must be available to the public. All approved material is avail able for inspection at the Animal and Plant Health Inspection Service (APHIS), and is available from the sources listed below. For information about the availability of this material at APHIS, call 301–851–3300 or write to National Import Export Services, 4700 River Road Unit 38, Riverdale, MD 20737. It is also available for inspection at the National Archives and Records Administration (NARA). For informa tion on the availability of this mate rial at NARA, call 202-741-6030 or go to http://www.archives.gov/federallregister/ codeloflfederallregulations/ ibrllocations.html. (b) World Organization for Animal Health (OIE), 12, rue de Prony 75017 Paris, France, or email oie@oie.int, http://www.oie.int/eng/normes/Mcode/ enlsommaire.htm. (1) Terrestrial Animal Health Code, Chapter 11.5–Bovine Spongiform Encephalopathy, Article 11.5.22 (Sur veillance activities), 22nd Edition, 2013. (2) [Reserved] (Approved by the Office of Management and Budget under control number 0579–0393) PART 93—IMPORTATION OF CER TAIN ANIMALS, BIRDS, FISH, AND POULTRY, AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS OF CONVEYANCE AND SHIPPING CONTAINERS Subpart A—Birds Sec. 93.100 Definitions. 93.101 General prohibitions; exceptions. 93.102 Ports designated for the importation of birds. 93.103 Import permits for birds; and reserva tion fees for space at quarantine facili ties maintained by APHIS. 93.104 Certificates for pet birds, commercial birds, zoological birds, and research birds. 93.105 Inspection at the port of entry. 93.106 Quarantine requirements. CANADA 93.107 Special provisions. Subpart B—Poultry 93.200 Definitions. 93.201 General prohibitions; exceptions. 93.202 Inspection of certain aircraft and other means of conveyance and shipping containers thereon; unloading, cleaning, and disinfection requirements. 93.203 Ports designated for the importation of poultry. 93.204 Import permits for poultry and for poultry test specimens for diagnostic purposes; and reservation fees for space at quarantine facilities maintained by APHIS. 93.205 Certificate for live poultry and hatch ing eggs. 93.206 Declaration and other documents for poultry. 93.207 Inspection at the port of entry. 93.208 Articles accompanying poultry. 93.209 Quarantine requirements. 93.210 Poultry quarantine facilities. 93.211 Quarantine stations, visiting re stricted; sales prohibited. 93.212 Manure from quarantined poultry. 93.213 Appearance of disease among poultry in quarantine. CANADA 93.214 Import permit and declaration for poultry. 93.215 Special provisions. 93.216 Poultry from Canada. CENTRAL AMERICA AND THE WEST INDIES 93.217 Import permit and declaration for poultry. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00418 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 409 Animal and Plant Health Inspection Service, USDA Pt. 93 MEXICO 93.218 Import permits and applications for inspection for poultry. 93.219 Declaration for poultry. 93.220 Inspection at port of entry. Subpart C—Horses 93.300 Definitions. 93.301 General prohibitions; exceptions. 93.302 Inspection of certain aircraft and other means of conveyance and shipping containers thereon; unloading, cleaning, and disinfection requirements. 93.303 Ports designated for the importation of horses. 93.304 Import permits for horses from re gions affected with CEM and for horse specimens for diagnostic purposes; res ervation fees for space at quarantine fa cilities maintained by APHIS. 93.305 Declaration and other documents for horses. 93.306 Inspection at the port of entry. 93.307 Articles accompanying horses. 93.308 Quarantine requirements. 93.309 Horse quarantine facilities; payment information. 93.310 Quarantine stations, visiting re stricted; sales prohibited. 93.311 Milk from quarantined horses. 93.312 Manure from quarantined horses. 93.313 Appearance of disease among horses in quarantine. 93.314 Horses, certification, and accom panying equipment. CANADA 93.315 Import permit and declaration for horses. 93.316 Horses from Canada for immediate slaughter. 93.317 Horses from Canada. 93.318 Special provisions. CENTRAL AMERICA AND WEST INDIES 93.319 Import permit and declaration for horses. 93.320 Horses from Central America and the West Indies. MEXICO 93.321 Import permits and applications for inspection for horses. 93.322 Declaration for horses. 93.323 Inspection. 93.324 Detention for quarantine. 93.325 Horses from Mexico. 93.326 Horses for immediate slaughter. Subpart D—Ruminants 93.400 Definitions. 93.401 General prohibitions; exceptions. 93.402 Inspection of certain aircraft and other means of conveyance and shipping containers thereon; unloading, cleaning, and disinfection requirements. 93.403 Ports designated for the importation of ruminants. 93.404 Import permits for ruminants and for ruminant test specimens for diagnostic purposes; and reservation fees for space at quarantine facilities maintained by APHIS. 93.405 Health certificate for ruminants. 93.406 Diagnostic tests. 93.407 Declaration and other documents for ruminants. 93.408 Inspection at the port of entry. 93.409 Articles accompanying ruminants. 93.410 Movement from conveyances to quar antine station. 93.411 Quarantine requirements. 93.412 Ruminant quarantine facilities. 93.413 Quarantine stations, visiting re stricted; sales prohibited. 93.414 Milk from quarantined ruminants. 93.415 Manure from quarantined ruminants. 93.416 Appearance of disease among ruminants in quarantine. CANADA 93.417 Import permit and declaration for ruminants. 93.418 Cattle and other bovines from Can ada. 93.419 Sheep and goats from Canada. 93.420 Ruminants from Canada for imme diate slaughter other than sheep and goats. 93.421 Special provisions. CENTRAL AMERICA AND WEST INDIES 93.422 Import permit and declaration for ruminants. 93.423 Ruminants from Central America and the West Indies. MEXICO 93.424 Import permits and applications for inspection of ruminants. 93.425 Declaration for ruminants. 93.426 Inspection at port of entry. 93.427 Cattle and other bovines from Mex ico. 93.428 Sheep and goats and wild ruminants from Mexico. 93.429 Ruminants for immediate slaughter. ADDITIONAL GENERAL PROVISIONS 93.430–93.431 [Reserved] 93.432 Cattle and other bovines from the Re public of Ireland. 93.433–93.434 [Reserved] 93.435 Sheep and goats. 93.436 Bovines from regions of negligible risk, controlled risk, and undetermined risk for BSE. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00419 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 410 9 CFR Ch. I (1–1–18 Edition) § 93.100 Subpart E—Swine 93.500 Definitions. 93.501 General prohibitions; exceptions. 93.502 Inspection of certain aircraft and other means of conveyance and shipping containers thereon; unloading, cleaning, and disinfection requirements. 93.503 Ports designated for the importation of swine. 93.504 Import permits for swine and for swine specimens for diagnostic purposes; and reservation fees for space at quar antine facilities maintained by APHIS. 93.505 Certificate for swine. 93.506 Declaration and other documents for swine. 93.507 Inspection at the port of entry. 93.508 Articles accompanying swine. 93.509 Movement from conveyances to quar antine station. 93.510 Quarantine requirements. 93.511 Swine quarantine facilities. 93.512 Quarantine stations, visiting re stricted; sales prohibited. 93.513 Milk from quarantined swine. 93.514 Manure from quarantined swine. 93.515 Appearance of disease among swine in quarantine. CANADA 93.516 Import permit and declaration for swine. 93.517 Swine from Canada. 93.518 Swine from Canada for immediate slaughter. 93.519 Special provisions. CENTRAL AMERICA AND WEST INDIES 93.520 Import permit and declaration for swine. MEXICO 93.521 Declaration for swine. Subpart F—Dogs 93.600 Importation of dogs. Subpart G—Miscellaneous Animals 93.700 Definitions. 93.701 Prohibitions. 93.702 Restrictions. 93.703 Ports designated for importation. 93.704 Import permit. 93.705 Health certificate. 93.706 Notification of arrival. 93.707 Inspection at the port of first arrival. Subpart H—Elephants, Hippopotami, Rhinoceroses, and Tapirs 93.800 Definitions. 93.801 Prohibitions. 93.802 Import permit. 93.803 Health certificate. 93.804 Declaration upon arrival. 93.805 Ports of entry, inspection, and treat ment. 93.806 Animals refused entry. 93.807 Other importations. Subpart I—Aquatic Animal Species 93.900 Definitions. 93.901 General restrictions; exceptions. 93.902 Ports designated for the importation of live fish, fertilized eggs, and gametes. 93.903 Import permits for live fish, fertilized eggs, and gametes. 93.904 Health certificate for live fish, fer tilized eggs, and gametes. 93.905 Declaration and other documents for live fish, fertilized eggs, and gametes. 93.906 Inspection at the port of entry. AUTHORITY: 7 U.S.C. 1622 and 8301–8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4. SOURCE: 55 FR 31495, Aug. 2, 1990, unless otherwise noted. Redesignated at 62 FR 56012, Oct. 28, 1997. Subpart A—Birds § 93.100 Definitions. Wherever in this subpart the fol lowing terms are used, unless the con text otherwise requires, they shall be construed, respectively, to mean: Administrator. The Administrator of the Animal and Plant Health Inspec tion Service or any other employee of the Animal and Plant Health Inspec tion Service, United States Depart ment of Agriculture, to whom author ity has been or may be delegated to act in the Administrator’s stead. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS or Service.) Animals. Cattle, sheep, goats, other ruminants, swine, horses, asses, mules, zebras, dogs, and poultry. APHIS representative. A veterinarian or other individual employed by the Animal and Plant Health Inspection Service, United States Department of Agriculture, who is authorized to per form the services required by this part. Birds. All members of the class aves (including eggs for hatching), other than poultry. Commercial birds. Birds which are im ported for resale, breeding, public dis play, or any other purpose, except pet VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00420 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 411 Animal and Plant Health Inspection Service, USDA ยง 93.100 birds, zoological birds, research birds, or performing or theatrical birds. Communicable disease. Any con tagious, infectious, or communicable disease of domestic livestock, poultry or other animals. Department. The United States De partment of Agriculture (USDA). Highly pathogenic avian influenza (HPAI). Highly pathogenic avian influ enza is defined as follows: (1) Any influenza virus that kills at least 75 percent of eight 4- to 6-week old susceptible chickens within 10 days following intravenous inoculation with 0.2 mL of a 1:10 dilution of a bacteria free, infectious allantoic fluid or inocu lation of 10 susceptible 4- to 8-week-old chickens resulting in an intravenous pathogenicity index (IVPI) of greater than 1.2; (2) Any H5 or H7 virus that does not meet the criteria in paragraph (1) of this definition, but has an amino acid sequence at the haemagglutinin cleav age site that is compatible with highly pathogenic avian influenza viruses; or (3) Any influenza virus that is not an H5 or H7 subtype and that kills one to five out of eight inoculated chickens and grows in cell culture in the absence of trypsin within 10 days. Inspector. An employee of the Animal and Plant Health Inspection Service authorized to perform duties required under this subpart. Licensed veterinarian. Any person li censed by any region or political sub division thereof to practice veterinary medicine. Pen-raised. Cared for in a fenced en closure, such that the ratites are kept apart from wild ratites, poultry, and other animals; can be readily observed, and be restrained for inspection and treatment. A flock is not considered to be pen-raised if ratites captured in the wild have been added to it after March 8, 1994. Performing or theatrical birds. Birds, except ratites, which are to be used in shows, theatrical acts or performances only. Persons. Any individual, corporation, company, association, firm, partner ship, society or joint stock company. Pet birds. Birds, except ratites, which are imported for the personal pleasure of their individual owners and are not intended for resale. Port Veterinarian. A veterinarian em ployed by the Animal and Plant Health Inspection Service to perform duties required under this part at a port of entry. Poultry. Chickens, doves, ducks, geese, grouse, guinea fowl, partridges, pea fowl, pheasants, pigeons, quail, swans, and turkeys (including eggs for hatching). Production season. That period of time, usually approximately 9 months each year, from the time ratites in a flock begin laying eggs until the ratites cease laying eggs. Quarantine facility. A USDA facility, or a private facility approved by APHIS, for the secure housing of im ported birds, poultry, or other animals for specified periods. Ratites. Cassowaries, emus, kiwis, os triches, and rheas. Region. Any defined geographic land area identifiable by geological, polit ical, or surveyed boundaries. A region may consist of any of the following: (1) A national entity (country); (2) Part of a national entity (zone, county, department, municipality, par ish, Province, State, etc.); (3) Parts of several national entities combined into an area; or (4) A group of national entities (coun tries) combined into a single area. Research birds. Birds which are to be used for research purposes only. Smuggled birds. Any bird which has been brought into the United States contrary to any Federal law or regula tion and which has been seized by any official of any Department of the United States Government or which has been abandoned to the United States. United States. All of the States of the United States, the District of Colum bia, Guam, Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and all other Territories and Possessions of the United States. Veterinary Services. The Veterinary Services unit of the Department. Zoological birds. Birds intended for breeding or public display, for rec reational or educational purposes, at a zoological park. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00421 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 412 9 CFR Ch. I (1–1–18 Edition) § 93.101 1 Importations of certain animals from var ious regions are absolutely prohibited under part 94 because of specified diseases. Zoological park. A professionally oper ated zoo, park, garden or other place, maintained under the constant surveil lance of a Doctor of Veterinary Medi cine, for the exhibition of live animals, pigeons or birds, for the purpose of pub lic recreation or education. [55 FR 31495, Aug. 2, 1990, as amended at 56 FR 31865, July 12, 1991; 59 FR 10732, Mar. 8, 1994; 59 FR 47068, Sept. 14, 1994. Redesignated and amended at 62 FR 56012, 56013, Oct. 28, 1997; 79 FR 71004, Dec. 1, 2014] § 93.101 General prohibitions; excep tions. (a) No product or bird subject to the provisions of this part shall be brought into the United States except in ac cordance with the regulations in this part and part 94 of this subchapter;1 nor shall any such product or bird be handled or moved after physical entry into the United States before final re lease from quarantine orany other form of governmental detention except in compliance with such regulations; Provided, That the Administrator may upon request in specific cases permit products or birds to be brought into or through the United States under such conditions as he or she may prescribe, when he or she determines in the spe cific case that such action will not en danger the livestock or poultry of the United States. Unless otherwise indi cated in the regulations, no live birds, and no hatching eggs from birds, shall be imported into the United States if the birds have originated from a region referenced in § 94.6(a) of this subchapter where highly pathogenic avian influ enza or Newcastle disease is known to exist in commercial poultry popu lations, have transited highly patho genic avian influenza- or Newcastle disease-affected regions, or have been vaccinated for the H5 or H7 subtype of avian influenza. (b)(1) Birds from Canada may be im ported in accordance with this section or, except for ratites in accordance with the provisions applicable to im portation of poultry from Canada as specified in §§ 93.205, 93.214, and 93.216 of this part. (2) Ratites and hatching eggs of ratites may be imported into the United States only in accordance with the provisions in this part that apply to commercial and zoological birds, and, where specified, with the provi sions that apply to ratites or hatching eggs of ratites. (3) Except for ratites imported as zo ological birds, and ratites and ratite hatching eggs imported from Canada in accordance with § 93.107, ratites and hatching eggs of ratites may not be im ported into the United States unless the following conditions are met: (i) The ratites or hatching eggs are produced by a pen-raised flock, and, in the case of ratites, maintained in a pen-raised flock; (ii) Each ratite produced in the flock is identified with an identification number by means of a microchip im planted at 1-day of age in the pipping muscle of ostriches and in the upper neck of other ratites, each ratite added from outside the flock is identified in like manner upon arrival in the flock, except that the microchip need not be implanted in the pipping muscle or the upper neck, and each ratite already in the flock as of March 8, 1994 is identi fied in like manner, prior to the next visit to the flock premises by an APHIS representative under § 93.103(a)(2)(iv), except that the microchip need not be implanted in the pipping muscle or the upper neck; (iii) On the date it is produced, each hatching egg produced in the flock is marked in indelible ink with the date of the production, and with identifica tion, assigned by the national govern ment of the region of export, of the premises and region from which the ratites or hatching eggs are intended for exportation; (iv) The owner or manager of the premises from which the ratites or hatching eggs are intended for impor tation into the United States main tains on a daily basis a register listing the following: (A) Number of live ratites hatched in the flock or added to the flock, and number of live ratites removed from the flock, and the microchip number for each of these ratites; VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00422 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 413 Animal and Plant Health Inspection Service, USDA § 93.101 2 Copies should be mailed to the Animal and Plant Health Inspection Service, Veteri nary Services, National Center for Import Export, 4700 River Road Unit 38, Riverdale, Maryland 20737–1231. (B) Number of eggs produced in the flock and date of production, and num ber of eggs removed from the flock and date of production; and (C) Number of eggs in incubator/ hatcher and date of production; (v) The owner or manager of the premises submits a copy of the reg isters to the National Veterinary Serv ice of the region of export on a quar terly basis. The region of export in turn submits a copy of the registers to the Administrator upon his or her re quest; 2 (vi) The region from which the ratites or hatching eggs are exported to the United States maintains a reg istry of premises that wish to export ratites or hatching eggs of ratites to the United States, that lists each ratite according to the microchip num ber required under paragraph (b)(3)(iv) of this section, and also maintains a count of hatching eggs of ratites pro duced on or added to the premises; (vii) Before a premises is added to the registry, either a veterinary officer of the national government of the region of export, or an employee of that gov ernment responsible for the protection of fish and wildlife, visits the premises and determines that all ratites and hatching eggs of ratites are identified as required under paragraphs (b)(3)(ii) and (b)(3)(iii) of this section. (viii) The region from which the ratites or hatching eggs of ratites are exported to the United States requires each premises from which ratites or hatching eggs of ratites are exported to the United States to receive approval from the National Veterinary Service of that region before ratites are added to the premises from outside the prem ises, and also prohibits the addition of ratites to a flock during production seasons; (ix) The region from which ratites or hatching eggs of ratites are exported to the United States establishes a max imum number of hatching eggs of ratites that may be produced on each premises over a set production season. The ceiling for each premises is cal culated jointly by a full-time salaried veterinary officer of the national gov ernment of the region of export and the APHIS representative who conducts the site visit required under § 93.103(a)(2)(iv), and is adjusted jointly by an APHIS representative and a full time salaried veterinary officer of the national government of the region of export according to changes in the number of laying hens in the flock; (x) The region of export conducts random inspections of each premises intending to export ratites or hatching eggs of ratites to the United States, at least twice during each production sea son, to ensure that all ratites and hatching eggs of ratites on the prem ises are identified as required under paragraphs (b)(3)(ii) and (b)(3)(iii) of this section. These inspections must be conducted by either a veterinary offi cer of the national government of the region of export or an employee of that government responsible for the protec tion of fish and wildlife. If any ratites or hatching eggs are not identified as required, the region of export must not issue the export certificate required under § 93.104(a). The region of export must record, on the copy of the report required to be sent to the Adminis trator under paragraph (b)(3)(v) of this section, whether all ratites and hatch ing eggs are identified as required; (xi) The region of export requires each premises on which ratites or hatching eggs of ratites intended for export to the United States are kept to submit to the National Veterinary Service of that region a copy of the certificate required under § 93.104(a); (xii) The person intending to import ratites into the United States provides the APHIS veterinary inspector at the intended port of entry with a reader ca pable of reading the microchip im planted in each of the ratites. (4) Ratites and hatching eggs of ratites may not be imported into the United States in any container that holds hay, straw, grasses, wood chips, sawdust, or other materials likely to harbor ectoparasites. Ratites and hatching eggs of ratites that are im ported into the United States in con tainers holding such materials will be refused entry. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00423 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 414 9 CFR Ch. I (1–1–18 Edition) § 93.101 (c)(1) Pet birds offered for entry from Canada and which are not known to be affected with or exposed to any com municable disease of poultry, which are caged (prior to release from the port of entry) and which are personal pets, may be imported by the owner thereof at any port of entry designated in §§ 93.103 or 93.203: Provided, That, such birds are found upon port of entry vet erinary inspection under § 93.105 to be free of poultry diseases and at the time of entry the owner signs and furnishes to the Administrator, a statement stating that the bird or birds have been in his or her possession for a minimum of 90 days preceding the date of impor tation and that during such time such birds have not been in contact with poultry or other birds (for example, as sociation with other avian species at exhibitions or in aviaries.) (2)(i) Except for pet birds that have been in any region where highly patho genic avian influenza exists, which are subject to the provisions of paragraph (c)(3) of this section, pet birds of United States origin that have not been outside the country for more than 60 days may be offered for entry under the provisions of paragraph (c)(1) of this section if: (A) The pet birds are accompanied by an import permit issued by APHIS: Provided, that an import permit will not be required for pet birds returning from Canada or Mexico through a land border port; and (B) The birds are also accompanied by a United States veterinary health certificate issued prior to the depar ture of the birds from the United States and the certificate shows the number from the leg band, tattoo, or microchip affixed to the birds prior to departure; and (C) During port of entry veterinary inspection it is determined that the number from the leg band, tattoo, or microchip on the bird is the same as the one listed on the health certificate. (ii) Except for pet birds that have been in any region where highly patho genic avian influenza exists, which are subject to the provisions of paragraph (c)(3) of this section, pet birds of United States origin that have been outside the country for more than 60 days may be imported by their owner if: (A) The pet birds are accompanied by an import permit issued by APHIS: Provided, that an import permit will not be required for pet birds returning from Canada or Mexico through a land border port; and (B) The pet birds are found upon port of entry veterinary inspection to be free of poultry diseases; and (C) The pet birds are accompanied by a United States veterinary health cer tificate issued prior to the departure of the birds from the United States and the certificate shows the number from the leg band, tattoo, or microchip af fixed to the birds prior to departure; and (D) During port of entry veterinary inspection it is determined that the number from the leg band, tattoo, or microchip on the bird is the same as the one listed on the health certificate; and (E) The owner importing the pet birds signs and furnishes to the Admin istrator the following: (1) A notarized declaration under oath or affirmation (or a statement signed by the owner and witnessed by a Department inspector) stating that the bird or birds have not been in contact with poultry or other birds while out of the region (for example, association with other avian species at exhibitions or at aviaries); and (2) An agreement on VS Form 17–8, obtainable from a Federal inspector at the port of entry, stating: (i) That the birds will be maintained in confinement in his or her personal possession separate and apart from all poultry and other birds for a minimum of 30 days following importation at the address where the birds are to be held and made available for health inspec tion and testing by Department inspec tors upon request until released at the end of such period by such an inspec tor; and (ii) That appropriate Federal officials in the State of destination will be im mediately notified if any signs of dis ease are noted in any of the birds or any bird dies during that period. The owner importing such birds must com ply with the provisions of the afore mentioned agreement before the birds VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00424 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 415 Animal and Plant Health Inspection Service, USDA § 93.101 3 The names and addresses of the port vet erinarians, as well as a fee schedule for quar antine charges, are available from the Ani mal and Plant Health Inspection Service, Veterinary Services, Operational Support, 4700 River Road Unit 33, Riverdale, Maryland 20737–1231. may be released from confinement. Ex cept for pet birds that have been in any region where highly pathogenic avian influenza exists, lots of pet birds of United States origin which do not oth erwise meet the requirements of para graphs (c)(1) or (2) of this section may be offered for entry under the provi sions of paragraph (c)(4) of this section. (3) Any pet birds of United States ori gin that have been in any region iden tified in accordance with § 94.6(a)(2) of this subchapter as a region where high ly pathogenic avian influenza exists, regardless of the length of time such birds have been outside of the United States, may only be imported through the port of Los Angeles, CA, Miami, FL, or New York, NY, and only under the following conditions: (i) The birds meet the requirements of paragraphs (c)(2)(ii)(A) through (D) of this section; and (ii) The birds are quarantined for a minimum of 30 days, and for such longer period as may be required by the Administrator in any specific case, at a USDA quarantine facility in accord ance with § 93.106. (4) Pet birds which are not known to be affected with or exposed to commu nicable diseases of poultry may be of fered for entry at one of the ports of entry designated in § 93.102(a) under the following conditions: (i) The pet birds shall be accom panied by a veterinary health certifi cate issued by a national government veterinary officer of the region of ex port stating that he or she personally inspected the birds listed on the health certificate and found them to be free of evidence of highly pathogenic avian in fluenza, Newcastle disease, chlamydiosis, and other communicable diseases of poultry, and that the birds were being exported in compliance with the laws and regulations of the re gion of export, or if exported from Mex ico, shall be accompanied either by such a certificate or by a certificate issued by a veterinarian accredited by the National Government of Mexico and endorsed by a full-time salaried veterinary officer of the National Gov ernment of Mexico, thereby rep resenting that the veterinarian issuing the certificate was authorized to do so. Certificates in a foreign language must be translated into English at the ex pense of the importer. (ii) An advanced reservation fee as required by § 93.103(a)(3) and a request for space which has been confirmed in writing, at a USDA-operated quar antine facility shall be made with the port veterinarian 3 at the port where the birds are to be held for a minimum 30-day isolation in a biologically secure unit separate and apart from all other avian species, except, that birds arriv ing without an advanced reservation may be handled if an isolation unit is available, provided the reservation fee as required in § 93.103(a)(3) is paid. Pet birds offered for entry at a port of entry that has not been designated in § 93.102(a), or pet birds arriving without an advanced reservation at a port of entry designated in § 93.102(a) but at which isolation units are not available, shall be refused entry at such port. However, such pet birds may be trans ported at the owner’s expense to an other port of entry designated in § 93.102(a) if available quarantine space exists, if the reservation fee is paid and the birds are shipped to such other port under conditions deemed sufficient by the Administrator to prevent the spread of communicable diseases of poultry: Provided, That pet birds arriv ing with or without an advance res ervation at the port of Hidalgo, Texas, will be transported at Department ex pense to the quarantine facility at Mis sion, Texas, if available quarantine space exists at that facility, until quar antine facilities are available at Hi dalgo, Texas; and pet birds arriving with or without an approved reserva tion entered at the port of New York, New York, will be transported at De partment expense to the quarantine fa cility at Newburgh, New York, if avail able quarantine space exists at the fa cility, until quarantine facilities are available at New York, New York. Fol lowing the isolation period, if such birds are found to be free from commu nicable diseases of poultry, the birds VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00425 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 416 9 CFR Ch. I (1–1–18 Edition) § 93.101 4 Such permit may be obtained from the Animal and Plant Health Inspection Service, Veterinary Services, Operational Support, 4700 River Road Unit 33, Riverdale, Maryland 20737–1231 or by visiting http:// www.aphis.usda.gov/animallhealth/permits/’’. Requests for approval of such facilities should also be made to the Deputy Adminis trator. 5 See footnote 4 in subpart A. shall be returned at Department ex pense to the respective ports of Hi dalgo, Texas, or New York, New York, as appropriate, for Agriculture release for entry through U.S. Customs. (iii) During the isolation period, the birds shall be subjected to such tests and procedures as required by the Ad ministrator to determine whether the birds are free from communicable dis eases of poultry. (iv) Following the isolation period, if the birds are found to be free of com municable disease of poultry, the port veterinarian shall issue an agriculture release for entry through U.S. Cus toms. If the birds are found during port of entry inspection or during quar antine to be infected with or exposed to a communicable disease of poultry, such birds shall be refused entry and handled in accordance with § 93.106(a) of this part. (v) The owner of the birds is respon sible for all costs which result from these procedures and shall reimburse APHIS for governmental expenses in accordance with § 93.210 (b) and (c) of this part. (d) The provisions in this subpart re lating to birds shall not apply to healthy birds, except ratites, not known to be infected with or exposed, within the 90 days preceding the date of export from the region of origin, to communicable diseases of poultry, if an import permit 4 has been obtained under § 93.103 of this chapter and all conditions therein are observed; and if such birds are handled as follows: (1)(i) They are maintained under con tinuous confinement in transit through the United States aboard an aircraft, ocean vessel, or other means of convey ance; or (ii) Except for birds in transit through Anchorage, Alaska, under § 93.103(c) of this part, which are not al lowed to be unloaded, they are un loaded, in the course of such transit, into a bird holding facility which is provided by the carrier or its agent and has been approved 5 in advance by the Administrator in accordance with paragraph (d)(3) of this section as ade quate to prevent the spread within the United States of any livestock or poul try disease, and they are maintained there under continuous confinement until loaded aboard a means of convey ance for transportation from the United States and are maintained under continuous confinement aboard such means of conveyance until it leaves the United States; the import permit will specify any additional con ditions necessary to assure that the transit of the poultry or birds through the United States can be made without endangering the livestock or poultry of the United States, and that Depart ment inspectors may inspect the poul try or birds on board such means of conveyance or in such holding facility to ascertain whether the requirements of this paragraph are met, and dispose of them in accordance with the Animal Health Protection Act (7 U.S.C. 8301 et seq.) if such conditions are not met; and (2) The carrier or its agent executes and furnishes to the collector of Cus toms at the first port of arrival a dec laration stating that the poultry or birds will be retained aboard such means of conveyance or in an approved holding facility during transhipment as required by this paragraph. (3) Provisions for the approval of fa cilities required in this paragraph are: (i) They must be sufficiently isolated to prevent direct or indirect contact with all other animals and birds while in the United States. (ii) They must be so constructed that they provide adequate protection against environmental conditions and can be adequately cleaned, washed and disinfected. (iii) They must provide for disposal of animal and bird carcasses, manure, bedding, waste and any related ship ping materials in a manner that will prevent dissemination of disease. (iv) They must have provisions for adequate sources of feed and water and VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00426 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 417 Animal and Plant Health Inspection Service, USDA § 93.101 for attendants for the care and feeding of birds in the facility. (v) They must comply with addi tional requirements as may be imposed by the Administrator if deemed appli cable for a particular shipment. (vi) They must also comply with all applicable local, State and Federal re quirements for environmental quality and with the provisions of the Animal Welfare Regulations in chapter I of this title, as applicable. (e) Commercial birds, zoological birds, research birds, or pet birds may be imported into the United States if they meet the requirements of §§ 93.102(a), 93.103, 93.104, 93.105(a), and 93.106(a) which specifically apply to such birds and the requirements of all other sections in this part that are ap plicable to poultry generally. (f) Performing or theatrical birds re turning to the United States. (1) Per forming or theatrical birds of United States origin that are returning to the United States from Canada or Mexico may be imported if: (i) The birds are found upon port of entry veterinary inspection to be free of avian diseases; and (ii) The birds are accompanied by a United States veterinary health certifi cate issued prior to the departure of the birds from the United States and the certificate shows the number from the leg band, tattoo, or microchip af fixed to the birds prior to departure; and (iii) During port of entry veterinary inspection it is determined that the number from the leg band, tattoo, or microchip on the birds is the same as the one listed on the health certificate. (2) Except for performing or theat rical birds that have been in any region where highly pathogenic avian influ enza exists, which are subject to the provisions of paragraph (f)(3) of this section, performing or theatrical poul try of United States origin that have been outside the United States in a re gion other than Canada or Mexico may be imported if: (i) The birds meet the requirements of paragraphs (f)(1)(i) through (iii) of this section; and (ii) The birds are accompanied by an import permit issued by APHIS; and (iii) The owner importing the birds signs and furnishes to the Adminis trator the following: (A) A notarized declaration under oath or affirmation (or a statement signed by the owner and witnessed by a Department inspector) stating that the birds have not been in contact with other birds while out of the region (for example, association with other avian species at exhibitions or at aviaries); and (B) An agreement on VS Form 17–8, available electronically or through other authorized method, obtainable from a Federal inspector at the port of entry, stating: (1) That the birds will be maintained in confinement in his or her personal possession separate and apart from all birds and other birds for a minimum of 30 days following importation at the address where the birds are to be held and made available for health inspec tion and testing by Department inspec tors upon request until released at the end of such period by such an inspec tor; and (2) That appropriate Federal officials in the State of destination will be im mediately notified if any signs of dis ease are noted in any of the birds or any birds die during that period. The owner importing such poultry must comply with the provisions of the aforementioned agreement before the birds may be released from confine ment. Except for performing or theat rical birds that have been in any region where highly pathogenic avian influ enza exists, performing or theatrical birds of United States origin which do not otherwise meet the requirements of paragraphs (f)(1) or (2) of this section may be offered for entry under the pro visions of § 93.101(c). (3) Any performing or theatrical birds of United States origin that have been in any region identified in accord ance with § 94.6(a)(2) of this subchapter as a region where highly pathogenic avian influenza exists may only be im ported through the port of Los Angeles, CA, Miami, FL, or New York, NY, and only under the following conditions: (i) The birds meet the requirements of paragraphs (f)(1)(i) through (iii) of this section; and VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00427 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 418 9 CFR Ch. I (1–1–18 Edition) § 93.101 6 Birds that would require handfeeding will be refused entry. 7 Such tests are conducted according to protocols for highly pathogenic avian influ enza and Newcastle disease which are avail able upon request from the Administrator. (ii) The birds are accompanied by an import permit issued by APHIS; and (iii) The birds are quarantined for a minimum of 30 days, and for such longer period as may be required by the Administrator in any specific case, at a quarantine facility maintained by APHIS in accordance with paragraphs (c)(3)(ii) through (c)(3)(iv) of this sec tion. (g) Any smuggled bird shall: (1) Be refused entry into the United States and be removed from the United States, 6 or (2) Be quarantined in a USDA-oper ated quarantine facility pending nega tive results to two consecutive tests for highly pathogenic avian influenza and Newcastle disease 7 administered not less than 30 days apart, with the first test administered within seven days after the bird enters the facility. (3) Tissue samples from any smuggled bird which has died prior to release from quarantine shall be submitted for highly pathogenic avian influenza and Newcastle disease isolation. Smuggled birds shall also be subject to such other tests and procedures to determine whether the birds are free from com municable diseases of poultry other than highly pathogenic avian influenza and Newcastle disease when the port veterinarian determine that the bird in question has shown physical symptoms of being affected with or exposed to communicable diseases of poultry. A lot of smuggled birds placed into the quarantine facility shall be handled on an ‘‘all-in, all-out’’ basis: Provided, That birds of endangered and threat ened species, as determined by the De partment of the Interior (16 U.S.C. 1533, as amended) shall be separated for quarantine and testing as separate lots. If highly pathogenic avian influ enza or Newcastle disease or any other communicable disease of poultry is di agnosed in any smuggled bird at any point or if it is determined that any smuggled bird has been exposed to highly pathogenic avian influenza or Newcastle disease or any other such communicable disease, such birds shall not be released from quarantine and shall be disposed of in accordance with procedures established by the Adminis trator to prevent the entry of commu nicable diseases of livestock or poultry into the United States. However, if en dangered or threatened species are de termined to be exposed such birds shall be held in permanent quarantine in ac cordance with such conditions as the Deputy Administrator may prescribe to protect poultry of the United States. At the time any smuggled bird enters the quarantine facility, it shall be identified in a manner approved by the Administrator. (4) If the laboratory tests for highly pathogenic avian influenza and New castle disease are negative and as de termined by the port veterinarian the birds are free of clinical evidence of diseases of poultry at the end of the quarantine period, the port veteri narian shall issue an agricultural re lease for entry of the birds through the United States Customs Service at the termination of the quarantine period. Providing that the sale of the smuggled birds is not contrary to any Federal law or regulation, expenses incurred by the Department for the handling of the smuggled birds under this paragraph shall be reimbursed from funds derived from the sale or disposition of the smuggled birds after their release from quarantine. Any smuggled bird which by law may not be sold, or so disposed, shall be quarantined in accordance with such procedures as the Deputy Administrator may establish to pre vent the introduction of communicable diseases of livestock or poultry into the United States, in accordance with the law. (Approved by the Office of Management and Budget under control numbers 0579–0220 and 0579–0245) [55 FR 31495, Aug. 2, 1990. Redesignated at 62 FR 56012, Oct. 28, 1997] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 93.101, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00428 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 419 Animal and Plant Health Inspection Service, USDA § 93.103 8 VS import permit application forms are available from local offices of Veterinary Services, which are listed in telephone direc tories, or from the Animal and Plant Health Inspection Service, Veterinary Services, Na tional Center for Import-Export, 4700 River Road Unit 38, Riverdale, Maryland 20737–1231 or by visiting http://www.aphis.usda.gov/ animallhealth/permits/. For other permit re quirements for birds, the regulations issued by the U.S. Department of the Interior (title 50, Code of Federal Regulations, parts 14 and 17) should be consulted. § 93.102 Ports designated for the im portation of birds. (a) Special ports for pet birds. The fol lowing ports are designated as ports of entry for pet birds imported under the provisions of § 93.101(c) and performing or theatrical birds imported under the provisions of § 93.101(f): Los Angeles and San Ysidro, CA; Miami, FL; New York, NY; Baudette, MN; and Hidalgo, TX. (b) Designation of other ports. The Sec retary of the Treasury has approved the designation as quarantine stations of the ports specified in this section. In special cases other ports may be des ignated as quarantine stations under this section by the Administrator, with the concurrence of the Secretary of the Treasury. (c) Notwithstanding any other provi sions of this section, all commercial birds, zoological birds, or research birds shall be imported only at a port of entry specified in § 93.105. (d) Limited ports. The following ports are designated as ports of entry for pet birds imported under the provisions of § 93.101(c)(1) or (2) and performing or theatrical birds imported under the provisions of § 93.101(f): Anchorage and Fairbanks, AK; San Diego, CA; Jack sonville, Port Canaveral, St. Peters burg-Clearwater, and Tampa, FL; At lanta, GA; Honolulu, HI; Chicago, IL; New Orleans, LA; Baltimore, MD; Port land, ME; Minneapolis, MN; Great Falls, MT; Covington, KY (Greater Cin cinnati International Airport); Port land, OR; San Juan, PR; Galveston and Houston, TX; and Seattle, Spokane, and Tacoma, WA. [55 FR 31495, Aug. 2, 1990, as amended at 59 FR 36026, July 15, 1994; 60 FR 16045, Mar. 29, 1995; 60 FR 25120, May 11, 1995; 61 FR 68125, Dec. 27, 1996. Redesignated and amended at 62 FR 56012, 56014, Oct. 28, 1997; 65 FR 38178, June 20, 2000; 67 FR 6370, Feb. 12, 2002] § 93.103 Import permits for birds; and reservation fees for space at quar antine facilities maintained by APHIS. (a) Application for permit; reservation required. Before any permit application is submitted, all construction at the quarantine facility must be completed. (1) For pet birds, commercial birds, research birds, zoological birds, and performing or theatrical birds, in tended for importation into the United States, except as otherwise provided in §§ 93.101(b) and (c), 93.103(c), and 93.107(b), the importer shall first apply for and obtain an import permit. The importer (permit applicant) shall sub mit a completed VS form 17–128 for ratites or hatching eggs of ratites; or, for other birds, a completed VS form 17–20; or shall submit a document that states that it is an application for a permit to import ratites, hatching eggs of ratites, or birds other than ratites or hatching eggs of ratites. The applica tion 8 must include the following infor mation: (i) The name, address, and telephone number of the importer; (ii) The status of the importer, such as individual, partnership, or corpora tion (if incorporated, include State where incorporated and date of incor poration); (iii) Name and address of the quar antine facility; (iv) Date of intended quarantine; (v) The purpose of the importation; (vi) The region of origin; (vii) The name and address of the ex porter; (viii) The port of embarkation in the foreign region; (ix) The mode of transportation, route of travel, and port of entry in the United States; (x) The name and location of the quarantine facility in the United States to which delivery will be made from the port of entry, in accordance with § 93.106(c)(5); (xi) A drawing of the floor plan for the facility showing the location of the bird holding area; equipment storage areas; office areas; clothes storage and change areas; feed storage areas; ne cropsy areas (showing entry and refrig eration); washing areas for equipment; VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00429 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 420 9 CFR Ch. I (1–1–18 Edition) § 93.103 shower areas; ventilation arrange ments; and entries and exits; and, for a facility for hatching eggs of ratites in which the hatching eggs of one lot may be quarantined at the same time as the hatched chicks from a previously quar antined lot, the incubation/hatcher and bird (chick) holding areas; and (xii) Date and certification, by signa ture of the importer (permit appli cant), after the following language: I certify that the information provided herein is true and correct to the best of my knowledge and belief, and agree to comply with the applicable regulations in title 9, Code of Federal Regulations, §§ 93.100 through 93.107; (xiii) In addition, the application for a permit to import ratites or hatching eggs of ratites, except for ratites and hatching eggs of ratites imported from Canada in accordance with § 93.107, shall specify the number of ratites or hatching eggs intended for importa tion, the size of the flock of origin, and the location of the premises where the flock of origin is kept; and shall state that, from the date of application through the date of export, APHIS rep resentatives shall be granted access to the premises where the flock of origin is kept. (For ratites intended for im portation as zoological birds, the flock of origin shall be the ratites intended for importation.) (2)(i) An import permit will be issued only after an APHIS representative has inspected the quarantine facility iden tified on the permit application, and has determined that it meets the standards set forth in § 93.106(c) of this part. (ii) An application for a permit to import pet birds, commercial birds, re search birds, zoological birds, and per forming or theatrical birds, may be de nied or withdrawn because of: Commu nicable disease conditions in the area or region of origin, or in a region where the shipment has been or will be held or through which the shipment has been or will be transported; defi ciencies in the regulatory programs for the control or eradication of animal diseases and the unavailability of vet erinary services in the above men tioned countries; the importer’s failure to provide satisfactory evidence con cerning the origin, history, and health status of the animals; the lack of satis factory information necessary to deter mine that the importation will not be likely to transmit any communicable disease to livestock or poultry of the United States; the lack of APHIS per sonnel; any outstanding debts to APHIS the permit applicant has not paid when due; or any other cir cumstances which the Administrator believes require such denial or with drawal to prevent the dissemination of any communicable disease of livestock or poultry into the United States, such as if: (A) Any requirement of this subpart is not complied with; (B) The importer (permit applicant) or any person responsibly connected with the importer’s business, any per son responsibly connected with the pri vately owned bird quarantine facility through which the importation is in tended, or, in the case of the importa tion of ratites or ratite hatching eggs, the operator of the flock of origin or a person responsibly connected with the owner of the flock of origin, has been convicted of any crime under any law regarding the import or export of goods, regarding the quarantine of any animal or bird, or the illegal move ment of goods within a region, or in volving fraud, bribery, extortion, or of any other crime involving lack of the integrity needed for the conduct of op erations affecting the importation of birds; (C) The importer (permit applicant) or any person responsibly connected with the importer’s business, any per son responsibly connected with the pri vately owned bird quarantine facility intended for use for the importation, or, in the case of the importation of ratites or ratite hatching eggs, the op erator of the flock of origin or a person responsibly connected with the owner of the flock of origin, threatens to forc ibly assault or forcibly assaults, in timidates, or interferes with any APHIS representative or employee in or on account of the performance of his or her official duties, unless, promptly upon the incident being brought to the importer’s attention by the authorized supervisor of the APHIS representative or employee, and to the satisfaction of that supervisor, the importer justifies VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00430 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 421 Animal and Plant Health Inspection Service, USDA § 93.103 the incident, takes effective steps to prevent a recurrence, or provides ac ceptable assurance that there will not be any recurrences; or (D) For any violation of the regula tions in this subpart. (iii) In addition, a permit to import ratites or hatching eggs of ratites, ex cept for ratites or hatching eggs of ratites imported from Canada in ac cordance with § 93.107, will be denied or withdrawn unless APHIS representa tives are granted access to the prem ises where the flock of origin is kept (or, in the case of zoological birds, to the premises where the birds are kept), from the date of the application for the permit through the date of export. (iv) Except for ratites intended for importation as zoological birds and ratites and hatching eggs of ratites im ported from Canada in accordance with § 93.107, a permit to import ratites or hatching eggs of ratites will be denied or withdrawn unless an APHIS rep resentative has visited the premises where the flock of origin is kept within the 12-month period before the in tended importation and has determined that the flock is pen-raised and con tains sufficient breeding pairs to produce the number of ratites or hatch ing eggs intended for importation. (v) A permit to import ratites or hatching eggs of ratites will be denied or withdrawn if an inspection of the premises of the flock or origin, carried out by the national government of the region of export under § 93.101(b)(3), in dicates that the ratites and hatching eggs are not identified and marked as required under § 93.101(b)(3). (vi) For the purposes of this section, a person shall be deemed to be respon sibly connected with an importer’s business, a privately owned bird quar antine facility, or an owner of a flock of origin, if such person has an owner ship, mortgage, or lease interest in the physical plant of the importer’s busi ness, the privately owned bird quar antine facility, or the farm of the flock of origin, or if such person is a partner, officer, director, holder or owner of 10 per centum or more of the voting stock of the importer’s business, the pri vately owned bird quarantine facility, or the farm of the flock of origin, or is an employee of the importer’s business, the privately owned bird quarantine fa cility, or the owner of the flock of ori gin. (vii) A permit may be denied or with drawn at any time by the Adminis trator, for any of the reasons provided in paragraphs (a)(2)(ii), (iii), (iv), or (v) of this section. Before such action is taken, the importer will be informed of the reasons for the proposed action and, upon request in case of a dispute of material facts, shall be afforded an opportunity for a hearing with respect to the merits or validity of such ac tion, in accordance with rules of prac tice which shall be adopted for the pro ceeding. However, withdrawal of a per mit shall become effective pending final determination in the proceeding, when the Administrator determines that such action is necessary to pro tect the public health, interest, or safe ty. Such withdrawal shall be effective upon oral or written notification, whichever is earlier, to the importer. In the event of oral notification, writ ten confirmation shall be given to the importer as promptly as circumstances permit. This withdrawal shall continue in effect pending the completion of the proceeding and any judicial review thereof, unless otherwise ordered by the Administrator. (viii) If APHIS receives more than one application for a permit to import birds through a specified port of entry at approximately the same time, such that APHIS personnel could provide services to only one importer (permit applicant) who requests them, APHIS will issue the permit to the first im porter who meets the requirements of this subpart to deposit, with the Ad ministrator, the completed cooperative and trust fund agreement, accompanied by the required deposit. (3)(i) The importer or importer’s agent shall pay or ensure payment of a reservation fee for each lot of birds to be quarantined in a facility maintained by USDA. For birds the reservation fee shall be 100 percent of the cost of pro viding care, feed, and handling during quarantine, as estimated by the quar antine facility’s veterinarian in charge. (ii) At the time the importer or the importer’s agent requests a reservation of quarantine space, the importer or VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00431 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 422 9 CFR Ch. I (1–1–18 Edition) § 93.103 9 The addresses of USDA quarantine facili ties may be found in telephone directories listing the facilities or by contacting the Animal and Plant Health Inspection Service, Veterinary Services, National Center for Im port-Export, 4700 River Road Unit 38, River dale, Maryland 20737–1231. importer’s agent shall pay the reserva tion fee by check or U.S. money order or ensure payment of the reservation fee by an irrevocable letter of credit from a commercial bank (the effective date on such letter of credit shall run to 30 days after the date the birds are scheduled to be released from quar antine); except that anyone who issues a check to the Department for a res ervation fee which is returned because of insufficient funds shall be denied any further request for reservation of a quarantine space until the outstanding amount is paid. (iii) Any reservation fee paid by check or U.S. money order shall be ap plied against the expenses incurred for services received by the importer or importer’s agent in connection with the quarantine for which the reserva tion was made. Any part of the reserva tion fee which remains unused after being applied against the expenses in curred for services received by the im porter or the importer’s agent in con nection with the quarantine for which the reservation was made, shall be re turned to the individual who paid the reservation fee. If the reservation fee is ensured by a letter of credit, the De partment will draw against the letter of credit unless payment for services received by the importer or importer’s agent in connection with the quar antine is otherwise made at least 3 days prior to the expiration date of the letter of credit. (iv) Any reservation fee shall be for feited if the importer or the importer’s agent fails to present for entry, within 24 hours following the designated time of arrival, the lot of birds for which the reservation was made: Except that a reservation fee shall not be forfeited if: (A) Written notice of cancellation from the importer or the importer’s agent is received by the office of the veterinarian in charge of the quar antine facility 9 during regular business hours (8:00 a.m. to 4:30 p.m. Monday through Friday, excluding holidays) no later than 15 days for birds prior to the beginning of the time of importation as specified in the import permit or as ar ranged with the veterinarian in charge of the quarantine facility if no import permit is required (the 15 day period shall not include Saturdays, Sundays, or holidays), or (B) The Administrator determines that services, other than provided by carriers, necessary for the importation of the poultry or birds within the re quested period are unavailable because of unforeseen circumstances as deter mined by the Administrator, (such as the closing of an airport due to inclem ent weather or the unavailability of the reserved space due to the extension of another quarantine.) (v) If the reservation fee was ensured by a letter of credit and the fee is to be forfeited under paragraph (a)(3)(iv) of this section, the Department will draw against the letter of credit unless the reservation fee is otherwise paid at least 3 days prior to the expiration date of the letter of credit. (vi) When a reservation is cancelled in accordance with paragraph (a)(3)(iv)(A) of this section and the pro visions of paragraph (a)(3)(iv)(B) of this section do not apply, a $40.00 cancella tion fee shall be charged. If a reserva tion fee was paid, the cancellation fee shall be deducted from any reservation fee returned to the importer or the im porter’s agent. If the reservation fee was ensured by a letter of credit, the Department will draw the amount of the cancellation fee against the letter of credit unless the cancellation fee is otherwise paid at least 3 days prior to the expiration date of the letter of credit. (4) Permit applications for ratites. (i) If quarantine space for ratites is desired at either the New York Animal Import Center or the Miami Animal Import Center, permit applications must be submitted to the New York Animal Im port Center, USDA, APHIS, Veterinary Services, 200 Drury Lane, Rock Tavern, NY, 12575, or to the port veterinarian in charge of the New York Animal Import Center. (ii) Quarantine space for ratites will be offered in the order that permit ap plications are or have been received, VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00432 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 423 Animal and Plant Health Inspection Service, USDA ยง 93.103 beginning with those permit applica tions received on August 12, 1991. Res ervations for quarantine space at the Miami Animal Import Center will be limited to a maximum of 100 ratites per permit application. There will be a sin gle waiting list for quarantine space at the Miami Animal Import Center and the New York Animal Import Center. Importers who prefer one of these two facilities over the other may remain on the waiting list until space opens up at the facility of their choice. (b) Permit. Except as provided in paragraph (c) of this section, when a permit is issued, the original and two copies will be sent to the importer. It shall be the responsibility of the im porter to forward the original permit and one copy to the shipper in the re gion of origin, and it shall also be the responsibility of the importer to insure that the shipper presents the copy of the permit to the carrier and makes proper arrangements for the original permit to accompany the shipment to the specified U.S. port of entry for presentation to the collector of cus toms. The time prescribed in permits from the importation of pet birds, com mercial birds, zoological birds, or re search birds, shall not exceed 30 days, and for performing or theatrical birds shall not exceed 90 days. Birds for which a permit is required by these regulations will not be eligible for entry if a permit has not been issued; if unaccompanied by such a permit; if shipment is from any port other than the one designated in the permit; if ar rival in the United States is at any port other than the one designated in the permit; if the birds offered for entry differ from those described in the permit. (c) Notwithstanding any other provi sions in this part, importers are not re quired to obtain an import permit and provide the shipper with an original import permit for each individual ship ment of birds other than ratites transiting the port of Anchorage, Alas ka, if the following conditions are met: (1) The importer applies for and ob tains an import permit for multiple shipments of birds transiting the port of Anchorage, Alaska, in accordance with the provisions of this section and related requirements concerning appli cation for the permit. However, the fol lowing information is not required on the application: (i) The species, breed, and number of birds to be imported; (ii) The region of origin; (iii) The name and address of the ex porter; (iv) The port of embarkation in the foreign region; (v) The mode of transportation and the route of travel; (vi) The proposed date of arrival of the birds; and (vii) The name and address of the per son to whom the birds or poultry will be delivered. (2) The importer completes a copy of the import permit obtained under para graph (c)(1) of this section for each sep arate shipment of birds intended to transit the port of Anchorage, Alaska, by inserting the following information on a copy of the permit: (i) The species, breed, and number of birds to be imported; (ii) The region of origin; (iii) The name and address of the ex porter; (iv) The port of embarkation in the foreign region; (v) The mode of transportation and the route of travel; (vi) The proposed date of arrival of the birds; and (vii) The name and address of the per son to whom the birds will be deliv ered. (3) The importer, not less than 2 weeks prior to the anticipated date of arrival of each separate intransit ship ment of birds at the port of Anchorage, Alaska, provides the port veterinarian with a copy of the completed import permit; (4) A copy of the completed import permit accompanies each separate intransit shipment of birds or poultry to the port of Anchorage, Alaska; (5) Import permits issued for mul tiple shipments of birds transiting the port of Anchorage, Alaska, will be VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00433 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 424 9 CFR Ch. I (1–1–18 Edition) § 93.104 valid only during the calendar year in which they are issued. (Approved by the Office of Management and Budget under control number 0579–0040) [55 FR 31495, Aug. 2, 1990, as amended at 56 FR 31866, July 12, 1991; 57 FR 21725, May 22, 1992; 59 FR 10733, Mar. 8, 1994; 59 FR 47068, Sept. 14, 1994; 59 FR 47235, Sept. 15, 1994; 59 FR 67614, Dec. 30, 1994; 61 FR 68125, Dec. 27, 1996. Redesignated and amended at 56012, 56014, Oct. 28, 1997; 65 FR 38178, June 20, 2000; 81 FR 40151, June 21, 2016] § 93.104 Certificate for pet birds, com mercial birds, zoological birds, and research birds. (a) General. All pet birds, except as provided for in § 93.101 (b) and (c) of this part; all research birds; and all com mercial birds and zoological birds, in cluding ratites and hatching eggs of ratites, offered for importation from any part of the world, shall be accom panied by a certificate issued by a full time salaried veterinary officer of the national government of the exporting region, or issued by a veterinarian au thorized or accredited by the national government of the exporting region and endorsed by a full-time salaried veterinary officer of the national gov ernment of that region. (b) Birds other than ratites. The cer tificate for birds other than ratites must state: (1) That all birds covered by the cer tificate have been inspected by the vet erinarian issuing the certificate; (2) That no evidence of Newcastle dis ease, highly pathogenic avian influ enza, chlamydiosis, or other commu nicable disease of poultry was found among the birds; (3) That insofar as has been possible to determine, the birds were not ex posed to Newcastle disease, highly pathogenic avian influenza, chlamydiosis, or other communicable disease of poultry during the 90 days immediately preceding their expor tation; (4) That the birds have not been vac cinated with a vaccine for the H5 or H7 subtype of avian influenza; however, zoological birds that have been vac cinated for avian influenza subtypes H5 or H7 as part of an official program, using vaccine products approved and used under supervision by the veteri nary authorities of the exporting coun try, may be imported under specific conditions as determined by the Ad ministrator and specified in an import permit. Such birds must be exported with permanent individual identifica tion and meet the other requirements for entry under this part, and will be subject to official testing and quar antine on arrival to the United States. (5) That highly pathogenic avian in fluenza or Newcastle disease did not occur anywhere on the premises from which the birds were to be exported or on adjacent premises during the 90 days immediately preceding the expor tation of the birds; (6) That neither the premises from which the birds were to be exported nor any adjacent premises were located in any area under quarantine for poultry diseases at any time during the 90 days immediately preceding the exportation of the birds, and that the birds have not originated from or been moved through a region identified in accord ance with § 94.6(a) of this subchapter as a region where highly pathogenic avian influenza exists; and (7) That the birds were placed into new or appropriately sanitized pack aging materials at the premises from which the birds were to be exported. (c) Ratites other than hatching eggs. The certificate for ratites other than hatching eggs must state: (1) That, except as provided in para graph (c)(13) of this section, all ratites covered by the certificate, and their flock of origin, have been inspected by the veterinarian issuing the certifi cate; (2) That, except when the certificate is for zoological birds or ratites im ported from Canada in accordance with § 93.107, the flock of origin is pen raised and the ratites covered by the certificate were produced and main tained in that flock; (3) That no evidence of Newcastle dis ease, highly pathogenic avian influ enza, chlamydiosis, or other commu nicable disease of poultry was found in the flock of origin; (4) That insofar as has been possible to determine, the flock of origin was not exposed to Newcastle disease, high ly pathogenic avian influenza, chlamydiosis, or other communicable VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00434 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 425 Animal and Plant Health Inspection Service, USDA § 93.104 disease of pountry during the 90 days immediately preceding the expor tation; (5) That none of the ratites intended for shipment to the United States have been vaccinated with Newcastle disease vaccine or with a vaccine for the H5 or H7 subtype of avian influenza; (6) That highly pathogenic avian in fluenza or Newcastle disease did not occur anywhere on the premises where the flock of origin was kept or on adja cent premises during the 90 days imme diately preceding the exportation; (7) That neither the premises where the flock of origin was kept nor any ad jacent premises was located in any area under quarantine for poultry dis eases at any time during the 90 days immediately preceding the expor tation, and that the ratites have not originated from or been moved through a region identified in accordance with § 94.6(a) of this subchapter as a region where highly pathogenic avian influ enza exists; (8) That, except as provided in § 93.107 for ratites imported from Canada for immediate slaughter, the ratites were treated at least 3 days but not more than 14 days before being loaded for shipment to the United States with a pesticide of a type and concentration sufficient to kill ectoparasites on the ratites; (9) That the pesticide was applied to all body surfaces of the ratites under the supervision of the veterinarian issuing the certificate; (10) That the ratites, after being treated for ectoparasites, did not have physical contact with, or share a pen or bedding materials with, any ratite not in the same shipment to the United States; and (11) That the ratites were placed in new or appropriately sanitized pack aging materials for shipment to the United States at the premises where the flock of origin was kept. (12) The number of ratites contained in the shipment; (13) That the number of ratites and hatching eggs of ratites exported from the flock of origin has not exceeded the ceiling required to be established under § 93.101(b)(3)(ix); (14) That all the ratites and hatching eggs of ratites in the flock from which the ratites come were identified in ac cordance with § 93.101(b)(3); (15) Except for ratites imported from Canada in accordance with § 93.107, the number of ratite laying hens in the flock from which the ratites come; (16) For ratites required to be treated prior to shipment with a pesticide for ectoparasites, the certificate must also state the name, concentration, and date of administration of the pesticide used to treat the ratites; (17) When ratites intended for impor tation are zoological birds, only the ratites to be imported must be in spected, and the provisions in para graphs (c)(3), (c)(4), (c)(5), (c)(6), (c)(7), and (c)(11) that apply to the flock of or igin shall apply only to the ratites in tended for importation. (d) Hatching eggs of ratites. The cer tificate for hatching eggs of ratites must state: (1) That the flock of origin of the hatching eggs has been inspected by the veterinarian issuing the certifi cate; (2) That, except when the certificate is for hatching eggs of ratites imported from Canada in accordance with § 93.107, the flock of origin is pen raised, and the hatching eggs covered by the certificate were produced by that flock; (3) That no evidence of Newcastle dis ease, highly pathogenic avian influ enza, chlamydiosis, or other commu nicable disease of poultry was found in the flock of origin; (4) That insofar as has been possible to determine, the flock of origin was not exposed to Newcastle disease, high ly pathogenic avian influenza, chlamydiosis, or other communicable disease of poultry during the 90 days immediately preceding the exportation of the hatching eggs; (5) That highly pathogenic avian in fluenza or Newcastle disease did not occur anywhere on the premises where the flock of origin was kept or on adja cent premises during the 90 days imme diately preceding the exportation of the hatching eggs; (6) That neither the premises where the flock of origin was kept nor any ad jacent premises were located in any area under quarantine for poultry dis eases at any time during the 90 days VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00435 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 426 9 CFR Ch. I (1–1–18 Edition) § 93.105 immediately preceding the exportation of the hatching eggs; and (7) That the hatching eggs were placed into new or appropriately sani tized packaging materials for shipment to the United States at the premises where the flock of origin was kept. (8) The number of hatching eggs con tained in the shipment; (9) That the number of ratites and hatching eggs of ratites exported from the flock of origin has not exceeded the ceiling required to be established under § 93.101(b)(3)(ix); (10) That all the ratites and hatching eggs of ratites in the flock from which the hatching eggs come were identified in accordance with § 93.101(b)(3); (11) Except for hatching eggs of ratites imported from Canada in ac cordance with § 93.107, the number of ratite laying hens in the flock from which the hatching eggs come. (Approved by the Office of Management and Budget under control number 0579–0040) [56 FR 31866, July 12, 1991; 56 FR 41726, Aug. 22, 1991, as amended at 57 FR 28080, June 24, 1992; 59 FR 10733, Mar. 8, 1994; 59 FR 47235, Sept. 15, 1994; 61 FR 56891, Nov. 5, 1996; 61 FR 68126, Dec. 27, 1996. Redesignated and amend ed at 62 FR 56012, 56014, Oct. 28, 1997; 76 FR 4053, Jan. 24, 2011; 79 FR 71005, Dec. 1, 2014] § 93.105 Inspection at the port of entry. (a) All commercial birds, zoological birds, and research birds, including hatching eggs of ratites, but excluding other ratites, imported into the United States, must be inspected by the port veterinarian at the Customs port of entry, which may be any international airport, or any land-border port within 20 miles of an international airport, serviced by Customs, as well as, for Ca nadian-origin hatching eggs of ratites, ports listed in § 93.107 (c). However, hatching eggs of ratites may be shipped, in bond, from the port of first arrival to the Customs port of entry at which they will be quarantined, for in spection, at that port. (b) All pet birds imported from any part of the world, except pet birds from Canada and pet birds meeting the pro visions of § 93.101(c)(2), shall be sub jected to inspection at the Customs port of entry by a veterinary inspector of APHIS and such birds shall be per mitted entry only at the ports listed in § 93.102(a). Pet birds of Canadian origin and those birds meeting the provisions of § 93.101(c)(2) shall be subject to vet erinary inspection at any of the ports of entry listed in § 93.102 and 93.203. (c) Ratites, other than hatching eggs of ratites, imported from any part of the world must be inspected at the Cus toms port of entry by a veterinary in spector of APHIS and, except as pro vided in § 93.107(b) for ratites imported from Canada, shall be permitted entry only at one of the following ports of entry: (1) Ostriches: (i) Up to 36 inches in height (as meas ured from the top of the head to the base of the feet) or 30 pounds in weight: New York, NY; Stewart Airport, New burgh, NY; and Miami, FL. (ii) Exceeding 36 inches in height or 30 pounds in weight: New York, NY, and Stewart Airport, Newburgh, NY. (2) Ratites other than ostriches: New York, NY; Stewart Airport, Newburgh, NY; and Miami, FL. [55 FR 31495, Aug. 2, 1990, as amended at 56 FR 31867, July 12, 1991; 57 FR 21726, May 22, 1992; 59 FR 36026, July 15, 1994; 59 FR 47069, Sept. 14, 1994; 61 FR 68126, Dec. 27, 1996. Re designated and amended at 62 FR 56012, 56014, Oct. 28, 1997; 65 FR 38178, June 20, 2000] § 93.106 Quarantine requirements. (a) Birds other than ratites and hatch ing eggs of ratites. Each lot of pet birds, except as provided for in § 93.101(c) of this part; research birds; and commer cial birds and zoological birds, except ratites and hatching eggs of ratites, imported into the United States shall be quarantined for a minimum of 30 days, and for such longer period as may be required by the Administrator, in any specific case, on an ‘‘all-in, all out’’ basis, at a Customs port of entry, at a USDA quarantine facility when ar rangements have been made in advance by the importer and approval is grant ed in the permit described in § 93.103, or in facilities that meet the require ments of paragraph (c) of this section. At a USDA quarantine facility each psittacine bird shall be individually identified by the Department within 7 days of the entry of the bird into the bird quarantine facility with a serially numbered legband which has been VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00436 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 427 Animal and Plant Health Inspection Service, USDA § 93.106 10 APHIS will use an EPA registered dust formulation that contains 5 percent carbaryl as the only active ingredient. The dust for mulation will be used in accordance with all applicable directions, restrictions, and pre cautions on the label. Treated birds may not be slaughtered for food purposes. coded to the quarantine facility or by other suitable means of identification. The identification device must be ap proved by the Administrator, before it shall be used to identify birds under this section. Such means of identifica tion shall be supplied by the Depart ment at cost to the importer. The De partment shall make an identification record at the time such bird is so iden tified containing the species of the bird, including the common and sci entific name, and the number of the identification device placed on the bird. The daily log and the identifica tion record shall be maintained for 12 months following the date of the re lease of the bird from quarantine. Prior to use of a privately owned quarantine facility, a Cooperative and Trust Fund Agreement as set forth in paragraph (c)(5) of this section shall be executed by the importer and the Department and appropriate funds shall be depos ited with the Administrator pursuant to the Cooperative and Trust Fund Agreement. If the birds are found free of evidence of communicable diseases of poultry during quarantine, then the port veterinarian shall issue an agri culture release for entry through U.S. Customs. If the birds are found during port of entry inspection or during quar antine, to be infected with or exposed to a communicable disease of poultry, such birds shall be refused entry or shall be held for an additional period in quarantine until determined to be free of evidence of any communicable dis ease, or shall be otherwise disposed of as directed by the Administrator. See also paragraph (c)(3)(ii)(E) of this sec tion. (b) Ratites and hatching eggs of ratites. (1) Each lot of ratites imported from any part of the world except as pro vided in § 93.107, shall be quarantined upon arrival for a minimum of 30 days, and for such longer period as may be required by the Administrator to deter mine the ratites’ freedom from ectoparasites and communicable dis eases. Quarantine shall be on an ‘‘all in, all-out’’ basis, as described in para graph (c)(3)(ii)(A) of this section, at the New York Animal Import Center at Newburgh, NY, when the port of entry is either New York, NY, or Stewart Airport, Newburgh, NY; or at the Miami Animal Import Center, Miami, FL, when the port of entry is Miami, FL. Reservations for space in these quarantine facilities must be made in advance of arrival and in accordance with § 93.103 of this part. (2) Each lot of hatching eggs of ratites imported from any part of the world except as provided in § 93.107, shall be quarantined upon arrival, in cubated for the full incubation period (approximately 42 days), and held in quarantine for a minimum of 30 days following the hatch of the last chick in the lot, and for such longer period as may be required by the Administrator to determine the ratites’ freedom from communicable diseases. Quarantine shall be conducted at a facility that meets the requirements of paragraph (c) of this section, and in the manner prescribed by paragraph (c) of this sec tion. (3) During the quarantine period, the ratites, including chicks hatched in quarantine, shall be tested for viral diseases of poultry, including highly pathogenic avian influenza and New castle disease. If any of the ratites ex hibit evidence of other communicable diseases, they will be subjected to such additional tests as may be required by the Administrator to determine their freedom from communicable diseases. Ratites other than those imported as hatching eggs also shall be treated for ectoparasites 10 by an inspector until the inspector determines that the ratites are free of ectoparasites. (4) If the ratites, including chicks hatched during quarantine, are deter mined to be free of communicable dis eases, the port veterinarian shall issue an agricultural release for entry through U.S. Customs. If the port vet erinarian finds evidence of commu nicable disease, or exposure to commu nicable disease, during port of entry in spection or quarantine of the ratites, the ratites shall be refused entry, or shall be held in quarantine until they VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00437 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 428 9 CFR Ch. I (1–1–18 Edition) § 93.106 are determined to be free of commu nicable disease, or shall be otherwise disposed of as directed by the Adminis trator. (c) Standards for privately owned bird quarantine facilities and handling proce dures for importation of birds. Before the Administrator will issue an import per mit for a lot of birds, the Adminis trator must determine that the pri vately owned bird quarantine facility to be used to quarantine birds imported into the United States (the facility) and its maintenance and operation meet the minimum requirements of paragraphs (c)(1) through (c)(5) of this section, that adequate APHIS per sonnel are available to provide services required by the facility, and that a Co operative and Trust Fund Agreement between the importer and the Depart ment has been executed, and the re quired funds have been deposited, in ac cordance with that agreement. The cost of the facility and all costs associ ated with its maintenance and oper ation must be borne by the importer, in accordance with the provisions of paragraph (e) of this section. (1) Supervision of the facility. The fa cility shall be maintained under the su pervision of the port veterinarian at the Customs port of entry. (2) Physical plant requirements. The fa cility shall comply with the following requirements: (i) Location. Each privately owned bird quarantine facility shall be lo cated: (A) Within the immediate metropoli tan area of the port of entry to prevent the imported birds, while in transit to the quarantine facility, from intro ducing or disseminating disease to do mestic poultry or livestock. (B) At least one-half mile from any concentration of avian species, such as, but not limited to, poultry processing plants, poultry or bird farms, pigeon lofts, or other bird quarantine facili ties. Factors such as prevailing winds, the efficiency of the air filtration sys tem of the quarantine facility, possible exposure to poultry or birds moving in local traffic, etc., shall be taken into consideration. (ii) Construction. Each quarantine fa cility shall consist of a single, self-con tained building, which shall: (A) Be constructed only with mate rial that can withstand continued cleaning and disinfection. All solid walls, floors, and ceilings must be con structed of impervious material. All openings to the outside must be dou ble-screened, with an interior screen of metal or nylon mesh that is impervious to biting insects such as gnats or mos quitos, and an exterior metal screen that is rodent-proof and is made of wire, such as rabbit wire, hardware cloth, or smooth welded wire, with mesh size no larger than 1 inch × 1.5 inches (2.54 cm × 3.81 cm). The interior and exterior screens must be separated by at least 3 inches (7.62 cm); (B) Have a bird holding area of suffi cient size to prevent overcrowding of the birds in quarantine. (All access into this holding area shall be from within the building and each entryway into such area shall be equipped with self-closing, double doors: Provided, That emergency exits to the outside may exist in the bird holding area if re quired by local fire ordinances. Such emergency exits shall be constructed so as to permit their opening from the inside of the facility only.); (C) Have a ventilation capacity suffi cient to control moisture and odor at levels that are not injurious to the health of the birds in quarantine; (D) Have a vermin-proof feed storage area; (E) Have office space for record keeping; (F) Have a separate necropsy room which shall have refrigerated storage space for carcasses retained for labora tory examination and facilities ade quate for specimen preparation and carcass disposal; (G) Have a separate area for washing facility equipment; (H) Have a shower at the entrance into the area comprised of the bird holding and necropsy rooms and a clothes storage and change area at each end of the shower area; (I) Have a storage area for equipment necessary for quarantine operations; (J) Have equipment necessary to maintain the facility in clean and sani tary condition, including insect and pest control equipment; (K) Have a receptacle for soiled and contaminated clothing in the clothes VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00438 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 429 Animal and Plant Health Inspection Service, USDA ยง 93.106 change area located nearest the en trance to the bird holding area; (L) All construction must be com pleted before any permit application is submitted in accordance with ยง 93.103. (M) An APHIS representative shall inspect the facility to determine whether the facility complies with the standards set forth in this section be fore any permit is issued in accordance with ยง 93.103. Inspections shall take place at least once each year. (N) In addition, a facility for hatch ing eggs of ratites, in which the hatch ing eggs of one lot may be quarantined at the same time as the hatched chicks from the previously quarantined lot, shall: (1) Have a wall or a wall with a lock able door separating the incubator/ hatcher area from the bird (chick) holding area, and this wall or wall with-door shall provide an airtight seal between the two areas, shall be imper vious to water, and shall be able to withstand continued cleaning and dis infection; (2) Have a necropsy or sample collec tion area in both the incubator/hatcher area and the bird (chick) holding area; and (3) Have separate entrances, showers, toilets, and dressing room facilities for the exclusive use of personnel working in the incubator/hatcher area and the bird (chick) holding area. (O) The bird (chick) holding area in any facility for hatching eggs of ratites shall be of a size large enough to ac commodate 75 percent of the incubator capacity, with a minimum of 10 square feet per egg. (P) If a facility for hatching eggs of ratites has a sun room, the sun room shall be connected to the chick holding area by a wall with a lockable door. This wall; the other walls, if any; and the flooring, must be impervious to water and able to withstand continued cleaning and disinfection. All walls of the sun room must be at least 8 feet high. (1) Any of the exterior walls may be replaced by a double-screened wall set in a concrete or concrete-block curb. The double screening shall be of wire mesh or wire mesh and nylon mesh, as provided in paragraph (c)(2)(ii)(A) of this section, with the interior and exte rior screens of the sun room wall sepa rated by at least 3 inches (7.62 cm); the concrete or concrete block curb must be at least 12 inches high, impermeable to water, and able to prevent the es cape of water, manure, and debris. (2) The sun room shall have a roof, such as a double-mesh-screened roof or a glass roof, that is both impervious to free-flying birds and biting insects (such as gnats or mosquitoes) and capa ble of preventing contact between chicks and free-flying birds. (3) Be attended by personnel working in the bird (chick) holding area when ever chicks are in the sun room. (iii) Sanitation and security. Arrange ments shall exist for: (A) A supply of water adequate to meet all watering and cleaning needs. (B) Disposal of wastes by inciner ation or a public sewer system which meets all applicable environmental quality control standards; (C) Control of surface drainage onto or from the facility to prevent any dis ease agent from entering or escaping; (D) Protective clothing and footwear adequate to insure that workers at the facility have clean clothing and foot wear at the start of each workday and at any time such articles become soiled or contaminated; (E) Power cleaning and disinfecting equipment with adequate capacity to disinfect the facility and equipment; (F) Sufficient stocks of a disinfectant authorized in ยง 71.10(a)(5) of this chap ter; (G) A security system which prevents contact of birds in quarantine with per sons not authorized entry to the facil ity and with other birds and animals. Such a system shall include a daily log to record the entry and exit of all per sons entering the facility and controls at all doorways and other openings to the facility to prevent escape or acci dental entry of birds. (3) Operational procedures. The fol lowing procedures shall be observed at the facility at all times. (i) Personnel. Access to the facility shall be granted only to persons work ing at the facility or to persons specifi cally granted such access by the port veterinarian. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00439 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 430 9 CFR Ch. I (1–1–18 Edition) § 93.106 11 A list of approved vaccines is available from the Animal and Plant Health Inspec tion Service, Veterinary Services, National Center for Import-Export, 4700 River Road Unit 38, Riverdale, Maryland 20737–1231. (A) All personnel granted access to the bird holding area or the incubator/ hatcher area shall: (1) Wear clean protective clothing and footwear upon entering the bird holding area or the incubator/hatcher area; (2) Change protective clothing and footwear when they become soiled or contaminated; (3) Shower when entering and leaving any bird holding area, any incubator/ hatcher area, and any necropsy area. Showering when moving between the incubator/hatcher area and the bird holding area is not required when the eggs in the hatching area and the chicks in the holding area are part of the same lot; (4) Work exclusively with one lot of birds until the lot’s release from quar antine, and have no contact with other birds or poultry until the release date. (B) The importer shall handle soiled clothing worn within the quarantine unit in a manner approved by the port veterinarian as adequate to preclude transmission of a poultry disease agent from the facility. (ii) Handling of the birds in quarantine. The birds shall be kept in the quar antine facility for a minimum of 30 days and while in quarantine shall be handled in compliance with the fol lowing requirements: (A) Each lot of birds to be quar antined shall be placed in the facility on an ‘‘all-in, all-out’’ basis. No birds shall be taken out of the lot while it is in quarantine except for diagnostic purposes and if additional birds are added to a lot, the total quarantine pe riod for that lot shall be extended so that all birds will have completed at least 30 consecutive days of quarantine before release for entry into the com merce of the United States. The quar antine period may be extended as pro vided in paragraph (a) of this section. (1) Hatching eggs of ratites com prising a single lot may be added to the facility in stages, provided the entire lot has been placed in the facility no later than 15 days after the arrival of the first shipment. (2) If hatching eggs of ratites begin to hatch in the incubator/hatcher area while ratite chicks from the previously quarantined lot remain in the bird (chick) holding area, then the separate lots assume the status of a single lot, and will be released from quarantine in accordance with paragraph (c)(3)(ii)(A) of this section. (B) The birds may be vaccinated dur ing quarantine only with a vaccine that has been approved by the Admin istrator, and is administered by a li censed veterinarian under the direct supervision of a veterinarian employed by the Animal and Plant Health In spection Service. The Administrator will approve a vaccine if: (1) The vaccine is licensed by the Animal and Plant Health Inspection Service in accordance with § 102.5 of this chapter; and (2) The vaccine is not one that is used to prevent Newcastle disease, avian in fluenza, or any other hemagglutinating virus of poultry. 11 (C) Birds of the psittacine family shall receive a balanced, medicated feed ration treatment containing not less than 1% CTC with not more than 0.7% calcium for the entire quarantine period as a precautionary measure against chlamydiosis (psittacosis). (D) The importer shall immediately collect all birds which die in quar antine and hold them under refrigera tion, within the facility, shall account for all birds in the shipment, and shall not dispose of any carcass or parts thereof unless authorized to do so by a Veterinary Medical Officer of APHIS of the Department. Birds that die enroute to the United States or while in quar antine shall be made available at the port of entry for necropsy by a Depart ment poultry disease diagnostician who may submit specimens from such birds for laboratory examination. (E) During the period of quarantine, the birds shall be subjected to such tests and procedures as are required in specific cases by the port veterinarian, to determine whether the birds are free from communicable diseases of poultry and it shall be the responsibility of the importer to identify individually each psittacine bird within 7 days of the entry of the bird into the quarantine VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00440 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 431 Animal and Plant Health Inspection Service, USDA § 93.106 facility with a serially numbered legband which has been coded to the quarantine facility or by other suitable means of identification. Any identifica tion device must be approved by the Administrator, upon written request to him, before it shall be used to identify birds under this section. Such means of identification shall be supplied by the importer, and the importer shall insure that each bird is so identified at the time the bird is released from the facil ity. If Newcastle disease or highly pathogenic avian influenza is found or detected among any birds in quar antine, all birds in the facility shall be destroyed or refused entry and the en tire facility shall be thoroughly cleaned and then disinfected as di rected under the supervision of an in spector. (F) The quarantine facility from which a lot of birds has been released shall be thoroughly cleaned and dis infected with a disinfectant authorized in § 71.10(a)(5) of this chapter, under su pervision of an inspector before a new lot is placed in the facility. (iii) Records. It shall be the responsi bility of the importer to maintain a current daily log for each lot of birds, recording such information as the gen eral condition of the birds each day, source of origin of the birds in the lot, total number of birds in the lot when imported, number of dead birds when lot arrived, date lot was placed into the facility, number of deaths each day in the lot during the quarantine period, necropsy results, and laboratory find ings on birds that died during the quar antine date of prescribed tests and re sults, Department import permit num bers of each lot, date lot was removed from the facility, and any other obser vations pertinent to the general health of the birds in the lot. The importer shall also make an identification record, at the time each psittacine bird is identified, containing the species of the bird, including the common and scientific name and the number of the identification device placed on each psittacine bird. The daily log and the identification record shall be main tained for 12 months following the date of release of the bird from quarantine and shall be made available to APHIS personnel upon request. (4) Additional requirements as to lo cation, security, physical plant and fa cilities, sanitation, and other items may be imposed by the Administrator, in each specific case in order to assure that the quarantine of the birds in such facility will be adequate to enable de termination of their health status, pre vent spread of disease among birds in quarantine, and prevent escape of poul try disease agents from the facility. (5) Cooperative and Trust Fund Agreement for services required by im porter at a privately owned bird quar antine facility. (i) When the Administrator deter mines that a privately owned bird quarantine facility meets the require ments set forth in paragraph (c) of this section, the Department and the im porter shall execute a Cooperative and Trust Fund Agreement, as specified in paragraph (c)(5)(iii) of this section. In conjunction with the Cooperative and Trust Fund Agreement, the importer shall deposit with the Administrator a money order or cashier’s check in an amount determined by the Adminis trator to cover all costs incurred by the Department in providing services in accordance with the provisions of the Cooperative and Trust Fund Agree ment. Any unobligated funds will, upon request, be returned to the importer, after the birds’ release from quar antine. (ii) The Administrator may provide services required by the importer at a privately owned quarantine facility for the importation of birds on a first come, first served basis, if adequate APHIS personnel are available to pro vide those services, upon determining that the importer has executed a Coop erative and Trust Fund Agreement, and has deposited funds in an amount determined by the Administrator to be sufficient to cover all costs incurred by the Department in providing services in accordance with that agreement, as specified in paragraph (c)(5)(iii) of this section. (iii) Cooperative and Trust Fund Agreement. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00441 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 432 9 CFR Ch. I (1–1–18 Edition) § 93.106 COOPERATIVE AND TRUST FUND AGREEMENT BETWEEN lll (NAME OF IMPORTER) AND THE UNITED STATES DEPARTMENT OF AGRI CULTURE, ANIMAL AND PLANT HEALTH IN SPECTION SERVICE. This agreement is made and entered into by and between lllll (name of im porter), hereinafter referred to as the Im porter, and the U.S. Department of Agri culture, Animal and Plant Health Inspection Service, hereinafter referred to as the Serv ice, with respect to llllll (quarantine facility and address of facility). Whereas, the Service is authorized pursuant to the Animal Health Protection Act (7 U.S.C. 8301 et seq.) to regulate the introduction of animals into the United States in order to prevent the in troduction of animal and poultry diseases into the United States; and Whereas, the Importer is interested in the importation of certain birds from regions presently under restrictions for such impor tation; and Whereas, the Importer is equipped with a bird quarantine facility that meets the re quirements of paragraph (c) of this section; and Whereas, the Importer has requested the Service to conduct inspections, perform lab oratory procedures, complete examinations, and supervise the isolation, quarantine, and care and handling of birds to insure that they meet the Department’s quarantine re quirements before release into the United States; and Whereas, it is the intention of the parties hereto that such cooperation shall be for their mutual benefit and the benefit of the people of the United States; Now therefore, for and in consideration of the promises and mutual covenants herein contained, the parties hereto do hereby mu tually agree with each other as follows: (A) The Importer Agrees: (1) To operate the quarantine facility in accordance with all Federal Laws and regu lations. (2) To provide a current list of designated personnel employed by the Importer who will be used to handle and care for birds during the quarantine period. The list will include the legal names, current residential address es, and social security numbers of the des ignated personnel. The list will be furnished to the port veterinarian at the time an appli cation for an import permit to import birds into the quarantine facility is submitted to the Service. The list will be updated for any changes in or additions to the designated personnel in advance of such personnel work ing in the quarantine facility. (3) To furnish to the Service a signed state ment from each of the designated personnel employed by the Importer which provides that such personnel agree that for a period of 3 days from their most recent contact with birds in the quarantine facility, such per sonnel will refrain from having contact with other birds and poultry. This restriction ceases to apply on the date the birds are re leased from quarantine. (4) To not permit any designated personnel which the Service determines to be unfit to be employed at a quarantine facility upon written notice from the Service. Such deter mination shall be based upon such employ ee’s committing or aiding and abetting in the commission of any violation of title 9, Code of Federal Regulations, part 93. The Im porter further agrees to suspend any des ignated employee from working at a quar antine facility when the Service has reason to believe that such employee has violated any provision of title 9, Code of Federal Reg ulations, part 93, and the Administrator has determined that the actions of such em ployee constitute a severe threat to intro duce or disseminate a communicable disease of poultry into the United States. Such ac tion shall be made upon receipt of notice from the Service requiring such action by the Importer. (5) To allow the unannounced entry into the quarantine facility of Service personnel or other persons authorized by the Service for the purpose of inspecting birds in quar antine, the operations at the quarantine fa cility and to ascertain compliance with the Standards for quarantine facilities and han dling procedures for importation of birds contained in title 9, Code of Federal Regula tions, § 93.106(c). (6) To provide permanent restrooms in both the clean and the quarantine areas of the quarantine facility. (7) To provide a T.V. monitoring system or a window or windows sufficient to provide a full view of the quarantine area excluding the clothes changing area. (8) To install a communication system be tween the clean and quarantine areas of the quarantine facility. Such communication system shall not interfere with the mainte nance of the biological security of the quar antine area. (9) To secure all windows and any openings in the quarantine facility in a manner satis factory to the Department which will insure the biological security of the quarantine fa cility and prevent the unauthorized removal of birds. (10) To install tamperproof hasps and to in stall hinges on doors from which the pins cannot be removed. (11) To install a hood with a viewing win dow over the necropsy table. (12) To bag waste material in leakproof bags. Such material shall be handled in a manner that spoilage is kept to a minimum and control of pests is maintained. Such ma terial shall be disposed of by incineration or by public sewer or other method authorized by the Administrator to prevent the spread VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00442 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 433 Animal and Plant Health Inspection Service, USDA § 93.106 of disease. The disposition of such material shall only be under the direction and super vision of the Service. (13) To feed chlortetracycline to psittacine birds, upon their arrival in the facility as prescribed in § 93.106(c)(3)(ii)(C). (14) To install an electronic security sys tem which is coordinated through or with the local police so that monitoring of the quarantine facility is maintained whenever Service personnel are not at the facility or, in lieu of such electronic monitoring system to arrange for continuous guarding of the fa cility with personnel from a bonded, security company. Provided, That, if highly patho genic avian influenza or Newcastle disease is diagnosed in any of the birds in the quar antine facility, continuous guarding of the facility with personnel from a bonded secu rity company shall be maintained by the Im porter. The electronic security system if in stalled shall be of the ‘‘silent type’’ and shall be triggered to ring at the monitoring site and not at the facility. The electronic sys tem shall be approved by Underwriter’s Lab oratories. Written instructions shall be provided to the monitoring agency which shall require that upon activation of the alarm, the police and a representative of the Service designated by the Service shall be notified by the moni toring agency. Such instructions, as well as any changes in such instructions, shall be filed in writing with the Administrator. The Importer shall notify the Service whenever a break in security occurs or is suspected of occurring. (15) To not have non-Service personnel in the quarantine area when birds are in the quarantine facility unless Service personnel are present. (16) To have seals of the Service placed on all entrances and exits of the facility when determined necessary by the Service and to take all necessary steps to ensure that such seals are only broken in the presence of Service personnel. (17) To decide what the disposition of a lot of birds will be within 48 hours following offi cial notification that such a lot is infected with or exposed to highly pathogenic avian influenza or Newcastle disease. Final disposi tion of the infected or exposed lot is to be ac complished within 4 working days following official notification. Disposition of the birds will be under the supervision of the Service. (18) To furnish a telephone number or num bers to the Service at which the Importer can be reached on a daily basis or furnish the same for an agent or representative that can act and make decisions on the Importer’s be half. (19) To deposit with the Service, upon exe cution of this agreement, a money order or cashier’s check, in an amount determined by the Administrator to be sufficient to defray all costs incurred by the Service in providing services required. If such costs exceed the de posited amount, the importer will pay for ad ditional costs incurred, based on official ac counting records, within 14 days of receipt of the bill showing the balance due. (20) To provide for the maintenance and op eration of the quarantine facility in accord ance with standards for quarantine facilities and handling procedures for importation of birds contained in title 9, Code of Federal Regulations, § 93.106(c). (B) The Service agrees: (1) To furnish the services of technical and/ or professional personnel needed to conduct inspections, perform laboratory procedures, complete examinations, and supervise the isolation, quarantine, and care and handling of birds being imported to ensure that they meet the Department’s quarantine require ments before release into the United States. (2) To issue permits 3 working days fol lowing receipt of the permit application, de pending upon the availability of personnel to provide the services required for quarantine and the results of an APHIS representative’s inspection of the quarantine facility. (3) To provide the Importer within 30 days following receipt of a written request from the Importer, with an accounting of funds expended in providing services under para graph (B)(1) of this agreement. Any unobli gated balance upon termination or expira tion of this agreement shall be returned to the Importer. (4) To inform the Importer when a diag nosis of highly pathogenic avian influenza or Newcastle disease has been made in any fa cility. (5) To promptly inform the Embassy or Consulate of the foreign region to which lots of birds, refused entry into the United States due to a diagnosis of highly pathogenic avian influenza or Newcastle disease, are to be shipped. (6) To notify in writing the Importer of any designated employee which the Service be lieves should be suspended from work at the quarantine facility and the basis for such ac tion. Similar notice shall be afforded to the designated employee. Subsequent to such suspension, the designated employee shall have the right to request an immediate re view of such action by the Administrator, in cluding presenting his or her views to the Administrator in an informal conference. If the Administrator makes a final determina tion that grounds existed to suspend such employee, he or she shall notify the Importer and the suspended employee of his or her de cision and such employee shall be discharged by the Importer. (7) Prior to any final determination being made by the Service concerning the dis charge of any designated personnel employed by the Importer, the Service will inform, in writing, the Importer and the designated personnel of the basis for such action. If such VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00443 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 434 9 CFR Ch. I (1–1–18 Edition) § 93.107 12 Import-Export Animals Staff, Veterinary Services, APHIS, USDA, will furnish each importer with copies of exhibits B and C prior to their signing the Cooperative and Trust Fund Agreement. 13 Importations from Canada shall be sub ject to § 93.107, in addition to other sections in this part which are in terms applicable to such importations. person contests such action he or she shall be permitted to present his or her views to the Administrator, provided such request is made within 30 days of the receipt of the aforementioned written notice. If a final de termination is made by the Administrator that such personnel should be discharged, he or she shall notify such personnel and the Importer of such determination. (C) It is mutually understood and agreed: (1) That a maximum capacity will be es tablished for each quarantine lot. This will be based upon the capacity of the quarantine facility to handle the birds. The number of birds on the permits will not exceed this ca pacity. (2) If the seals referred to in paragraph (c)(5)(iii)(A)(16) of this section are broken by other than Service personnel, it will be con sidered a breach in security and an imme diate accounting of all birds in the facility shall be made by the Service. If any birds are determined to be missing from the facility, the quarantine period will be extended for an additional 30-day period. (3) During the performance of this coopera tive work, the Importer agrees to be bound by the equal opportunity and nondiscrimina tion provisions as set forth in exhibit B and nonsegregation of facilities provisions as set forth in exhibit C, 12 which are attached here to and made a part thereof. (4) No member of or delegate to Congress or resident commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise therefrom; but this pro vision shall not be construed to extend to this agreement if made with a corporation of its general benefit. (5) This agreement shall become effective upon date of final signature and shall con tinue until the permitted lot of birds is re leased from quarantine. This agreement may be amended by agreement of the parties in writing. It may be terminated by either party upon 30 days written notice to the other party. Date lllllllllllllllllllll llllllllllllllllllllllll Importer Date lllllllllllllllllllll llllllllllllllllllllllll Administrator, Animal and Plant Health In spection Service, United States Depart ment of Agriculture (d) Charges for services. The charges to be borne by the importer for services provided for quarantine facilities ap proved in accordance with paragraph (c) of this section shall be: (1) The appropriate GS hourly rate (including appropriate premium pay in accordance with 5 U.S.C. 5541–5549) of the employee who actually performs the service, including his or her travel time and his or her travel expenses: Provided, however, Such time and travel expense shall not exceed the time and travel expense to and from his or her official duty station; (2) All applicable user fees, as listed in part 130 of this chapter; and (3) A surcharge for overhead based on the most current historical data avail able showing the percentage of APHIS funds expended for administrative sup port. (e) Requirements of other Federal laws and regulations, such as the De partment’s Animal Welfare Regula tions in subchapter A of this chapter shall also apply as applicable to the quarantine facilities. [55 FR 31495, Aug. 2, 1990. Redesignated at 62 FR 56012, Oct. 28, 1997] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 93.106, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. CANADA 13 § 93.107 Special provisions. (a) In-bond shipments from Canada. Birds from Canada transported in-bond through the United States for imme diate export shall be inspected at the border port of entry and, when accom panied by an import permit obtained under § 93.103 of this part and all condi tions therein are observed, shall be al lowed entry into the United States and shall be otherwise handled as provided in paragraph (d) of § 93.101. (b) Ratites from Canada. Ratites that were hatched and raised in Canada or ratites that were legally imported into Canada and, upon arrival in Canada, were quarantined for a minimum of 28 days at a Canadian quarantine facility VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00444 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 435 Animal and Plant Health Inspection Service, USDA § 93.200 and remained in Canada for an addi tional 60 days following completion of quarantine may be imported into the United States: (1) Without being quarantined upon arrival in the United States; and (2) At any of the following ports of entry: Anchorage, AK; Fairbanks, AK; Los Angeles, CA; San Diego, CA; Den ver, CO; Miami, FL; Tampa, FL; At lanta, GA; Eastport, ID; Chicago, IL; New Orleans, LA; Boston, MA; Balti more, MD; Houlton, ME; Jackman, ME; Detroit, MI; Port Huron, MI; Sault Ste. Marie, MI; Minneapolis, MN; Raymond, MT; Sweetgrass, MT; Buffalo, NY; Champlain, NY; New York, NY; Stew art Airport, Newburgh, NY; Dunseith, ND; Pembina, ND; Portal, ND; Port land, OR; San Juan, PR; Houston, TX; Highgate Springs, VT; Seattle, WA; and Sumas, WA; and (3) If offered for entry at a Canadian land border port listed in § 93.203(b), without an import permit; and (4) If consigned directly to slaughter from the port of entry, without being treated for ectoparasites within 3 to 14 days before shipment to the United States, as otherwise required by § 93.104(c)(8); and (5) If in compliance with all of the applicable regulations of the U.S. Fish and Wildlife Service contained in Title 50, subchapter B, of the Code of Federal Regulations. (c) Ratite eggs from Canada. Hatching eggs of ratites that were laid in Canada may be imported into the United States: (1) Without being quarantined upon arrival in the United States; and (2) At any of the ports of entry listed in paragraph (b)(2) of this section or authorized by § 93.105(a); and (3) If offered for entry at a Canadian land border port listed in § 93.203(b), without an import permit; and (4) If in compliance with all of the applicable regulations of the U.S. Fish and Wildlife Service contained in Title 50, subchapter B, of the Code of Federal Regulations. [55 FR 31495, Aug. 2, 1990, as amended at 61 FR 68126, Dec. 27, 1996. Redesignated and amended at 56012, 56015, Oct. 28, 1997; 65 FR 38178, June 20, 2000; 67 FR 68022, Nov. 8, 2002] Subpart B—Poultry § 93.200 Definitions. Wherever in this subpart the fol lowing terms are used, unless the con text otherwise requires, they shall be construed, respectively, to mean: Accredited veterinarian. A veteri narian approved by the Administrator in accordance with the provisions of part 161 of this title to perform func tions specified in parts 1, 2, 3, and 11 of subchapter A, and subchapters B, C, and D of this chapter, and to perform functions required by cooperative state-federal disease control and eradi cation programs. Administrator. The Administrator of the Animal and Plant Health Inspec tion Service or any other employee of the Animal and Plant Health Inspec tion Service, United States Depart ment of Agriculture, to whom author ity has been or may be delegated to act in the Administrator’s stead. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS or Service). Animals. Cattle, sheep, goats, other ruminants, swine, horses, asses, mules, zebras, dogs, and poultry. Commercial poultry. Chickens, doves, ducks, geese, grouse, guinea fowl, par tridges, pea fowl, pheasants, pigeons, quail, swans, and turkeys (including eggs for hatching) which are imported for resale, breeding, public display, or any other commercial purpose. Communicable disease. Any con tagious, infectious, or communicable disease of domestic livestock, poultry or other animals. Department. The United States De partment of Agriculture (USDA). Fever tick. Boophilus annulatus, in cluding, but not limited to, the vari eties Americana and Australia. Highly pathogenic avian influenza (HPAI). Highly pathogenic avian influ enza is defined as follows: (1) Any influenza virus that kills at least 75 percent of eight 4- to 6-week old susceptible chickens within 10 days following intravenous inoculation with 0.2 mL of a 1:10 dilution of a bacteria free, infectious allantoic fluid or inocu lation of 10 susceptible 4- to 8-week-old VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00445 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 436 9 CFR Ch. I (1–1–18 Edition) § 93.201 1 The name of recognized slaughtering es tablishments approved under this part may be obtained from the Area Veterinarian in Charge, Veterinary Services, for the State of destination of the shipment. 2 Importations of certain animals from var ious regions are absolutely prohibited under part 94 because of specific diseases. chickens resulting in an intravenous pathogenicity index (IVPI) of greater than 1.2; (2) Any H5 or H7 virus that does not meet the criteria in paragraph (1) of this definition, but has an amino acid sequence at the haemagglutinin cleav age site that is compatible with highly pathogenic avian influenza viruses; or (3) Any influenza virus that is not an H5 or H7 subtype and that kills one to five out of eight inoculated chickens and grows in cell culture in the absence of trypsin within 10 days. Immediate slaughter. Consignment di rectly from the port of entry to a rec ognized slaughtering establishment 1 and slaughter thereat within two weeks from the date of entry. Inspector. An employee of the Animal and Plant Health Inspection Service authorized to perform duties required under this subpart. Operator. For the purpose of § 93.209, any person operating an approved quar antine facility. Performing or theatrical poultry. Poul try which are to be used in shows, the atrical acts or performances only. Port veterinarian. A veterinarian em ployed by the Animal and Plant Health Inspection Service to perform duties required under this part at a port of entry. Poultry. Chickens, doves, ducks, geese, grouse, guinea fowl, partridges, pea fowl, pheasants, pigeons, quail, swans, and turkeys (including eggs for hatching). Quarantine facility. A USDA facility, or a private facility approved by APHIS, for the secure housing of im ported birds, poultry, or other animals for specified periods. Region. Any defined geographic land area identifiable by geological, polit ical, or surveyed boundaries. A region may consist of any of the following: (1) A national entity (country); (2) Part of a national entity (zone, county, department, municipality, par ish, Province, State, etc.) (3) Parts of several national entities combined into an area; or (4) A group of national entities (coun tries) combined into a single area. Swine. The domestic hog and all vari eties of wild hogs. United States. All of the States of the United States, the District of Colum bia, Guam, Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and all other Territories and Possessions of the United States. Veterinary services. The Veterinary Services unit of the Department. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56015, Oct. 28, 1997; 79 FR 71005, Dec. 1, 2014] § 93.201 General prohibitions; excep tions. (a) No poultry or product subject to the provisions of this part shall be brought into the United States except in accordance with the regulations in this part and part 94 of this sub chapter; 2 nor shall any such poultry or product be handled or moved after physical entry into the United States before final release from quarantine or any other form of governmental deten tion except in compliance with such regulations; Provided, That, the Admin istrator may upon request in specific cases permit poultry or products to be brought into or through the United States under such conditions as he or she may prescribe, when he or she de termines in the specific case that such action will not endanger the livestock or poultry of the United States. Unless otherwise indicated in the regulations, no live poultry, and no hatching eggs from poultry, shall be imported into the United States if the poultry have originated from a region referenced in § 94.6(a) of this subchapter where highly pathogenic avian influenza or New castle disease is known to exist in com mercial poultry populations, have transited highly pathogenic avian influenza- or Newcastle disease-af fected regions, or have been vaccinated for the H5 or H7 subtype of avian influ enza. (b) The provisions in this part 93 re lating to poultry shall not apply to VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00446 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 437 Animal and Plant Health Inspection Service, USDA § 93.201 3 Such permit may be obtained from the Animal and Plant Health Inspection Service, Veterinary Services, National Center for Im port-Export, 4700 River Road Unit 38, River dale, Maryland 20737–1231. Requests for ap proval of such facilities should also be made to the Deputy Administrator. 4 See footnote 3 in subpart B. healthy poultry not known to be in fected with or exposed, within the 90 days preceding the date of export from the region of origin, to communicable diseases of poultry, if an import per mit 3 has been obtained under § 93.204 of this chapter and all conditions therein are observed; and if such poultry are handled as follows: (1)(i) They are maintained under con tinuous confinement in transit through the United States aboard an aircraft, ocean vessel, or other means of convey ance; or (ii) Except for poultry in transit through Anchorage, Alaska, under § 93.204(c) of this part, which are not al lowed to be unloaded, they are un loaded, in the course of such transit, into an animal or bird holding facility which is provided by the carrier or its agent and has been approved 4 in ad vance by the Administrator in accord ance with paragraph (b)(3) of this sec tion as adequate to prevent the spread within the United States of any live stock or poultry disease, and they are maintained there under continuous confinement until loaded aboard a means of conveyance for transpor tation from the United States and are maintained under continuous confine ment aboard such means of conveyance until it leaves the United States; the import permit will specify any addi tional conditions necessary to assure that the transit of the poultry through the United States can be made without endangering the livestock or poultry of the United States, and that Depart ment inspectors may inspect the poul try on board such means of conveyance or in such holding facility to ascertain whether the requirements of this para graph are met, and dispose of them in accordance with the Animal Health Protection Act (7 U.S.C. 8301 et seq.) if such conditions are not met; and (2) The carrier or its agent executes and furnishes to the collector of Cus toms at the first port of arrival a dec laration stating that the poultry will be retained aboard such means of con veyance or in an approved holding fa cility during transshipment as required by this paragraph. (3) Provisions for the approval of fa cilities required in this paragraph are: (i) They must be sufficiently isolated to prevent direct or indirect contact with all other animals and birds while in the United States. (ii) They must be so constructed that they provide adequate protection against environmental conditions and can be adequately cleaned, washed and disinfected. (iii) They must provide for disposal of animal and bird carcasses, manure, bedding, waste and any related ship ping materials in a manner that will prevent dissemination of disease. (iv) They must have provisions for adequate sources of feed and water and for attendants for the care and feeding of poultry in the facility. (v) They must comply with addi tional requirements as may be imposed by the Administrator if deemed appli cable for a particular shipment. (vi) They must also comply with all applicable local, State and Federal re quirements for environmental quality and with the provisions of the Animal Welfare Regulations in chapter I of this title, as applicable. (c) Performing or theatrical poultry re turning to the United States. (1) Per forming or theatrical poultry of United States origin that are returning to the United States from Canada or Mexico may be imported if: (i) The poultry are found upon port of entry veterinary inspection to be free of poultry diseases; and (ii) The poultry are accompanied by a United States veterinary health certifi cate issued prior to the departure of the poultry from the United States and the certificate shows the number from the leg band, tattoo, or microchip af fixed to the poultry prior to departure; and (iii) During port of entry veterinary inspection it is determined that the number from the leg band, tattoo, or microchip on the poultry is the same as the one listed on the health certifi cate. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00447 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 438 9 CFR Ch. I (1–1–18 Edition) § 93.202 (2) Except for performing or theat rical poultry that have been in any re gion where highly pathogenic avian in fluenza exists, which are subject to the provisions of paragraph (c)(3) of this section, performing or theatrical poul try of United States origin that have been outside the United States in a re gion other than Canada or Mexico may be imported if: (i) The poultry meet the require ments of paragraphs (c)(1)(i) through (iii) of this section; and (ii) The poultry are accompanied by an import permit issued by APHIS; and (iii) The owner importing the poultry signs and furnishes to the Adminis trator the following: (A) A notarized declaration under oath or affirmation (or a statement signed by the owner and witnessed by a Department inspector) stating that the poultry have not been in contact with poultry or other birds while out of the region (for example, association with other avian species at exhibitions or at aviaries); and (B) An agreement on VS Form 17–8, obtainable from a Federal inspector at the port of entry, stating: (1) That the poultry will be main tained in confinement in his or her per sonal possession separate and apart from all poultry and other birds for a minimum of 30 days following importa tion at the address where the poultry are to be held and made available for health inspection and testing by De partment inspectors upon request until released at the end of such period by such an inspector; and (2) That appropriate Federal officials in the State of destination will be im mediately notified if any signs of dis ease are noted in any of the poultry or any poultry die during that period. The owner importing such poultry must comply with the provisions of the aforementioned agreement before the poultry may be released from confine ment. (3) Any performing or theatrical poultry of United States origin that have been in any region listed in § 94.6(d) of this subchapter as a region where highly pathogenic avian influ enza exists may only be imported through the port of Los Angeles, CA, Miami, FL, or New York, NY, and only under the following conditions: (i) The poultry meet the require ments of paragraphs (c)(1)(i) through (iii) of this section; and (ii) The poultry are accompanied by an import permit issued by APHIS; and (iii) The poultry are quarantined for a minimum of 30 days, and for such longer period as may be required by the Administrator in any specific case, at a quarantine facility maintained by APHIS in accordance with §§ 93.209 and 93.210. (d) The provisions in this part relat ing to poultry shall not be applicable to performing or theatrical poultry. (e) Pigeons, doves, and other Columbiform species that have origi nated from or transited regions where highly pathogenic avian influenza is considered to exist may be imported into the United States under permit and controlled conditions to approved establishments subject to all applica ble requirements in this part. (Approved by the Office of Management and Budget under control number 0579–0245) [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 56012, 56015, Oct. 28, 1997; 68 FR 6344, Feb. 7, 2003; 69 FR 25825, May 10, 2004; 76 FR 4053, Jan. 24, 2011; 79 FR 71005, Dec. 1, 2014] § 93.202 Inspection of certain aircraft and other means of conveyance and shipping containers thereon; un loading, cleaning, and disinfection requirements. (a) Inspection: All aircraft and other means of conveyance (including ship ping containers thereon) moving into the United States from any foreign re gion are subject to inspection without a warrant by properly identified and designated inspectors to determine whether they are carrying any animal, carcass, product or article regulated or subject to disposal under any law or regulation administered by the Sec retary of Agriculture for prevention of the introduction or dissemination of any communicable animal disease. (b) Unloading requirements: Whenever in the course of any such inspection at any port in the United States the in spector has reason to believe that the means of conveyance or container is contaminated with material of animal VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00448 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 439 Animal and Plant Health Inspection Service, USDA § 93.203 (including poultry) origin, such as, but not limited to, meat, organs, glands, extracts, secretions, fat, bones, blood, lymph, urine, or manure, so as to present a danger of the spread of any communicable animal disease, the in spector may require the unloading of the means of conveyance and the emptying of the container if he or she deems it necessary to enable him or her to determine whether the means of conveyance or container is in fact so contaminated. The principal operator of the means of conveyance and his or her agent in charge of the means of conveyance shall comply with any such requirement under the immediate su pervision of, and in the time and man ner prescribed by, the inspector. (c) Cleaning and disinfection: When ever, upon inspection under this sec tion, an inspector determines that a means of conveyance or shipping con tainer is contaminated with material of animal origin so as to present a dan ger of the spread of any communicable animal disease, he or she shall notify the principal operator of the means of conveyance or his or her agent in charge, of such determination and the requirements under this section. The person so notified shall cause the cleaning and disinfection of such means of conveyance and container under the immediate supervision of, and in the time and manner prescribed by, the inspector. (d) For purposes of this section, the term ‘‘shipping container’’ means any container of a type specially adapted for use in transporting any article on the means of conveyance involved. [55 FR 31495, Aug. 2, 1990, as amended at 59 FR 67614, Dec. 30, 1994. Redesignated and amended at 62 FR 56012, 56015, Oct. 28, 1997; 68 FR 6344, Feb. 7, 2003] § 93.203 Ports designated for the im portation of poultry. (a) Air and ocean ports. The following ports have APHIS inspection and quar antine facilities necessary for quar antine stations and all poultry shall be entered into the United States through these stations, except as provided in paragraphs (b), (c), (d) and (e) of this section: Los Angeles, California; Miami, Florida; and Newburgh, New York. (b) Canadian border ports. The fol lowing land border ports are designated as having the necessary inspection fa cilities for the entry of poultry from Canada: Eastport, Idaho; Houlton and Jackman, Maine; Detroit, Port Huron, and Sault Ste. Marie, Michigan; Baudette, Minnesota; Opheim, Ray mond, and Sweetgrass, Montana; Alex andria Bay, Buffalo, and Champlain, New York; Dunseith, Pembina, and Portal, North Dakota; Derby Line and Highgate Springs, Vermont; Oroville and Sumas, Washington. (c) Mexican border ports. The fol lowing land border ports are designated as having the necessary inspection fa cilities for the entry of poultry from Mexico: Brownsville, Hidalgo, Laredo, Eagle Pass, Del Rio, Presidio, and El Paso, Texas; Douglas, Naco, Nogales, Sasabe, and San Luis, Arizona; Calexico and San Ysidro, California; and Antelope Wells, and Columbus, New Mexico. (d) Limited ports. The following ports are designated as having inspection fa cilities for the entry of poultry and poultry products such as poultry test specimens, or hatching eggs and day old chicks which do not appear to re quire restraint and holding inspection facilities: Anchorage and Fairbanks, Alaska; San Diego, California; Jack sonville, Port Canaveral, St. Peters burg-Clearwater, and Tampa, Florida; Atlanta, Georgia; Honolulu, Hawaii; Chicago, Illinois; New Orleans, Lou isiana; Portland, Maine; Baltimore, Maryland; Minneapolis, Minnesota; Great Falls, Montana; Portland, Or egon; San Juan, Puerto Rico; Gal veston and Houston, Texas; and Se attle, Spokane, and Tacoma, Wash ington. (e) Designation of other ports. The Sec retary of the Treasury has approved the designation as quarantine stations of the ports specified in this section. In special cases other ports may be des ignated as quarantine stations under this section by the Administrator, with VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00449 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 440 9 CFR Ch. I (1–1–18 Edition) § 93.204 the concurrence of the Secretary of the Treasury. [55 FR 31495, Aug. 2, 1990, as amended at 58 FR 37642, July 13, 1993; 60 FR 16045, Mar. 29, 1995; 60 FR 25120, May 11, 1995. Redesignated at 56012, Oct. 28, 1997, as amended at 65 FR 38178, June 20, 2000; 67 FR 6370, Feb. 12, 2002; 67 FR 68022, Nov. 8, 2002] § 93.204 Import permits for poultry and for poultry test specimens for diagnostic purposes; and reserva tion fees for space at quarantine fa cilities maintained by APHIS. (a) Application for permit; reservation required. (1) For poultry and poultry test specimens for diagnostic screening purposes, intended for importation from any part of the world, except as otherwise provided for in §§ 93.204(c), 93.214, 93.217, and 93.218, the importer shall first apply for and obtain from APHIS an import permit. The applica tion shall specify the name and address of the importer; the species, breed, number or quantity of poultry or poul try test specimens to be imported; the purpose of the importation; the region of origin; the name and address of the exporter; the port of embarkation in the foreign region; the mode of trans portation, route of travel, and the port of entry in the United States; the pro posed date of arrival of the poultry or poultry test specimens to be imported; and the name of the person to whom the poultry or poultry test specimens will be delivered and the location of the place in the United States to which delivery will be made from the port of entry. Additional information may be required in the form of certificates concerning specific diseases to which the poultry are susceptible, as well as vaccinations or other precautionary treatments to which the poultry or poultry test specimens have been sub jected. Notice of any such requirement will be given to the applicant in each case. (2) An application for permit to im port poultry may also be denied be cause of: Communicable disease condi tions in the area or region of origin, or in a region where the shipment has been or will be held or through which the shipment has been or will be trans ported; deficiencies in the regulatory programs for the control or eradication of animal diseases and the unavail ability of veterinary services in the above mentioned regions; the import er’s failure to provide satisfactory evi dence concerning the origin, history, and health status of the poultry; the lack of satisfactory information nec essary to determine that the importa tion will not be likely to transmit any communicable disease to livestock or poultry of the United States; or any other circumstances which the Admin istrator believes require such denial to prevent the dissemination of any com municable disease of livestock or poul try into the United States. (3)(i) The importer or importer’s agent shall pay or ensure payment of a reservation fee for each lot of poultry to be quarantined in a facility main tained by USDA. For poultry, the res ervation fee shall be 100 percent of the cost of providing care, feed, and han dling during quarantine, as estimated by the quarantine facility’s veteri narian in charge. (ii) At the time the importer or the importer’s agent requests a reservation of quarantine space, the importer or importer’s agent shall pay the reserva tion fee by check or U.S. money order or ensure payment of the reservation fee by an irrevocable letter of credit from a commercial bank (the effective date on such letter of credit shall run to 30 days after the date the poultry are scheduled to be released from quar antine); except that anyone who issues a check to the Department for a res ervation fee which is returned because of insufficient funds shall be denied any further request for reservation of a quarantine space until the outstanding amount is paid. (iii) Any reservation fee paid by check or U.S. money order shall be ap plied against the expenses incurred for services received by the importer or importer’s agent in connection with the quarantine for which the reserva tion was made. Any part of the reserva tion fee which remains unused after being applied against the expenses in curred for services received by the im porter or the importer’s agent in con nection with the quarantine for which the reservation was made, shall be re turned to the individual who paid the reservation fee. If the reservation fee is VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00450 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 441 Animal and Plant Health Inspection Service, USDA § 93.204 5 The addresses of USDA quarantine facili ties may be found in telephone directories listing the facilities or by contacting the Animal and Plant Health Inspection Service, Veterinary Services, National Center for Im port-Export, 4700 River Road Unit 38, River dale, Maryland 20737–1231. ensured by a letter of credit, the De partment will draw against the letter of credit unless payment for services received by the importer or importer’s agent in connection with the quar antine is otherwise made at least 3 days prior to the expiration date of the letter of credit. (iv) Any reservation fee shall be for feited if the importer or the importer’s agent fails to present for entry, within 24 hours following the designated time of arrival, the lot of poultry for which the reservation was made: Except that a reservation fee shall not be forfeited if: (A) Written notice of cancellation from the importer or the importer’s agent is received by the office of the veterinarian in charge of the quar antine facility 5 during regular business hours (8:00 a.m. to 4:30 p.m., Monday through Friday, excluding holidays) no later than 15 days prior to the begin ning of the time of importation as specified in the import permit or as ar ranged with the veterinarian in charge of the quarantine facility if no import permit is required (the 15 day period shall not include Saturdays, Sundays, or holidays), or (B) The Administrator determines that services, other than provided by carriers, necessary for the importation of the poultry within the requested pe riod are unavailable because of unfore seen circumstances as determined by the Administrator, (such as the closing of an airport due to inclement weather or the unavailability of the reserved space due to the extension of another quarantine). (v) If the reservation fee was ensured by a letter of credit and the fee is to be forfeited under paragraph (a)(3)(iv) of this section, the Department will draw against the letter of credit unless the reservation fee is otherwise paid at least 3 days prior to the expiration date of the letter of credit. (vi) When a reservation is cancelled in accordance with paragraph (a)(3)(iv)(A) of this section and the pro visions of paragraph (a)(3)(iv)(B) of this section do not apply, a $40.00 cancella tion fee shall be charged. If a reserva tion fee was paid, the cancellation fee shall be deducted from any reservation fee returned to the importer or the im porter’s agent. If the reservation fee was ensured by a letter of credit, the Department will draw the amount of the cancellation fee against the letter of credit unless the cancellation fee is otherwise paid at least 3 days prior to the expiration date of the letter of credit. (b) Permit. Except as provided in paragraph (c) of this section, when a permit is issued, the original and two copies will be sent to the importer. It shall be the responsibility of the im porter to forward the original permit and one copy to the shipper in the re gion of origin, and it shall also be the responsibility of the importer to insure that the shipper presents the copy of the permit to the carrier and makes proper arrangements for the original permit to accompany the shipment to the specified U.S. port of entry for presentation to the collector of cus toms. Poultry and poultry test speci mens for diagnostic screening purposes for poultry intended for importation into the United States for which a per mit has been issued, will be received at the specified port of entry within the time prescribed in the permit which shall not exceed 14 days from the first day that the permit is effective for all permits, except that the time pre scribed in permits from the importa tion of poultry shall not exceed 30 days, and for performing or theatrical poultry shall not exceed 90 days. Poul try and poultry test specimens for which a permit is required by these regulations will not be eligible for entry if a permit has not been issued; if unaccompanied by such a permit; if shipment is from any port other than the one designated in the permit; if ar rival in the United States is at any port other than the one designated in the permit; if the poultry or poultry test specimens offered for entry differ from those described in the permit; or if the poultry or poultry test specimens VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00451 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 442 9 CFR Ch. I (1–1–18 Edition) § 93.205 are not handled as outlined in the ap plication for the permit and as speci fied in the permit issued. (c) Notwithstanding any other provi sions in this part, importers are not re quired to obtain an import permit and provide the shipper with an original import permit for each individual ship ment of poultry or pigeons transiting the port of Anchorage, Alaska, if the following conditions are met: (1) The importer applies for and ob tains an import permit for multiple shipments of poultry or pigeons transiting the port of Anchorage, Alas ka, in accordance with the provisions of this section and related require ments concerning application for the permit. However, the following infor mation is not required on the applica tion: (i) The species, breed, and number of poultry or pigeons to be imported; (ii) The individual poultry identifica tion; (iii) The region of origin; (iv) The name and address of the ex porter; (v) The port of embarkation in the foreign region; (vi) The mode of transportation and the route of travel; (vii) The proposed date of arrival of the poultry or pigeons; and (viii) The name and address of the person to whom the poultry or pigeons will be delivered. (2) The importer completes a copy of the import permit obtained under para graph (c)(1) of this section for each sep arate shipment of poultry or pigeons intended to transit the port of Anchor age, Alaska, by inserting the following information on a copy of the permit: (i) The species, breed, and number of poultry or pigeons to be imported; (ii) The region of origin; (iii) The name and address of the ex porter; (iv) The port of embarkation in the foreign region; (v) The mode of transportation and the route of travel; (vi) The proposed date of arrival of the poultry or pigeons; and (vii) The name and address of the per son to whom the poultry or pigeons will be delivered. (3) The importer, not less than 2 weeks prior to the anticipated date of arrival of each separate intransit ship ment of poultry or pigeons at the port of Anchorage, Alaska, provides the port veterinarian with a copy of the completed import permit; (4) A copy of the completed import permit accompanies each separate intransit shipment of poultry or pi geons to the port of Anchorage, Alas ka; (5) Import permits issued for mul tiple shipments of poultry or pigeons transiting the port of Anchorage, Alas ka, will be valid only during the cal endar year in which they are issued. [55 FR 31495, Aug. 2, 1990, as amended at 59 FR 67614, Dec. 30, 1994. Redesignated and amended at 56012, 56015, Oct. 28, 1997] § 93.205 Certificate for live poultry and hatching eggs. (a) Live poultry. (1) All live poultry, except eggs for hatching, offered for importation from any region of the world shall be accompanied by a cer tificate stating that such poultry and their flock or flocks of origin were in spected on the premises of origin im mediately before the date of movement from such region and that they were then found to be free of evidence of communicable diseases of poultry. The certificate shall also state that, as far as it has been possible to determine, during the 90 days prior to movement, the poultry were not exposed to com municable diseases of poultry and the premises were not in any area under quarantine. The certificate shall also state that the poultry have not been vaccinated with a vaccine for the H5 or H7 subtype of avian influenza. The cer tificate shall also state that the poul try have been kept in the region from which they are offered for importation since they were hatched, or for at least 90 days immediately preceding the date of movement, that the poultry have not originated from or have been moved through a region referenced in § 94.6(a) of this subchapter as a region where any form of highly pathogenic influenza exists, and that, as far as it has been possible to determine, no case of highly pathogenic avian influenza or Newcastle disease occurred on the premises where such poultry were kept, VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00452 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 443 Animal and Plant Health Inspection Service, USDA § 93.207 or on adjoining premises, during that 90-day period. The certificate must also state that the birds were placed into new or appropriately sanitized pack aging materials at the premises from which the birds were to be exported. (2) Live poultry certificates accom panying pigeons, doves, and other Columbiform species that have origi nated from or been moved through re gions where highly pathogenic avian influenza is considered to exist must additionally state that the Columbiform species have been moved and handled under conditions specified on the import permit ensuring that their movement and handling involved no direct or indirect exposure to other animals, birds, and poultry. (b) Hatching eggs. All eggs for hatch ing offered for importation from any part of the world shall be accompanied by a certificate stating that the flock or flocks of origin were found upon in spection to be free from evidence of communicable diseases of poultry, the hatching eggs are from poultry that have not been vaccinated with a vac cine for the H5 or H7 subtype of avian influenza, that during the 90 days prior to movement, the flock or flocks of ori gin were not exposed to communicable diseases of poultry and the premises were not in any area under quarantine, and that the hatching eggs and the flock or flocks of origin have not origi nated in or been moved through a re gion referenced in accordance with § 94.6(a) of this subchapter as a region where any form of highly pathogenic avian influenza exists. The certificate must also state that the hatching eggs were placed into new or appropriately sanitized packaging materials at the premises from which the hatching eggs were to be exported. (c) Nature of certificate. The certifi cate required by this section shall be issued by a salaried veterinary officer of the national government of the re gion of origin, or if the articles are ex ported from Mexico, may alternatively be issued by a veterinarian accredited by the National Government of Mexico and endorsed by a full-time salaried veterinary officer of the National Gov ernment of Mexico, thereby rep resenting that the veterinarian issuing the certificate was authorized to do so. [76 FR 4053, Jan. 24, 2011, as amended at 78 FR 19083, Mar. 29, 2013; 79 FR 71006, Dec. 1, 2014] § 93.206 Declaration and other docu ments for poultry. (a) The certificates, declarations, and affidavits required by the regulations in this part shall be presented by the importer or his or her agent to the col lector of customs at the port of entry, upon arrival of poultry at such port, for the use of the veterinary inspector at the port of entry. (b) For all poultry offered for impor tation, the importer or his or her agent shall first present two copies of a dec laration which shall list the port of entry, the name and address of the im porter, the name and address of the broker, the origin of the poultry, the number, breed, species, and purpose of the importation, the name of the per son to whom the poultry will be deliv ered, and the location of the place to which such delivery will be made. (c) Any declaration, permit, or other document for poultry required under this subpart may be issued and pre sented using a U.S. Government elec tronic information exchange system or other authorized method. [55 FR 31495, Aug. 2, 1990, as amended at 81 FR 40151, June 21, 2016] § 93.207 Inspection at the port of entry. Inspection shall be made at the port of entry of all poultry imported from any part of the world except as pro vided in §§ 93.215 and 93.220. All poultry found to be free from communicable disease and not to have been exposed thereto within 90 days prior to their exportation to the United States shall be admitted subject to the other provi sions in this part; all other poultry shall be refused entry. Poultry refused entry, unless exported within a time fixed in each case by the Adminis trator, and in accordance with other provisions he or she may require in each case for their handling shall be disposed of as the Administrator may direct. Such portions of the trans porting vessel, and of its cargo, which have been exposed to any such poultry VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00453 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 444 9 CFR Ch. I (1–1–18 Edition) § 93.208 or their emanations shall be dis infected in such manner as may be con sidered necessary by the inspector in charge at the port of entry, to prevent the introduction or spread of livestock or poultry disease, before the cargo is allowed to land. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 56012, 56015, Oct. 28, 1997; 68 FR 6344, Feb. 7, 2003] § 93.208 Articles accompanying poul try. No litter or manure, fodder or other aliment, nor any equipment such as boxes, buckets, ropes, chains, blankets, or other things used for or about poul try governed by the regulations this part, shall be landed from any convey ance except under such restrictions as the inspector in charge at the port of entry shall direct. § 93.209 Quarantine requirements. (a) Poultry, other than eggs for hatching, imported, except as provided in § 93.216 of this part, shall be quar antined for not less than 30 days, counting from the date of arrival at the port of entry. During their quar antine, such poultry shall be subject to any inspections, disinfections, and tests as may be required by the Admin istrator, to determine their freedom from communicable diseases of poul try, and their freedom from exposure to such diseases. (b) Poultry eggs for hatching im ported, except from regions designated in § 94.6(a) of this subchapter as free of Newcastle disease and highly patho genic avian influenza, shall be quar antined from time of arrival at the port of entry until hatched and the poultry from such eggs shall remain quarantined for not less than 30 days following hatch. During their quar antine, such eggs for hatching and poultry from such eggs shall be subject to any inspections, disinfections, and tests as may be required by the Admin istrator, to determine their freedom from communicable diseases of poul try. [55 FR 31495, Aug. 2, 1990, as amended at 61 FR 56891, Nov. 5, 1996. Redesignated and amended at 62 FR 56012, 56015, Oct. 28, 1997; 76 FR 4054, Jan. 24, 2011; 78 FR 19083, Mar. 29, 2013] § 93.210 Poultry quarantine facilities. (a) Privately operated quarantine facili ties. The importer, or his or her agent, of poultry subject to quarantine under the regulations in this part shall ar range for acceptable transportation to the privately operated quarantine fa cility and for the care, feed, and han dling of the poultry from the time of unloading at the quarantine port to the time of release from quarantine. Such arrangements shall be agreed to in ad vance by the Administrator. All ex penses resulting therefrom or incident thereto shall be the responsibility of the importer; APHIS assumes no re sponsibility with respect thereto. The quarantine facility must be suitable for the quarantine of such poultry and must be approved by the Administrator prior to the issuance of any import per mit. The facilities occupied by poultry should be kept clean and sanitary to the satisfaction of the inspector as signed to supervise the quarantine. If for any cause the care, feed, or han dling of poultry, or the sanitation of the facilities, is neglected, in the opin ion of the inspector assigned to super vise the quarantine, such services may be furnished by APHIS in the same manner as though arrangements had been made for such services as provided by paragraph (b) of this section, and/or the poultry may be disposed of as the Administrator, may direct, including sale in accordance with the procedure described in paragraph (b) of this sec tion. The importer, or his or her agent, shall request in writing such inspection and other services as may be required, and shall waive all claim against the United States and APHIS or any em ployee of APHIS for damages which may arise from such services. The Ad ministrator may prescribe reasonable rates for the services provided under this paragraph. When it is found nec essary to extend the usual minimum quarantine period, the importer, or his or her agent, shall be so advised in writing and shall pay for such addi tional quarantine and other services required. Payment for all services re ceived by the importer, or his or her agent, in connection with each sepa rate lot of poultry shall be made by certified check or U.S. money order prior to release of the poultry. If such VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00454 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 445 Animal and Plant Health Inspection Service, USDA ยง 93.213 payment is not made, the poultry may be sold in accordance with the proce dure described in paragraph (b) of this section, or otherwise disposed of as di rected by the Administrator. (b) Quarantine facilities maintained by APHIS. The importer, or his or her agent, of poultry subject to quarantine under the regulations in this part shall arrange for acceptable transportation to the quarantine facility, and for the care, feed, and handling of the poultry from the time they arrive at the quar antine port to the time of release from quarantine. Such arrangements shall be agreed to in advance by the Admin istrator. The importer or his or her agent shall request in writing such in spection and other services as may be required, and shall waive all claim against the United States and APHIS or any employee of APHIS, for dam ages which may arise from such serv ices. All expenses resulting therefrom or incident thereto shall be the respon sibility of the importer; APHIS as sumes no responsibility with respect thereto. The Administrator may pre scribe reasonable rates for the services provided under this paragraph. When it is found necessary to extend the usual minimum quarantine period, the im porter, or his or her agent, shall be so advised in writing and shall pay for such additional quarantine and other services required. Payment for services received by the importer, or his or her agent, in connection with each sepa rate lot of poultry shall be made by certified check or U.S. money order prior to release of the poultry. If such payment is not made, the poultry may be sold in accordance with the proce dure described in this paragraph or otherwise disposed of as directed by the Administrator. When payment is not made and the poultry are to be sold to recover payment for services received, the importer, or his or her agent, will be notified by the inspector that if said charges are not immediately paid or satisfactory arrangements made for payment, the poultry will be sold at public sale to pay the expense of care, feed, and handling during that period. The sale will be held after the expira tion of the quarantine period, at such time and place as may be designated by the General Services Administration or other designated selling agent. The proceeds of the sale, after deducting the charges for care, feed, and handling of the poultry and other expenses, in cluding the expense of the sale, shall be held in a Special Deposit Account in the United States Treasury for 6 months from the date of sale. If not claimed by the importer, or his or her agent, within 6 months from the date of sale, the amount so held shall be transferred from the Special Deposit Account to the General Fund Account in the United States Treasury. (c) Amounts collected from the im porter, or his or her agent, for service rendered shall be deposited so as to be available for defraying the expenses in volved in this service. ยง 93.211 Quarantine stations, visiting restricted; sales prohibited. Visitors shall not be admitted to the quarantine enclosure during any time that poultry are in quarantine except that an importer (or his or her accred ited agent or veterinarian) may be ad mitted to the yards and buildings con taining his or her quarantined poultry at such intervals as may be deemed necessary, and under such conditions and restrictions as may be imposed, by the inspector in charge of the quar antine station. On the last day of the quarantine period, owners, officers or registry societies, and others having official business or whose services may be necessary in the removal of the poultry may be admitted upon written permission from the said inspector. No exhibition or sale shall be allowed within the quarantine grounds. ยง 93.212 Manure from quarantined poultry. No manure shall be removed from the quarantine premises until the release of the poultry producing same. ยง 93.213 Appearance of disease among poultry in quarantine. If any contagious disease appears among poultry during the quarantine period special precautions shall be taken to prevent spread of the infec tion to other poultry in the quarantine station or to those outside the grounds. The affected poultry shall be disposed VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00455 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 446 9 CFR Ch. I (1–1–18 Edition) § 93.214 6 Importations from Canada shall be sub ject to §§ 93.214 to 93.216, inclusive, in addi tion to other sections in this part which are in terms applicable to such importations. of as the Administrator may direct, de pending upon the nature of the disease. CANADA 6 § 93.214 Import permit and declaration for poultry. (a) For poultry intended for importa tion from Canada, the importer shall first apply for and obtain from APHIS an import permit as provided in § 93.204: Provided, That an import permit is not required for poultry if offered for entry at a land border port designated in § 93.203(b). (b) For all poultry offered for impor tation from Canada, the importer or his or her agent shall present two cop ies of a declaration as provided in § 93.206. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56015, Oct. 28, 1997] § 93.215 Special provisions. (a) In-bond shipments from Canada. (1) Poultry from Canada transported in bond through the United States for im mediate export shall be inspected at the border port of entry and, when ac companied by an import permit ob tained under § 93.204 of this part and all conditions therein are observed, shall be allowed entry into the United States and shall be otherwise handled as pro vided in paragraph (b) of § 93.201. Poul try not accompanied by a permit shall meet the requirements of this part in the same manner as poultry destined for importation into the United States, except that the Administrator may permit their inspection at some other point when he or she finds that such action will not increase the risk that communicable disease of livestock and poultry will be disseminated to the livestock or poultry of the United States. (2) In-transit shipments through Can ada. Poultry originating in the United States and transported directly through Canada may re-enter the United States without Canadian health or test certificates when accompanied by copies of the United States export health certificates properly issued and endorsed in accordance with regula tions in part 91 of this chapter: Pro vided, That, to qualify for entry, the date, time, port of entry, and signature of the Canadian Port Veterinarian that inspected the poultry for entry into Canada shall be recorded on the United States health certificate, or a docu ment containing the information shall be included with the certificate that accompanies the poultry. In all cases it shall be determined by the veterinary inspector at the United States port of entry that the poultry are the identical poultry covered by said certificate. (b) Exhibition poultry. Poultry from the United States which have been ex hibited at the Royal Agricultural Win ter Fair at Toronto or other publicly recognized expositions in Canada, in cluding racing, rodeo, circus, or stage exhibitions in Canada, and have not been in that region for more than 90 days are eligible for return to the United States without Canadian health or test certificates, if they are accom panied by copies of the United States health certificate, issued and endorsed in accordance with the export regula tions contained in part 91 of this chap ter for entry into Canada: Provided, That all poultry offered for re-entry upon examination by the veterinary in spector at the U.S. port of entry, are found by the inspector to be free of communicable diseases and exposure thereto and are determined to be the identical poultry covered by said cer tificates or that they otherwise quali fied for entry into Canada under the Canadian regulations. (Approved by the Office of Management and Budget under control number 0579–0020) [55 FR 31495, Aug. 2, 1990, as amended at 59 FR 67133, Dec. 29, 1994. Redesignated and amended at 62 FR 56012, 56015, Oct. 28, 1997; 81 FR 40151, June 21, 2016] § 93.216 Poultry from Canada. Poultry imported from Canada is not required to meet the requirements of § 93.209 but shall meet all other require ments of this part applicable to poultry or to animals generally. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56015, Oct. 28, 1997] VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00456 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 447 Animal and Plant Health Inspection Service, USDA § 93.220 7 Importations from regions of Central America and the West Indies shall be subject to § 93.217, in addition to other sections in this part, which are in terms applicable to such importations. 8 Importations from Mexico shall be sub ject to §§ 93.218 to 93.220 inclusive, in addition to other sections in this part which are in terms applicable for such importations. CENTRAL AMERICA AND THE WEST INDIES 7 § 93.217 Import permit and declaration for poultry. (a) For poultry intended for importa tion from regions of Central America or of the West Indies, the importer shall first apply for and obtain from APHIS an import permit as provided in § 93.204: Provided, That the Adminis trator, when he or she finds that such action may be taken without endan gering the livestock or poultry indus try of the United States, may, upon re quest by any person, authorize the im portation by such person, without such application or permit, from the British Virgin Islands into the Virgin Islands of the United States, of poultry con signed for immediate slaughter, and such authorization may be limited to a particular shipment or extend to all shipments under this paragraph by such person during a specified period of time. (b) For all poultry offered for impor tation from regions of Central America or of the West Indies, the importer or his or her agent shall present two cop ies of a declaration as provided in § 93.206. (c) All poultry offered for importa tion from regions of Central America and the West Indies shall also meet the additional requirements in §§ 93.205, 93.207, 93.209, and 93.210 to qualify for entry. All poultry which fail to meet these requirements shall be rejected entry and shall be disposed of as di rected by the Administrator in accord ance with applicable laws. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56015, Oct. 28, 1997] MEXICO 8 § 93.218 Import permits and applica tions for inspection for poultry. (a) For poultry intended for importa tion from Mexico, the importer shall first apply for and obtain from APHIS an import permit as provided in § 93.204. (b) For poultry intended for importa tion into the United States from Mex ico, the importer or his or her agent shall deliver to the veterinary inspec tor at the port of entry an application, in writing, for inspection, so that the veterinary inspector and customs rep resentatives may make mutually satis factory arrangements for the orderly inspection of the poultry. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56016, Oct. 28, 1997] § 93.219 Declaration for poultry. For all poultry offered for importa tion from Mexico, the importer or his or her agent shall present two copies of a declaration as provided in § 93.206. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56016, Oct. 28, 1997] § 93.220 Inspection at port of entry. (a) All poultry offered for entry from Mexico, including such poultry in tended for movement through the United States in bond for immediate return to Mexico, shall be inspected at the port of entry, and all such poultry found to be free from communicable disease and fever tick infestation and not to have been exposed thereto, shall be admitted into the United States subject to the other applicable provi sions of this part. Poultry found to be affected with or to have been exposed to a communicable disease, or infested with fever ticks, shall be refused entry. Poultry refused entry, unless exported within a time fixed in each case by the Administrator, shall be disposed of as said Administrator may direct. (b) Poultry covered by paragraph (a) of this section shall be imported through ports designated in § 93.203. [55 FR 31495, Aug. 2, 1990, as amended at 57 FR 12190, Apr. 9, 1992. Redesignated and amended at 62 FR 56012, 56016, Oct. 28, 1997] VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00457 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 448 9 CFR Ch. I (1–1–18 Edition) § 93.300 1 The name of recognized slaughtering es tablishments approved under this part may be obtained from the Area Veterinarian in Charge, Veterinary Services, for the State of destination of the shipment. Subpart C—Horses § 93.300 Definitions. Wherever in this subpart the fol lowing terms are used, unless the con text otherwise requires, they shall be construed, respectively, to mean: Accredited veterinarian. A veteri narian approved by the Administrator in accordance with the provisions of part 161 of this title to perform func tions specified in parts 1, 2, 3, and 11 of subchapter A, and subchapters B, C, and D of this chapter, and to perform functions required by cooperative State-Federal disease control and eradication programs. Administrator. The Administrator of the Animal and Plant Health Inspec tion Service or any other employee of the Animal and Plant Health Inspec tion Service, United States Depart ment of Agriculture, to whom author ity has been or may be delegated to act in the Administrator’s stead. Animals. Cattle, sheep, goats, other ruminants, swine, horses, asses, mules, zebras, dogs, and poultry. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS or Service). APHIS representative. A veterinarian or other individual employed by the Animal and Plant Health Inspection Service, United States Department of Agriculture, who is authorized to per form the services required by this part. Code of practice. A voluntary system of procedures designed to reduce dis ease spread, that is established by the veterinarians and horse industry in a region and that includes procedures for the following: Testing for and treat ment of the diseases, quarantine of horses that are affected with or are suspected of being affected with the disease, certification of whether horses have been affected with or exposed to the disease, and hygiene for personnel conducting treatments and specimen collections. Communicable disease. Any con tagious, infectious, or communicable disease of domestic livestock, poultry or other animals. Department. The United States De partment of Agriculture (USDA). Fever tick. Boophilus annulatus, in cluding, but not limited to, the vari eties Americana and Australia. Horses. Horses, asses, mules, and ze bras. Immediate slaughter. Consignment di rectly from the port of entry to a rec ognized slaughtering establishment 1 and slaughter thereat within two weeks from the date of entry. Inspector. An employee of the Animal and Plant Health Inspection Service authorized to perform duties required under this subpart. Licensed Veterinarian. Any person li censed by any country or political sub division thereof to practice veterinary medicine. Lot. A group of horses that, while held on a premises or conveyance, have had opportunity for physical contact with other horses in the group or with their excrement or discharges at any time during their shipment to the United States. Lot-holding area. That area in a per manent, privately owned quarantine facility in which a single lot of horses is held at one time. Nonquarantine area. That area in a permanent, privately owned quarantine facility that includes offices, storage areas, and other areas outside the quarantine area, and that is off limits to horses, samples taken from horses, and any other objects or substances that have been in the quarantine area during the quarantine of horses. Operator. A person other than the Federal Government who owns or man ages and has responsibility for the services provided by a temporary, pri vately owned quarantine facility or a permanent, privately owned quarantine facility. Permanent, privately owned quarantine facility. A facility that offers quar antine services for horses to the gen eral public on a continuing basis and that is owned and operated by an enti ty other than the Federal Government (also permanent facility). VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00458 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 449 Animal and Plant Health Inspection Service, USDA ยง 93.301 2 See footnote 1 to subpart C. 3 Importations of certain animals from var ious regions are absolutely prohibited under part 94 because of specific diseases. Persons. Any individual, corporation, company, association, firm, partner ship, society or joint stock company. Port Veterinarian. A veterinarian em ployed by the Animal and Plant Health Inspection Service to perform duties required under this part at a port of entry. Quarantine area. That area in a per manent, privately owned quarantine facility that comprises all of the lot holding areas in the facility, and any other areas in the facility that horses have access to, including loading docks for receiving and releasing horses, and any areas used to conduct examina tions of horses and take samples and where samples are processed or exam ined. Recognized slaughtering establishment. 2 An establishment where slaughtering operations are regularly carried on under federal or state inspection and which has been approved by the Animal and Plant Health Inspection Service to receive animals for slaughter under this part. Region. Any defined geographic land area identifiable by geological, polit ical, or surveyed boundaries. A region may consist of any of the following: (1) A national entity (country); (2) Part of a national entity (zone, county, department, municipality, par ish, Province, State, etc.) (3) Parts of several national entities combined into an area; or (4) A group of national entities (coun tries) combined into a single area. State animal health official. The State official responsible for livestock and poultry disease control and eradication programs. Temporary, privately owned quarantine facility. A facility that offers quar antine services for horses imported for a specific event and that is owned and operated by an entity other than the Federal Government (also temporary facility). United States. All of the States of the United States, the District of Colum bia, Guam, Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and all other Territories and Possessions of the United States. Veterinarian in Charge. The veteri nary official of the Animal and Plant Health Inspection Service, United States Department of Agriculture, who is assigned by the Administrator to su pervise and perform the official animal health work of the Animal and Plant Health Inspection Service in the State concerned. Veterinary Services. The Veterinary Services unit of the Department. Weanling or yearling. Any horse, weaned from its dam, that was foaled not more than 731 days prior to its being offered for entry into the United States. A horse will not be considered to be a weanling or yearling if its first permanent incisors have erupted. [55 FR 31495, Aug. 2, 1990, as amended at 56 FR 15489, Apr. 17, 1991; 61 FR 52239, Oct. 7, 1996. Redesignated and amended at 62 FR 56012, 56016, Oct. 28, 1997; 74 FR 31595, July 2, 2009] ยง 93.301 General prohibitions; excep tions. (a) No horse or product subject to the provisions of this part shall be brought into the United States except in ac cordance with the regulations in this part and part 94 of this subchapter; 3 nor shall any such horse or product be handled or moved after physical entry into the United States before final re lease from quarantine or any other form of governmental detention except in compliance with such regulations; Provided, That, the Administrator may upon request in specific cases permit horses to be brought into or through the United States under such condi tions as he or she may prescribe, when he or she determines in the specific case that such action will not endanger the livestock or poultry of the United States. (b) The provisions in this part 93 re lating to horses shall not apply to healthy horses in transit through the United States if they are not known to be infected with or exposed, within 60 days preceding the date of export from the region of origin, to communicable VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00459 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 450 9 CFR Ch. I (1–1–18 Edition) § 93.301 4 Such permit may be obtained from the Animal and Plant Health Inspection Service, Veterinary Services, National Center for Im port-Export, 4700 River Road Unit 38, River dale, Maryland 20737–1231. 5 See footnote 4 to subpart C. diseases of horses if an import permit 4 has been obtained under § 93.304 of this chapter and all conditions therein are observed; and if such horses are han dled as follows: (1)(i) They are maintained under con tinuous confinement in transit through the United States aboard an aircraft, ocean vessel, or other means of convey ance; or (ii) They are unloaded, in the course of such transit, into a horse holding fa cility which is provided by the carrier or its agent and has been approved 5 in advance by the Administrator in ac cordance with paragraph (b)(3) of this section as adequate to prevent the spread within the United States of any livestock or poultry disease, and they are maintained there under continuous confinement until loaded aboard a means of conveyance for transpor tation from the United States and are maintained under continuous confine ment aboard such means of conveyance until it leaves the United States; the import permit will specify any addi tional conditions necessary to assure that the transit of the horses through the United States can be made without endangering the livestock or poultry of the United States, and that Depart ment inspectors may inspect the horses on board such means of conveyance or in such holding facility to ascertain whether the requirements of this para graph are met, and dispose of them in accordance with the Animal Health Protection Act (7 U.S.C. 8301 et seq.) if such conditions are not met; and (2) The carrier or its agent executes and furnishes to the collector of Cus toms at the first port of arrival a dec laration stating that the horses will be retained aboard such means of convey ance or in an approved holding facility during transshipment as required by this paragraph. (3) Provisions for the approval of fa cilities required in this paragraph are: (i) They must be sufficiently isolated to prevent direct or indirect contact with all other animals and birds while in the United States. (ii) They must be so constructed that they provide adequate protection against environmental conditions and can be adequately cleaned, washed and disinfected. (iii) They must provide for disposal of horse carcasses, manure, bedding, waste and any related shipping mate rials in a manner that will prevent dis semination of disease. (iv) They must have provisions for adequate sources of feed and water and for attendants for the care and feeding of horses in the facility. (v) They must comply with addi tional requirements as may be imposed by the Administrator if deemed appli cable for a particular shipment. (vi) They must also comply with all applicable local, State and Federal re quirements for environmental quality and with the provisions of the Animal Welfare Regulations in chapter I of this title, as applicable. (c) Specific prohibitions regarding con tagious equine metritis; exceptions—(1) Importation prohibited. Except as pro vided in paragraph (c)(2) of this sec tion, notwithstanding the other provi sions of this part concerning the im portation of horses into the United States, the importation of all horses from any region that APHIS considers to be affected with contagious equine metritis (CEM) and the importation of all horses that have been in any such region within the 12 months imme diately preceding their being offered for entry into the United States is pro hibited. (i) A list of regions that APHIS con siders to be affected with CEM is main tained on the APHIS Web site at http:// www.aphis.usda.gov/importlexport/ani mals/animalldiseaselstatus.shtml. Cop ies of the list will also be available via postal mail, fax, or email upon request to the Sanitary Trade Issues Team, Na tional Center for Import and Export, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road Unit 38, Riverdale, Maryland 20737. (ii) APHIS will add a region to the list upon determining that the disease exists in the region based on reports VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00460 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 451 Animal and Plant Health Inspection Service, USDA § 93.301 6 The following breed associations and their record systems have been approved by the Department: Asociacion National de Criadores de Caballos de Pura Raza Espanola for Spain; Weatherby’s Ltd. for the United Kingdom and Ireland; Haras du Pain for France; and Direktorium für Vollblutzucht und Rennen e.v. for Germany. APHIS receives of outbreaks of the dis ease from veterinary officials of the ex porting country, from the World Orga nization for Animal Health (OIE), or from other sources the Administrator determines to be reliable, or upon de termining that the region trades horses freely with a region in which CEM ex ists without testing for CEM. APHIS will remove a region from the list after conducting an evaluation of the region in accordance with § 92.2 of this sub chapter and finding that the disease is not present in the region. In the case of a region formerly not on this list that is added due to an outbreak, the region may be removed from the list in ac cordance with the procedures for rees tablishment of a region’s disease-free status in § 92.4 of this subchapter. (2) Exceptions. The provisions of para graph (c)(1) of this section shall not apply to the following: (i) Wild (non-domesticated) species of equidae if captured in the wild or im ported from a zoo or other facility where it would be unlikely that the animal would come in contact with do mesticated horses used for breeding; (ii) Geldings; (iii) Weanlings or yearlings that have never been used for breeding, and whose age and breeding status are cer tified on the import health certificate required under § 93.314(a); (iv) Horses imported in accordance with conditions prescribed by the Ad ministrator as provided in § 93.301(a); (v) Spanish Pure Breed horses im ported for permanent entry from Spain or thoroughbred horses imported for permanent entry from France, Ger many, Ireland, or the United Kingdom if the horses meet the requirements of paragraph (d) of this section; (vi) Stallions or mares over 731 days of age imported for permanent entry if the horses meet the requirements of paragraph (e) of this section; (vii) Horses over 731 days of age im ported into the United States for no more than 90 days to compete in speci fied events if the horses meet the re quirements of paragraph (f)(1) of this section; (viii) Horses over 731 days of age im ported into the United States for non competitive public exhibition and en tertainment purposes if the horses meet the requirements of paragraph (f)(2) of this section; and (ix) Horses temporarily exported from the United States or from another region not known to be affected with CEM to a region listed under paragraph (c)(1) of this section within the 12 months immediately preceding their being offered for entry into the United States if the horses meet the require ments of paragraph (g) of this section. (d) Spanish Pure Breed horses from Spain and thoroughbred horses from France, Germany, Ireland, and the United Kingdom. (1) Spanish Pure Breed horses from Spain and thoroughbred horses from France, Germany, Ireland, and the United Kingdom may be imported for permanent entry if the horses meet the following requirements: (i) Each horse is accompanied at the time of importation by an import per mit in accordance with § 93.304; (ii) Each horse is accompanied at the time of importation by an import health certificate issued in accordance with § 93.314(a). In addition to the infor mation required by § 93.314(a), the vet erinarian signing and issuing the cer tificate must certify that: (A) He or she has examined the daily records of the horse’s activities main tained by the trainer and certified to be current, true, and factual by the veterinarian in charge of the training or racing stable; (B) He or she has examined the records of the horse’s activities main tained by a breed association specifi cally approved by the Department 6 and certified by the breed association to be current, true, and factual for the fol lowing information: (1) Identification of the horse by name, sex, age, breed, and all identi fying marks; (2) Identification of all premises where the horse has been since reach ing 731 days of age and the dates that the horse was at such premises; VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00461 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 452 9 CFR Ch. I (1–1–18 Edition) § 93.301 (3) For thoroughbred horses, that none of the premises where the horse has been since reaching 731 days of age are breeding premises; and (4) For Spanish Pure Breed horses from Spain, that since reaching 731 days of age: (i) The horse has never been on a premises that is exclusively a breeding premises; (ii) The horse has never been bred; (iii) Breeding of the horse has never been attempted; and (iv) The horse has never been com mingled and left unattended with adult horses of the opposite sex; (C) He or she has compared the records maintained by the approved breed association with the records kept by the trainer and has found the infor mation in those two sets of records to be consistent and current; (D) For Spanish Pure Breed horses and thoroughbred horses over 731 days of age, cultures negative for CEM were obtained from three sets of specimens collected within a 12-day period from the mucosal surfaces of the clitoral fossa and the clitoral sinuses, with one set of specimens including a specimen from the surfaces of the distal cervix or endometrium, of any female horses and from the surfaces of the prepuce, the urethral sinus, the distal urethra, and the fossa glandis, including the diver ticulum of the fossa glandis, of any male horses. For both male and female horses, the sets of specimens must be taken within a 12-day period with no less than 72 hours between each set, and the last of these sets of specimens must be collected within 30 days prior to exportation. All specimens required by this paragraph must be collected by a licensed veterinarian who either is, or is acting in the presence of, the vet erinarian signing the certificate; and (E) All specimens required by para graph (d)(1)(ii)(D) of this section were received within 48 hours of collection by a laboratory approved to culture for CEM by the national veterinary service of the region of export and were accom panied by a statement indicating the date and time of their collection. (2) If any specimen collected in ac cordance with paragraph (d)(1)(ii)(D) of this section is found to be positive for CEM, the horse must be treated for CEM in a manner approved by the na tional veterinary service of the region of export. After the treatment is com pleted, at least 21 days must pass be fore the horse will be eligible to be tested again in accordance with para graph (d)(1)(ii)(D) of this section. All treatments performed, and the dates of the treatments, must be recorded on the health certificate. (3) Spanish Pure Breed horses and thoroughbred horses imported under paragraph (d)(1) of this section may be released upon completion of the Fed eral quarantine required under § 93.308. Spanish Pure Breed horses and thor oughbred horses found positive for CEM that have been treated and re tested as provided in paragraph (d)(2) of this section shall, upon completion of the Federal quarantine required under § 93.308, be consigned to an approved State listed under paragraph (h)(6) or (h)(7) of this section, where they shall be quarantined under State or Federal supervision until the stallions have met the testing and treatment require ments of paragraph (e)(3) of this sec tion and the mares have met the test ing and treatment requirements of paragraph (e)(5) of this section. (e) Stallions and mares over 731 days of age from CEM-affected regions. (1) Stal lions or mares over 731 days of age may be imported for permanent entry from a region listed under paragraph (c)(1) of this section if the horses meet the fol lowing requirements: (i) Each horse is accompanied at the time of importation by an import per mit issued in accordance with § 93.304. The import permit must indicate that, after completion of the Federal quar antine required in § 93.308, the stallion or mare will be consigned to a State that the Administrator has approved to receive such horses in accordance with paragraph (h) of this section; (ii) The horses are accompanied at the time of importation by an import health certificate issued in accordance with § 93.314(a); (iii) A set of specimens must be col lected from each horse within 30 days prior to the date of export by a licensed veterinarian who either is, or is acting in the presence of, the veterinarian signing the certificate. For stallions, the set of specimens consists of one VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00462 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 453 Animal and Plant Health Inspection Service, USDA § 93.301 7 A list of ointments effective against the CEM organism may be obtained from the Na tional Center for Import and Export, Import/ Export Animals, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737–1231. culture swab from each location shall be taken from the prepuce, the urethral sinus, the distal urethra, and the fossa glandis, including the diver ticulum of the fossa glandis; for mares, the specimens must be collected from the mucosal surfaces of the clitoral fossa, clitoral sinuses, and the distal cervix or endometrium in nonpregnant mares. All of the specimens collected must be cultured for CEM with nega tive results in a laboratory approved to culture for CEM by the national veteri nary service of the region of origin; (iv) The horses described on the cer tificate must not have been used for natural breeding, for the collection of semen for artificial insemination in the case of stallions, or for artificial insemination in the case of mares, from the time the specimens were col lected through the date of export; (v) All specimens required by para graph (e)(1)(iii) of this section must be received within 48 hours of collection by a laboratory approved to culture for CEM by the national veterinary service of the region of export and must be ac companied by a statement indicating the date and time of their collection; and (vi) If any specimen collected in ac cordance with paragraph (e)(1)(iii) of this section is found to be positive for CEM, the stallion or mare must be treated for CEM in a manner approved by the national veterinary service of the region of export. After the treat ment is completed, at least 21 days must pass before the horse will be eligi ble to be tested again in accordance with paragraph (e)(1)(ii) of this section. All treatments performed, and the dates of the treatments, must be re corded on the health certificate. (2) Post-entry. (i) Stallions and mares imported under paragraph (e)(1) of this section must complete the Federal quarantine required under § 93.308. Upon completion of the Federal quar antine, stallions must be sent to an ap proved State listed under paragraph (h)(6) of this section, and mares must be sent to an approved State listed under paragraph (h)(7) of this section. (ii) Once in the approved State, the stallions or mares shall be quarantined under State or Federal supervision until the stallions have met the testing and treatment requirements of para graph (e)(3) of this section and the mares have met the testing and treat ment requirements of paragraph (e)(5) of this section. (iii) All tests and cultures required by paragraphs (e)(3) through (e)(5) of this section shall be conducted at the National Veterinary Services Labora tories, Ames, IA, or at a laboratory ap proved by the Administrator in accord ance with paragraph (i) of this section to conduct CEM cultures and tests. (iv) To be eligible for CEM culture or testing, all specimens collected in ac cordance with paragraphs (e)(3) through (e)(5) of this section must be received by the National Veterinary Services Laboratories or the approved laboratory within 48 hours of collection and must be accompanied by a state ment indicating the date and time of their collection. (3) Testing and treatment requirements for stallions. (i) Once the stallion is in the approved State, one specimen each shall be taken from the prepuce, the urethral sinus, the distal urethra, and the fossa glandis, including the diver ticulum of the fossa glandis, of the stallion and be cultured for CEM. After negative results have been obtained, the stallion must be test bred to two test mares that meet the requirements of paragraph (e)(4) of this section. Upon completion of the test breeding: (A) The stallion must be treated for 5 consecutive days by thoroughly clean ing and washing (scrubbing) its pre puce, penis, including the fossa glandis, and urethral sinus while the stallion is in full erection with a solution of not less than 2 percent surgical scrub chlorhexidine and then thoroughly coating (packing) the stallion’s pre puce, penis, including the fossa glandis, and urethral sinus with an ointment ef fective against the CEM organism. 7 The treatment shall be performed by an accredited veterinarian and mon itored by a State or Federal veteri narian. (B) Each mare to which the stallion has been test bred shall be cultured for VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00463 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 454 9 CFR Ch. I (1–1–18 Edition) § 93.301 8 Recommended protocols for the flushing of sinuses may be obtained from the Na tional Center for Import and Export, Import/ Export Animals, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737–1231. CEM from three sets of specimens from the mucosal surfaces of the clitoral fossa and clitoral sinuses, with one set of specimens including a specimen from either the distal cervix or endo metrium, between the third and four teenth day after breeding, with nega tive results. The sets of specimens must be collected on three separate oc casions within a 12-day period with no less than 72 hours between each set. A complement fixation test for CEM must be done with negative results be tween the twenty-first and twenty eighth day after the breeding. (ii) If any culture or test required by this paragraph is positive for CEM, the stallion shall be treated as described in paragraph (e)(3)(i)(A) of this section and retested by being test bred to two mares no less than 21 days after the last day of treatment. (iii) A stallion may be released from State quarantine only if all cultures and tests of specimens from the mares used for test breeding are negative for CEM and all cultures performed on specimens taken from the stallion are negative for CEM. (4) Requirements for test mares. (i) Mares to be used to test stallions for CEM shall be permanently identified before the mares are used for such test ing with the letter ‘‘T.’’ The marking shall be permanently applied by an in spector, a State inspector, or an ac credited veterinarian who shall use a hot iron, freezemarking, or a lip tat too. If a hot iron or freezemarking is used, the marking shall not be less than 2 inches (5.08 cm) high and shall be applied to the left shoulder or left side of the neck of the mare. If a lip tattoo is used, the marking shall not be less than 1 inch (2.54 cm) high and 0.75 inch (1.9 cm) wide and shall be ap plied to the inside surface of the upper lip of the test mare. (ii) The test mares must be qualified prior to breeding as apparently free from CEM and may not be used for breeding from the time specimens are taken to qualify the mares as free from CEM. To qualify, each mare shall be tested with negative results by a com plement fixation test for CEM, and specimens taken from each mare shall be cultured negative for CEM. Sets of specimens shall be collected on three separate occasions from the mucosal surfaces of the clitoral fossa and the clitoral sinuses, with one set of speci mens including a specimen from either the distal cervix or endometrium, with in a 12-day period with no less than 72 hours between each set. (iii) A test mare that has been used to test stallions for CEM may be re leased from quarantine only if: (A) The test mare is found negative for CEM on all cultures and tests re quired under paragraph (e)(3)(ii) of this section; or (B) The test mare is subjected to an ovariectomy by an accredited veteri narian under the direct supervision of a State or Federal veterinarian; or (C) The test mare is treated and han dled in accordance with paragraph (e)(5) of this section; or (D) The test mare is moved directly to slaughter without unloading en route, is euthanized, or dies. (5) Testing and treatment requirements for mares. (i) Once the mare is in the approved State, a complement fixation test for CEM must be done, and three sets of specimens shall be collected from the mucosal surfaces of the clit oral fossa and clitoral sinuses, with one set of specimens including a specimen from the surfaces of the distal cervix or endometrium in nonpregnant mares. The sets of specimens must be col lected on three separate occasions within a 12-day period with no less than 72 hours between each set. An ac credited veterinarian shall collect specimens and shall submit each set of specimens to the National Veterinary Services Laboratories in Ames, IA, or to a laboratory approved by the Ad ministrator in accordance with para graph (i) of this section to conduct CEM cultures and tests. (ii) After the three sets of specimens required by paragraph (e)(5)(i) of this section have been collected, an accred ited veterinarian shall manually re move organic debris from the sinuses of each mare and then flush the sinuses with a cerumalytic agent. 8 VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00464 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 455 Animal and Plant Health Inspection Service, USDA § 93.301 9 A list of ointments effective against the CEM organism may be obtained from the Na tional Center for Import and Export, Import/ Export Animals, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737–1231. (iii) For 5 consecutive days after the sinuses have been cleaned, an accred ited veterinarian shall aseptically clean and wash (scrub) the external genitalia and vaginal vestibule, includ ing the clitoral fossa, with a solution of not less than 2 percent chlorhexidine in a detergent base and then fill the clitoral fossa and sinuses, and coat the external genitalia and vaginal vesti bule with an antibiotic ointment effec tive against the CEM organism. 9 (iv) A mare may be released from State quarantine only if all cultures performed on specimens taken from the mare are negative for CEM. (v) If any culture required by this paragraph is positive for CEM, the mare shall be treated as described in paragraphs (e)(5)(ii) and (e)(5)(iii) of this section. No less than 21 days after the last day of treatment, the mare shall be tested again in accordance with paragraph (e)(5)(i) of this section. If all specimens are negative for CEM, the mare may be released from quar antine. (f) Special provisions for temporary im portation for competition or entertainment purposes. (1) Horses over 731 days of age may be imported into the United States for no more than 90 days to compete in specified events provided that the conditions in paragraphs (f)(3) through (f)(12) of this section are met. (2) Horses over 731 days of age may be temporarily imported into the United States solely for noncompetitive public exhibition and entertainment purposes provided that the conditions in para graphs (f)(3) through (f)(12) of this sec tion are met. (3) At the time of importation, each horse must be accompanied by an im port permit in accordance with § 93.304 and a health certificate issued in ac cordance with § 93.314. For horses im ported in accordance with paragraph (f)(2) of this section, the health certifi cate must also certify that cultures negative for CEM were obtained from three sets of specimens collected from the mucosal surfaces of the clitoral fossa and clitoral sinuses, with one set of specimens including a specimen from the surfaces of the distal cervix or endometrium, of any female horses and from the surfaces of the prepuce, the urethral sinus, the distal urethra, and the fossa glandis, including the diver ticulum of the fossa glandis, of any male horses. For both female and male horses, the sets of specimens must be collected on three separate occasions within a 12-day period with no less than 72 hours between each set, and the last of these sets of specimens must be collected within 30 days prior to expor tation. All specimens required by this paragraph must be collected by a li censed veterinarian who either is, or is acting in the presence of, the veteri narian signing the certificate. (4) Following the horse’s arrival in the United States: (i) A horse imported in accordance with paragraph (f)(1) of this section may remain in the United States for not more than 90 days, except as pro vided in paragraph (f)(9) of this section. (ii) A horse imported in accordance with paragraph (f)(2) of this section may remain in the United States in definitely, except as provided in para graph (f)(9) of this section, as long as the conditions of paragraphs (f)(3) through (f)(12) of this section are met and the horse’s owner or importer ap plies for and obtains from APHIS an import permit, as provided for in § 93.304, each year prior to the anniver sary date of the horse’s arrival in the United States. (5) While the horse is in the United States, the following conditions must be met: (i) A horse imported in accordance with paragraph (f)(2) of this section: (A) Must not be entered in competi tions. (B) Must be regularly used in per formances or exhibitions, unless sick or injured. A horse that is no longer performing or being exhibited must be exported or made eligible for perma nent entry in accordance with para graph (f)(9) of this section. (C) Must be kept with the other horses listed on the import permit, un less otherwise approved by an APHIS representative. (ii) Except as provided in paragraph (f)(5)(viii) of this section, the horse VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00465 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 456 9 CFR Ch. I (1–1–18 Edition) § 93.301 must be moved according to the itinerary and methods of transport specified in the import permit provided for in § 93.304. (iii) The horse must be monitored by an accredited veterinarian or APHIS representative to ensure that the pro visions of paragraphs (f)(5)(ii), (f)(5)(vi), and (f)(5)(vii) of this section are met. If the monitoring is performed by an ac credited veterinarian, the Veterinarian in Charge will ensure that the accred ited veterinarian is familiar with the requirements of this section and spot checks will be conducted by an APHIS representative to ensure that the re quirements of this section are being met. If an APHIS representative finds that requirements are not being met, the Administrator may require that all remaining monitoring be conducted by APHIS representatives to ensure com pliance. (iv) Except when in transit, the horse must be kept on a premises that has been approved by an APHIS representa tive. For horses imported in accord ance with paragraph (f)(1) of this sec tion, such approval may be oral or in writing. If the approval is oral, it will be confirmed in writing by the Admin istrator as soon as circumstances per mit. For horses imported in accordance with paragraph (f)(2) of this section, the approval will be in writing. To re ceive approval, the premises: (A) Must not be a breeding premises; and (B) Must be or contain a building or temporary structure in which the horse can be kept in a stall that is separated from other stalls that contain horses that are not listed on the import per mit, either by an empty stall, by an open area across which horses cannot touch each other, or by a solid wall that is at least 8 feet (2.4 meters) high. (v) While in transit, the horse must be moved in either an aircraft or a sealed van or trailer. If the horse is moved in a sealed van or trailer, the seal may be broken only by an APHIS representative at the horse’s destina tion, except in situations where the horse’s life is in danger. (vi) Except when actually competing, performing, or being exhibited or exer cised, the horse must be kept in a pas ture approved by APHIS or in a stall that is separated from other stalls con taining horses that are not listed on the import permit, either by an empty stall, by an open area across which horses cannot touch each other, or by a solid wall that is at least 8 feet (2.4 me ters) high. (vii) The horse may not be used for breeding purposes (including artificial insemination or semen collection) and may not have any other sexual contact with other horses. The horse may not undergo any genital examinations, ex cept that a horse imported in accord ance with paragraph (f)(2) of this sec tion may undergo genital examinations for diagnosis or treatment of a medical condition with the prior approval of an APHIS representative. (viii) The horse may be moved for di agnosis or treatment of a medical con dition with the prior approval of an APHIS representative. (ix) After the horse is transported anywhere in the United States, any ve hicle in which the horse was trans ported must be cleaned and disinfected in the presence of an APHIS represent ative, according to the procedures spec ified in §§ 71.7 through 71.12 of this chapter, before any other horse is transported in the vehicle. (x) The cleaning and disinfection specified in paragraph (f)(5)(ix) of this section must be completed before the vehicle is moved from the place where the horse is unloaded. In those cases where the facilities or equipment for cleaning and disinfection are inad equate at the place where the horse is unloaded, the Administrator may allow the vehicle to be moved to another lo cation for cleaning and disinfection when the move will not pose a disease risk to other horses in the United States. (xi) The owner or importer of the horse must comply with any other pro visions of this part applicable to him or her. (6) Except as provided in paragraph (f)(7) of this section, if the owner or im porter wishes to change the horse’s itinerary or the methods by which the horse is transported from that which he or she specified in the application for the import permit, the owner or im porter must make the request for VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00466 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 457 Animal and Plant Health Inspection Service, USDA § 93.301 change in writing to the Adminis trator. Requests for change must be submitted to APHIS no less than 15 days before the proposed date of the change. Requests may be submitted to APHIS by postal mail, commercial de livery service, fax, or e-mail. The change in itinerary or method of trans port may not be made without the written approval of the Administrator, who may grant the request for change when he or she determines that grant ing the request will not endanger other horses in the United States and that sufficient APHIS personnel are avail able to provide the services required by the owner or importer. (7) In response to an emergency or other unforeseen circumstances or events (e.g., weather-related transpor tation delays, vehicle breakdown, med ical emergencies, etc.), the horse’s itinerary or methods of transportation may be changed, with the prior ap proval of an APHIS representative, from that which is specified in the ap plication for an import permit. Re quests for such a change may be sub mitted to APHIS by telephone, postal mail, commercial delivery service, fax, or e-mail. Approval may be oral or in writing. If the approval is oral, it will be confirmed in writing by the Admin istrator as soon as circumstances per mit. (8) The Administrator may cancel, orally or in writing, the import permit provided for under § 93.304 whenever the Administrator finds that the owner or importer of the horse has not complied with the provisions of paragraphs (f)(3) through (f)(7) of this section or any conditions imposed under those provi sions. If the cancellation is oral, the Administrator will confirm the can cellation and the reasons for the can cellation in writing as soon as cir cumstances permit. Any person whose import permit is canceled may appeal the decision in writing to the Adminis trator within 10 days after receiving oral or written notification of the can cellation, whichever is earlier. If the appeal is sent by mail, it must be post marked within 10 days after the owner or importer receives oral or written no tification of the cancellation, which ever is earlier. The appeal must include all of the facts and reasons upon which the person relies to show that the im port permit was wrongfully canceled. The Administrator will grant or deny the appeal in writing as promptly as circumstances permit, stating the rea son for his or her decision. If there is a conflict as to any material fact, a hear ing will be held to resolve the conflict. Rules of practice concerning the hear ing will be adopted by the Adminis trator. (9) Except in those cases where an ap peal is in process, any person whose import permit is canceled must move the horse identified in the import per mit out of the United States within 10 days after receiving oral or written no tification of cancellation, whichever is earlier. The horse is not permitted to enter competition, perform, or be ex hibited from the date the owner or im porter receives the notice of cancella tion until the horse is moved out of the United States or until resolution of an appeal in favor of the owner or im porter. Except when being exercised, the horse must be kept, at the expense of the owner or importer, in a stall on the premises where the horse is located when the notice of cancellation is re ceived or, if the horse is in transit when the notice of cancellation is re ceived, on the premises where it is next scheduled to compete, perform, or be exhibited according to the import per mit. The stall in which the horse is kept must be separated from other stalls containing horses that are not listed on the import permit, either by an empty stall, by an open area across which horses cannot touch each other, or by a solid wall that is at least 8 feet (2.4 meters) high. In cases where the owners of the above specified premises do not permit the horse to be kept on those premises, or when the Adminis trator determines that keeping the horse on the above specified premises will pose a disease risk to horses in the United States, the horse must be kept, at the expense of the owner or im porter, on an alternative premises ap proved by the Administrator. (10) Stallions or mares over 731 days of age that are imported in accordance with paragraphs (f)(1) or (f)(2) of this section may be eligible to remain in the United States if the following is completed: VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00467 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 458 9 CFR Ch. I (1–1–18 Edition) § 93.301 (i) Following completion of the itinerary specified in the import per mit provided for in § 93.304, the horse’s owner or importer applies for and re ceives a new import permit that speci fies that the stallion or mare will be moved to an approved State listed under paragraph (h)(6) or (h)(7) of this section; and (ii) The stallion or mare is trans ported in a sealed vehicle that has been cleaned and disinfected to an approved facility in an approved State where it is quarantined under State or Federal supervision until the stallion or mare has met the testing and treatment re quirements of paragraph (e)(3) or (e)(5) of this section. (11) All costs and charges associated with the supervision and maintenance of a horse imported under paragraphs (f)(1) or (f)(2) of this section will be borne by the horse’s owner or importer. The costs associated with the super vision and maintenance of the horse by an APHIS representative at his or her usual places of duty will be reimbursed by the horse’s owner or importer through user fees payable under part 130 of this chapter. (12) In the event that an APHIS rep resentative must be temporarily de tailed from his or her usual place of duty in connection with the super vision and maintenance of a horse im ported under this paragraph (f), the owner or importer of the horse must execute a trust fund agreement with APHIS to reimburse all expenses (in cluding travel costs, salary, per diem or subsistence, administrative ex penses, and incidental expenses) in curred by the Department in connec tion with the temporary detail. Under the trust fund agreement, the horse’s owner or importer must deposit with APHIS an amount equal to the esti mated cost, as determined by APHIS, for the APHIS representative to in spect the premises at which the horse will compete, perform, or be exhibited; to conduct the monitoring required by paragraph (f)(5)(iii) of this section; and to supervise the cleaning and disinfec tion required by paragraph (f)(5)(ix) of this section. The estimated costs will be based on the following factors: (i) Number of hours needed for an APHIS representative to conduct the required inspection and monitoring; (ii) For services provided during reg ular business hours (8 a.m. to 4:30 p.m., Monday through Saturday, except holi days), the average salary, per hour, for an APHIS representative; (iii) For services provided outside regular business hours, the applicable rate for overtime, night differential, or Sunday or holiday pay, based on the average salary, per hour, for an APHIS representative; (iv) Number of miles from the prem ises at which the horse competes, per forms, or is exhibited to the APHIS of fice or facility that is monitoring the activities; (v) Government rate per mile for automobile travel or, if appropriate, cost of other means of transportation between the premises at which the horse competes, performs, or is exhib ited and the APHIS office or facility; (vi) Number of trips between the premises at which the horse competes, performs, or is exhibited and the APHIS office or facility that APHIS representatives are required to make in order to conduct the required inspec tion and monitoring; (vii) Number of days the APHIS rep resentative conducting the inspection and monitoring must be in ‘‘travel sta tus’’; (viii) Applicable Government per diem rate; and (ix) Cost of related administrative support services. (13) If a trust fund agreement with APHIS has been executed by the owner or importer of a horse in accordance with paragraph (f)(12) of this section and APHIS determines, during the horse’s stay in the United States, that the amount deposited will be insuffi cient to cover the services APHIS is scheduled to provide during the re mainder of the horse’s stay, APHIS will issue to the horse’s owner or im porter a bill to restore the deposited amount to a level sufficient to cover the estimated cost to APHIS for the re mainder of the horse’s stay in the United States. The horse’s owner or importer must pay the amount billed within 14 days after receiving the bill. If the bill is not paid within 14 days VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00468 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 459 Animal and Plant Health Inspection Service, USDA § 93.301 after its receipt, APHIS will cease to perform the services provided for in paragraph (f)(5) of this section until the bill is paid. The Administrator will inform the owner or importer of the cessation of services orally or in writ ing. If the notice of cessation is oral, the Administrator will confirm, in writing, the notice of cessation and the reason for the cessation of services as soon as circumstances permit. In such a case, the horse must be kept, at the expense of the owner or importer and until the bill is paid, in a stall either on the premises at which the horse is located when the notice of cessation of services is received or, if the horse is in transit when the notice of cessation of services is received, on the premises at which it is next scheduled to compete, perform, or be exhibited according to the import permit. The stall in which the horse is kept must be separated from other stalls containing horses that are not listed on the import per mit, either by an empty stall, by an open area across which horses cannot touch each other, or by a solid wall that is at least 8 feet (2.4 meters) high. In cases where the owners of the prem ises where the horse would be kept fol lowing a cessation of services do not permit the horse to be kept on those premises, or when the Administrator determines that keeping the horse on the premises will pose a disease risk to other horses in the United States, the horse must be kept, at the expense of the owner or importer, on an alter native premises approved by the Ad ministrator. Until the bill is paid, the horse is not permitted to enter com petition, perform, or be exhibited. Any amount deposited in excess of the costs to APHIS to provide the required serv ices will be refunded to the horse’s owner or importer. (g) Special provisions for the importa tion of horses that have been temporarily exported to a CEM-affected region. If a horse has been temporarily exported for not more than 60 days from the United States to a CEM-affected region listed under paragraph (c)(1) of this section, or if a horse has been tempo rarily exported for not more than 60 days from another region not known to be affected with CEM to a CEM-af fected region during the 12 months pre ceding its exportation to the United States, the horse may be eligible for re turn or importation into the United States without meeting the require ments of paragraphs (d) through (f) of this section under the following condi tions: (1) The horse must be accompanied by a certificate that meets the require ments of § 93.314(a) of this part issued by each CEM-affected region that the horse has visited during the term of its temporary exportation, and each cer tificate must contain the following ad ditional declarations: (i) That the horse was held separate and apart from all other horses except for the time it was actually partici pating in an event or was being exer cised by its trainer; (ii) That the premises on which the horse was held were not used for any equine breeding purpose; (iii) That the horse was not bred to or bred by any animal, nor did it have any other sexual contact or genital ex amination while in such region; and (iv) That all transport while in such region was carried out in cleaned and disinfected vehicles in which no other horses were transported since such cleaning and disinfection; (2) The horse is accompanied by an import permit issued in accordance with § 93.304 of this part at the time of exportation; (3) If the horse was temporarily ex ported from the United States and is being returned to the United States, the horse must be accompanied by a copy of the United States health cer tificate issued for its exportation from the United States and endorsed in ac cordance with the export regulations in part 91 of this chapter; (4) The horse must be examined by an inspector at the U.S. port of entry and found by the inspector to be the iden tical horse covered by the documents required by paragraphs (a) through (c) of this section and found by the inspec tor to be free of communicable disease and exposure thereto; and (5) The horse must be quarantined and tested at the U.S. port of entry as provided in § 93.308 of this part prior to release. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00469 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 460 9 CFR Ch. I (1–1–18 Edition) § 93.301 10 When training regarding CEM culturing and testing is necessary, it may be obtained at the National Veterinary Services Labora tories, Ames, IA 50010. (h) Approval of States. In order for a State to be approved to receive stal lions or mares over 731 days of age from a CEM-affected region listed under paragraph (c)(1) of this section that are imported under paragraph (e) of this section, the State must meet the following conditions: (1) The State must enter into a writ ten agreement with the Administrator, whereby the State agrees to enforce its laws and regulations to control CEM and to abide by the conditions of ap proval established by the regulations in this part. (2) The State must agree to quar antine all stallions and mares over 731 days of age imported under the provi sions of paragraph (e) of this section until the stallions have been treated in accordance with paragraph (e)(3) of this section and the mares have been treat ed in accordance with paragraph (e)(5) of this section. (3) The State must agree to quar antine all mares used to test stallions for CEM until the mares have been re leased from quarantine in accordance with paragraph (e)(4) of this section. (4) The State must have laws or regu lations requiring that stallions over 731 days of age imported under paragraph (e) of this section be treated in the manner specified in paragraph (e)(3) of this section, and that mares over 731 days of age imported under paragraph (e) of this section be treated in the manner specified in paragraph (e)(5) of this section. (5) Approval of any State to receive stallions or mares imported from re gions affected with CEM may be sus pended by the Administrator upon his or her determination that any require ments of this section are not being met. After such action is taken, the animal health authorities of the ap proved State will be informed of the reasons for the action and afforded an opportunity to present their views thereon before such suspension is final ized; however, such suspension of ap proval shall continue in effect unless otherwise ordered by the Adminis trator. In those instances where there is a conflict as to the facts, a hearing shall be held to resolve such conflict. (6) A list of States approved by APHIS to receive stallions over 731 days of age imported under paragraph (e) of this section is maintained on the APHIS Web site at http:// www.aphis.usda.gov/importlexport/ ani mals/downloads/ stateslapplconductlcemltesting.pdf. Copies of the list will also be available via postal mail, fax, or email upon re quest to the Sanitary Trade Issues Team, National Center for Import and Export, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road Unit 38, Riverdale, Maryland 20737. (7) A list of States approved by APHIS to receive mares over 731 days of age imported under paragraph (e) of this section is maintained on the APHIS Web site at http:// www.aphis.usda.gov/importlexport/ animals/ downloads/ stateslapplconductlcemltesting.pdf. Copies of the list will also be available via postal mail, fax, or email upon re quest to the Sanitary Trade Issues Team, National Center for Import and Export, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road Unit 38, Riverdale, Maryland 20737. (i) Approval of laboratories. (1) The Ad ministrator will approve a laboratory to conduct CEM cultures and tests only after consulting with the State animal health official in the State in which the laboratory is located and after de termining that the laboratory: (i) Has technical personnel assigned to conduct the CEM culturing and test ing who possess the following min imum qualifications: (A) A bachelor’s degree in microbi ology; (B) A minimum of 2 years experience working in a bacteriology laboratory; and (C) Experience working with the CEM organism, including knowledge of the specific media requirements, atmos pheric requirements, and procedures for the isolation and identification of the CEM organism. 10 VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00470 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 461 Animal and Plant Health Inspection Service, USDA § 93.301 11 Standard test protocols recommended by the National Veterinary Services Labora tories and a list of approved laboratories can be obtained from the National Veterinary Services Laboratories, Ames, IA 50010. (ii) Follows standard test protocols that will reliably and consistently pro vide for the isolation and identification of the CEM organism; 11 and (iii) Reports all official test results to the State animal health official and the Veterinarian in Charge. (2) To retain approval, the laboratory must meet the requirements prescribed in paragraph (i)(1) of this section, and shall test with the CEM organism each lot of media it prepares to ensure that the media will support growth of the laboratory’s reference culture. Media that will not support growth of the ref erence culture must be discarded. (3) The Administrator may deny or withdraw approval of any laboratory to conduct CEM culturing or testing upon a determination that the laboratory does not meet the criteria for approval or maintenance of approval under para graphs (i)(1) and (i)(2) of this section. (i) In the case of a denial of approval, the operator of the laboratory will be informed of the reasons for denial and, upon request, will be afforded an oppor tunity for a hearing with respect to the merits or validity of the denial in ac cordance with rules of practice that will be adopted for the hearing. (ii) In the case of a withdrawal of ap proval, before such action is taken, the operator of the laboratory will be in formed of the reasons for the proposed withdrawal and, upon request, will be afforded an opportunity for a hearing with respect to the merits or validity of the proposed withdrawal in accord ance with rules of practice that will be adopted for the hearing. However, the withdrawal will become effective pend ing a final determination in the hear ing when the Administrator determines that such action is necessary to pro tect the public health, interest, or safe ty. The withdrawal will be effective upon oral or written notification, whichever is earlier, to the operator of the laboratory. In the event of oral no tification, written confirmation will be given as promptly as circumstances allow. The withdrawal will continue in effect pending completion of the hear ing and any judicial review of the hear ing, unless otherwise ordered by the Administrator. (iii) Approval for a laboratory to con duct CEM culturing or testing will be automatically withdrawn by the Ad ministrator when the operator of the approved laboratory notifies the Na tional Veterinary Services Labora tories, Ames, IA 50010, in writing, that the laboratory no longer conducts CEM culturing and testing. (j) Examination and treatment for screwworm. Horses from regions where APHIS considers screwworm to exist may be imported into the United States only if they meet the require ments in paragraphs (j)(1) through (7) of this section and all other applicable requirements of this part. APHIS will maintain a list of regions where screwworm is considered to exist on the APHIS Web site at http:// www.aphis.usda.gov/importlexport/ animals/ animalldiseaselstatus.shtml. Copies of the list will also be available via postal mail, fax, or email upon re quest to the Sanitary Trade Issues Team, National Center for Import and Export, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road Unit 38, Riverdale, Maryland 20737. APHIS will add a re gion to the list upon determining that screwworm exists in the region based on reports APHIS receives of detec tions of the pest from veterinary offi cials of the exporting country, from the World Organization for Animal Health (OIE), or from other sources the Administrator determines to be reli able. APHIS will remove a region from the list after conducting an evaluation of the region in accordance with § 92.2 of this subchapter and finding that screwworm is not present in the region. In the case of a region formerly not on this list that is added due to a detec tion, the region may be removed from the list in accordance with the proce dures for reestablishment of a region’s disease-free status in § 92.4 of this sub chapter. (1) A veterinarian must treat horses with ivermectin 3 to 5 days prior to the date of export to the United States ac cording to the recommended dose pre scribed on the product’s label. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00471 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 462 9 CFR Ch. I (1–1–18 Edition) § 93.302 (2) Horses must be examined for screwworm by a full-time salaried vet erinary official of the exporting coun try within 24 hours prior to shipment to the United States. The official must fully examine the horses, including their external genitalia. If horses are found to be infested with screwworm, they must be treated until free from infestation. (3) At the time horses are loaded onto a means of conveyance for export, a veterinarian must treat any visible wounds on the animals with a solution of coumaphos dust at a concentration of 5 percent active ingredient. (4) Horses must be accompanied to the United States by a certificate signed by a full-time salaried veteri nary official of the exporting country. The certificate must state that the horses, including their external geni talia, have been thoroughly examined and found free of screwworm and that the horses have been treated in accord ance with paragraphs (j)(1) and (j)(3) of this section. (5) Horses must be quarantined upon arrival in the United States at an APHIS animal import center for at least 7 days. (6) Horses must be examined for screwworm by a veterinarian within 24 hours after arrival at an APHIS animal import center in the United States. The examining veterinarian must ex amine horses, including their external genitalia, to determine whether the horse is infested with screwworm. (7) Horses must be held at the animal import center for a minimum of 7 days. On day 7, prior to the horses’ release, the horses must be examined by a vet erinarian at the expense of the owner or broker. For this examination, male horses must be tranquilized or sedated so that the external genitalia of the horses can be thoroughly examined. If screwworm is found during this exam ination, the horses must be held in quarantine and treated until free of in festation. (Approved by the Office of Management and Budget under control numbers 0579–0040, 0579–0165, and 0579–0324) [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56016, Oct. 28, 1997] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 93.301, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 93.302 Inspection of certain aircraft and other means of conveyance and shipping containers thereon; un loading, cleaning, and disinfection requirements. (a) Inspection: All aircraft and other means of conveyance (including ship ping containers thereon) moving into the United States from any foreign re gion are subject to inspection without a warrant by properly identified and designated inspectors to determine whether they are carrying any animal, carcass, product or article regulated or subject to disposal under any law or regulation administered by the Sec retary of Agriculture for prevention of the introduction or dissemination of any communicable animal disease. (b) Unloading requirements: Whenever in the course of any such inspection at any port in the United States the in spector has reason to believe that the means of conveyance or container is contaminated with material of animal (including poultry) origin, such as, but not limited to, meat, organs, glands, extracts, secretions, fat, bones, blood, lymph, urine, or manure, so as to present a danger of the spread of any communicable animal disease, the in spector may require the unloading of the means of conveyance and the emptying of the container if he or she deems it necessary to enable him or her to determine whether the means of conveyance or container is in fact so contaminated. The principal operator of the means of conveyance and his or her agent in charge of the means of conveyance shall comply with any such requirement under the immediate su pervision of, and in the time and man ner prescribed by, the inspector. (c) Cleaning and disinfection: When ever, upon inspection under this sec tion, an inspector determines that a means of conveyance or shipping con tainer is contaminated with material of animal origin so as to present a dan ger of the spread of any communicable animal disease, he or she shall notify the principal operator of the means of conveyance or his or her agent in charge, of such determination and the requirements under this section. The VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00472 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 463 Animal and Plant Health Inspection Service, USDA § 93.304 12 Information as to the regions where Afri can horsesickness is declared to exist may be obtained from the Administrator. person so notified shall cause the cleaning and disinfection of such means of conveyance and container under the immediate supervision of, and in the time and manner prescribed by, the inspector. (d) For purposes of this section, the term ‘‘shipping container’’ means any container of a type specially adapted for use in transporting any article on the means of conveyance involved. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56016, Oct. 28, 1997; 68 FR 6344, Feb. 7, 2003] § 93.303 Ports designated for the im portation of horses. (a) Air and ocean ports. The following ports have APHIS inspection and quar antine facilities necessary for quar antine stations and all horses shall be entered into the United States through these stations, except as provided in paragraphs (b), (c), (d), (e), and (f) of this section, §§ 93.308(a), (b) and (c) and 93.317: Los Angeles, California; Miami, Florida; and Newburgh, New York. (b) Canadian border ports. (1) The fol lowing land border ports are designated as having the necessary inspection fa cilities for the entry of horses from Canada: Eastport, Idaho; Houlton and Jackman, Maine; Detroit, Port Huron, and Sault Ste. Marie, Michigan; Baudette, Minnesota; Opheim, Ray mond, and Sweetgrass, Montana; Alex andria Bay, Buffalo, and Champlain, New York; Dunseith, Pembina, and Portal, North Dakota; Derby Line and Highgate Springs, Vermont; Oroville and Sumas, Washington. (2) International Falls, Minnesota, is designated as a port of entry for horses from Canada. (c) Mexican border ports. The fol lowing land border ports are designated for the entry of horses from Mexico: Brownsville, Hidalgo, Laredo, Eagle Pass, Del Rio, Presidio, and El Paso, Texas; Douglas, Naco, Nogales, Sasabe, and San Luis, Arizona; Calexico and San Ysidro, California; and Antelope Wells, Columbus, and Santa Teresa, New Mexico. (d) Limited ports. The following ports are designated as having inspection fa cilities for the entry of horses and horse products such as horse test speci mens which do not appear to require restraint and holding inspection facili ties: Anchorage and Fairbanks, Alaska; San Diego, California; Jacksonville, St. Petersburg-Clearwater, and Tampa, Florida; Atlanta, Georgia; Honolulu, Hawaii; Chicago, Illinois; New Orleans, Louisiana; Portland, Maine; Baltimore, Maryland; Boston, Massachusetts; Min neapolis, Minnesota; Great Falls, Mon tana; Dayton, Ohio; Portland, Oregon; San Juan, Puerto Rico; Memphis, Ten nessee (no live animals); Galveston and Houston, Texas; and Seattle, Spokane, and Tacoma, Washington. (e) Ports for horses to be quarantined at privately owned quarantine facilities. Horses, except horses from or which have transited any region in which Af rican horsesickness is declared to exist, 12 may be entered into the United States at any port specified in para graph (a) of this section, or at any other port designated as an inter national port or airport by the U.S. Customs Service and quarantined at privately owned quarantine facilities provided that applicable provisions of §§ 93.301(c), 93.304(a), 93.306, 93.308(a), (b) and (c), and 93.314 are met. (f) Designation of other ports. The Sec retary of the Treasury has approved the designation as quarantine stations of the ports specified in this section. In special cases other ports may be des ignated as quarantine stations under this section by the Administrator, with the concurrence of the Secretary of the Treasury. [55 FR 31495, Aug. 2, 1990. Redesignated at 62 FR 56012, Oct. 28, 1997] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 93.303, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 93.304 Import permits for horses from regions affected with CEM and for horse specimens for diag nostic purposes; reservation fees for space at quarantine facilities maintained by APHIS. (a) Application for permit; reservation required. (1)(i) For horses from regions listed in § 93.301(c)(1) of the regulations, VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00473 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 464 9 CFR Ch. I (1–1–18 Edition) § 93.304 horses intended for quarantine at a pri vately owned quarantine facility, and horse test specimens for diagnostic screening purposes, intended for impor tation from any part of the world, ex cept as otherwise provided for in §§ 93.315, 93.319, and 93.321, the importer shall first apply for and obtain from APHIS an import permit. The applica tion shall specify the name and address of the importer; the species, breed, number or quantity of horses or horse test specimens to be imported; the pur pose of the importation; individual horse identification which includes a description of the horse, name, age, markings, if any, registration number, if any, and tattoo or eartag; the region of origin; the name and address of the exporter; the port of embarkation in the foreign region; the mode of trans portation, route of travel, and the port of entry in the United States; the pro posed date of arrival of the horses or horse test specimens to be imported; and the name of the person to whom the horses or horse test specimens will be delivered and the location of the place in the United States to which de livery will be made from the port of entry. Additional information may be required in the form of certificates concerning specific diseases to which the horses are susceptible, as well as vaccinations or other precautionary treatments to which the horses or horse test specimens have been sub jected. Notice of any such require ments will be given to the applicant in each case. (ii) Horses intended for importation under § 93.301(f)(1) of this part must meet the permit requirements of para graph (a)(1)(i) of this section. Addition ally, for horses intended for importa tion under § 93.301(f)(1) of this part, the horse’s owner or importer must include the following information with the ap plication for permit that is required by paragraph (a)(1)(i) of this section: (A) That the application is being made for a horse that will remain in the United States for no more than 90 days; (B) The names, dates, and locations of the events in which the horse will compete while in the United States; (C) The names and locations of the premises on which the horse will be kept while in the United States, and the dates the horse will be kept on each premises; and (D) The methods and routes by which the horse will be transported while in the United States. (iii) Horses intended for importation under § 93.301(f)(2) must meet the per mit requirements of paragraph (a)(1)(i) of this section. Additionally, for horses intended for importation under § 93.301(f)(2), the horse’s owner or im porter must include the following in formation with the application for per mit that is required by paragraph (a)(1)(i) of this section: (A) The individual identifying infor mation required in paragraph (a)(1)(i) of this section for all horses to be im ported. (B) The permanent electronic identi fication of each horse to be imported, if applicable. In the event that a horse has permanent electronic identifica tion, the horse must be accompanied by a compatible reader. (C) Photographs (head and lateral views) that are sufficient to identify each horse on an electronic medium approved by APHIS. (D) The proposed total length of stay in the United States. (E) A description of the shows or events in which the horse will perform while in the United States. (F) The names, dates, and locations of the venues in which the horse will perform while in the United States. (G) The names and locations of the premises on which the horse will be kept while in the United States, and the dates the horse will be kept on each premises. (H) The methods and routes by which the horse will be transported while in the United States. (I) A written plan for handling sick or injured horses that includes: (1) The name, address, and phone number of each accredited veterinarian who will provide veterinary services in the United States; (2) The name, address, and phone number of medical facilities to be used to diagnose or treat sick or injured horses while in the United States; and (3) A plan to return sick or injured horses to performance condition. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00474 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 465 Animal and Plant Health Inspection Service, USDA § 93.304 (J) An application for a trust fund or escrow account agreement with APHIS in accordance with § 93.301(f)(12). (iv) Approval of an application for a permit to import a horse under § 93.301(f) of this part is contingent upon a determination by the Adminis trator that sufficient APHIS personnel are available to provide the services re quired. If more than one application for an import permit is received, APHIS personnel will be assigned in the order that applications that otherwise meet the requirements of this section are re ceived. (2) An application for permit to im port horses from regions listed in § 93.301(c)(1) or horses intended for quarantine at a privately owned quar antine facility, may also be denied be cause of: Communicable disease condi tions in the area or region of origin, or in a region where the shipment has been or will be held or through which the shipment has been or will be trans ported; deficiencies in the regulatory programs for the control or eradication of animal diseases and the unavail ability of veterinary services in the above mentioned regions; the import er’s failure to provide satisfactory evi dence concerning the origin, history, and health status of the horses; the lack of satisfactory information nec essary to determine that the importa tion will not be likely to transmit any communicable disease to livestock or poultry of the United States; or any other circumstances which the Admin istrator believes require such denial to prevent the dissemination of any com municable disease of livestock or poul try into the United States. (3)(i) The importer or importer’s agent shall pay or ensure payment of a reservation fee for each lot of horses to be quarantined in a facility maintained by USDA. For horses, the reservation fee shall be 100 percent of the cost of providing care, feed, and handling dur ing quarantine, as estimated by the quarantine facility’s veterinarian in charge. (ii) At the time the importer or the importer’s agent requests a reservation of quarantine space, the importer or importer’s agent shall pay the reserva tion fee by check or U.S. money order or ensure payment of the reservation fee by an irrevocable letter of credit from a commercial bank (the effective date on such letter of credit shall run to 30 days after the date the horses are scheduled to be released from quar antine); except that anyone who issues a check to the Department for a res ervation fee which is returned because of insufficient funds shall be denied any further request for reservation of a quarantine space until the outstanding amount is paid. (iii) Any reservation fee paid by check or U.S. money order shall be ap plied against the expenses incurred for services received by the importer or importer’s agent in connection with the quarantine for which the reserva tion was made. Any part of the reserva tion fee which remains unused after being applied against the expenses in curred for services received by the im porter or the importer’s agent in con nection with the quarantine for which the reservation was made, shall be re turned to the individual who paid the reservation fee. If the reservation fee is ensured by a letter of credit, the De partment will draw against the letter of credit unless payment for services received by the importer or importer’s agent in connection with the quar antine is otherwise made at least 3 days prior to the expiration date of the letter of credit. (iv) Any reservation fee shall be for feited if the importer or the importer’s agent fails to present for entry, within 24 hours following the designated time of arrival, the horse for which the res ervation was made: Except that a res ervation fee shall not be forfeited if the Administrator determines that serv ices, other than provided by carriers, necessary for the importation of the horses within the required period are unavailable because of unforeseen cir cumstances as determined by the Ad ministrator (such as the closing of an airport due to inclement weather or the unavailability of the reserved space due to the extension of another quar antine). (v) If the reservation fee was ensured by a letter of credit and the fee is to be forfeited under paragraph (a)(3)(iv) of this section, the Department will draw against the letter of credit unless the reservation fee is otherwise paid at VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00475 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 466 9 CFR Ch. I (1–1–18 Edition) § 93.305 least 3 days prior to the expiration date of the letter of credit. (vi) If a reservation is canceled, the importer or the importer’s agent will be charged a fee according to the fol lowing schedule: Cancellation date Fee 30 or more days before the scheduled reservation date .............................. 25 percent of the reservation fee. 15–29 days before the scheduled reservation date ...................................... 50 percent of the reservation fee. Less than 15 days before the scheduled reservation date ........................... 100 percent of the reservation fee. (vii) If the reservation fee was en sured by a letter of credit, the Depart ment will draw the amount of the can cellation fee against the letter of cred it unless the cancellation fee is other wise paid at least 3 days prior to the expiration date of the letter of credit. (b) Permit. (1) When a permit is issued, the original and two copies will be sent to the importer. It shall be the responsibility of the importer to for ward the original permit and one copy to the shipper in the region of origin, and it shall also be the responsibility of the importer to ensure that the ship per presents the copy of the permit to the carrier and makes the necessary arrangements for the original permit to accompany the shipment to the specified U.S. port of entry for presen tation to the collector of customs. (2) Horses and horse test specimens for which a permit is required under paragraph (a) of this section will be re ceived at the port of entry specified on the permit within the time prescribed in the permit, which shall not exceed 14 days from the first day that the permit is effective. (3) Horses and horse test specimens for which a permit is required under paragraph (a) of this section will not be eligible for entry if: (i) A permit has not been issued for the importation of the horse or horse test specimen; (ii) If the horse or horse test speci men is unaccompanied by the permit issued for its importation; (iii) If the horse or horse test speci men is shipped from any port other than the one designated in the permit; (iv) If the horse or horse test speci men arrives in the United States at any port other than the one designated in the permit; (v) If the horse or horse test speci men offered for entry differs from that described in the permit; or (vi) If the horse or horse test speci men is not handled as outlined in the application for the permit and as speci fied in the permit issued. (Approved by the Office of Management and Budget under control numbers 0579–0040 and 0579–0324) [55 FR 31495, Aug. 2, 1990. Redesignated at 62 FR 56012, Oct. 28, 1997] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 93.304, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 93.305 Declaration and other docu ments for horses. (a) The certificates, declarations, and affidavits required by the regulations in this part shall be presented by the importer or his or her agent to the col lector of customs at the port of entry, upon arrival of horses at such port, for the use of the veterinary inspector at the port of entry. (b) For all horses offered for importa tion, the importer or his or her agent shall first present two copies of a dec laration which shall list the port of entry, the name and address of the im porter, the name and address of the broker, the origin of the horses, the number, breed, species, and purpose of the importation, the name of the per son to whom the horses will be deliv ered, and the location of the place to which such delivery will be made. (c) Any declaration, permit, or other document for horses required under VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00476 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 467 Animal and Plant Health Inspection Service, USDA § 93.308 this subpart may be issued and pre sented using a U.S. Government elec tronic information exchange system or other authorized method. [55 FR 31495, Aug. 2, 1990,as amended at 81 FR 40151, June 21, 2016] § 93.306 Inspection at the port of entry. Inspection shall be made at the port of entry of all horses imported from any part of the world except as pro vided in §§ 93.318 and 93.323. All horses found to be free from communicable disease and not to have been exposed thereto within 60 days prior to their exportation to the United States shall be admitted subject to the other provi sions in this part; all other horses shall be refused entry. Horses refused entry, unless exported within a time fixed in each case by the Administrator of Vet erinary Service, and in accordance with other provisions he or she may re quire in each case for their handling shall be disposed of as the Adminis trator may direct. Such portions of the transporting vessel, and of its cargo, which have been exposed to any such horses or their emanations shall be dis infected in such manner as may be con sidered necessary by the inspector in charge at the port of entry, to prevent the introduction or spread of livestock or poultry disease, before the cargo is allowed to land. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56016, Oct. 28, 1997; 68 FR 6344, Feb. 7, 2003] § 93.307 Articles accompanying horses. No litter or manure, fodder or other aliment, nor any equipment such as boxes, buckets, ropes, chains, blankets, or other things used for or about horses governed by the regulations this part, shall be landed from any conveyance except under such restrictions as the inspector in charge at the port of entry shall direct. § 93.308 Quarantine requirements. (a) Except as provided in this section and in § 93.324, horses intended for im portation into the United States from any part of the world shall be shipped directly to a port designated in §§ 93.303 and 92.324 and be quarantined at said port until negative results to port of entry tests are obtained and the horses are certified by the port veterinarian to be free from clinical evidence of dis ease. (1) Except as provided in §§ 93.317 and 93.324 and in paragraph (a)(1)(i) of this section, horses intended for importa tion from the Western Hemisphere shall be quarantined at a port des ignated in § 93.303 for not less than 7 days to be evaluated for signs of Ven ezuelan equine encephalomyelitis. (i) Horses imported from regions of the Western Hemisphere that APHIS considers to be free of Venezuelan equine encephalomyelitis are exempt from the requirements of paragraph (a)(1) of this section. A list of regions that APHIS has declared free of Ven ezuelan equine encephalomyelitis is maintained on the APHIS Web site at http://www.aphis.usda.gov/importlexport/ animals/ animallimport/equine/ equinelimportlquarantine.shtml. Copies of the list will also be available via postal mail, fax, or email upon request to the Sanitary Trade Issues Team, Na tional Center for Import and Export, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road Unit 38, Riverdale, Maryland 20737. (ii) APHIS will add a region to the list of those it has declared free of Ven ezuelan equine encephalomyelitis after it conducts an evaluation of the region in accordance with § 92.2 of this sub chapter and finds that the disease is not present. In the case of a region for merly on this list that is removed due to an outbreak, the region may be re turned to the list in accordance with the procedures for reestablishment of a region’s disease-free status in § 92.4 of this subchapter. APHIS will remove a region from the list of those it has de clared free of Venezuelan equine encephalomyelitis upon determining that the disease exists in the region based on reports APHIS receives of outbreaks of the disease from veteri nary officials of the exporting country, from the World Organization for Ani mal Health (OIE), or from other sources the Administrator determines to be reliable. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00477 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 468 9 CFR Ch. I (1–1–18 Edition) § 93.308 13 Because the official tests for dourine and glanders are performed only at the National Veterinary Services Laboratories in Ames, IA, the protocols for those tests have not been published and are, therefore, not avail able; however, copies of ‘‘Protocol for the Complement-Fixation Test for Equine Piroplasmosis’’ and ‘‘Protocol for the Immunno-Diffusion (Coggins) Test For Equine Infectious Anemia’’ may be obtained from the Animal and Plant Health Inspec tion Service, Veterinary Services, National Center for Import-Export, 4700 River Road Unit 38, Riverdale, MD 20737–1231. (2) Horses intended for importation from regions APHIS considers to be af fected with African horse sickness may enter the United States only at the port of New York, and must be quar antined at the New York Animal Im port Center in Newburgh, New York, for at least 60 days. This restriction also applies to horses that have stopped in or transited a region consid ered affected with African horse sick ness. (i) A list of regions that APHIS con siders affected with African horse sick ness is maintained on the APHIS Web site at http://www.aphis.usda.gov/ importlexport/animals/ animalldiseaselstatus.shtml. Copies of the list will also be available via postal mail, fax, or email upon request to the Sanitary Trade Issues Team, National Center for Import and Export, Veteri nary Services, Animal and Plant Health Inspection Service, 4700 River Road Unit 38, Riverdale, Maryland 20737. (ii) APHIS will add a region to the list upon determining that the disease exists in the region based on reports APHIS receives of outbreaks of the dis ease from veterinary officials of the ex porting country, from the World Orga nization for Animal Health (OIE), or from other sources the Administrator determines to be reliable. APHIS will remove a region from the list after con ducting an evaluation of the region in accordance with § 92.2 of this sub chapter and finding that the disease is not present in the region. In the case of a region formerly not on this list that is added due to an outbreak, the region may be removed from the list in ac cordance with the procedures for rees tablishment of a region’s disease-free status in § 92.4 of this subchapter. (3) To qualify for release from quar antine, all horses, except horses from Iceland, must test negative to official tests for dourine, glanders, equine piroplasmosis, and equine infectious anemia. 13 However, horses imported from Australia and New Zealand are exempt from testing for dourine and glanders. In addition, all horses must undergo any other tests, inspections, disinfections, and precautionary treat ments that may be required by the Ad ministrator to determine their freedom from communicable diseases. (4) Any quarantine period required for a horse shall be counted using the first day after arrival of the horse at the quarantine facility as the first day of quarantine and may be extended for such additional period as the Adminis trator may require to determine its freedom from disease. Any horse which is positive to any of the port of entry tests named in this paragraph or any other test required by the Adminis trator, or which is found by the port veterinarian to exhibit evidence of communicable disease during quar antine shall be refused entry into the United States and removed by the im porter to a country other than the United States within 10 days of the date that the importer is notified by APHIS that such horse has been re fused entry into the United States. Upon request, the Administrator may grant additional time for the removal of a horse from the United States in any case in which he or she determines that delay is unavoidable due to unforseen circumstances and the addi tional time for removal of the horse will not present a threat of the spread of communicable disease to other ani mals in the United States. At the op tion of the importer, such horse may be disposed of in accordance with such conditions as the Administrator be lieves necessary to prevent the dis semination of communicable disease into the United States. The importer shall be responsible for all costs of such removal or disposal. (b) Temporary, privately owned quar antine facilities. Horses presented for entry into the United States as pro vided in § 93.303(e) may be quarantined VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00478 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 469 Animal and Plant Health Inspection Service, USDA § 93.308 14 The name and the address of the Veteri narian in Charge in any State is available from APHIS, Veterinary Services, National Center for Import and Export, 4700 River Road Unit 39, Riverdale, MD 20737–1231. in temporary, privately owned quar antine facilities that meet the require ments of paragraphs (b)(1) and (b)(2) of this section and that have been ap proved by the Administrator for a spe cific importation. (1) Approval. Requests for approval and plans for proposed temporary fa cilities must be submitted no less than 15 days before the proposed date of entry of horses into the facility to APHIS, Veterinary Services, National Center for Import and Export, 4700 River Road Unit 39, Riverdale, MD 20737–1231. Before facility approval can be granted, a veterinary medical offi cer of APHIS must inspect the facility to determine whether it complies with the standards set forth in this section: Provided, however, that approval of any temporary facility and use of such fa cility will be contingent upon a deter mination made by the Administrator that adequate personnel are available to provide required services at the fa cility. Approval of any facility may be refused and approval of any quarantine facility may be withdrawn at any time by the Administrator, upon his or her determination that any requirements of this section are not being met. Be fore such action is taken, the operator of the facility will be informed of the reasons for the proposed action by the Administrator and afforded an oppor tunity to present his or her views. If there is a conflict as to any material fact, a hearing will be held to resolve the conflict. The cost of the facility and all maintenance and operational costs of the facility will be borne by the operator. (2) Standards and handling procedures. The facility must be maintained and operated in accordance with the fol lowing standards: (i) Inspection. Inspection and quar antine services must be arranged by the operator or his or her agent with the APHIS Veterinarian in Charge for the State in which the approved facil ity is located 14 no less than 7 days be fore the proposed date of entry of the horses into the quarantine facility. (ii) Physical plant requirements. (A) The facility must be located and con structed to prevent horses from having physical contact with animals outside the facility. (B) The facility must be constructed only with materials that can withstand repeated cleaning and disinfection. Dis infectants authorized in 9 CFR part 71 must be used. All walls, floors, and ceilings must be constructed of solid material that is impervious to mois ture. Doors, windows, and other open ings of the facility must be provided with double screens that will prevent insects from entering the facility. (iii) Sanitation and security. (A) The operator of the facility must arrange for a supply of water adequate to clean and disinfect the facility. (B) All feed and bedding must origi nate from an area not under quar antine because of splenetic or tick fever (see part 72 of this chapter) and must be stored within the facility. (C) Upon the death of any horse, the operator must arrange for the disposal of the horse’s carcass by incineration. Disposal of all other waste removed from the facility during the time the horses are in quarantine or from horses that are refused entry into the United States must be either by incineration or in a public sewer system that meets all applicable environmental quality control standards. Following comple tion of the quarantine period and the release of the horses into the United States, all waste may be removed from the quarantine facility without further restriction. (D) The facility must be maintained and operated in accordance with any additional requirements the Adminis trator deems appropriate to prevent the dissemination of any commu nicable disease. (E) The facility must comply with all applicable local, State, and Federal re quirements for environmental quality. (iv) Personnel. (A) Access to the facil ity will be granted only to persons working at the facility or to persons specifically granted such access by an APHIS representative. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00479 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 470 9 CFR Ch. I (1–1–18 Edition) § 93.308 (B) The operator must provide at tendants for the care and feeding of horses while in the quarantine facility. (C) Persons working in the quar antine facility may not come in con tact with any horses outside the quar antine facility during the quarantine period for any horses in the facility. (v) Handling of horses in quarantine. Horses offered for importation into the United States that are quarantined in an approved temporary facility must be handled in accordance with para graph (a) of this section while in quar antine. (c) Permanent, privately owned quar antine facilities. Horses presented for entry into the United States as pro vided in § 93.303(e) may be quarantined in permanent, privately owned quar antine facilities approved by the Ad ministrator as meeting the require ments of paragraphs (c)(1) through (c)(6) of this section. (1) APHIS approval—(i) Approval pro cedures. Persons seeking APHIS ap proval of a permanent, privately owned quarantine facility must write to the Administrator, c/o National Center for Import and Export, Veterinary Serv ices, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737–1231. The applica tion letter must include the full name and mailing address of the applicant; the location and street address of the facility for which approval is sought; blueprints of the facility; a description of the financial resources available for construction, operation, and mainte nance of the facility; the anticipated source or origin of horses to be quar antined, as well as the expected size and frequency of shipments; a contin gency plan for horses needing emer gency veterinary care; and a contin gency plan for the disposal of all the horses capable of being housed in the facility. (A) If APHIS determines that an ap plication is complete and merits fur ther consideration, the person applying for facility approval must enter into a service agreement with APHIS wherein the applicant agrees to pay the cost of all APHIS services associated with APHIS’ evaluation of the application and facility. APHIS charges for the evaluation of the application and facil ity at hourly rates listed in § 130.30 of this chapter. This service agreement applies only to fees accrued during the application process. If the facility is approved by APHIS, facility owners must enter into a compliance agree ment in accordance with paragraph (c)(2) of this section. (B) Requests for approval must be submitted to APHIS at least 120 days prior to the date of application for local building permits. Requests for ap proval will be evaluated on a first come, first-served basis. (ii) Criteria for approval. Before a fa cility may operate as a permanent, pri vately owned quarantine facility for horses, it must be approved by APHIS. To be approved: (A) The facility must meet all of the requirements of this section; (B) The facility must meet any addi tional requirements that may be im posed by the Administrator in each specific case, as specified in the com pliance agreement required under para graph (c)(2) of this section, to ensure that the quarantine of horses in the fa cility will be adequate to determine their health status, as well as to pre vent the transmission of diseases into, within, and from the facility; and (C) The Administrator must deter mine that sufficient personnel, includ ing one or more APHIS veterinarians and other professional, technical, and support personnel, are available to serve as APHIS representatives at the facility. If the facility is approved, APHIS representatives will be present at all import quarantine operations in order to monitor them and will be present in order to provide other tech nical services to ensure the biological security of the facility, including, but not limited to, those specified in para graph (c)(4)(v)(H) of § 93.308. The Ad ministrator’s determination will be based on the expected size and fre quency of shipments to the facility, as described in the application for ap proval of a permanent facility, as well as any other pertinent information in the application. APHIS will assign per sonnel to facilities requesting approval in the order that the facilities are ap proved. The Administrator has sole dis cretion on the number of APHIS per sonnel to be assigned to the facility. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00480 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 471 Animal and Plant Health Inspection Service, USDA § 93.308 15 The name and address of the Veteri narian in Charge in any State is available from APHIS, Veterinary Services, National Center for Import and Export, 4700 River Road Unit 39, Riverdale, MD 20737–1231. (iii) Maintaining approval. To main tain APHIS approval, the operator must continue to comply with all the requirements of paragraph (c) of this section and the terms of the compli ance agreement executed in accordance with paragraph (c)(2) of this section. (iv) Denial or withdrawal of approval. Approval for a proposed permanent, privately owned quarantine facility may be denied or approval for a facility already in operation may be withdrawn at any time by the Administrator for any of the reasons provided in para graph (c)(1)(iv)(C) of this section. (A) Before facility approval is denied or withdrawn, the operator of the facil ity will be informed of the reasons for the proposed action by the Adminis trator and afforded an opportunity to present his or her views. If there is a conflict as to any material fact, APHIS will afford the operator, upon request, the opportunity for a hearing with re spect to the merits or validity of such action. (B) The Administrator may withdraw approval of an existing facility prior to a final determination in the hearing if the Administrator determines that such action is necessary to protect ani mal health or the public health, inter est, or safety. Such withdrawal will be effective upon oral or written notifica tion, whichever is earlier, to the oper ator of the facility. In the event of oral notification, APHIS will promptly give written confirmation to the operator of the facility. This withdrawal will con tinue in effect pending the completion of the hearing and any judicial review, unless otherwise ordered by the Admin istrator. In addition to withdrawal of approval for the reasons provided in paragraph (c)(1)(iv)(C) of this section, the Administrator will also automati cally withdraw approval when the oper ator of any approved facility notifies the APHIS Veterinarian in Charge for the State in which the facility is lo cated, in writing, that the facility is no longer in operation. 15 (C) The Administrator may deny or withdraw approval of a permanent, pri vately owned facility if: (1) Any requirement of this section or the compliance agreement is not com plied with; or (2) The operator fails to remit any charges for APHIS services rendered; or (3) The operator or a person respon sibly connected with the business of the quarantine facility acts as a paid agent (broker) for the importation or subsequent sale of horses; or (4) The operator or a person respon sibly connected with the business of the quarantine facility is or has been found by a court of competent jurisdic tion to have violated any law or regu lation pertaining to the importation or quarantine of any animal; or (5) The operator or a person respon sibly connected with the business of the quarantine facility is or has been convicted of any crime involving fraud, bribery, or extortion or any other crime involving a lack of the integrity needed for the conduct of operations af fecting the importation of animals; or (6) The approved quarantine facility has not been in use to quarantine horses for a period of at least 1 year. (D) For the purposes of this section, a person is deemed to be responsibly connected with the business of the quarantine facility if such person has an ownership, mortgage, or lease inter est in the facility’s physical plant, or if such person is a partner, officer, direc tor, holder, or owner of 10 percent or more of its voting stock, or is an em ployee in a managerial or executive ca pacity. (v) Approval for existing facilities. Any permanent, privately owned quarantine facility operating under APHIS author ization on August 3, 2009 must be ap proved by APHIS to continue quar antine operations by August 3, 2010 or else must cease horse quarantine oper ations. (2) Compliance agreement. (i) All per manent, privately owned quarantine facilities for horses must operate in ac cordance with a compliance agreement executed by the operator or his or her agent and the Administrator, which must be renewed on an annual basis. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00481 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 472 9 CFR Ch. I (1–1–18 Edition) § 93.308 (ii) The compliance agreement must provide that: (A) The facility must meet all appli cable requirements of this section; (B) The operator agrees to have APHIS representatives present at all import quarantine operations at the fa cility in order to monitor the import quarantine operations; (C) The operator agrees to be respon sible for the cost of the facility; all costs associated with its maintenance and operation; all costs associated with the hiring of employees and other per sonnel to attend to the horses as well as to maintain and operate the facility; all costs associated with the care of quarantined horses, such as feed, bed ding, medicines, inspections, testing, laboratory procedures, and necropsy examinations; and all APHIS charges for the services of APHIS representa tives in accordance with this section and part 130 of this chapter; (D) The operator agrees to bar from the facility any employee or other per sonnel at the facility who fails to com ply with paragraph (c) of this section or other provisions of this part, any terms of the compliance agreement, or related instructions from APHIS rep resentatives; (E) The operator agrees to dem onstrate, to the satisfaction of the Ad ministrator, that the routine cleaning and maintenance of the facility, the daily care of animals in quarantine, the disposal of wastes at the facility, the cleaning and disinfection proce dures employed by the facility, the handling, washing, and disposal of soiled and contaminated clothing worn within the facility, and the disposal of dead horses, whether onsite or offsite, adhere to the best practices of biologi cal security and animal care; (F) The operator agrees to random spot audits by APHIS representatives to determine whether employees and other personnel are complying with these practices; and (G) The operator of the facility al lows the Administrator to amend the compliance agreement at any time after approval of the facility in order to incorporate related instructions issued by APHIS representatives while the facility is operational (3) Physical plant requirements. The fa cility must meet the following require ments as determined by an APHIS in spection prior to admitting horses into the facility: (i) Location. The quarantine facility must be located in proximity to a port authorized under § 93.303(e). The site and the specific routes for the move ment of horses from the port to the site must be approved by the Adminis trator based on consideration of wheth er the site or routes would put the horses in a position that could result in the transmission of communicable dis eases to domestic horses. (ii) Construction. The facility must be of sound construction, in good repair, and properly designed to prevent the escape of quarantined horses. It must have adequate capacity to receive and house shipments of horses as lots on an ‘‘all in, all out’’ basis, whereby sepa rate lots of horses can be received and housed without contact with any other lots being quarantined at the facility. The facility must include the fol lowing: (A) Perimeter fencing. The facility must be surrounded by a security fence of sufficient height and design to pre vent the entry of unauthorized people and animals from outside the facility and to prevent the escape of the horses in quarantine. (B) Entrances and exits. All entryways into the nonquarantine area of the fa cility must be equipped with a secure and lockable door. While horses are in quarantine, all access to the quar antine area for horses must be from within the building, and each such entryway to the quarantine area must be equipped with a series of solid self closing double doors. Emergency exits to the outside are permitted in the quarantine area. Such emergency exits must be constructed so as to permit their being opened from the inside of the facility only. (C) Windows and other openings. The facility must be constructed so that any windows or other openings in the quarantine area are double-screened with screening of sufficient gauge and mesh to prevent the entry or exit of in sects and other vectors of diseases of horses and to provide ventilation suffi cient to ensure the comfort and safety VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00482 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 473 Animal and Plant Health Inspection Service, USDA ยง 93.308 of all horses in the facility. The inte rior and exterior screens must be sepa rated by at least 3 inches (7.62 cm). All screening of windows or other openings must be easily removable for cleaning, but must otherwise remain locked and secure at all times in a manner satis factory to APHIS representatives in order to ensure the biological security of the facility. (D) Lighting. The entire facility, in cluding its stalls and hallways, must have adequate lighting. (E) Loading docks. The facility must have separate docks for animal receiv ing and releasing and for general re ceiving and pickup, unless a single dock used for both purposes is cleaned and disinfected after each use in ac cordance with paragraph (c)(4)(iv)(F) of this section. (F) Surfaces. The facility must be constructed so that the floor surfaces with which horses have contact are nonslip and wear-resistant. All floor surfaces with which the horses, their excrement, or discharges have contact must provide for adequate drainage. All floor and wall surfaces with which the horses, their excrement, or dis charges have contact must be imper vious to moisture and be able to with stand frequent cleaning and disinfec tion without deterioration. Ceilings and wall surfaces with which the horses, their excrement, or discharges do not have contact must be able to withstand cleaning and disinfection be tween shipments of horses. All floor and wall surfaces must be free of sharp edges that could cause injury to horses. (G) Horse stalls. The stalls in which horses are kept must be large enough to allow each animal to make normal postural and social adjustments with adequate freedom of movement. Exer cise equipment for horses may be kept in the stalls, provided that there will still be sufficient space within the stalls for the horses to move freely once the equipment is installed. (H) Aisleways. The aisleways through which horses are moved to and from stalls must be wide enough to provide for safe movement of horses, including allowing horses to turn around in the aisleway, preventing horses in facing stalls from coming into contact with horses in the aisleway, and adequately ventilating the stalls. (I) Means of isolation. Physical bar riers must separate different lots of horses in the facility so that horses in one lot cannot have physical contact with horses in another lot or with their excrement or discharges. Stalls must be available that are capable of iso lating any horses exhibiting signs of illness. (J) Showers. A shower must be lo cated at each entrance to the quar antine area. If the facility has a ne cropsy area, a shower must be located at the entrance to the necropsy area. A clothes-storage and clothes-changing area must be provided with each show er area. There must also be one or more receptacles near each shower so that clothing that has been worn into the quarantine area can be deposited in a receptacle prior to entering the show er. (K) APHIS space. The facility must have adequate space for APHIS rep resentatives to conduct examinations and testing of the horses in quarantine, prepare and package samples for mail ing, and store the necessary equipment and supplies for duplicate samples. The space provided to conduct examina tions and testing must include a refrig erator-freezer in which to store sam ples. The examination space must in clude equipment to provide for the safe inspection of horses. The facility must also include a secure, lockable office for APHIS use with enough room for a desk, chair, and filing cabinet. (L) Necropsy area. The facility must either include an area for conducting necropsies onsite or must have des ignated an alternate facility at which a suitable necropsy area is available. If the facility has a necropsy area, it must be of sufficient size to perform necropsies on horses and be equipped with adequate lighting, hot and cold running water, a drain, a cabinet for storing instruments, a refrigerator freezer for storing specimens, and an autoclave to sterilize veterinary equip ment. If the facility does not have such an area, it must specify an alternate facility at which a suitable necropsy area is available, a route from the VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00483 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 474 9 CFR Ch. I (1–1–18 Edition) § 93.308 quarantine facility to the alternate fa cility’s necropsy area, and the safe guards that will be in place to ensure that communicable diseases of horses are not spread during transit. This al ternate facility and transport method ology must be approved by the Admin istrator under the procedures for re questing variances outlined in para graph (c)(6) of this section. (M) Storage. The facility must have sufficient storage space for equipment and supplies used in import quarantine operations. Storage space must include separate, secure storage for pesticides and for medical and other biological supplies, as well as a separate vermin proof storage area for feed and bedding, if feed and bedding are stored at the fa cility. If the facility has multiple lot holding areas, then separate storage space for any reusable supplies and equipment that are not disinfected after each use in accordance with part 71 of this chapter must be provided for each lot-holding area. (N) Additional space needs. The facil ity must have an area for washing and drying clothes, linens, and towels and an area for cleaning and disinfecting equipment used in the facility. The fa cility must also include a work area for the repair of equipment. (O) Restrooms. The facility must have permanent restrooms in both the quar antine and nonquarantine areas of the facility. (P) Ventilation and climate control. The facility must be constructed with an air handling system capable of con trolling and maintaining the ambient temperature, air quality, humidity, and odor at levels that are not inju rious or harmful to the health of horses in quarantine. Air supplied to the quar antine area must not be recirculated or reused for other ventilation needs. Air handling systems for lot-holding areas must be separate from air handling systems for other operational and ad ministrative areas of the facility. In addition, if the facility is equipped to handle more than one lot of horses at a time, the air handling system must be adequate to ensure that there is no cross-contamination of air between separate lot-holding areas. (Q) Fire protection. The facility, in cluding the lot-holding areas, must have a fire alarm voice communication system. (R) Communication system. The facil ity must have a communication system between the nonquarantine and quar antine areas of the facility. (iii) Sanitation. To ensure that proper animal health and biological security measures are observed, the facility must have the following: (A) Equipment and supplies nec essary to maintain the facility in clean and sanitary condition, including pest control equipment and supplies and cleaning and disinfecting equipment with adequate capacity to disinfect the facility and equipment. (B) Any reusable equipment and sup plies that are not disinfected after each use in accordance with part 71 of this chapter maintained separately for each lot of horses. (C) Equipment and supplies used in the quarantine area maintained sepa rately from equipment and supplies used in the nonquarantine area. (D) A supply of potable water ade quate to meet all watering and clean ing needs, with water faucets for hoses located throughout the facility. An emergency supply of water for horses in quarantine must also be maintained. (E) A stock of disinfectant authorized in part 71 of this chapter or otherwise approved by the Administrator that is sufficient to disinfect the entire facil ity. (F) The capability to dispose of wastes, including manure, urine, and used bedding, by means of burial, incin eration, or public sewer. Other waste material must be handled in such a manner that minimizes spoilage and the attraction of pests and must be dis posed of by incineration, public sewer, or other preapproved manner that pre vents the spread of disease. Disposal of wastes must be carried out in accord ance with the terms of the compliance agreement, and is subject to spot au dits by APHIS representatives. (G) The capability to dispose of horse carcasses in a manner approved by the Administrator and under conditions that minimize the risk of disease spread from carcasses. (H) For incineration to be carried out at the facility, the facility must have VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00484 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 475 Animal and Plant Health Inspection Service, USDA § 93.308 incineration equipment that is de tached from other facility structures and is capable of burning animal waste and refuse. The incineration site must also include an area sufficient for solid waste holding. Incineration may also take place at a local site away from the facility premises. All incineration activities, whether onsite or offsite, must be carried out in accordance with the terms of the compliance agree ment, and are subject to spot audits by APHIS representatives. (I) The capability to control surface drainage and effluent into, within, and from the facility in a manner that pre vents the spread of disease into, with in, or from the facility. If the facility is approved to handle more than one lot of horses at the same time, the drainage system must be adequate to ensure that there is no cross-contami nation between lot-holding areas. (iv) Security. Facilities must provide the following security measures: (A) The facility and premises must be kept locked and secure at all times while horses are in quarantine. (B) The facility and premises must have signs indicating that the facility is a quarantine area and no visitors are allowed. (C) The facility and premises must be guarded at all times by one or more representatives of a bonded security company, or, alternatively, the facility must have an electronic security sys tem that indicates the entry of unau thorized persons into the facility. Elec tronic security systems must be co ordinated through or with the local po lice so that monitoring of the quar antine facility is maintained whenever APHIS representatives are not at the facility. The electronic security sys tem must be of the ‘‘silent type’’ and must be triggered to ring at the moni toring site and not at the facility. The electronic security system must be ap proved by Underwriter’s Laboratories. The operator must provide written in structions to the monitoring agency stating that the police and a represent ative of APHIS designated by APHIS must be notified by the monitoring agency if the alarm is triggered. The operator must also submit a copy of those instructions to the Adminis trator. The operator must notify the designated APHIS representative whenever a breach of security occurs or is suspected of having occurred. In the event that disease is diagnosed in quar antined horses, the Administrator may require the operator to have the facil ity guarded by a bonded security com pany in a manner that the Adminis trator deems necessary to ensure the biological security of the facility. (D) The operator must furnish a tele phone number or numbers to APHIS at which the operator or his or her agent can be reached at all times. (E) APHIS is authorized to place APHIS seals on any or all entrances and exits of the facility when deter mined necessary by APHIS and to take all necessary steps to ensure that such seals are broken only in the presence of an APHIS representative. If someone other than an APHIS representative breaks such seals, APHIS will consider the act a breach in security and APHIS representatives will make an imme diate accounting of all horses in the fa cility. If a breach in security occurs, APHIS may extend the quarantine pe riod as long as necessary to determine that the horses are free of commu nicable diseases. (4) Operating procedures. The fol lowing procedures must be observed at the facility at all times: (i) Oversight by APHIS representatives. (A) Import quarantine operations at a privately owned quarantine facility may only be conducted with the phys ical presence of and monitoring by APHIS representatives. APHIS rep resentatives are also authorized to per form the services required by this sec tion and by the compliance agreement. (B) If, as the result of a spot audit, or for any other reason, APHIS deter mines that the operator has failed to properly care for, feed, or handle quar antined horses as required in this para graph (c) or in accordance with the terms of the compliance agreement, or has failed to maintain and operate the facility as provided in this paragraph (c) or in accordance with the terms of the compliance agreement, APHIS rep resentatives will furnish such services, will make arrangements for the sale or disposal of quarantined horses at the quarantine facility owner’s expense, or will begin the process for withdrawal of VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00485 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 476 9 CFR Ch. I (1–1–18 Edition) § 93.308 approval of the quarantine facility specified in paragraph (c)(1)(iv) of this section. (ii) Personnel. (A) The operator must provide adequate personnel to main tain the facility and care for the horses in quarantine, including attendants to care for and feed horses, and other per sonnel as needed to maintain, operate, and administer the facility. (B) The operator must provide APHIS with an up-to-date list of all personnel who have access to the facility. The list must include the names, current residential addresses, and employee identification numbers of each person. When the operator wishes to grant ac cess to the facility to persons who have not previously had access to it, the op erator must update the list prior to such persons having access to the quar antine facility. (C) The operator must provide APHIS with signed statements from each em ployee and any other personnel hired by the operator and working at the fa cility in which the person agrees to comply with paragraph (c) of this sec tion and applicable provisions of this part, all terms of the compliance agreement, and any related instruc tions from APHIS representatives per taining to import quarantine oper ations, including contact with animals both inside and outside the facility. (iii) Authorized access. Access to the facility premises as well as inside the quarantine area will be granted only to APHIS representatives, authorized em ployees, and other personnel of the op erator assigned to work at the facility. All other persons are prohibited from the premises unless specifically grant ed access by an APHIS representative. Any visitors granted access must be ac companied at all times by an APHIS representative while on the premises or in the quarantine area of the facility. (iv) Sanitary requirements. (A) All per sons granted access to the quarantine area must: (1) Shower when entering and leaving the quarantine area; (2) Shower when leaving the necropsy area if a necropsy is in the process of being performed or has just been com pleted, or if all or portions of the exam ined animal remain exposed; (3) Wear clean protective work cloth ing and footwear upon entering the quarantine area; (4) Wear disposable gloves when han dling sick horses and then wash hands after removing gloves; and (5) Change protective clothing, foot wear, and gloves when they become soiled or contaminated. (B) The operator is responsible for providing a sufficient supply of cloth ing and footwear to ensure that all per sons provided access to the quarantine area at the facility have clean, protec tive clothing, and footwear when they enter the quarantine area. (C) The operator is responsible for the handling, washing, and disposal of soiled and contaminated clothing worn within the quarantine facility in ac cordance with the terms of the compli ance agreement. At the end of each workday, work clothing worn into the quarantine area must be collected and kept in a bag until the clothing is washed. Used footwear must either be left in the clothes-changing area or cleaned with hot water (148 °F min imum) and detergent and disinfected in accordance with the terms of the com pliance agreement. APHIS representa tives may conduct spot audits of all handling, cleaning, and/or disposal of used clothing or used footwear. (D) All equipment (including trac tors) must be cleaned and disinfected prior to being used in the quarantine area of the facility with a disinfectant authorized in part 71 of this chapter or otherwise approved by the Adminis trator. The equipment must remain dedicated to the facility for the entire quarantine period. Any equipment used with quarantined horses (e.g., halters, floats, feed, water buckets, and exer cise equipment) must remain dedicated to that particular lot of quarantined horses for the duration of the quar antine period or be cleaned and dis infected before coming in contact with horses from another lot. Prior to its re moval from the quarantine premises, any equipment must be cleaned and disinfected in accordance with the terms of the compliance agreement. APHIS representatives may conduct spot audits of all cleaning and disinfec tion of equipment. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00486 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 477 Animal and Plant Health Inspection Service, USDA § 93.308 (E) Any vehicle, before entering or leaving the quarantine area of the fa cility, must be cleaned and disinfected in accordance with the terms of the compliance agreement within a time period authorized by the APHIS rep resentative and with a disinfectant au thorized in part 71 of this chapter or otherwise approved by the Adminis trator. APHIS representatives may conduct spot audits of all cleaning and disinfection of vehicles. (F) If the facility has a single loading dock, the loading dock must be cleaned and disinfected after each use in ac cordance with the terms of the compli ance agreement within a time period authorized by the APHIS representa tive and with a disinfectant authorized in part 71 of this chapter or otherwise approved by the Administrator. APHIS representatives may conduct spot au dits of all cleaning and disinfection of the loading dock. (G) That area of the facility in which a lot of horses has been held or has had access to must be thoroughly cleaned and disinfected, with a disinfectant au thorized in part 71 of this chapter or otherwise approved by the Adminis trator, in accordance with the terms of the compliance agreement, upon re lease of the horses before a new lot of horses is placed in that area of the fa cility. APHIS representatives may con duct spot audits of all cleaning and dis infection of lot-holding areas. (v) Handling of the horses in quar antine. (A) All horses must be handled in accordance with paragraph (a) of this section. (B) Each lot of horses to be quar antined must be placed in the facility on an ‘‘all-in, all out’’ basis. No horse may be taken out of the lot while it is in quarantine, except for diagnostic purposes or as provided in paragraph (a)(4) of this section, and no horse may be added to the lot while the lot is in quarantine. Once import quarantine operations have been completed on a lot, but while the lot is still at the fa cility, a horse may be removed from that lot. (C) The facility must provide suffi cient feed and bedding for the horses in quarantine, and it must be free of vermin and not spoiled. Feed and bed ding must originate from an area that is not listed in part 72 of this chapter as an area quarantined for splenetic or tick fever. (D) Breeding of horses or collection of germplasm from horses is prohibited during the quarantine period. (E) Horses in quarantine will be sub jected to such tests and procedures as directed by an APHIS representative to determine whether they are free from communicable diseases of horses. (F) Any death or suspected illness of horses in quarantine must be reported immediately to APHIS. The affected horses must be disposed of as the Ad ministrator may direct, or depending on the nature of the disease, must be cared for as directed by APHIS to pre vent the spread of the disease. (G) Quarantined horses requiring spe cialized medical attention or addi tional postmortem testing may be transported off the quarantine site, if authorized by APHIS. A second quar antine site must be established to house the horses at the facility of des tination (e.g., veterinary teaching hos pital). In such cases, APHIS may ex tend the quarantine period for that horse and for its lot until the results of any outstanding tests or postmortem results are received. (H) Should a horse be determined to be infected with or exposed to a Feder ally regulated disease of horses, ar rangements for the final disposition of the infected or exposed horse must be accomplished within 10 days of the date that the importer is notified by the overseeing APHIS representative that the horse has been refused entry into the United States. APHIS representa tives must be physically present at and directly monitor the subsequent dis position of the horse. The operator must have a preapproved contingency plan for the disposal of all horses housed at the facility prior to issuance of the import permit. (I) Vaccination of horses in quar antine is prohibited. However, once im port quarantine operations have been completed on a lot, but while the lot is still at the facility, horses in that lot may be vaccinated. (vi) Records. (A) The facility operator must maintain a current daily record VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00487 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 478 9 CFR Ch. I (1–1–18 Edition) § 93.309 to record the entry and exit of all per sons entering and leaving the quar antine facility. (B) The operator must maintain the daily record, along with any records kept by APHIS and deposited with the operator, for at least 2 years following the date of release of the horses from quarantine and must make such records available to APHIS representa tives upon request. (5) Environmental quality. If APHIS determines that a privately operated quarantine facility does not meet ap plicable local, State, or Federal envi ronmental regulations, APHIS may deny or suspend approval of the facility until appropriate remedial measures have been applied. (6) Variances. The Administrator may grant variances to existing require ments relating to location, construc tion, and other design features of the physical facility, as well as to sanita tion, security, operating procedures, recordkeeping, and other provisions of paragraph (c) of this section, but only if the Administrator determines that the variance causes no detrimental im pact to the overall biological security of the import quarantine operations. The operator must submit a request for a variance from the requirements for the construction of the facility in para graph (c)(3) of this section to the Ad ministrator in writing prior to the con struction of the facility. The operator must submit a request for a variance from the operational requirements in paragraph (c)(4) of this section to the Administrator in writing at least 30 days in advance of the arrival of horses to the facility. Any variance must also be expressly provided for in the compli ance agreement. (Approved by the Office of Management and Budget under control number 0579–0313) [55 FR 31495, Aug. 2, 1990] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 93.308, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 93.309 Horse quarantine facilities; payment information. (a) Privately operated quarantine facili ties. The importer, or his or her agent, of horses subject to quarantine under the regulations in this part shall ar range for acceptable transportation to the privately operated quarantine fa cility and for the care, feed, and han dling of the horses from the time of un loading at the quarantine port to the time of release from quarantine. Such arrangements shall be agreed to in ad vance by the Administrator. All ex penses resulting therefrom or incident thereto shall be the responsibility of the importer; APHIS assumes no re sponsibility with respect thereto. The quarantine facility must be suitable for the quarantine of such horses and must be approved by the Administrator prior to the issuance of any import permit. The facilities occupied by horses should be kept clean and sanitary to the satisfaction of the inspector as signed to supervise the quarantine. If for any cause the care, feed, or han dling of horses, or the sanitation of the facilities, is neglected, in the opinion of the inspector assigned to supervise the quarantine, such services may be furnished by APHIS in the same man ner as though arrangements had been made for such services as provided by paragraph (b) of this section, and/or the horses may be disposed of as the Ad ministrator, may direct, including sale in accordance with the procedure de scribed in paragraph (b) of this section. The importer, or his or her agent, shall request in writing such inspection and other services as may be required, and shall waive all claim against the United States and APHIS or any em ployee of APHIS for damages which may arise from such services. The Ad ministrator, may prescribe reasonable rates for the services provided under this paragraph. When it is found nec essary to extend the usual minimum quarantine period, the importer, or his or her agent, shall be so advised in writing and shall pay for such addi tional quarantine and other services required. Payment for all services re ceived by the importer, or his or her agent, in connection with each sepa rate lot of horses shall be made by cer tified check or U.S. money order prior to release of the horses. If such pay ment is not made, the horses may be sold in accordance with the procedure VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00488 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 479 Animal and Plant Health Inspection Service, USDA § 93.311 described in paragraph (b) of this sec tion, or otherwise disposed of as di rected by the Administrator. (b) Quarantine facilities maintained by APHIS. The importer, or his or her agent, of horses subject to quarantine under the regulations in this part shall arrange for acceptable transportation to the quarantine facility, and for the care, feed, and handling of the horses from the time they arrive at the quar antine port to the time of release from quarantine. Such arrangements shall be agreed to in advance by the Admin istrator. The importer or his or her agent shall request in writing such in spection and other services as may be required, and shall waive all claim against the United States and APHIS or any employee of APHIS, for dam ages which may arise from such serv ices. All expenses resulting therefrom or incident thereto shall be the respon sibility of the importer; APHIS as sumes no responsibility with respect thereto. The Administrator may pre scribe reasonable rates for the services provided under this paragraph. When it is found necessary to extend the usual minimum quarantine period, the im porter, or his or her agent, shall be so advised in writing and shall pay for such additional quarantine and other services required. Payment for services received by the importer, or his or her agent, in connection with each sepa rate lot of horses shall be made by cer tified check or U.S. money order prior to release of the horses. If such pay ment is not made, the horses may be sold in accordance with the procedure described in this paragraph or other wise disposed of as directed by the Ad ministrator. When payment is not made and the horses are to be sold to recover payment for services received, the importer, or his or her agent, will be notified by the inspector that if said charges are not immediately paid or satisfactory arrangements made for payment, the horses will be sold at public sale to pay the expense of care, feed, and handling during that period. The sale will be held after the expira tion of the quarantine period, at such time and place as may be designated by the General Services Administration or other designated selling agent. The proceeds of the sale, after deducting the charges for care, feed, and handling of the horses and other expenses, in cluding the expense of the sale, shall be held in a Special Deposit Account in the United States Treasury for 6 months from the date of sale. If not claimed by the importer, or his or her agent, within 6 months from the date of sale, the amount so held shall be transferred from the Special Deposit Account to the General Fund Account in the United States Treasury. (c) Amounts collected from the im porter, or his or her agent, for service rendered shall be deposited so as to be available for defraying the expenses in volved in this service. § 93.310 Quarantine stations, visiting restricted; sales prohibited. Visitors are not permitted in the quarantine enclosure during any time that the horses are in quarantine un less an APHIS representative specifi cally grants access under such condi tions and restrictions as may be im posed by APHIS. An importer (or his or her agent or accredited veterinarian) may be admitted to the lot-holding area(s) containing his or her quar antined horses at such intervals as may be deemed necessary, and under such conditions and restrictions as may be imposed, by an APHIS rep resentative. On the last day of the quarantine period, owners, officers or registry societies, and others having official business or whose services may be necessary in the removal of the horses may be admitted upon written permission from an APHIS representa tive. No exhibition or sale shall be al lowed within the quarantine grounds. [74 FR 31601, July 2, 2009] § 93.311 Milk from quarantined horses. Milk or cream from horses quar antined under the provisions of this part shall not be used by any person other than those in charge of such horses, nor be fed to any animals other than those within the same enclosure, without permission of the inspector in charge of the quarantine station and subject to such restrictions as he or she may consider necessary to each in stance. No milk or cream shall be re moved from the quarantine premises VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00489 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 480 9 CFR Ch. I (1–1–18 Edition) § 93.312 except in compliance with all State and local regulations. § 93.312 Manure from quarantined horses. No manure shall be removed from the quarantine premises until the release of the horses producing same. § 93.313 Appearance of disease among horses in quarantine. If any contagious disease appears among horses during the quarantine period special precautions shall be taken to prevent spread of the infec tion to other animals in the quarantine station or to those outside the grounds. The affected horses shall be disposed of as the Administrator may direct, de pending upon the nature of the disease. § 93.314 Horses, certification, and ac companying equipment. (a) Horses offered for importation from any part of the world shall be ac companied by a certificate of a salaried veterinary officer of the national gov ernment of the region of origin, or if exported from Mexico, shall be accom panied either by such a certificate or by a certificate issued by a veteri narian accredited by the National Gov ernment of Mexico and endorsed by a full-time salaried veterinary officer of the National Government of Mexico, thereby representing that the veteri narian issuing the certificate was au thorized to do so, showing that: (1) The horses described in the cer tificate have been in said region during the 60 days preceding exportation; (2) That each horse has been in spected on the premises of origin and found free of evidence of communicable disease and, insofar as can be deter mined, exposure thereto during the 60 days preceding exportation; (3) That each horse has not been vac cinated with a live or attenuated or in activated vaccine during the 14 days preceding exportation: Provided, how ever, that in specific cases the Adminis trator may authorize horses that have been vaccinated with an inactivated vaccine to enter the United States when he or she determines that in such cases and under such conditions as he or she may prescribe such importation will not endanger the livestock in the United States, and such horses comply with all other applicable requirements of this part; (4) That, insofar as can be deter mined, no case of African horse sick ness, dourine, glanders, surra, epizootic lymphangitis, ulcerative lymphangitis, equine piroplasmosis, Venezuelan equine encephalomyelitis, vesicular stomatitis, or equine infectious anemia has occurred on the premises of origin or on adjoining premises during the 60 days preceding exportation; and (5) That, except as provided in § 93.301(g): (i) The horses have not been in any region listed in § 93.301(c)(1) as affected with CEM during the 12 months imme diately prior to their importation into the United States; (ii) The horses have not been on any premises at any time during which time such premises were found by an official of the veterinary services of the national government of the region where such premises are located, to be affected with CEM; (iii) The horses have not been bred by or bred to any horses from an affected premises; and (iv) The horses have had no other contact with horses that have been found to be affected with CEM or with horses that were imported from regions affected with CEM. (b) If a horse is presented for impor tation from a region where it has been for less than 60 days, the horse must be accompanied by a certificate that meets the requirements of paragraph (a) of this section that has been issued by a salaried veterinary officer of the national government of each region in which the horse has been during the 60 days immediately preceding its ship ment to the United States. The dates during which the horse was in each re gion during the 60 days immediately preceding its exportation to the United States shall be included as a part of the certification. (c) Following the port-of-entry in spection required by § 93.306 of this part, and before a horse offered for im portation from any part of the world is released from the port of entry, an in spector may require the horse and its accompanying equipment to be dis infected as a precautionary measure VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00490 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 481 Animal and Plant Health Inspection Service, USDA § 93.318 16 Importations from Canada shall be sub ject to §§ 93.315, 93.316, 93.317 and 93.318, in ad dition to other sections in this part which are in terms applicable to such importations. against the introduction of foot-and mouth disease or any other disease dangerous to the livestock of the United States. [61 FR 52245, Oct. 7, 1996. Redesignated and amended at 62 FR 56012, 56017, Oct. 28, 1997; 63 FR 53783, Oct. 7, 1998] CANADA 16 § 93.315 Import permit and declaration for horses. For all horses offered for importation from Canada, the importer or his or her agent shall present two copies of a dec laration as provided in § 93.305. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56017, Oct. 28, 1997] § 93.316 Horses from Canada for imme diate slaughter. Horses imported from Canada for im mediate slaughter shall be consigned from the port of entry directly to a rec ognized slaughtering establishment and there be slaughtered within two weeks from the date of entry. Such horses shall be inspected at the port of entry and otherwise handled in accord ance with § 93.306. As used in this sec tion, ‘‘directly’’ means without unload ing en route if moved in a means of conveyance, or without stopping if moved in any other manner. [55 FR 31495, Aug. 2, 1990, as amended at 59 FR 28216, June 1, 1994. Redesignated and amended at 62 FR 56012, 56017, Oct. 28, 1997] § 93.317 Horses from Canada. (a) Except as provided in paragraph (c) of this section, horses from Canada shall be inspected as provided in § 93.306; shall be accompanied by a cer tificate as required by § 93.314 which shall include evidence of a negative test for equine infectious anemia for which blood samples were drawn during the 180 days preceding exportation to the United States and which test was conducted in a laboratory approved by the Canada Department of Agriculture or the United States Department of Agriculture; Except, that horses accom panying their dams which were foaled after their dam was so tested negative need not be so tested; and shall other wise be handled as provided in § 93.314: Provided, however, That certificates re quired for horses from Canada may be either issued or endorsed by a salaried veterinarian of the Canadian Govern ment: And provided, further, That USDA veterinary port inspection is not required for horses imported from Can ada under temporary Customs author ization for a period of 30 days from the date of issue of the certificate and the certificate issued is valid for an unlim ited number of importations into the United States during the 30-day period. (b) Horses of United States origin that are imported into Canada under an export health certificate valid for a period of 30 days from the date of issue may re-enter the United States an un limited number of times during the 30 day period, without USDA veterinary port inspection, at any Custom land border port of entry designated for ani mals from Canada, if accompanied by the original export health certificate under which they were permitted entry into Canada. (c) Horses for immediate slaughter may be imported from Canada without the certification prescribed in para graph (a) of this section, but shall be subject to the other applicable provi sions of this part, and shall be accom panied by a certificate issued or en dorsed by a salaried veterinarian of the Canadian Government stating that: (1) The horses were inspected on the premises where assembled for shipment to the United States within the 30 days immediately prior to the date of export and were found free of evidence of com municable disease, and (2) As far as can be determined, they have not been exposed to any such dis ease during the 60 days immediately preceding their exportation. [55 FR 31495, Aug. 2, 1990, as amended at 56 FR 33863, July 24, 1991. Redesignated and amended at 62 FR 56012, 56017, Oct. 28, 1997] § 93.318 Special provisions. (a) In-bond shipments from Canada. (1) Horses from Canada transported in bond through the United States for im mediate export shall be inspected at VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00491 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 482 9 CFR Ch. I (1–1–18 Edition) § 93.319 17 Importations from regions of Central America and the West Indies shall be subject to §§ 93.319 and 93.320, in addition to other sections in this subpart, which are in terms applicable to such importations. the border port of entry and, when ac companied by an import permit ob tained under § 93.304 of this part and all conditions therein are observed, shall be allowed entry into the United States and shall be otherwise handled as pro vided in paragraph (b) of § 93.301. Horses not accompanied by a permit shall meet the requirements of this part in the same manner as horses destined for importation into the United States, ex cept that the Administrator may per mit their inspection at some other point when he or she finds that such action will not increase the risk that communicable diseases of livestock and poultry will be disseminated to the livestock or poultry of the United States. (2) In-transit shipments through Can ada. Horses originating in the United States and transported directly through Canada may re-enter the United States without Canadian health or test certificates when accompanied by copies of the United States export health certificates properly issued and endorsed in accordance with regula tions in part 91 of this chapter: Pro vided, That, to qualify for entry, the date, time, port of entry, and signature of the Canadian Port Veterinarian that inspected the horses for entry into Canada shall be recorded on the United States health certificate, or a paper containing the information shall be at tached to the certificate that accom panies the horses. In all cases it shall be determined by the veterinary in spector at the United States port of entry that the horses are the identical horses covered by said certificate. (b) Exhibition horses. Except as pro vided in § 93.317(b), horses from the United States which have been exhib ited at the Royal Agricultural Winter Fair at Toronto or other publicly rec ognized expositions in Canada, includ ing racing, horse shows, rodeo, circus, or stage exhibitions in Canada, and have not been in that region for more than 90 days are eligible for return to the United States without Canadian health or test certificates, if they are accompanied by copies of the United States health certificate, issued and endorsed in accordance with the export regulations contained in part 91 of this chapter for entry into Canada: Pro vided, That in the case of horses for ex hibition, including race horses, the cer tificates shall certify that negative re sults were obtained from official tests for equine infectious anemia for which blood samples were drawn within 180 days of the date that the horses are of fered for return to the United States: And, provided further, That all horses offered for re-entry upon examination by the veterinary inspector at the U.S. port of entry, are found by the inspec tor to be free of communicable diseases and exposure thereto and are deter mined to be the identical horses cov ered by said certificates or are the nat ural increase of such horses born after official test dates certified on the dam’s health certificate. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56017, Oct. 28, 1997] CENTRAL AMERICA AND THE WEST INDIES 17 § 93.319 Import permit and declaration for horses. For all horses offered for importation from regions of Central America or of the West Indies, the importer or his or her agent shall present two copies of a declaration as provided in § 93.305. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56017, Oct. 28, 1997] § 93.320 Horses from Central America and the West Indies. Horses from Central America and the West Indies shall be inspected as pro vided in § 93.306; shall be accompanied by a certificate and otherwise handled as provided in § 93.314; and shall be quarantined and tested as provided in § 93.308(a), (b) and (c): Provided, That any such horses that are found to be in fested with fever ticks, Boophilus annulatus, shall not be permitted entry until they have been freed therefrom by dipping in a permitted arsenical so lution or by other treatment approved by the Administrator. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56017, Oct. 28, 1997] VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00492 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 483 Animal and Plant Health Inspection Service, USDA § 93.325 18 Importations from Mexico shall be sub ject to §§ 93.321 to 93.326 inclusive, in addition to other sections in this subpart which are in terms applicable for such importations. 19 In view of the fact that official test for dourine and glanders are run exclusively at the National Veterinary Services Labora tory, Ames, Iowa, protocols for these tests have not been published and are therefore not available; copies of ‘‘Protocol for the Complement-Fixation Test for Equine Piroplasmosis’’ and ‘‘Protocol for the Immuno-Diffusion (Coggins) Test for Equine Infectious Anemia’’ may be obtained from the Animal and Plant Health Inspection Service, Veterinary Services, National Cen ter for Import-Export, 4700 River Road Unit 38, Riverdale, Maryland 20737–1231. MEXICO 18 § 93.321 Import permits and applica tions for inspection for horses. For horses intended for importation into the United States from Mexico, the importer or his or her agent shall deliver to the veterinary inspector at the port of entry an application, in writing, for inspection, so that the vet erinary inspector and customs rep resentatives may make mutually satis factory arrangements for the orderly inspection of the horses. The veteri nary inspector at the port of entry will provide the importer or his or her agent with a written statement assign ing a date when the horses may be pre sented for import inspection. § 93.322 Declaration for horses. For all horses offered for importation from Mexico, the importer or his or her agent shall present two copies of a dec laration as provided in § 93.305. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56017, Oct. 28, 1997] § 93.323 Inspection. (a) All horses offered for entry from Mexico, including such horses intended for movement through the United States in bond for immediate return to Mexico, shall be inspected at a facility described in § 93.324, and all such horses found to be free from communicable disease and fever tick infestation, and not to have been exposed thereto, shall be admitted into the United States subject to the other applicable provi sions of this part. Horses found to be affected with or to have been exposed to a communicable disease, or infested with fever ticks, shall be refused entry. Horses refused entry, unless exported within a time fixed in each case by the Administrator, shall be disposed of as said Administrator may direct. (b) Horses covered by paragraph (a) of this section shall be imported through facilities described in § 93.324, which are equipped with facilities necessary for proper chute inspection, dipping, and testing, as provided in this part. [55 FR 31495, Aug. 2, 1990, as amended at 58 FR 45238, Aug. 27, 1993. Redesignated at 62 FR 56012, 56017, Oct. 28, 1997] § 93.324 Detention for quarantine. Horses intended for importation from Mexico shall be quarantined until they qualify for release from such quar antine, either at an APHIS facility des ignated in § 93.303 (a) or at a facility in Mexico. In order to qualify for such re lease, all horses while so detained shall test negative to an official test for dou rine, glanders, equine piroplasmosis, equine infectious anemia, 19 and such other tests that may be required by the Administrator to determine their free dom from other communicable dis eases. Such horses shall also be sub jected to such other inspections and disinfections deemed necessary by the Administrator, and they shall be re leased from quarantine only if found to be free from any communicable disease upon inspection. [55 FR 31495, Aug. 2, 1990, as amended at 56 FR 15489, Apr. 17, 1991; 58 FR 45238, Aug. 27, 1993; 59 FR 67614, Dec. 30, 1994; 60 FR 5128, Jan. 26, 1995; 61 FR 39853, July 31, 1996; 61 FR 52246, Oct. 7, 1996. Redesignated at 62 FR 56012, 56017, Oct. 28, 1997, as amended at 63 FR 3640, Jan. 26, 1998] § 93.325 Horses from Mexico. Horses offered for entry from Mexico shall be inspected as provided in §§ 93.306 and 93.323; shall be accom panied by a certificate and otherwise handled as provided in § 93.314; and shall be quarantined and tested as pro vided in § 93.324: Provided, That horses offered for importation from tick-in fected areas of Mexico shall be chute VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00493 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 484 9 CFR Ch. I (1–1–18 Edition) § 93.326 inspected, unless in the judgment of the inspector a satisfactory inspection can be made otherwise. If upon inspec tion they are found to be apparently free from fever ticks, before entering the United States they shall be dipped once in a permitted arsenical solution or be otherwise treated in a manner ap proved by the Administrator. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56017, Oct. 28, 1997] § 93.326 Horses for immediate slaugh ter. Horses may be imported from Mex ico, subject to the applicable provi sions of §§ 93.321, 93.322, and 93.323 for immediate slaughter if accompanied by a certificate of a salaried veterinarian of the Mexican Government, or by a certificate issued by a veterinarian ac credited by the Mexican Government and endorsed by a salaried veterinarian of the Mexican Government, thereby representing that the veterinarian issuing the certificate was authorized to do so, stating that he or she has in spected such horses on the premises of origin and found them free of evidence of communicable disease, and that, so far as it has been possible to deter mine, they have not been exposed to any such disease common to animals of their kind during the preceding 60 days, and if the horses are shipped by rail or truck, the certificate shall fur ther specify that the horses were load ed into cleaned and disinfected cars or trucks for transportation directly to the port of entry. Such horses shall be consigned from a facility described in § 93.324 to a recognized slaughtering es tablishment and there slaughtered within 2 weeks from the date of entry. Such horses shall be moved from the port of entry in conveyances sealed with seals of the United States Govern ment. [55 FR 31495, Aug. 2, 1990, as amended at 57 FR 28080, June 24, 1992; 58 FR 45238, Aug. 27, 1993; 60 FR 5128, Jan. 26, 1995; 61 FR 39853, July 31, 1996. Redesignated and amended at 62 FR 56012, 56017, Oct. 28, 1997; 63 FR 3640, Jan. 26, 1998] Subpart D—Ruminants SOURCE: 55 FR 31495, Aug. 2, 1990, unless otherwise noted. Redesignated at 62 FR 56012, Oct. 28, 1997. § 93.400 Definitions. Wherever in this subpart the fol lowing terms are used, unless the con text otherwise requires, they shall be construed, respectively, to mean: Accredited herd. An accredited herd is one that has passed at least two con secutive annual official tuberculin tests and has no evidence of bovine tu berculosis. All animals in a herd must be free from tuberculosis. Accredited veterinarian. A veteri narian approved by the Administrator in accordance with the provisions of part 161 of this title to perform func tions specified in parts 1, 2, 3, and 11 of subchapter A, and subchapters B, C, and D of this chapter, and to perform functions required by cooperative state-federal disease control and eradi cation programs. Administrator. The Administrator of the Animal and Plant Health Inspec tion Service or any other employee of the Animal and Plant Health Inspec tion Service, United States Depart ment of Agriculture, to whom author ity has been or may be delegated to act in the Administrator’s stead. Animal and Plant Health Inspection Service. Animal and Plant Health In spection Service of the United States Department of Agriculture (APHIS or Service). Animals. Cattle, sheep, goats, other ruminants, swine, horses, asses, mules, zebras, dogs, and poultry. APHIS representative. A veterinarian or other individual employed by the Animal and Plant Health Inspection Service, United States Department of Agriculture, who is authorized to per form the services required by this part. Area veterinarian in charge (AVIC). The veterinary official of APHIS who is assigned by the Administrator to su pervise and perform the official animal health work of APHIS in the State con cerned. As a group. Collectively, in such a manner that the identity of the ani mals as a unique group is maintained. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00494 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 485 Animal and Plant Health Inspection Service, USDA ยง 93.400 Authorized USDA representative. An APHIS Veterinary Services employee, a USDA Food Safety and Inspection Service inspector, a State representa tive, an accredited veterinarian, or an employee of an accredited veteri narian, slaughtering establishment, or feedlot who is designated by the ac credited veterinarian or management of the slaughtering establishment or feedlot to perform the function in volved. In order to designate an em ployee to break official seals, an ac credited veterinarian or the manage ment of a slaughtering establishment or feedlot must first supply in writing the name of the designated individual to the APHIS AVIC in the State where the seals will be broken. Additionally, the management of a slaughtering es tablishment or feedlot must enter into an agreement with Veterinary Services in which the management of the facil ity agrees that only designated individ uals will break the seals, that the facil ity will contact an APHIS representa tive or USDA Food Safety and Inspec tion Service inspector immediately if the seals are not intact when the means of conveyance arrives or if the animals being transported appear to be sick or injured due to transport condi tions, and that the facility will cooper ate with APHIS representatives, USDA Food Safety and Inspection Service in spectors, and State representatives in maintaining records of sealed ship ments received. Bovine. Bos taurus, Bos indicus, and Bison bison. Bovine spongiform encephalopathy (BSE) minimal risk region. A region list ed in ยง 94.18(a)(3) of this subchapter. Brucellosis certified free herd. A herd in which all eligible cattle in the herd were negative to brucellosis tests under the Canadian requirements and which is officially certified by the Ca nadian Government as a brucellosis free listed herd. Brucellosis certified-free province or ter ritory of Canada. A province or terri tory of Canada in which all herds of cattle are brucellosis certified free. The brucellosis certified free provinces and territories of Canada are Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland (including Labrador), Northwest Territories, Nova Scotia, Ontario, Quebec, Prince Edward Island, Saskatchewan, and Yukon Ter ritory. Camelid. All species of the family Camelidae, including camels, guanacos, llamas, alpacas, and vicunas. Cattle. Animals of the bovine species. Cervid. All members of the family Cervidae and hybrids, including deer, elk, moose, caribou, reindeer, and re lated species. Communicable disease. Any con tagious, infectious, or communicable disease of domestic livestock, poultry or other animals. Department. The United States De partment of Agriculture (USDA). Designated feedlot. A feedlot that has been designated by the Administrator as one that is eligible to receive sheep and goats imported from a BSE mini mal-risk region and whose owner or le gally responsible representative has signed an agreement in accordance with ยง 93.419(d)(8) of this subpart to ad here to, and is in compliance with, the requirements for a designated feedlot. Exporting region. A region from which shipments are sent to the United States. Federal veterinarian. A veterinarian employed and authorized by the Fed eral Government to perform the tasks required by this subpart. Fever tick. Rhipicephalus annulatus, Rhipicephalus microplus, and any other species of tick determined by the Ad ministrator to be a vector of bovine babesiosis and specified on the Internet at http://www.aphis.usda.gov/wps/portal/ aphis/ ourfocus/importexport. Flock. Any group of one or more sheep maintained on common ground; or two or more groups of sheep under common ownership or supervision on two or more premises that are geo graphically separated, but among which there is an interchange or move ment of animals. Herd. Any group of one or more ani mals maintained on common ground; or two or more groups of animals under common ownership or supervision on two or more premises that are geo graphically separated, but among which there is an interchange or move ment of animals. Herd of origin. The herd within which an individual animal was born and VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00495 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 486 9 CFR Ch. I (1–1–18 Edition) § 93.400 1 The name of recognized slaughtering es tablishments approved under this part may be obtained from the area veterinarian in charge for the State of destination of the shipment. The name and address of the area veterinarian in charge in any State is avail able from the Animal and Plant Health In spection Service, Veterinary Services, Na tional Center for Import and Export, 4700 River Road Unit 39, Riverdale, MD 20737–1231. raised and that was maintained on common ground for at least 4 months. For a group of one or more animals to qualify as a herd of origin for the pur poses of § 93.406, animals may be added to the herd during or after the 4-month qualifying period only if they: (1) Originated from a tuberculosis free herd; or (2) Originated from an accredited herd or originated from a herd of origin that tested negative to a whole herd test, and the individual cattle to be added to the herd also tested negative to any additional individual tests for tuberculosis required by the Adminis trator. Immediate slaughter. Consignment di rectly from the port of entry to a rec ognized slaughtering establishment 1 and slaughtered within 2 weeks from the date of entry. Inspector. Any individual authorized by the Administrator of APHIS or the Commissioner of Customs and Border Protection, Department of Homeland Security, to enforce the regulations in this subpart. Lot. A group of ruminants that, while held on a conveyance or premises, has opportunity for physical contact with each other or with each other’s excre ment or discharges at any time be tween arrival at the quarantine facility and 60 days prior to export to the United States. Lot-holding area. That area in a pri vately owned medium or minimum se curity quarantine facility in which a single lot of ruminants is held at one time. Moved directly. Moved without un loading and without stopping except for refueling, or for traffic conditions such as traffic lights or stop signs. Moved directly by land. Moved by rail, truck, or other land vehicle without unloading and without stopping except for refueling, or for traffic conditions such as traffic lights or stop signs. Nonquarantine area. That area of a privately owned medium or minimum security quarantine facility that in cludes offices, storage areas, and other areas outside the quarantine area, and that is off limits to ruminants, samples taken from ruminants, and any other objects or substances that have been in the quarantine area during the quar antine of ruminants. Official identification device or method. A means of officially identifying an animal or group of animals using de vices or methods approved by the Ad ministrator, including, but not limited to, official tags, tattoos, and registered brands when accompanied by a certifi cate of inspection from a recognized brand inspection authority. For ani mals intended for importation into the United States, the device or method of identification used must have been ap proved by the Administrator for that type of import before the animal is ex ported to the United States. Official tuberculin test. A test for bo vine tuberculosis that is approved by the Administrator as equivalent to the international standard test described in the Manual of Standards for Diag nostic Tests and Vaccines, Office Inter national des Episodes, and that is ad ministered and reported by a full-time salaried veterinary officer of the na tional government of the region of ori gin, or administered and reported by a veterinarian designated or accredited by the national government of the re gion of origin and endorsed by a full time salaried veterinary officer of the national government of the region of origin, representing that the veteri narian issuing the certificate was au thorized to do so. Officially identified. Individually iden tified by means of an official identi fication device or method. Operator. A person other than the Federal Government who owns or oper ates, subject to APHIS’ approval and oversight, a privately owned medium or minimum security quarantine facil ity. Permitted dip. A dip permitted by the Administrator to be used in the official dipping of cattle for fever ticks and for dipping cattle and sheep for scabies. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00496 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 487 Animal and Plant Health Inspection Service, USDA § 93.400 2 See footnote 1. Persons. Any individual, corporation, company, association, firm, partner ship, society or joint stock company. Port Veterinarian. A veterinarian em ployed by the Animal and Plant Health Inspection Service to perform duties required under this part at a port of entry. Positive for a transmissible spongiform encephalopathy. A sheep or goat for which a diagnosis of a transmissible spongiform encephalopathy has been made. Premises of origin. Except as otherwise used in § 93.423 of this subpart, the premises where the animal was born. Privately owned medium security quar antine facility (medium security facility). A facility that: (1) Is owned, operated, and financed by a person other than the Federal Government; (2) Is subject to the strict oversight of APHIS representatives; (3) Is constructed, operated, and maintained in accordance with the re quirements for medium security facili ties in § 93.412(d); and (4) Provides the necessary level of quarantine services for the holding of ruminants in an indoor, vector-proof environment prior to the animals’ entry into the United States. Quar antine services would have to include testing or observation for any OIE list ed diseases and other livestock diseases exotic to the United States, as well as any other diseases, as necessary, to be determined by the Administrator. Privately owned minimum security quarantine facility (minimum security fa cility). A facility that: (1) Is owned, operated, and financed by a person other than the Federal Government; (2) Is subject to the strict oversight of APHIS representatives; (3) Is constructed, operated, and maintained in accordance with the re quirements for minimum security fa cilities in § 93.412(d); (4) Is used for the quarantine of ruminants that pose no significant risk, as determined by the Adminis trator, of introducing or transmitting to the U.S. livestock population any livestock disease that is biologically transmissible by vectors; and (5) Provides the necessary level of quarantine services for the outdoor holding of ruminants, prior to the ani mals’ entry into the United States. Quarantine services would have to in clude testing or observation for any OIE listed diseases and other livestock diseases exotic to the United States, as well as any other diseases, as nec essary, to be determined by the Admin istrator. Processed animal protein. Meat meal, bone meal, meat-and-bone meal, blood meal, dried plasma and other blood products, hydrolyzed protein, hoof meal, horn meal, poultry meal, feather meal, fish meal, and any other similar products. Quarantine area. That area of a pri vately owned medium or minimum se curity quarantine facility that com prises all of the lot-holding areas in the facility and any other areas in the fa cility that ruminants have access to, including loading docks for receiving and releasing ruminants, and any areas used to conduct examinations of ruminants and take samples and any areas where samples are processed or examined. Recognized slaughtering establishment. Any slaughtering establishment oper ating under the provisions of the Fed eral Meat Inspection Act (21 U.S.C. 601 et seq.) or a State meat inspection act. 2 Region. Any defined geographic land area identifiable by geological, polit ical, or surveyed boundaries. A region may consist of any of the following: (1) A national entity (country); (2) Part of a national entity (zone, county, department, municipality, par ish, Province, State, etc.); (3) Parts of several national entities combined into an area; or (4) A group of national entities (coun tries) combined into a single area. Ruminants. All animals which chew the cud, such as cattle, buffaloes, sheep, goats, deer, antelopes, camels, llamas and giraffes. State representative. A veterinarian or other person employed in livestock sanitary work by a State or political subdivision of a State who is author ized by such State or political subdivi sion of a State to perform the function VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00497 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 488 9 CFR Ch. I (1–1–18 Edition) § 93.401 3 Importations of certain animals from var ious regions are absolutely prohibited under part 94 because of specified diseases. involved under a memorandum of un derstanding with APHIS. State veterinarian. A veterinarian em ployed and authorized by a State or po litical subdivision of a State to per form the tasks required by this sub part. Suspect for a transmissible spongiform encephalopathy. (1) A sheep or goat that has tested positive for a transmissible spongiform encephalopathy or for the proteinase resistant protein associated with a transmissible spongiform encephalopathy, unless the animal is designated as positive for a trans missible spongiform encephalopathy; or (2) A sheep or goat that exhibits any of the following signs and that has been determined to be suspicious for a transmissible spongiform encephalopathy by a veterinarian: Weight loss despite retention of appe tite; behavior abnormalities; pruritus (itching); wool pulling; biting at legs or side; lip smacking; motor abnormali ties such as incoordination, high step ping gait of forelimbs, bunny hop movement of rear legs, or swaying of back end; increased sensitivity to noise and sudden movement; tremor, ‘‘star gazing,’’ head pressing, recumbency, or other signs of neurological disease or chronic wasting. Swine. The domestic hog and all vari eties of wild hogs. Temporary inspection facility. A tem porary facility that is constructed of metal panels that can be erected and broken down alongside the transpor tation vessel carrying ruminants that are imported into the United States in accordance with § 93.408 of this subpart and that will be quarantined at a min imum or medium security quarantine facilities located more than 1 mile from the port of entry. Tuberculosis-free herd. A herd which is not known to be infected with bovine tuberculosis (M. bovis) and which is cer tified by the Canadian Government as a tuberculosis-free herd. United States. All of the States of the United States, the District of Colum bia, Guam, Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and all other Territories and Possessions of the United States. Veterinary Services. The Veterinary Services unit of the Department. Wether. A castrated male sheep or goat. Whole herd test. An official tuberculin test of all cattle in a herd of origin that are 6 months of age or older, and of all cattle in the herd of origin that are less than 6 months of age and were not born into the herd of origin, except those cattle that are less than 6 months of age and: (1) Were born in and originated from a tuberculosis-free herd; or (2) Were born in and originated from an accredited herd or originated from a herd of origin that has tested negative to a whole herd test, and the individual cattle have tested negative to any ad ditional individual tests for tuber culosis required by the Administrator. World Organization for Animal Health (OIE). The international organization recognized by the World Trade Organi zation for setting animal health stand ards, reporting global animal situa tions and disease status, and pre senting guidelines and recommenda tions on sanitary measures related to animal health. Zoological park. A professionally oper ated zoo, park, garden or other place, maintained under the constant surveil lance of a Doctor of Veterinary Medi cine, for the exhibition of live animals, pigeons or birds, for the purpose of pub lic recreation or education. [55 FR 31495, Aug. 2, 1990. Redesignated at 62 FR 56012, Oct. 28, 1997] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 93.400, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 93.401 General prohibitions; excep tions. (a) No ruminant or product subject to the provisions of this part shall be brought into the United States except in accordance with the regulations in this part and part 94 of this sub chapter;3 nor shall any such ruminant or product be handled or moved after physical entry into the United States VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00498 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 489 Animal and Plant Health Inspection Service, USDA § 93.401 4 Such permit may be obtained from the Animal and Plant Health Inspection Service, Veterinary Services, National Center for Im port-Export, 4700 River Road Unit 38, River dale, Maryland 20737–1231. Requests for ap proval of such facilities should also be made to the Administrator. 5 See footnote 4 to subpart D. before final release from quarantine or any other form of governmental deten tion except in compliance with such regulations. Notwithstanding any other provision of this subpart, the im portation of any non-bovine ruminant that has been in a region listed in § 94.24(a) of this subchapter is prohib ited. Provided, however, the Adminis trator may upon request in specific cases permit ruminants or products to be brought into or through the United States under such conditions as he or she may prescribe, when he or she de termines in the specific case that such action will not endanger the livestock or poultry of the United States. (b) Except for ruminants prohibited entry, the provisions in this part relat ing to ruminants shall not apply to healthy ruminants in transit through the United States if they are not known to be infected with or exposed, within 60 days preceding the date of ex port from the region of origin, to com municable diseases of such ruminants, if an import permit 4 has been obtained under § 93.404 of this chapter and all conditions therein are observed; and if such ruminants are handled as follows: (1)(i) They are maintained under con tinuous confinement in transit through the United States aboard an aircraft, ocean vessel, or other means of convey ance; or (ii) They are unloaded, in the course of such transit, into a ruminant hold ing facility which is provided by the carrier or its agent and has been ap proved 5 in advance by the Adminis trator in accordance with paragraph (b)(3) of this section as adequate to pre vent the spread within the United States of any livestock disease, and they are maintained there under con tinuous confinement until loaded aboard a means of conveyance for transportation from the United States and are maintained under continuous confinement aboard such means of con veyance until it leaves the United States; the import permit will specify any additional conditions necessary to assure that the transit of the ruminants through the United States can be made without endangering the livestock or poultry of the United States, and that Department inspec tors may inspect the ruminants on board such means of conveyance or in such holding facility to ascertain whether the requirements of this para graph are met, and dispose of them in accordance with the Animal Health Protection Act (7 U.S.C. 8301 et seq.) if such conditions are not met; and (2) The carrier or its agent executes and furnishes to the collector of Cus toms at the first port of arrival a dec laration stating that the ruminants will be retained aboard such means of conveyance or in an approved holding facility during transshipment as re quired by this paragraph. (3) Provisions for the approval of fa cilities required in this paragraph are: (i) They must be sufficiently isolated to prevent direct or indirect contact with all other animals and birds while in the United States. (ii) They must be so constructed that they provide adequate protection against environmental conditions and can be adequately cleaned, washed and disinfected. (iii) They must provide for disposal of ruminant carcasses, manure, bedding, waste and any related shipping mate rials in a manner that will prevent dis semination of disease. (iv) They must have provisions for adequate sources of feed and water and for attendants for the care and feeding of ruminants in the facility. (v) They must comply with addi tional requirements as may be imposed by the Administrator if deemed appli cable for a particular shipment. (vi) They must also comply with all applicable local, State and Federal re quirements for environmental quality and with the provisions of the Animal Welfare Regulations in chapter I of this title, as applicable. (c) Removal and loss of official identi fication devices. Official identification devices are intended to provide perma nent identification of livestock and to ensure the ability to find the source of animal disease outbreaks. Removal of VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00499 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 490 9 CFR Ch. I (1–1–18 Edition) § 93.402 these devices is prohibited except at the time of slaughter. If an official identification device is lost, and it is necessary to retag an animal with a new official number, every effort should be made to correlate the new of ficial number with the previous official number of the animal. [55 FR 31495, Aug. 2, 1990, as amended at 59 FR 67614, Dec. 30, 1994. Redesignated and amended at 62 FR 56012, 56017, Oct. 28, 1997; 68 FR 6344, Feb. 7, 2003; 68 FR 31940, May 29, 2003; 69 FR 64651, Nov. 8, 2004; 78 FR 72996, Dec. 4, 2013] § 93.402 Inspection of certain aircraft and other means of conveyance and shipping containers thereon; un loading, cleaning, and disinfection requirements. (a) Inspection: All aircraft and other means of conveyance (including ship ping containers thereon) moving into the United States from any foreign re gion are subject to inspection without a warrant by properly identified and designated inspectors to determine whether they are carrying any animal, carcass, product or article regulated or subject to disposal under any law or regulation administered by the Sec retary of Agriculture for prevention of the introduction or dissemination of any communicable animal disease. (b) Unloading requirements: Whenever in the course of any such inspection at any port in the United States the in spector has reason to believe that the means of conveyance or container is contaminated with material of animal (including poultry) origin, such as, but not limited to, meat, organs, glands, extracts, secretions, fat, bones, blood, lymph, urine, or manure, so as to present a danger of the spread of any communicable animal disease, the in spector may require the unloading of the means of conveyance and the emptying of the container if he or she deems it necessary to enable him or her to determine whether the means of conveyance or container is in fact so contaminated. The principal operator of the means of conveyance and his or her agent in charge of the means of conveyance shall comply with any such requirement under the immediate su pervision of, and in the time and man ner prescribed by, the inspector. (c) Cleaning and disinfection: When ever, upon inspection under this sec tion, an inspector determines that a means of conveyance or shipping con tainer is contaminated with material of animal origin so as to present a dan ger of the spread of any communicable animal disease, he or she shall notify the principal operator of the means of conveyance or his or her agent in charge, of such determination and the requirements under this section. The person so notified shall cause the cleaning and disinfection of such means of conveyance and container under the immediate supervision of, and in the time and manner prescribed by, the inspector. (d) For purposes of this section, the term ‘‘shipping container’’ means any container of a type specially adapted for use in transporting any article on the means of conveyance involved. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56017, Oct. 28, 1997; 68 FR 6344, Feb. 7, 2003] § 93.403 Ports designated for the im portation of ruminants. (a) Air and ocean ports. The following ports have APHIS inspection and quar antine facilities necessary for quar antine stations and all ruminants shall be entered into the United States through these stations, except as pro vided in paragraphs (b), (c), (d), (e), and (f) of this section; Miami, Florida; and Newburgh, New York. (b) Canadian border ports. The fol lowing land border ports are designated as having the necessary inspection fa cilities for the entry of ruminants from Canada: Eastport, Idaho; Houlton and Jackman, Maine; Detroit, Port Huron, and Sault Ste. Marie, Michigan; Baudette, Minnesota; Opheim, Ray mond, and Sweetgrass, Montana; Alex andria Bay, Buffalo, and Champlain, New York; Dunseith, Pembina, and Portal, North Dakota; Derby Line and Highgate Springs, Vermont; Oroville and Sumas, Washington. (c) Mexican border ports. The fol lowing land border ports are designated as having the necessary inspection fa cilities for the entry of ruminants from Mexico: Brownsville, Hidalgo, Laredo, Eagle Pass, Del Rio, and Presidio, Texas: Douglas, Naco, Nogales, Sasabe, VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00500 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 491 Animal and Plant Health Inspection Service, USDA § 93.404 and San Luis, Arizona; Calexico and San Ysidro, California; and Antelope Wells, Columbus, and Santa Teresa, New Mexico. (d) Special ports. Charlotte Amalie, St. Thomas, and Christiansted, St. Croix, in the United States Virgin Is lands, are hereby designated as quar antine stations for the entry of ruminants from the British Virgin Is lands into the United States Virgin Is lands for immediate slaughter. (e) Limited ports. The following ports are designated as having inspection fa cilities for the entry of ruminants and ruminant products such as ruminant test specimens which do not appear to require restraint and holding inspec tion facilities: Anchorage and Fair banks, Alaska; San Diego, California; Jacksonville, St. Petersburg-Clear water, and Tampa, Florida; Atlanta, Georgia; Honolulu, Hawaii, Chicago, Il linois; New Orleans, Louisiana; Port land, Maine; Baltimore, Maryland; Bos ton, Massachusetts; Minneapolis, Min nesota; Great Falls, Montana; Port land, Oregon; San Juan, Puerto Rico; Memphis, Tennessee (no live animals); El Paso, Galveston, and Houston, Texas; and Seattle, Spokane, and Ta coma, Washington. (f) Designation of other ports. The Sec retary of the Treasury has approved the designation as quarantine stations of the ports specified in this section. In special cases other ports may be des ignated as quarantine stations under this section by the Administrator, with the concurrence of the Secretary of the Treasury. (g) Ports and privately owned quar antine facilities. Ruminants may be im ported into the United States at any port specified in paragraph (a) of this section, or at any other port des ignated as an international port or air port by the Bureau of Customs and Border Protection, and quarantined at an APHIS-approved privately owned quarantine facility, provided the appli cable provisions of §§ 93.401, 93.404(a), 93.407, 93.408, and 93.412 are met. [55 FR 31495, Aug. 2, 1990, as amended at 57 FR 2010, Jan. 17, 1992; 58 FR 38283, July 16, 1993; 60 FR 16045, Mar. 29, 1995; 60 FR 25120, May 11, 1995. Redesignated and amended at 62 FR 56012, 56017, Oct. 28, 1997; 64 FR 23179, Apr. 30, 1999; 65 FR 38178, June 20, 2000; 67 FR 68022, Nov. 8, 2002; 71 FR 29773, May 24, 2006] § 93.404 Import permits for ruminants and for ruminant test specimens for diagnostic purposes; and reserva tion fees for space at quarantine fa cilities maintained by APHIS. (a) Application for permit; reservation required. (1) For ruminants and rumi nant test specimens for diagnostic screening purposes intended for impor tation from any part of the world, ex cept as otherwise provided for in §§ 93.417, 93.422, and 93.424, the importer shall first apply for and obtain from APHIS an import permit. The applica tion shall specify the name and address of the importer; the species, breed, number or quantity of ruminants or ru minant test specimens to be imported; the purpose of the importation; indi vidual ruminant identification, which includes a description of the ruminant, name, age, markings, if any, registra tion number, if any, and tattoo or eartag; the region of origin; for cattle, the address of or other means of identi fying the premises of the herd of origin and any other premises where the cat tle resided prior to export, including the State or its equivalent, the munici pality or nearest city, and the specific location of the premises, or an equiva lent method, approved by the Adminis trator, of identifying the location of the premises; the name and address of the exporter; the port of embarkation in the foreign region; the mode of transportation, route of travel, and the port of entry in the United States; the name and address of the quarantine fa cility, if the ruminants are to be quar antined at a privately owned quar antine facility; the proposed date of ar rival of the ruminants or ruminant test specimens to be imported; and the name of the person to whom the ruminants or ruminant test specimens will be delivered and the location of the place in the United States to which delivery will be made from the port of entry. Additional information may be VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00501 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 492 9 CFR Ch. I (1–1–18 Edition) § 93.404 6 The addresses of USDA quarantine facili ties may be found in telephone directories listing the facilities or by contacting the Animal and Plant Health Inspection Service, Veterinary Services, National Center for Im port-Export, 4700 River Road Unit 38, River dale, Maryland 20737–1231. required in the form of certificates concerning specific diseases to which the ruminants are susceptible, as well as vaccinations or other precautionary treatments to which the ruminants or ruminant test specimens have been subjected. Notice of any such require ment will be given to the applicant in each case. (2) An application for permit to im port will be denied for domestic ruminants from any region designated in § 94.1 of this chapter as a region where rinderpest or foot-and-mouth disease exists. (3) An application for permit to im port ruminants may also be denied be cause of: Communicable disease condi tions in the area or region of origin, or in a region where the shipment has been or will be held or through which the shipment has been or will be trans ported; deficiencies in the regulatory programs for the control or eradication of animal diseases and the unavail ability of veterinary services in the above mentioned regions; the import er’s failure to provide satisfactory evi dence concerning the origin, history, and health status of the ruminants; the lack of satisfactory information nec essary to determine that the importa tion will not be likely to transmit any communicable disease to livestock or poultry of the United States; or any other circumstances which the Admin istrator believes require such denial to prevent the dissemination of any com municable disease of livestock or poul try into the United States. (4)(i) The importer or importer’s agent shall pay or ensure payment of a reservation fee for each lot of ruminants to be quarantined in a facil ity maintained by USDA. For ruminants, the reservation fee shall be 100 percent of the cost of providing care, feed, and handling during quar antine, as estimated by the quarantine facility’s veterinarian in charge. (ii) At the time the importer or the importer’s agent requests a reservation of quarantine space, the importer or importer’s agent shall pay the reserva tion fee by check or U.S. money order or ensure payment of the reservation fee by an irrevocable letter of credit from a commercial bank (the effective date on such letter of credit shall run to 30 days after the date the ruminants are scheduled to be released from quar antine); except that anyone who issues a check to the Department for a res ervation fee which is returned because of insufficient funds shall be denied any further request for reservation of a quarantine space until the outstanding amount is paid. (iii) Any reservation fee paid by check or U.S. money order shall be ap plied against the expenses incurred for services received by the importer or importer’s agent in connection with the quarantine for which the reserva tion was made. Any part of the reserva tion fee which remains unused after being applied against the expenses in curred for services received by the im porter or the importer’s agent in con nection with the quarantine for which the reservation was made, shall be re turned to the individual who paid the reservation fee. If the reservation fee is ensured by a letter of credit, the De partment will draw against the letter of credit unless payment for services received by the importer or importer’s agent in connection with the quar antine is otherwise made at least 3 days prior to the expiration date of the letter of credit. (iv) Any reservation fee shall be for feited if the importer or the importer’s agent fails to present for entry, within 24 hours following the designated time of arrival, the lot of ruminants for which the reservation was made: Except that a reservation fee shall not be for feited if: (A) Written notice of cancellation from the importer or the importer’s agent is received by the office of the veterinarian in charge of the quar antine facility 6 during regular business hours (8:00 a.m. to 4:30 p.m. Monday through Friday, excluding holidays) no later than 15 days for ruminants prior VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00502 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 493 Animal and Plant Health Inspection Service, USDA § 93.404 to the beginning of the time of impor tation as specified in the import per mit or as arranged with the veteri narian in charge of the quarantine fa cility if no import permit is required (the 15 days period shall not include Saturdays, Sundays, or holidays), or (B) The Administrator determines that services, other than provided by carriers, necessary for the importation of the ruminants within the requested period are unavailable because of un foreseen circumstances as determined by the Administrator, (such as the closing of an airport due to inclement weather or the unavailability of the re served space due to the extension of an other quarantine). (v) If the reservation fee was ensured by a letter of credit and the fee is to be forfeited under paragraph (a)(4)(iv) of this section, the Department will draw against the letter of credit unless the reservation fee is otherwise paid at least 3 days prior to the expiration date of the letter of credit. (vi) When a reservation is cancelled in accordance with paragraph (a)(4)(iv)(A) of this section and the pro visions of paragraph (a)(4)(iv)(B) of this section do not apply, a $40.00 cancella tion fee shall be charged. If a reserva tion fee was paid, the cancellation fee shall be deducted from any reservation fee returned to the importer or the im porter’s agent. If the reservation fee was ensured by a letter of credit, the Department will draw the amount of the cancellation fee against the letter of credit unless the cancellation fee is otherwise paid at least 3 days prior to the expiration date of the letter of credit. (b) Permit. When a permit is issued, the original and two copies will be sent to the importer. It shall be the respon sibility of the importer to forward the original permit and one copy to the shipper in the region of origin, and it shall also be the responsibility of the importer to insure that the shipper presents the copy of the permit to the carrier and makes proper arrangements for the original permit to accompany the shipment to the specified U.S. port of entry for presentation to the col lector of customs. Ruminants and ru minant test specimens for diagnostic screening purposes for ruminants in tended for importation into the United States for which a permit has been issued, will be received at the specified port of entry within the time pre scribed in the permit which shall not exceed 14 days from the first day that the permit is effective for all permits. Ruminants and ruminant test speci mens for which a permit is required by these regulations will not be eligible for entry if a permit has not been issued; if unaccompanied by such a per mit; if shipment is from any port other than the one designated in the permit; if arrival in the United States is at any port other than the one designated in the permit; if the ruminants or rumi nant test specimens offered for entry differ from those described in the per mit; if the ruminants or ruminant test specimens are not handled as outlined in the application for the permit and as specified in the permit issued; or if ruminants or swine other than those covered by import permits are aboard the transporting carrier. (c) Wild ruminants from regions where foot-and-mouth disease or rinderpest ex ists. This paragraph (c) applies to the importation of wild ruminants, such as, but not limited to, giraffes, deer and antelopes, from regions designated in part 94 of this subchapter as coun tries in which foot-and-mouth disease or rinderpest exist. (1) Permits for the importation of wild ruminants will be issued only for importations through the Port of New York, and only if the animals are im ported for exhibition in a PEQ Zoo. A PEQ Zoo is a zoological park or other place maintained for the exhibition of live animals for recreational or edu cational purposes that: (i) Has been approved by the Admin istrator in accordance with paragraph (c)(2) of this section to receive and maintain imported wild ruminants; and (ii) Has entered into the agreement with APHIS set forth in paragraph (c)(4) of this section for the mainte nance and handling of imported wild ruminants. (2) Approval of a PEQ Zoo shall be on the basis of an inspection, by an au thorized representative of the Depart ment, of the physical facilities of the VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00503 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 494 9 CFR Ch. I (1–1–18 Edition) § 93.404 establishment and its methods of oper ation. Standards for acceptable phys ical facilities shall include satisfactory pens, cages, or enclosures in which the imported ruminants can be maintained so as not to be in contact with the gen eral public and free from contact with domestic livestock; natural or estab lished drainage from the PEQ Zoo which will avoid contamination of land areas where domestic livestock are kept or with which domestic livestock may otherwise come in contact; provi sion for the disposition of manure, other wastes, and dead ruminants with in the PEQ Zoo; and other reasonable facilities considered necessary to pre vent the dissemination of diseases from the PEQ Zoo. The operator of the PEQ Zoo shall have available the services of a full-time or part-time veterinarian, or a veterinarian on a retainer basis, who shall make periodic examinations of all animals maintained at the PEQ Zoo for evidence of disease; who shall make a post-mortem examination of each animal that dies; and who shall make a prompt report of suspected cases of contagious or communicable diseases to an APHIS representative or the State agency responsible for live stock disease control programs. (3) Manure and other animal wastes must be disposed of within the PEQ Zoo park for a minimum of one year following the date an imported wild ru minant enters the zoo. If an APHIS veterinarian determines that an im ported ruminant shows no signs of any communicable disease or exposure to any such disease during this 1-year pe riod, its manure and other wastes need not be disposed of within the zoo after the 1-year period. If, however, an APHIS veterinarian determines that an imported ruminant does show signs of any communicable disease during this 1-year period, an APHIS veterinarian will investigate the disease and deter mine whether the ruminant’s manure and other wastes may safely be dis posed of outside the zoo after the 1 year period has ended. (4) Prior to the issuance of an import permit under this section, the operator of the approved PEQ Zoo to which the imported ruminants are to be con signed, and the importer of the ruminants, if such operator and im porter are different parties, shall exe cute an agreement covering each rumi nant or group of ruminants for which the import permit is requested. The agreement shall be in the following form: AGREEMENT FOR THE IMPORTATION, QUARANTINE AND EXHIBITION OF CER TAIN WILD RUMINANTS AND WILD SWINE llll, operator(s) of the zoological park known as llllllllll (Name) located at llllllllll (City and state), and llllllllll (Importer) hereby re quest a permit for the importation of llll (Number and kinds of animals) for exhibition purposes at the said zoological park, said animals originating in a region where foot-and-mouth disease or rinderpest exists and being subject to restrictions under regulations contained in part 93, title 9, Code of Federal Regulations. In making this request, it is understood and agreed that: 1. The animals for which an import permit is requested will be held in isolation at a port of embarkation in the region of origin, approved by the Administrator as a port hav ing facilities which are adequate for main taining wild animals in isolation from all other animals and having veterinary super vision by officials of the region of origin of the animals. Such animals will be held in such isolation for not less than 60 days under the supervision of the veterinary service of that region to determine whether the ani mals show any clinical evidence of foot-and mouth disease, rinderpest, or other commu nicable disease that is exotic to the United States or for which APHIS has an eradi cation or control program in 9 CFR chapter I, and to assure that the animals will not have been exposed to such a disease within the 60 days next before their exportation from that region. 2. Shipment will be made direct from such port of embarkation to the port of New York as the sole port of entry in the United States. If shipment is made by ocean vessel the animals will not be unloaded in any for eign port en route. If shipment is made by air, the animals will not be unloaded at any port or other place of landing, except at a port approved by the Administrator as a port not located in a region where rinderpest or foot-and-mouth disease exists or as a port in such a region having facilities and inspec tion adequate for maintaining wild animals in isolation from all other animals. 3. No ruminants or swine will be aboard the transporting vehicle, vessel or aircraft, ex cept those for which an import permit has been issued. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00504 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 495 Animal and Plant Health Inspection Service, USDA § 93.405 4. The animals will be quarantined for not less than 30 days in the Department’s Ani mal Import Center in Newburgh, New York. 5. Upon release from quarantine the ani mals will be delivered to the zoological park named in this agreement to become the prop erty of the park and they will not be sold, exchanged or removed from the premises without the prior consent of APHIS. If moved to another zoological park in the United States, the receiving zoological park must be approved by the Administrator in accordance with paragraph 6 of this agree ment. 6. The Administrator will approve the movement of an imported animal subject to this agreement if the Administrator deter mines that the animal has spent at least one year in quarantine in a PEQ Zoo following importation without showing clinical evi dence of foot-and-foot mouth disease, rinder pest, or other communicable disease that is exotic to the United States or for which APHIS has an eradication or control pro gram in 9 CFR chapter I, and determines that the receiving zoological park is accred ited by the American Zoo and Aquarium As sociation (AZA), or the receiving zoological park has facilities and procedures in place related to preventing the spread of commu nicable animal diseases (including but not limited to procedures for animal identifica tion, record keeping, and veterinary care) that are equivalent to those required for AZA accreditation. The Administrator will approve the movement of a carcass, body part, or biological specimen derived from an imported animal subject to this agreement if the Administrator determines that the ani mal has spent at least one year in quar antine in a PEQ Zoo following importation without showing clinical evidence of foot and-foot mouth disease, rinderpest, or other communicable disease that is exotic to the United States or for which APHIS has an eradication or control program in 9 CFR chapter I, and determines that the carcass, body part, or biological specimen will be moved only for scientific research or mu seum display purposes. llllllllllllllllllllllll (Signature of importer) Subscribed and sworn to before me this ll day of ll, ll. llllllllllllllllllllllll (Title or designation) llllllllllllllllllllllll (Name of zoological park) By lllllllllllllllllllll (Signature of officer of zoological park) llllllllllllllllllllllll (Title of officer) Subscribed and sworn to before me this ll day of ll,ll llllllllllllllllllllllll (Title or designation) (Approved by the Office of Management and Budget under control numbers 0579–0040 and 0579–0224) [55 FR 31495, Aug. 2, 1990, as amended at 59 FR 28216, June 1, 1994; 59 FR 31924, June 21, 1994; 59 FR 67615, Dec. 30, 1994; 62 FR 23637, May 1, 1997. Redesignated and amended at 62 FR 56012, 56018, Oct. 28, 1997; 65 FR 38178, June 20, 2000; 68 FR 6344, Feb. 7, 2003; 68 FR 35533, June 16, 2003; 71 FR 29773, May 24, 2006] § 93.405 Health certificate for ruminants. (a) All ruminants intended for impor tation from any part of the world, ex cept as provided in §§ 93.423(c) and 93.428(d), shall be accompanied by a certificate issued by a full-time sala ried veterinary officer of the national government of the region of origin, or issued by a veterinarian designated or accredited by the national government of the region of origin and endorsed by a full-time salaried veterinary officer of the national government of the re gion of origin, representing that the veterinarian issuing the certificate was authorized to do so. The certificate shall state: (1) That the ruminants have been kept in that region during the last 60 days immediately preceding the date of shipment to the United States, and that during this time the region has been entirely free from foot-and-mouth disease, rinderpest, contagious pleuropneumonia, and surra; provided, however, that for wild ruminants for exhibition purposes, the certificate need specify only that the district of origin has been free from the listed dis eases; and provided further, that for sheep and goats, with respect to con tagious pleuropneumonia, the certifi cate may specify only that the district of origin has been free from this dis ease; (2) That the ruminants are not in quarantine in the region of origin; and (3) If the ruminants are from any re gion where screwworm is considered to exist, the ruminants may be imported into the United States only if they meet the requirements of paragraphs (a)(3)(i) through (iv) of this section and all other applicable requirements of this part. APHIS will maintain a list of regions where screwworm is considered to exist on the APHIS Web site at VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00505 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 496 9 CFR Ch. I (1–1–18 Edition) § 93.405 http://www.aphis.usda.gov/importlexport/ animals/ animalldiseaselstatus.shtml. Copies of the list will also be available via postal mail, fax, or email upon re quest to the Sanitary Trade Issues Team, National Center for Import and Export, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road Unit 38, Riverdale, Maryland 20737. APHIS will add a re gion to the list upon determining that screwworm exists in the region based on reports APHIS receives of detec tions of the pest from veterinary offi cials of the exporting country, from the World Organization for Animal Health (OIE), or from other sources the Administrator determines to be reli able. APHIS will remove a region from the list after conducting an evaluation of the region in accordance with § 92.2 of this subchapter and finding that screwworm is not present in the region. In the case of a region formerly not on this list that is added due to a detec tion, the region may be removed from the list in accordance with the proce dures for reestablishment of a region’s disease-free status in § 92.4 of this sub chapter. (i) A veterinarian must treat the ruminants with ivermectin 3 to 5 days prior to the date of export to the United States according to the rec ommended dose prescribed on the prod uct’s label. (ii) The ruminants must be fully ex amined for screwworm by a full-time salaried veterinary official of the ex porting country within 24 hours prior to shipment to the United States. If ruminants are found to be infested with screwworm, they must be treated until free from infestation. (iii) At the time ruminants are load ed onto a means of conveyance for ex port, a veterinarian must treat any visible wounds on the animals with a solution of coumaphos dust at a con centration of 5 percent active ingre dient. (iv) The ruminants must be accom panied to the United States by a cer tificate signed by a full-time salaried veterinary official of the exporting country. The certificate must state that the ruminants have been thor oughly examined and found free of screwworm and that the ruminants have been treated in accordance with paragraphs (a)(3)(i) and (a)(3)(iii) of this section. (4) If the ruminants are sheep or goats from Canada, the certificate must also include the name and ad dress of the importer; the species, breed, number or quantity of ruminants to be imported; the purpose of the importation; individual rumi nant identification, which includes the official identification required under § 93.419(c) of this subchapter, and any other identification present on the ani mal, including registration number, if any; a description of the ruminant, in cluding age, color, and markings, if any; region of origin; the address of or other means of identifying the prem ises of origin and any other premises where the ruminants resided imme diately prior to export, including the State or its equivalent, the munici pality or nearest city, or an equivalent method, approved by the Adminis trator, of identifying the location of the premises, and the specific physical location of the destination where the ruminants are to be moved after impor tation; the name and address of the ex porter; the port of embarkation in the foreign region; and the mode of trans portation, route of travel, and port of entry in the United States. (b) Goats. (1) In addition to the state ments required by paragraph (a) of this section, the certificate accompanying goats from any part of the world, ex cept for goats imported from Canada for immediate slaughter, must state: (i) That none of the goats in the herd from which the goats will be imported is the progeny of a sire or dam that has been affected with scrapie or that has produced offspring that have been af fected with scrapie; (ii) That none of the female goats in the herd from which the goats will be imported has been impregnated, during the 5 years immediately preceding shipment of the goats to the United States, with germ plasm from a herd known to be infected with scrapie; (iii) That the veterinarian issuing the certificate has inspected the goats in the herd from which the animals will be imported and found the herd to be free of any evidence of infectious or contagious disease; and VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00506 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 497 Animal and Plant Health Inspection Service, USDA § 93.406 (iv) That as far as it is possible for the veterinarian who inspects the ani mals to determine, none of the goats in the herd from which the animals will be imported has been exposed to any infectious or contagious disease during the 60 days immediately preceding shipment to the United States. (2) In addition, the certificate accom panying goats intended for importation from any part of the world except Aus tralia and New Zealand must state: (i) That the goats have not been in any herd nor had contact with sheep or goats that have been in any flock or herd where scrapie has been diagnosed or suspected during the 5 years imme diately prior to shipment; and (ii) That the goats have not had any contact with sheep during the 5 years immediately prior to shipment; pro vided that, this statement is not re quired if the goats are imported in ac cordance with § 93.435(a) into a herd in the United States that participates in the Voluntary Scrapie Flock Certifi cation Program. (c) Sheep. (1) In addition to the state ments required by paragraph (a) of this section, the certificate accompanying sheep intended for importation from any part of the world must state: (i) That none of the sheep in the flock from which the sheep will be im ported is the progeny of a sire or dam that has been affected with scrapie or that has produced offspring that have been affected with scrapie; (ii) That none of the female sheep in the flock from which the sheep will be imported has been impregnated, during the 5 years immediately preceding shipment of the sheep to the United States, with germ plasm from a flock known to be infected with scrapie; (iii) That the veterinarian issuing the certificate has inspected the sheep in the flock from which the animals will be imported and found the flock to be free of any evidence of infectious or contagious disease; and (iv) That as far as it is possible for the veterinarian who inspects the ani mals to determine, none of the sheep in the flock from which the animals will be imported has been exposed to any infectious or contagious disease during the 60 days immediately preceding shipment to the United States. (2) In addition, except for sheep im ported from Canada for immediate slaughter, the certificate accom panying sheep intended for importation from any part of the world except Aus tralia and New Zealand must state that the sheep have not been in any flock nor had contact with sheep or goats that have been in any flock or herd where scrapie has been diagnosed or suspected during the 5 years imme diately prior to shipment. (3) In addition, the certificate accom panying sheep intended for importation from Australia and New Zealand must state that none of the female sheep in the flock from which the sheep will be imported has been impregnated, during the 5 years immediately preceding shipment of the sheep to the United States, with germ plasm from a region other than Australia, New Zealand, or the United States, or from a flock of unknown scrapie status; provided that, this statement is not required if the sheep are imported in accordance with § 93.435(a) into a flock in the United States that participates in the Vol untary Scrapie Flock Certification Program. (d) If ruminants are unaccompanied by the certificate as required by para graphs (a), (b), and (c) of this section, or if such ruminants are found upon in spection at the port of entry to be af fected with a communicable disease or to have been exposed thereto, they shall be refused entry and shall be han dled or quarantined, or otherwise dis posed of as the Administrator may di rect. (Approved by the Office of Management and Budget under control numbers 0579–0040, 0579–0165, 0579–0234, and 0579–0393) [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56018, Oct. 28, 1997] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 93.405, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 93.406 Diagnostic tests. (a) Tuberculosis and brucellosis tests of cattle. Except as provided in paragraph (d) of this section and in §§ 93.418, 93.427(d), and 93.432, all cattle imported from any part of the world, except for VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00507 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 498 9 CFR Ch. I (1–1–18 Edition) § 93.406 immediate slaughter, must be accom panied by a certificate of a salaried veterinary officer of the national gov ernment of the region of origin, or if exported from Mexico, must be accom panied either by such a certificate or by a certificate issued by a veteri narian accredited by the National Gov ernment of Mexico and endorsed by a full-time salaried veterinary officer of the National Government of Mexico, thereby representing that the veteri narian issuing the certificate was au thorized to do so, stating that: (1) Brucellosis. The cattle have been tested for brucellosis with negative re sults within 30 days prior to the date of their exportation to the United States; Provided, that the brucellosis test will not be required for steers, spayed heif ers, or any cattle less than 6 months old. The certificate must give the dates and places of testing, names of the con signor and consignee, and a description of the cattle, with breed, ages, and markings; and (2) Tuberculosis. (i) For steers and spayed heifers, the cattle originated from a herd of origin that tested nega tive to a whole herd test for tuber culosis within 1 year prior to the date of exportation to the United States, and the animals each tested negative to an additional official tuberculin test conducted within 60 days prior to the date of exportation to the United States, and any individual cattle that had been added to the herd tested nega tive to any individual tests for tuber culosis required by the Administrator; or (ii) For sexually intact cattle that are from an accredited herd, the herd was certified as an accredited herd for tuberculosis within 1 year prior to the date of exportation to the United States; or (iii) For sexually intact cattle that are not from an accredited herd, the cattle originated from a herd of origin that tested negative to a whole herd test for tuberculosis within 1 year prior to the date of exportation to the United States, and the animals each tested negative to one additional offi cial tuberculin test conducted no more than 6 months and no less than 60 days prior to the date of exportation to the United States, and any individual cat tle that had been added to the herd tested negative to any individual tests for tuberculosis required by the Admin istrator, except that the additional test is not required if the animals are exported within 6 months of when the herd of origin tested negative to a whole herd test. (b) Tuberculosis and brucellosis tests of goats. Except as provided in §§ 93.419 and 93.428(b), all goats offered for im portation, except for immediate slaughter, shall be accompanied by a satisfactory certificate of a salaried veterinary officer of the national gov ernment of the region of origin, or if exported from Mexico, shall be accom panied either by such a certificate or by a certificate issued by a veteri narian accredited by the National Gov ernment of Mexico and endorsed by a full-time salaried veterinary officer of the National Government of Mexico, thereby representing that the veteri narian issuing the certificate was au thorized to do so, showing that the goats have been tested for tuberculosis and brucellosis with negative results within 30 days of the date of their ex portation. The said certificate shall give the dates and places of testing, method of testing, names of consignor and consignee, and a description of the goats, including breed, ages, markings, and tattoo and eartag numbers. (c) Further tests during quarantine. Ruminants that have been tested as prescribed in paragraphs (a) and (b) of this section and that are subject to quarantine at the port of entry, as pro vided in § 93.411 or § 93.427, must be re tested during the last 10 days of the quarantine period under the super vision of a veterinary inspector by one or more of the methods approved by the Administrator, except that cattle tested in accordance with paragraph (a)(2)(i) of this section are not required to be retested for tuberculosis. (d) Testing exemptions. Cattle from Australia and New Zealand are exempt VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00508 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 499 Animal and Plant Health Inspection Service, USDA § 93.410 from the brucellosis testing require ments of paragraph (a)(1) of this sec tion. [55 FR 31495, Aug. 2, 1990, as amended at 57 FR 28080, June 24, 1992; 58 FR 68509, Dec. 28, 1993. Redesignated and amended at 62 FR 56012, 56018, Oct. 28, 1997; 66 FR 20190, Apr. 20, 2001; 68 FR 35533, June 16, 2003; 69 FR 21042, Apr. 20, 2004] § 93.407 Declaration and other docu ments for ruminants. (a) The certificates, declarations, and affidavits required by the regulations in this part shall be presented by the importer or his or her agent to the col lector of customs at the port of entry, upon arrival of ruminants at such port, for the use of the veterinary inspector at the port of entry. (b) For all ruminants offered for im portation, the importer or his or her agent shall first present two copies of a declaration which shall list the port of entry, the name and address of the im porter, the name and address of the broker, the origin of the ruminants, the number, breed, species, and purpose of the importation, the name of the person to whom the ruminants will be delivered, and the location of the place to which such delivery will be made. (c) Any declaration, permit, or other document for ruminants required under this subpart may be issued and pre sented using a U.S. Government elec tronic information exchange system or other authorized method. [55 FR 31495, Aug. 2, 1990, as amended at 81 FR 40151, June 21, 2016] § 93.408 Inspection at the port of entry. Inspection shall be made at the port of entry of all ruminants imported from any part of the world except as provided in §§ 93.421 and 93.426. All ruminants found to be free from com municable disease and not to have been exposed thereto within 60 days prior to their exportation to the United States shall be admitted subject to the other provisions in this part; all other ruminants except as provided in §§ 93.423(c) and 93.427(a) shall be refused entry. Ruminants refused entry, unless exported within a time fixed in each case by the Administrator, and in ac cordance with other provisions he or she may require in each case for their handling shall be disposed of as the Ad ministrator may direct in accordance with the Animal Health Protection Act (7 U.S.C. 8301 et seq.). Such portions of the transporting vessel, and of its cargo, which have been exposed to any such ruminants or their emanations shall be disinfected in such manner as may be considered necessary by the in spector in charge at the port of entry, to prevent the introduction or spread of livestock or poultry disease, before the cargo is allowed to land. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56018, Oct. 28, 1997; 68 FR 6344, Feb. 7, 2003] § 93.409 Articles accompanying ruminants. No litter or manure, fodder or other aliment, nor any equipment such as boxes, buckets, ropes, chains, blankets, or other things used for or about ruminants governed by the regulations in this part, shall be landed from any conveyance except under such restric tions as the inspector in charge at the port of entry shall direct. § 93.410 Movement from conveyances to quarantine station. Platforms and chutes used for han dling imported ruminants shall be cleaned and disinfected under APHIS supervision after being so used. The said ruminants shall not be unneces sarily moved over any highways nor al lowed to come in contact with other animals, but shall be transferred from the conveyance to the quarantine grounds in boats, cars, or vehicles ap proved by the inspector in charge at the port of entry. Such cars, boats, or vehicles shall be cleaned and dis infected under APHIS supervision im mediately after such use, by the carrier moving the same. The railway cars so used shall be either cars reserved for this exclusive use or box cars not oth erwise employed in the transportation of animals or their fresh products. When movement of the aforesaid ruminants upon or across a public highway is unavoidable, it shall be under such careful supervision and re strictions as the inspector in charge at the port of entry and the local authori ties may direct. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00509 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 500 9 CFR Ch. I (1–1–18 Edition) § 93.411 § 93.411 Quarantine requirements. (a) Except for cattle from Central America and the West Indies, and ex cept for ruminants from Canada and Mexico, all ruminants imported into the United States shall be quarantined for not less than 30 days counting from the date of arrival at the port of entry. (b) Wild ruminants shall be subject, during their quarantine, to such in spections, disinfection, blood tests, or other tests as may be required by the Administrator to determine their free dom from disease. [61 FR 17238, Apr. 19, 1996. Redesignated at 62 FR 56012, Oct. 28, 1997] § 93.412 Ruminant quarantine facili ties. (a) Privately owned quarantine facili ties. The operator of a privately owned medium or minimum security quar antine facility subject to the regula tions in this subpart shall arrange for acceptable transportation from the port to the privately owned quarantine facility and for the care, feeding, and handling of the ruminants from the time of unloading at the port to the time of release from the quarantine fa cility. Such arrangements shall be agreed to in advance by the Adminis trator. All expenses related to these ac tivities shall be the responsibility of the operator. The privately owned quarantine facility must be suitable for the quarantine of the ruminants and must be approved by the Administrator prior to the issuance of any import per mit. The facilities occupied by the ruminants should be kept clean and sanitary to the satisfaction of the APHIS representatives. If for any cause, the care, feeding, or handling of ruminants, or the sanitation of the fa cilities is neglected, in the opinion of the overseeing APHIS representative, such services may be furnished by APHIS in the same manner as though arrangements had been made for such services as provided by paragraph (b) of this section. The operator must request in writing inspection and other serv ices as may be required, and shall waive all claims against the United States and APHIS or any employee of APHIS for damages which may arise from such services. The Administrator may prescribe reasonable rates for the services provided under this paragraph. When APHIS finds it necessary to ex tend the usual minimum quarantine period, APHIS shall advise the oper ator in writing, and the operator must pay for such additional quarantine and other services required. The operator must pay for all services received in connection with each separate lot of ruminants as specified in the compli ance agreement required under para graph (d)(2) of this section. (b) Quarantine facilities maintained by APHIS. The importer, or his or her agent, of ruminants subject to quar antine under the regulations in this part shall arrange for acceptable trans portation to the quarantine facility, and for the care, feed, and handling of the ruminants from the time they ar rive at the quarantine port to the time of release from quarantine. Such ar rangements shall be agreed to in ad vance by the Administrator. The im porter or his or her agent shall request in writing such inspection and other services as may be required, and shall waive all claim against the United States and APHIS or any employee of APHIS, for damages which may arise from such services. All expenses result ing therefrom or incident thereto shall be the responsibility of the importer; APHIS assumes no responsibility with respect thereto. The Administrator may prescribe reasonable rates for the services provided under this paragraph. When it is found necessary to extend the usual minimum quarantine period, the importer, or his or her agent, shall be so advised in writing and shall pay for such additional quarantine and other services required. Payment for services received by the importer, or his or her agent, in connection with each separate lot of ruminants shall be made by certified check or U.S. money order prior to release of the ruminants. If such payment is not made, the ruminants may be sold in accordance with the procedure described in this paragraph or otherwise disposed of as directed by the Administrator. When payment is not made and the ruminants are to be sold to recover payment for services received, the im porter, or his or her agent, will be noti fied by the inspector that if said VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00510 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 501 Animal and Plant Health Inspection Service, USDA § 93.412 charges are not immediately paid or satisfactory arrangements made for payment, the ruminants will be sold at public sale to pay the expense of care, feed, and handling during that period. The sale will be held after the expira tion of the quarantine period, at such time and place as may be designated by the General Services Administration or other designated selling agent. The proceeds of the sale, after deducting the charges for care, feed, and handling of the ruminants and other expenses, including the expense of the sale, shall be held in a Special Deposit Account in the United States Treasury for 6 months from the date of sale. If not claimed by the importer, or his or her agent, within 6 months from the date of sale, the amount so held shall be transferred from the Special Deposit Account to the General Fund Account in the United States Treasury. (c) APHIS collection of payments from the importer, or his or her agent, or the operator, for service rendered shall be deposited so as to be available for defraying the expenses involved in this service. (d) Standards for privately owned quar antine facilities for ruminants—(1) APHIS approval of facilities—(i) Approval proce dures. Persons seeking APHIS approval of a privately owned medium or min imum security quarantine facility for ruminants must make written applica tion to the Administrator, c/o National Center for Import and Export, Veteri nary Services, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737–1231. The application must include the full name and mailing address of the applicant; the location and street address of the facility for which approval is sought; blueprints of the facility; a description of the financial resources available for construction, operation and mainte nance of the facility; copies of all ap proved State permits for construction and operation of the facility (but not local building permits), as well as cop ies of all approved Federal, State, and local environmental permits; the an ticipated source(s) or origin(s) of ruminants to be quarantined, as well as the expected size and frequency of ship ments, and a contingency plan for the possible destruction and disposal of all ruminants capable of being held in the facility. (A) If APHIS determines that an ap plication is complete and merits fur ther consideration, the person applying for facility approval must agree to pay the costs of all APHIS services associ ated with APHIS’ evaluation of the ap plication and facility. APHIS charges for evaluation services at hourly rates are listed in § 130.30 of this chapter. If the facility is approved by APHIS, the operator must enter into a compliance agreement in accordance with para graph (d)(2) of this section. (B) Requests for approval must be submitted at least 120 days prior to the date of application for local building permits. Requests for approval will be evaluated on a first-come, first-served basis. (ii) Criteria for approval. Before a fa cility may be built to operate as a pri vately owned medium or minimum se curity quarantine facility for ruminants, it must be approved by APHIS. To be approved: (A) APHIS must find, based on an en vironmental assessment, and based on any required Federal, State, and local environmental permits or evaluations secured by the operator and copies of which are provided to APHIS, that the operation of the facility will not have significant environmental effects; (B) The facility must meet all the re quirements of paragraph (d) of this sec tion; (C) The facility must meet any addi tional requirements that may be im posed by the Administrator in each specific case, as specified in the com pliance agreement required under para graph (d)(2) of this section, to ensure that the quarantine of ruminants in the facility will be adequate to enable determination of their health status, as well as to prevent the transmission of livestock diseases into, within, and from the facility; and (D) The Administrator must deter mine whether sufficient personnel, in cluding one or more APHIS veterinar ians and other professional, technical, and support personnel, are available to serve as APHIS representatives at the facility and provide continuous over sight and other technical services to VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00511 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 502 9 CFR Ch. I (1–1–18 Edition) § 93.412 7 The name and address of the area veteri narian in charge in any State is available from the Animal and Plant Health Inspec tion Servcie, Veterinary Services, National Center for Import and Export, 4700 River road Unit 39, Riverdale, MD 20737–1231. ensure the biological security of the fa cility, if approved. APHIS will assign personnel to facilities requesting ap proval in the order that the facilities meet all of the criteria for approval. The Administrator has sole discretion on the number of APHIS personnel to be assigned to the facility. (iii) Maintaining approval. To main tain APHIS approval, the operator must continue to comply with all the requirements of paragraph (d) of this section as well as the terms of the com pliance agreement executed in accord ance with paragraph (d)(2) of this sec tion. (iv) Withdrawal or denial of approval. Approval of a proposed privately owned medium or minimum security quar antine facility may be denied or ap proval of a facility already in oper ation may be withdrawn at any time by the Administrator for any of the reasons provided in paragraph (d)(1)(iv)(C) of this section. (A) Before facility approval is denied or withdrawn, APHIS will inform the operator of the proposed or existing fa cility and include the reasons for the proposed action. If there is a conflict as to any material fact, APHIS will afford the operator, upon request, the oppor tunity for a hearing with respect to the merits or validity of such action in ac cordance with rules of practice that APHIS adopts for the proceeding. (B) Withdrawal of approval of an ex isting facility will become effective pending final determination in the pro ceeding when the Administrator deter mines that such action is necessary to protect the public health, interest, or safety. Such withdrawal will be effec tive upon oral or written notification, whichever is earlier, to the operator of the facility. In the event of oral notifi cation, APHIS will give written con firmation to the operator of the facil ity as promptly as circumstances allow. This withdrawal will continue in effect pending the completion of the proceeding and any judicial review, un less otherwise ordered by the Adminis trator. In addition to withdrawal of ap proval for the reasons provided in para graph (d)(1)(iv)(C) of this section, the Administrator will also automatically withdraw approval when the operator of any approved facility notifies the area veterinarian in charge for the State in which the facility is located, in writing, that the facility is no longer in operation. 7 (C) The Administrator may deny or withdraw the approval of a privately owned medium or minimum security quarantine facility if: (1) Any requirement of paragraph (d) of this section or the compliance agree ment is not met; or (2) The facility has not been in use to quarantine ruminants for a period of at least 1 year; or (3) The operator fails to remit any charges for APHIS services rendered; or (4) The operator or a person respon sibly connected with the business of the facility is or has been convicted of any crime under any law regarding the importation or quarantine of any ani mal; or (5) The operator or a person respon sibly connected with the business of the facility is or has been convicted of a crime involving fraud, bribery, extor tion, or any other crime involving a lack of integrity needed for the con duct of operations affecting the impor tation of animals; or (6) Any other requirement under the Animal Health Protection Act (7 U.S.C. 8301–8317) or the regulations thereunder are not met. (D) For the purposes of paragraph (d)(1)(iv) of this section, a person is deemed to be responsibly connected with the business of the facility if such person has an ownership, mortgage, or lease interest in the facility, or if such person is a partner, officer, director, holder, or owner of 10 percent or more of its voting stock, or an employee in a managerial or executive capacity. (2) Compliance agreement. (i) A pri vately owned medium or minimum se curity quarantine facility must operate in accordance with a compliance agree ment executed by the operator or other designated representative of the facil ity and by the Administrator. The compliance agreement must be signed VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00512 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 503 Animal and Plant Health Inspection Service, USDA § 93.412 by both parties before a facility may commence operations. The compliance agreement must provide that: (A) The facility must meet all appli cable requirements of paragraph (d) of this section; (B) The facility’s quarantine oper ations are subject to the strict over sight of APHIS representatives; (C) The operator agrees to be respon sible for the cost of building the facil ity; all costs associated with its main tenance and operation; all costs associ ated with the hiring of personnel to at tend to the ruminants, as well as to maintain and operate the facility; all costs associated with the care of quar antined ruminants, such as feed, bed ding, medicines, inspections, testing, laboratory procedures, and necropsy examinations; all costs associated with the death or destruction and disposi tion of quarantined ruminants; and all APHIS charges for the services of APHIS representatives in accordance with this section and part 130 of this chapter; (D) The operator obtained, prior to execution of this agreement, a finan cial instrument (insurance or surety bond) approved by APHIS that finan cially guarantees the operator’s ability to cover all costs and other financial li abilities and obligations of the facility, including a worst case scenario in which all quarantined ruminants must be destroyed and disposed of because of an animal health emergency, as deter mined by the Administrator. (E) The operator will deposit with the Administrator, prior to com mencing quarantine operations, a cer tified check or U.S. money order to cover the estimated costs, as deter mined by the Administrator, of profes sional, technical, and support services to be provided by APHIS at the facility over the duration of the quarantine. If actual costs incurred by APHIS over the quarantine period exceed the depos ited amount, the operator will pay for any additional costs incurred by APHIS, based on official accounting records. Payment for all services re ceived in connection with each lot of ruminants in quarantine shall be made prior to release of the ruminants. The operator must pay for any other costs incurred by APHIS with respect to the quarantine following the release of the ruminants, based on official records, within 14 days of receipt of the bill showing the balance due. APHIS will return to the operator any unobligated funds deposited with APHIS, after the release of the lot of ruminants from the facility and termination or expira tion of the compliance agreement, or, if requested, credit to the operator’s account such funds to be applied to wards payment of APHIS services at a future date. (ii) Prior to the entry of each subse quent lot of ruminants into the me dium or minimum security facility, a new compliance agreement must be ex ecuted, and a certified check or U.S. money order to the Administrator must be deposited to cover the esti mated costs, as determined by the Ad ministrator, of professional, technical, and support services to be provided by APHIS at the facility over the duration of the quarantine. (3) Physical plant requirements. A pri vately owned medium or minimum se curity quarantine facility must meet the following requirements as deter mined by an APHIS inspection before ruminants may be admitted to it. (i) Location. (A) The medium or min imum security facility must be located at a site approved by the Adminis trator, and the specific routes for the movement of ruminants from the port must be approved in advance by the Administrator, based on consideration of whether the site or routes would put the animals in a position that could re sult in their transmitting commu nicable livestock diseases. (B) In the case of a medium security facility, the facility must be located at least one-half mile from any premises holding livestock. In the case of a min imum security facility, the Adminis trator will establish the required min imum distance between the facility and other premises holding livestock on a case-by-case basis. (C) If the medium or minimum secu rity facility is to be located more than 1 mile from a designated port, the oper ator must make arrangements for the imported ruminants to be held in a temporary inspection facility to allow for the inspection of the imported VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00513 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 504 9 CFR Ch. I (1–1–18 Edition) § 93.412 ruminants by a Federal or State veteri narian prior to the animals’ movement to the medium or minimum security facility. (1) The temporary inspection facility must have adequate space for Federal or State veterinarians to conduct ex aminations and testing of the imported ruminants. (2) The examination space of the temporary inspection facility must be equipped with appropriate animal re straining devices for the safe inspec tion of ruminants. (3) The temporary inspection facility may not hold more than one lot of ani mals at the same time. (4) In seeking APHIS approval of the temporary inspection facility, the op erator must provide APHIS with the following information: The port of entry; a description of the temporary inspection facility; and the anticipated source(s) of the materials to be used for the facility. (5) If the ruminants, upon inspection at the temporary inspection facility, are determined to be infected with or exposed to a disease that precludes their entry into the United States, the animals will be refused entry. Ruminants refused entry remain the responsibility of the operator, but sub ject to further handling or disposition as directed by the Administrator in ac cordance with § 93.408 of this subpart. (6) APHIS’ approval to build and op erate a medium or minimum security facility outside the immediate vicinity of a designated port is contingent upon APHIS’ approval of the temporary in spection facility at the port, as well as approval of the routes for the move ment of ruminants from the port to the medium or minimum security facility. (ii) Construction. The medium or min imum security facility must be of sound construction, in good repair, and properly designed to prevent the escape of quarantined ruminants. It must have adequate capacity to receive and hold a shipment of ruminants as a lot on an ‘‘all-in, all-out’’ basis and must include the following: (A) Loading docks. The facility must include separate docks for animal re ceiving and releasing and for general receiving and pickup, or, alternatively, a single dock may be used for both pur poses if the dock is cleaned and dis infected after each use in accordance with paragraph (d)(4)(iv)(D) of this sec tion. (B) Perimeter fencing. The facility must be surrounded by double-security perimeter fencing separated by at least 30 feet and of sufficient height and de sign to prevent the entry of unauthor ized persons and animals from outside the facility and to prevent the escape of any ruminants in quarantine. (C) Means of isolation. The facility must provide pens, chutes, and other animal restraining devices, as appro priate, for inspection and identifica tion of each animal, as well as for seg regation, treatment, or both, of any ru minant exhibiting signs of illness. The medium or minimum security facility must also have lot-holding areas of suf ficient size to prevent overcrowding. A medium security facility may hold more than one lot of ruminants as long as the lots are separated by physical barriers such that ruminants in one lot do not have physical contact with ruminants in another lot or with their excrement or discharges. A minimum security facility may not hold more than one lot of animals at the same time. (D) APHIS space. The facility must have adequate space for APHIS rep resentatives to conduct examinations and draw samples for testing of ruminants in quarantine, prepare and package samples for mailing, and store duplicate samples and the necessary equipment and supplies for each lot of ruminants. The examination space must be equipped with appropriate ani mal restraining devices for the safe in spection of ruminants. The facility must also provide a secure, lockable of fice for APHIS use with enough room for a desk, chair, and filing cabinet. (E) Storage. The facility must have sufficient storage space for equipment and supplies used in quarantine oper ations. Storage space must include sep arate, secure storage for pesticides and for medical and other biological sup plies, as well as a separate storage area for feed and bedding, if feed and bed ding are stored at the facility. (F) Other work areas. The facility must include work areas for the repair VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00514 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 505 Animal and Plant Health Inspection Service, USDA ยง 93.412 of equipment and for cleaning and dis infecting equipment used in the facil ity. (iii) Additional construction require ments for medium security facilities. For medium security facilities only, the following requirements must also be met: (A) Self-contained building. The me dium security facility must be con structed so that the quarantine area is located in a secure, self-contained building that contains appropriate con trol measures against the spread of livestock diseases biologically trans missible by vectors. All entryways into the nonquarantine area of the building must be equipped with a secure and lockable door. While ruminants are in quarantine, all access to the quar antine area must be from within the building. Each entryway to the quar antine area must be equipped with a solid self-closing door. Separate access must be provided within the quar antine area to each lot-holding area so that it is not necessary to move through one lot-holding area to gain access to another lot-holding area. Entryways to each lot-holding area within the quarantine area would also have to be equipped with a solid lock able door. Emergency exits to the out side may exist in the quarantine area if required by local fire ordinances. Such emergency exits must be constructed so as to permit their opening from the inside of the facility only. (B) Windows and other openings. Any windows or other openings in the quar antine area must be double-screened with screening of sufficient gauge and mesh to prevent the entry or exit of in sects and other vectors of livestock dis eases and to provide ventilation suffi cient to ensure the comfort and safety of all ruminants in the facility. The in terior and exterior screens must be sep arated by at least 3 inches (7.62 cm). All screening of windows or other open ings must be easily removable for cleaning, yet otherwise remain locked and secure at all times in a manner satisfactory to APHIS representatives in order to ensure the biological secu rity of the facility. (C) Surfaces. The medium security fa cility must be constructed so that the floor surfaces with which ruminants have contact are nonslip and wear-re sistant. All floor surfaces with which the ruminants, their excrement, or dis charges have contact must slope gradu ally to the center, where one or more drains of at least 8 inches in diameter are located for adequate drainage, or, alternatively, must be of slatted or other floor design that allows for ade quate drainage. All floor and wall sur faces with which the ruminants, their excrement, or discharges have contact must be impervious to moisture and be able to withstand frequent cleaning and disinfection without deterioration. Other ceiling and wall surfaces with which the ruminants, their excrement, or discharges do not have contact must be able to withstand cleaning and dis infection between shipments of ruminants. All floor and wall surfaces must be free of sharp edges that could cause injury to ruminants. (D) Ventilation and climate control. The medium security facility must be constructed with a heating, ventila tion, and air conditioning (HVAC) sys tem capable of controlling and main taining the ambient temperature, air quality, moisture, and odor at levels that are not injurious or harmful to the health of ruminants in quarantine. Air supplied to lot-holding areas must not be recirculated or reused for other ventilation needs. HVAC systems for lot-holding areas must be separate from air handling systems for other operational and administrative areas of the facility. In addition, if the facility is approved to handle more than one lot of ruminants at a time, each lot holding area must have its own sepa rate HVAC system that is designed to prevent cross-contamination between the separate lot-holding areas. (E) Lighting. The medium security fa cility must have adequate lighting throughout, including in the lot-hold ing areas and other areas used to exam ine ruminants and conduct necropsies. (F) Fire protection. The medium secu rity facility, including the lot-holding areas, must have a fire alarm and voice communication system. (G) Monitoring system. The medium security facility must have a television monitoring system or other arrange ment sufficient to provide a full view of the lot-holding areas. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00515 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 506 9 CFR Ch. I (1–1–18 Edition) § 93.412 (H) Communication system. The me dium security facility must have a communication system between the nonquarantine and quarantine areas of the facility. (I) Necropsy area. The medium secu rity facility must have an area that is of sufficient size to perform necropsies on ruminants and that is equipped with adequate lighting, hot and cold run ning water, a drain, a cabinet for stor ing instruments, a refrigerator-freezer for storing specimens, and an autoclave to sterilize veterinary equipment. (J) Additional storage requirements. Feed storage areas in the medium secu rity facility must be vermin-proof. Also, if the medium security facility has multiple lot-holding areas, then separate storage space for supplies and equipment must be provided for each lot-holding area. (K) Showers. In a medium security fa cility, there must be a shower at the entrance to the quarantine area. A shower also must be located at the en trance to the necropsy area. A clothes storage and clothes-changing area must be provided at each end of each shower area. There also must be one or more receptacles near each shower so that clothing that has been worn in a lot-holding area or elsewhere in the quarantine area can be deposited in the receptacle(s) prior to entering the shower. (L) Restrooms. The medium security facility must have permanent rest rooms in both the nonquarantine and quarantine areas of the facility. (M) Break room. The medium security facility must have an area within the quarantine area for breaks and meals. (N) Laundry area. The medium secu rity facility must have an area for washing and drying clothes, linens, and towels. (iv) Sanitation. To ensure that proper animal health and biological security measures are observed, a privately owned medium or minimum security quarantine facility must provide the following: (A) Equipment and supplies nec essary to maintain the facility in a clean and sanitary condition, including pest control equipment and supplies and cleaning and disinfecting equip ment with adequate capacity to dis infect the facility and equipment. (B) Separately maintained sanitation and pest control equipment and sup plies for each lot-holding area if the fa cility will hold more than one lot of ruminants at a time (applicable to me dium security facilities only). (C) A supply of potable water ade quate to meet all watering and clean ing needs, with water faucets for hoses located throughout the facility. An emergency supply of water for ruminants in quarantine also must be maintained. (D) A stock of disinfectant author ized in § 71.10(a)(5) of this chapter or otherwise approved by the Adminis trator that is sufficient to disinfect the entire facility. (E) The capability to dispose of wastes, including manure, urine, and used bedding, by means of burial, incin eration, or public sewer. Other waste material must be handled in such a manner that minimizes spoilage and the attraction of pests and must be dis posed of by incineration, public sewer, or other preapproved manner that pre vents the spread of disease. Disposal of wastes must be carried out under the direct oversight of APHIS representa tives. (F) The capability to dispose of rumi nant carcasses in a manner approved by the Administrator and under condi tions that prevent the spread of disease from the carcasses. (G) For incineration to be carried out at the facility, incineration equipment that is detached from other facility structures and is capable of burning wastes or carcasses as required. The in cineration site must include an area sufficient for solid waste holding. In cineration may also take place at a local site away from the facility prem ises. All incineration activities must be carried out under the direct over sight of an APHIS representative. (H) The capability to control surface drainage and effluent into, within, and from the facility in a manner that pre vents the spread of disease into, with in, and from the facility. If the facility is approved to handle more than one lot of ruminants at the same time, VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00516 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 507 Animal and Plant Health Inspection Service, USDA § 93.412 there must be separate drainage sys tems for each lot-holding area in order to prevent cross contamination. (v) Security. (A) A privately owned medium or minimum security quar antine facility must provide the fol lowing security measures: (1) The facility and premises must be kept locked and secure at all times while the ruminants are in quarantine. (2) The facility and premises must have signs indicating that the facility is a quarantine area and no visitors are allowed. (3) The operator must furnish a tele phone number or numbers to APHIS at which the operator or his or her agent can be reached at all times. (4) APHIS is authorized to place seals on any or all entrances and exits of the facility, when determined necessary by APHIS to ensure security, and to take all necessary steps to ensure that the seals are broken only in the presence of an APHIS representative. If the seals are broken by someone other than an APHIS representative, it will be con sidered a breach in security, and an im mediate accounting of all ruminants in the facility will be made by an APHIS representative. If a breach in security occurs, APHIS may extend the quar antine period as long as necessary to determine that the ruminants are free of communicable livestock diseases. (5) In the event that a communicable livestock disease is diagnosed in quar antined ruminants, the Administrator may require that the operator have the facility guarded by a bonded security company, at the expense of the oper ator of the facility, in a manner that the Administrator deems necessary to ensure the biological security of the fa cility. (B) A privately owned medium secu rity facility also must provide the fol lowing security measures: (1) The medium security facility and premises must be guarded at all times by one or more representatives of a bonded security company, or, alter natively, the medium security facility must have an electronic security sys tem that prevents the entry of unau thorized persons into the facility and prevents animals outside the facility from having contact with ruminants in quarantine; (2) If an electronic security system is used, the electronic security system must be coordinated through or with the local police so that monitoring of the facility is maintained whenever APHIS representatives are not at the facility. The electronic security sys tem must be of the ‘‘silent type’’ and must be triggered to ring at the moni toring site and, if the operator chooses, at the facility. The operator must pro vide written instructions to the moni toring agency stating that the police and an APHIS representative des ignated by APHIS must be notified by the monitoring agency if the alarm is triggered. The operator also must sub mit a copy of those instructions to the Administrator. The operator must no tify the designated APHIS representa tive whenever a break in security oc curs or is suspected of occurring. (4) Operating procedures. The fol lowing procedures must be followed at a privately owned medium or minimum security quarantine facility at all times: (i) APHIS oversight. (A) The quar antine of ruminants at the facility will be subject to the strict oversight of APHIS representatives authorized to perform the services required by this subpart. (B) If, for any reason, the operator fails to properly care for, feed, or han dle the quarantined ruminants as re quired in paragraph (d) of this section, or in accordance with animal health and husbandry standards provided else where in this chapter, or fails to main tain and operate the facility as pro vided in paragraph (d) of this section, APHIS representatives are authorized to furnish such neglected services at the operator’s expense, as authorized in paragraph (a) of this section. (ii) Personnel. (A) The operator must provide adequate personnel to main tain the facility and care for the ruminants in quarantine, including at tendants to care for and feed ruminants, and other personnel as needed to maintain, operate, and ad minister the facility. (B) The operator must provide APHIS with an updated list of all personnel who have access to the facility. The list must include the names, current VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00517 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 508 9 CFR Ch. I (1–1–18 Edition) § 93.412 residential addresses, and identifica tion numbers of each person, and must be updated with any changes or addi tions in advance of such person having access to the quarantine facility. (C) The operator must provide APHIS with signed statements from all per sonnel having access to the facility in which the person agrees to comply with paragraph (d) of this section and applicable provisions of this part, all terms of the compliance agreement, and any related instructions from APHIS representatives pertaining to quarantine operations, including con tact with animals both inside and out side the facility. (iii) Authorized access. (A) Access to the facility premises as well as inside the quarantine area will be granted only to APHIS representatives and other persons specifically authorized to work at the facility. All other persons are prohibited from the premises unless specifically granted access by an APHIS representative. Any visitors granted access must be accompanied at all times by an APHIS representative while on the premises. (B) All visitors, except veterinary practitioners who enter the facility to provide emergency care, must sign an affidavit before entering the quar antine area, if determined necessary by the overseeing APHIS representative, declaring that they will not have con tact with any susceptible animals out side the facility for at least 5 days after contact with the ruminants in quarantine, or for a period of time de termined by the overseeing APHIS rep resentative as necessary to prevent the transmission of communicable live stock diseases of ruminants. (iv) Sanitary practices. (A) All persons granted access to the quarantine area must: (1) Wear clean protective work cloth ing and footwear upon entering the quarantine area. (2) Wear disposable gloves when han dling sick animals and then wash hands after removing gloves. (3) Change protective clothing, foot wear, and gloves when they become soiled or contaminated. (4) Be prohibited, if determined nec essary by the overseeing APHIS rep resentative, from having contact with any susceptible animals outside the fa cility for at least 5 days after the last contact with ruminants in quarantine, or for a longer period of time deter mined necessary by the overseeing APHIS representative to prevent the transmission of livestock diseases. (B) All equipment (including trac tors) must be cleaned and disinfected prior to being used in the quarantine area of the facility with a disinfectant that is authorized in § 71.10(a)(5) of this chapter or that is otherwise approved by the Administrator. The equipment must remain dedicated to the facility for the entire quarantine period. Any equipment used with quarantined ruminants must remain dedicated to that particular lot of ruminants for the duration of the quarantine period or be cleaned and disinfected before coming in contact with ruminants from an other lot. Prior to its use on another lot of ruminants or its removal from the quarantine area, such equipment must be cleaned and disinfected to the satisfaction of an APHIS representa tive. (C) Any vehicle, before entering or leaving the quarantine area of the fa cility, must be immediately cleaned and disinfected under the oversight of an APHIS representative with a dis infectant that is authorized in § 71.10(a)(5) of this chapter or that is otherwise approved by the Adminis trator. (D) If the facility has a single loading dock, the loading dock must be imme diately cleaned and disinfected after each use under the oversight of an APHIS representative with a disinfect ant that is authorized in § 71.10(a)(5) of this chapter or that is otherwise ap proved by the Administrator. (E) That area of the facility in which a lot of ruminants had been held or had access must be thoroughly cleaned and disinfected under the oversight of an APHIS representative upon release of the ruminants, with a disinfectant that is authorized in § 71.10(a)(5) of this chapter or that is otherwise approved by the Administrator, before a new lot of ruminants is placed in that area of the facility. (F) For medium security facilities only, the following additional sanitary practices also must be followed: VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00518 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 509 Animal and Plant Health Inspection Service, USDA § 93.412 8 A list of approved vaccines is available from the Center for Veterinary Biologics, USDA, APHIS, VS, 510 south 17th Street6, Suite 104, Ames, IA 50010. (1) All persons granted access to the quarantine area, must: (i) Shower when leaving the quar antine area. (ii) Shower before entering a lot-hold ing area if previously exposed from ac cess to another lot-holding area. (iii) Shower when leaving the ne cropsy area if a necropsy is in the proc ess of being performed or has just been completed, or if all or portions of the examined animal remain exposed. (iv) Be prohibited, unless specifically allowed otherwise by the overseeing APHIS representative, from having contact with any ruminants in the fa cility, other than the lot or lots of ruminants to which the person is as signed or is granted access. (2) The operator is responsible for providing a sufficient supply of cloth ing and footwear to ensure that work ers and others provided access to the quarantine area of the facility have clean, protective clothing and footwear before entering the facility. (3) The operator is responsible for the proper handling, washing, and disposal of soiled and contaminated clothing worn in the quarantine area in a man ner approved by an APHIS representa tive as adequate to preclude the trans mission of disease within and from the facility. At the end of each workday, work clothing worn into each lot-hold ing area and elsewhere in the quar antine area must be collected and kept in bags until the clothing is washed. Used footwear must either be left in the clothes changing area or cleaned with hot water (148 °F minimum) and detergent and disinfected as directed by an APHIS representative. (v) Handling of ruminants in quar antine. (A) Each lot of ruminants to be quarantined must be placed in the fa cility on an ‘‘all-in, all-out’’ basis. No ruminant may be taken out of a lot while the lot is in quarantine, except for diagnostic purposes, and no rumi nant may be added to a lot while in quarantine. (B) The facility must provide suffi cient feed and bedding for the ruminants in quarantine, and it must be free of vermin and not spoiled. Feed and bedding must originate from a re gion that has been approved by APHIS as a source for feed and bedding. (C) Breeding of ruminants or collec tion of germ plasm from ruminants is prohibited during the quarantine pe riod unless necessary for a required im port testing procedure. (D) Ruminants in quarantine will be subjected to such tests and procedures as directed by an APHIS representative to determine whether the ruminants are free of communicable livestock dis eases. While in quarantine, ruminants may be vaccinated only with vaccines that have been approved by the APHIS representative and licensed in accord ance with § 102.5 of this chapter. 8 Vac cines must be administered either by an APHIS veterinarian or an accred ited veterinarian under the direct over sight of an APHIS representative. (E) Any death or suspected illness of ruminants in quarantine must be re ported immediately to the overseeing APHIS representative. The affected ruminants must be disposed of as the Administrator may direct or, depend ing on the nature of the disease, must be cared for as directed by APHIS to prevent the spread of disease. (F) Quarantined ruminants requiring specialized medical attention or addi tional postmortem testing may be transported off the quarantine site, if authorized by APHIS. A second quar antine site must be established to house the ruminants at the facility of destination (e.g., veterinary college hospital). In such cases, APHIS may extend the quarantine period until the results of any outstanding tests or postmortems are received. (G) Should the Administrator deter mine that an animal health emergency exists at the facility, arrangements for the final disposition of the infected or exposed lot of ruminants must be ac complished within 4 workdays fol lowing disease confirmation. Subse quent disposition of the ruminants must occur under the direct oversight of APHIS representatives. (vi) Recordkeeping. (A) The operator must maintain a current daily log, to record the entry and exit of all persons entering and leaving the facility. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00519 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 510 9 CFR Ch. I (1–1–18 Edition) § 93.413 (B) The operator must retain the daily log, along with any logs kept by APHIS and deposited with the oper ator, for at least 2 years following the date of release of the ruminants from quarantine and must make such logs available to APHIS representatives upon request. (5) Environmental quality. If APHIS determines that a privately owned me dium or minimum security quarantine facility does not meet applicable local, State, or Federal environmental regu lations, APHIS may deny or suspend approval of the facility until appro priate remedial measures have been ap plied. (6) Other laws. A privately owned me dium or minimum security quarantine facility must comply with other appli cable Federal laws and regulations, as well as with all applicable State and local codes and regulations. (7) Variances. The Administrator may grant variances to existing require ments relating to location, construc tion, and other design features of a pri vately owned medium security quar antine facility or minimum security quarantine facility as well as to sanita tion, security, operating procedures, recordkeeping, and other provisions in paragraph (d) of this section, but only if the Administrator determines that the variance causes no detrimental im pact to the health of the ruminants or to the overall biological security of the quarantine operations. The operator must submit a request for a variance to the Administrator in writing at least 30 days in advance of the arrival of the ruminants to the facility. Any variance also must be expressly provided for in the compliance agreement. (Approved by the Office of Management and Budget under control number 0579–0232) [55 FR 31495, Aug. 2, 1990. Redesignated at 62 FR 56012, Oct. 28, 1997, as amended at 71 FR 29773, May 24, 2006] § 93.413 Quarantine stations, visiting restricted; sales prohibited. Visitors are not permitted in the quarantine enclosures during any time that ruminants are in quarantine un less the APHIS representative or in spector in charge specifically grants access under such conditions and re strictions as may be imposed by the APHIS representative or inspector in charge. An importer (or his or her ac credited agent or veterinarian) may be admitted to the yards and buildings containing his or her quarantined ruminants at such intervals as may be deemed necessary, and under such con ditions and restrictions as may be im posed, by the APHIS representative or the inspector in charge of the quar antine facility or station. On the last day of the quarantine period, owners, officers, or registry societies, and oth ers having official business or whose services may be necessary in the re moval of the ruminants may be admit ted upon written permission from the APHIS representative or inspector in charge. No exhibition or sale shall be allowed within the quarantine grounds. [71 FR 29779, May 24, 2006] § 93.414 Milk from quarantined ruminants. Milk or cream from ruminants quar antined under the provisions of this part shall not be used by any person other than those in charge of such ruminants, nor be fed to any animals other than those within the same en closure, without permission of the APHIS representative or inspector in charge of the quarantine station and subject to such restrictions as he or she may consider necessary to each in stance. No milk or cream shall be re moved from the quarantine premises except in compliance with all State and local regulations. [55 FR 31495, Aug. 2, 1990. Redesignated at 62 FR 56012, Oct. 28, 1997, as amended at 71 FR 29779, May 24, 2006] § 93.415 Manure from quarantined ruminants. No manure shall be removed from the quarantine premises until the release of the ruminants producing same. § 93.416 Appearance of disease among ruminants in quarantine. If any contagious disease appears among ruminants during the quar antine period special precautions shall be taken to prevent spread of the infec tion to other animals in the quarantine station or to those outside the grounds. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00520 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 511 Animal and Plant Health Inspection Service, USDA § 93.418 8 Importations from Canada shall be sub ject to §§ 93.417 to 93.421, inclusive, in addi tion to other sections in this part which are in terms applicable to such importations. The affected ruminants shall be dis posed of as the Administrator may di rect, depending upon the nature of the disease. CANADA 8 § 93.417 Import permit and declaration for ruminants. (a) For ruminants intended for im portation from Canada, the importer shall first apply for and obtain from APHIS an import permit as provided in § 93.404: Provided, That an import per mit is not required for ruminants of fered for entry at a land border port designated in § 93.403(b) if such rumi nant is: (1) A wether; (2) A sheep or goat imported for im mediate slaughter; or (3) A ruminant other than a sheep or goat and that ruminant: (i) Was born in Canada or the United States, and has been in no region other than Canada or the United States, or (ii) Has been legally imported into Canada from some other region and un conditionally released in Canada so as to be eligible to move freely within that region without restriction of any kind and has been in Canada after such release for 60 days or longer. (b) For all ruminants offered for im portation from Canada, the importer or his or her agent shall present two cop ies of a declaration as provided in § 93.407. [55 FR 31495, Aug. 2, 1990, as amended at 60 FR 13900, Mar. 15, 1995. Redesignated and amended at 62 FR 56012, 56018, Oct. 28, 1997] § 93.418 Cattle and other bovines from Canada. (a) Health certificates. Cattle intended for importation from Canada must be accompanied by a certificate issued in accordance with § 93.405(a). The certifi cate must state that the cattle have been inspected and were found to be free from any evidence of commu nicable disease and that, as far as can be determined, they have not been ex posed to any such disease during the preceding 60 days. Cattle found un qualified upon inspection at the port of entry will be refused entry into the United States. (b) Tuberculin-test certificates. (1) Cat tle from Canada from a herd in which any cattle have been determined to have tuberculosis shall not be imported into the United States. (2) Except for cattle prohibited from importation under paragraph (b)(1) of this section, cattle from Canada may be imported into the United States if: (i) The cattle are imported for imme diate slaughter in accordance with § 93.420; or (ii) The cattle are imported for move ment to a feedlot and then to slaughter and the certificate accompanying the cattle shows, in addition to the infor mation required under § 93.405, the breed of the animal, and: (A) That the cattle are from a tuber culosis-free herd; or (B) The date and place the cattle were last tested for tuberculosis; that the cattle were found negative for tu berculosis on such test; and that such test was performed within 60 days pre ceding the arrival of the cattle at the port of entry; or (C) That the cattle are at least five days but not more than four weeks of age and, therefore, exempt from the tu berculosis testing requirement; or (D) For a calf imported with its dam, the date and place the calf’s dam was last tested for tuberculosis; that the dam was found negative for tuber culosis on such test; that such test was performed within 60 days preceding the arrival of the calf and dam at the port of entry; and that the calf was born after such test was performed. (c) Brucellosis test or vaccination cer tificates. (1) Cattle from Canada from a herd in which any cattle have been de termined to have brucellosis may not be imported into the United States; (2) Except for cattle prohibited from importation into the United States under paragraph (c)(1) of this section, cattle 6 months of age or older from Canada may be imported into the United States if the following condi tions are met: (i) The cattle are imported for imme diate slaughter in accordance with § 93.420; (ii) The cattle are steers; or VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00521 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 512 9 CFR Ch. I (1–1–18 Edition) § 93.419 (iii) The cattle are imported for movement to a feedlot and then to slaughter and the certificate accom panying the cattle shows, in addition to the information required under § 93.405, the breed of the animal, and: (A) That the cattle are from a brucel losis certified-free herd, province, or territory; or (B) The date and place the cattle were last tested for brucellosis; that the cattle were found negative for bru cellosis on such test; and that such test was performed within 30 days preceding the arrival of the cattle at the port of entry; or (C) That the female cattle under 18 months of age were vaccinated against brucellosis in accordance with Cana dian regulations; the date of such vac cination; the dosage of vaccine used; and the age of each animal on the date of vaccination. (d) In addition to meeting the re quirements of paragraphs (a) through (c) of this section, bovines may be im ported from Canada only under the fol lowing conditions: (1) The bovines are imported for im mediate slaughter under § 93.420; or (2) The bovines are imported for other than immediate slaughter under the following conditions: (i) The bovines were born after March 1, 1999, the date determined by APHIS to be the date of effective enforcement of a ruminant-to-ruminant feed ban in Canada; (ii) The bovines are imported only through a port of entry listed in § 93.403(b) or as provided for in § 93.403(f); (iii) The bovines were officially iden tified prior to arriving at the port of entry in the United States with unique individual identification that is trace able to each bovine’s premises of ori gin. No person may alter, deface, re move, or otherwise tamper with the of ficial identification while the animal is in the United States or moving into or through the United States, except that the identification may be removed at slaughter; and (iv) The bovines are permanently and humanely identified using one of the following additional methods: (A) A ‘‘CLN’’ mark properly applied with a freeze brand, hot iron, or other method, and easily visible on the live animal and on the carcass before skin ning. Such a mark must be not less than 2 inches nor more than 3 inches high, and must be applied to each ani mal’s right hip, high on the tail-head (over the junction of the sacral and first coccygeal vertebrae); or (B) A tattoo with the letters ‘‘CLN’’ applied to the inside of one ear of the animal; or (C) Other means of permanent identi fication upon request if deemed ade quate by the Administrator to hu manely identify the animal in a dis tinct and legible way as having been imported from Canada. (3) The bovines are accompanied by a certificate issued in accordance with § 93.405 that states, in addition to the statements required by § 93.405, that the conditions of paragraph (d)(2) of this section, as applicable, have been met. (Approved by the Office of Management and Budget under control number 0579–0393) [55 FR 31495, Aug. 2, 1990, as amended at 55 FR 49990, Dec. 4, 1990; 58 FR 37641, July 13, 1993; 59 FR 28216, June 1, 1994; 61 FR 17238, Apr. 19, 1996. Redesignated and amended at 62 FR 56012, 56018, Oct. 28, 1997; 71 FR 12997, Mar. 14, 2006; 78 FR 72996, Dec. 4, 2013; 78 FR 73993, Dec. 10, 2013] § 93.419 Sheep and goats from Canada. (a) Sheep and goats intended for im portation from Canada must be accom panied by a certificate issued in ac cordance with § 93.405. (b) If the sheep or goats are unaccom panied by the certificate required by paragraph (a) of this section, or if they are found upon inspection at the port of entry to be affected with or exposed to a communicable disease, they shall be refused entry and shall be handled or quarantined, or otherwise disposed of, as the Administrator may direct. (c) Any sheep or goats imported from Canada must not be pregnant, must be less than 12 months of age when im ported into the United States and when slaughtered, must be from a flock or herd subject to a ruminant feed ban equivalent to the requirements estab lished by the U.S. Food and Drug Ad ministration at 21 CFR 589.2000, and, before the animal’s arrival at the port of entry into the United States, must VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00522 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 513 Animal and Plant Health Inspection Service, USDA § 93.419 be officially identified with unique in dividual identification that is trace able to the premises of origin of the animal. No person may alter, deface, remove, or otherwise tamper with the official identification while the animal is in the United States or moving into or through the United States, except that the identification may be removed at the time of slaughter. The animals must be accompanied by the certifi cation issued in accordance with § 93.405 that states, in addition to the statements required by § 93.405, that the conditions of this paragraph have been met. Additionally, for sheep and goats imported for immediate slaugh ter, the certificate must state that the conditions of paragraphs (d)(1) through (d)(3) of this section have been met, and, for sheep and goats imported for other than immediate slaughter, the certificate must state that the condi tions of paragraphs (e)(1) and (e)(2) of this section have been met. (d) Sheep and goats imported for imme diate slaughter. Sheep and goats im ported from Canada for immediate slaughter must be imported only through a port of entry listed in § 93.403(b) or as provided for in § 93.403(f) in a means of conveyance sealed in Canada with seals of the Canadian Gov ernment, and must be moved directly as a group from the port of entry to a recognized slaughtering establishment for slaughter as a group. The sheep and goats shall be inspected at the port of entry and otherwise handled in accord ance with § 93.408. The seals on the means of conveyance must be broken only at the port of entry by the APHIS port veterinarian or at the recognized slaughtering establishment by an au thorized USDA representative. If the seals are broken by the APHIS port veterinarian at the port of entry, the means of conveyance must be resealed with seals of the U.S. Government be fore being moved to the recognized slaughtering establishment. The ship ment must be accompanied from the port of entry to the recognized slaugh tering establishment by APHIS Form VS 17–33, which must include the loca tion of the recognized slaughtering es tablishment. Additionally, the sheep and goats must meet the following con ditions: (1) The animals have not tested posi tive for and are not suspect for a trans missible spongiform encephalopathy; (2) The animals have not resided in a flock or herd that has been diagnosed with BSE; and (3) The animals’ movement is not re stricted within Canada as a result of exposure to a transmissible spongiform encephalopathy. (e) Imported for feeding. Any sheep or goats imported from Canada for feed ing at a feedlot must be imported only through a port of entry listed in § 93.403(b) or as provided for in § 93.403(f) in a means of conveyance sealed in the region of origin with seals of the na tional government of the region of ori gin, must be moved directly as a group from the port of entry to a designated feedlot, must not be commingled with any sheep or goats that are not being moved directly to slaughter from the designated feedlot at less than 12 months of age, and must meet the fol lowing conditions: (1) The sheep and goats must be per manently and humanely identified be fore arrival at the port of entry with a distinct and legible ‘‘C’’ mark, properly applied with a freeze brand, hot iron, or other method, and easily visible on the live animal and on the carcass before skinning. The mark must be not less than 1 inch or more than 11⁄4 inches high. Other means of permanent identi fication may be used upon request if deemed adequate by the Administrator to humanely identify the animal in a distinct and legible way as having been imported from Canada; (2) The animals may be moved from the port of entry only to a feedlot des ignated in accordance with paragraph (e)(7) of this section and must be ac companied from the port of entry to the designated feedlot by APHIS Form VS 17–130 or other movement docu mentation deemed acceptable by the Administrator, which must identify the physical location of the feedlot, the individual responsible for the move ment of the animals, and the individual identification of each animal, which in cludes the official identification re quired under paragraph (c) of this sec tion and any other identification present on the animal, including reg istration number, if any: VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00523 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 514 9 CFR Ch. I (1–1–18 Edition) § 93.420 (3) The seals of the national govern ment of Canada must be broken only at the port of entry by the APHIS port veterinarian or at the designated feed lot by an authorized USDA representa tive. If the seals are broken by the APHIS port veterinarian at the port of entry, the means of conveyance must be resealed with seals of the U.S. Gov ernment before being moved to the des ignated feedlot; (4) The animals must remain at the designated feedlot until transported to a recognized slaughtering establish ment. The animals must be moved di rectly to the recognized slaughtering establishment in a means of convey ance sealed with seals of the U.S. Gov ernment by an accredited veterinarian, a State representative, or an APHIS representative. The seals must be bro ken at the recognized slaughtering es tablishment only by an authorized USDA representative; (5) The animals must be accompanied to the recognized slaughtering estab lishment by APHIS Form VS 1–27 or other documentation deemed accept able by the Administrator, which must identify the physical location of the recognized slaughtering establishment, the individual responsible for the movement of the animals, and the indi vidual identification of each animal, which includes the official identifica tion required under paragraph (c) of this section and any other identifica tion present on the animal, including registration number, if any; (6) The animals must be less than 12 months of age when slaughtered; (7) To be approved to receive sheep or goats imported for feeding, a feedlot must have signed a written agreement with the Administrator stating that the feedlot: (i) Will not remove official identifica tion from animals unless medically necessary, in which case new official identification will be applied and cross referenced in the records; (ii) Will monitor all incoming im ported feeder animals to ensure that they have the required ‘‘C’’ brand; (iii) Will maintain records of the ac quisition and disposition of all im ported sheep and goats entering the feed lot, including the official identi fication number and all other identi fying information, the age of each ani mal, the date each animal was acquired and the date each animal was shipped to slaughter, and the name and loca tion of the plant where each animal was slaughtered. For Canadian animals that die in the feedlot, the feedlot will remove the official identification de vice if affixed to the animal, or will record any other official identification on the animal and place the official identification device or record of offi cial identification in a file with a record of the disposition of the carcass; (iv) Will maintain copies of the APHIS Forms VS 17–130 and VS 1–27 or other movement documentation deemed acceptable by the Adminis trator that have been issued for incom ing animals and for animals moved to slaughter and that list the official identification of each animal; (v) Will allow State and Federal ani mal health officials access to inspect its premises and animals and to review inventory records and other required files upon request; (vi) Will keep required records for at least 5 years; (vii) Will designate either the entire feedlot or pens within the feedlot as terminal for sheep and goats to be moved only directly to slaughter at less than 12 months of age, and (viii) Agrees that if inventory cannot be reconciled or if animals are not moved to slaughter as required the ap proval of the feedlot will be imme diately withdrawn. (Approved by the Office of Management and Budget under control numbers 0579–0040, 0579–0234, and 0579–0277) [55 FR 31495, Aug. 2, 1990, as amended at 59 FR 28216, June 1, 1994; 61 FR 17239, Apr. 19, 1996. Redesignated and amended at 62 FR 56012, 56018, Oct. 28, 1997; 68 FR 6344, Feb. 7, 2003; 70 FR 547, Jan. 4, 2005; 70 FR 71217, Nov. 28, 2005; 71 FR 12997, Mar. 14, 2006; 72 FR 53376, Sept. 18, 2007; 73 FR 3383, Jan. 18, 2008] § 93.420 Ruminants from Canada for immediate slaughter other than sheep and goats. (a) General requirements. The require ments for the importation of sheep and goats from Canada for immediate slaughter are contained in § 93.419. There are no BSE-related restrictions on the importation of cervids or VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00524 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 515 Animal and Plant Health Inspection Service, USDA § 93.421 camelids from Canada. All other ruminants imported from Canada for immediate slaughter, in addition to meeting all other applicable require ments of this part, may be imported only under the following conditions: (1) The ruminants must be imported only through a port of entry listed in § 93.403(b) or as provided for in § 93.403(f) and be inspected at the port of entry and otherwise handled in accordance with § 93.408. (2) The ruminants must be moved di rectly from the port of entry to a rec ognized slaughtering establishment in conveyances that are sealed with seals of the U.S. Government at the port of entry. The seals may be broken only at the recognized slaughtering establish ment by an authorized USDA rep resentative. (3) The ruminants must be accom panied from the port of entry to the recognized slaughtering establishment by APHIS Form VS 17–33, which must include the location of the recognized slaughtering establishment. (b) Bovines. In addition to meeting the requirements of paragraph (a) of this section, bovines may be imported from Canada for immediate slaughter only under the following conditions: (1) The bovines must have been born after March 1, 1999, the date deter mined by APHIS to be the date of effec tive enforcement of a ruminant-to-ru minant feed ban in Canada; (2) Before the animal’s arrival at the port of entry into the United States, each bovine imported into the United States from Canada must be officially identified with unique individual iden tification that is traceable to the premises of origin of the animal. No person may alter, deface, remove, or otherwise tamper with the official identification while the animal is in the United States or moving into or through the United States, except that the identification may be removed at slaughter; and (3) The bovines must be accompanied by a certificate issued in accordance with § 93.405 that states, in addition to the statements required by § 93.405, that the conditions of paragraphs (b)(1) and (b)(2) of this section have been met. (Approved by the Office of Management and Budget under control numbers 0579–0234 and 0579–0393) [78 FR 72996, Dec. 4, 2013] § 93.421 Special provisions. (a) In-bond shipments from Canada. (1) Cattle, sheep, and goats from Canada transported in-bond through the United States for immediate export shall be inspected at the border port of entry and, when accompanied by an import permit obtained under § 93.404 of this part and all conditions therein are observed, shall be allowed entry into the United States and shall be other wise handled as provided in paragraph (b) of § 93.401. Ruminants not accom panied by a permit shall meet the re quirements of this part in the same manner as ruminants destined for im portation into the United States, ex cept that the Administrator may per mit their inspection at some other point when he or she finds that such action will not increase the risk that communicable diseases of livestock and poultry will be disseminated to the livestock or poultry of the United States. (2) In-transit shipments through Can ada. Ruminants originating in the United States and transported directly through Canada may re-enter the United States without Canadian health or test certificates when accompanied by copies of the United States export health certificates properly issued and endorsed in accordance with regula tions in part 91 of this chapter: Pro vided, That, to qualify for entry, the date, time, port of entry, and signature of the Canadian Port Veterinarian that inspected the ruminants for entry into Canada shall be recorded on the United States health certificate, or a docu ment containing information shall be included with the certificate that ac companies the ruminants. In all cases it shall be determined by the veteri nary inspector at the United States port of entry that the ruminants are the identical ruminants covered by said certificate. (b) Exhibition ruminants. Ruminants from the United States which have VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00525 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 516 9 CFR Ch. I (1–1–18 Edition) § 93.422 9 Importations from regions of Central America and the West Indies shall be subject to §§ 93.422 and 93.423, in addition to other sections in this part, which are in terms ap plicable to such importations. been exhibited at the Royal Agricul tural Winter Fair at Toronto or other publicly recognized expositions in Can ada, including racing, rodeo, circus, or stage exhibitions in Canada, and have not been in that region for more than 90 days are eligible for return to the United States without Canadian health or test certificates, if they are accom panied by copies of the United States health certificate, issued and endorsed in accordance with the export regula tions contained in part 91 of this chap ter for entry into Canada: Provided, That all ruminants offered for re-entry upon examination by the veterinary in spector at the U.S. port of entry, are found by the inspector to be free of communicable diseases and exposure thereto and are determined to be the identical ruminants covered by said certificates or are the natural increase of such ruminants born after official test dates certified on the dam’s health certificate. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56018, Oct. 28, 1997; 81 FR 40151, June 21, 2016] CENTRAL AMERICA AND WEST INDIES 9 § 93.422 Import permit and declaration for ruminants. (a) For ruminants intended for im portation from regions of Central America or of the West Indies, the im porter shall first apply for and obtain from APHIS an import permit as pro vided in § 93.404: Provided, That the Ad ministrator, when he or she finds that such action may be taken without en dangering the livestock or poultry in dustry of the United States, may, upon request by any person, authorize the importation by such person, without such application or permit, from the British Virgin Islands into the Virgin Islands of the United States, of ruminants consigned for immediate slaughter, and such authorization may be limited to a particular shipment or extend to all shipments under this paragraph by such person during a specified period of time. The importa tion of cattle from any area infested with cattle fever ticks is prohibited ex cept as provided in paragraph (c) of § 93.423. (b) For all ruminants offered for im portation from countries of Central America or of the West Indies, the im porter or his or her agent shall present two copies of a declaration as provided in § 93.407. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56019, Oct. 28, 1997] § 93.423 Ruminants from Central America and the West Indies. (a) Ruminants intended for importa tion from Central America and the West Indies, except as provided in para graph (c) of this section, must be ac companied by a certificate issued in ac cordance with § 93.405(a) stating that the animals have been in that region at least 60 days immediately preceding the date of shipment to the United States; that he or she has inspected the ruminants on the premises of origin and found them free from evidence of any communicable disease; and that, as far as it has been possible to deter mine, the ruminants have not been ex posed to any communicable disease during the preceding 60 days. If no such veterinary officer is available in the re gion of origin, ruminants, other than sheep and goats, may be accompanied by an affidavit of the owner or im porter stating that such ruminants have been in the region from which they were directly shipped to the United States for a period of at least 60 days immediately preceding the date of shipment therefrom, and that during such period no communicable disease has existed among them or among ani mals of their kind with which they have come in contact. Ruminants for which such affidavit is presented, un less imported for immediate slaughter, shall be quarantined at the port of entry at least seven days and during that time shall be subjected to such dipping, blood tests or other tests, as may be required by the Administrator to determine their freedom from com municable diseases. If imported for im mediate slaughter, such animals shall be handled as provided in § 93.420. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00526 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 517 Animal and Plant Health Inspection Service, USDA § 93.424 10 Importations from Mexico shall be sub ject to §§ 93.424 to 93.429, inclusive, in addi tion to other sections in this part which are in terms applicable for such importations. (b) The certificate accompanying sheep and goats intended for importa tion from Central America and the West Indies must, in addition to the statements required by paragraph (a) of this section, meet all of the require ments of § 93.405. (c) Cattle, which have been infested with or exposed to fever ticks, may be imported from the British Virgin Is lands into the United States Virgin Is lands, for immediate slaughter, only, if they are free from fever ticks at the time of such importation; if they are entered through one of the ports des ignated in § 93.403(d) and are consigned to a recognized slaughtering establish ment with facilities approved by the Administrator for holding the animals in isolation until slaughtered, which shall be within 14 days after the date of entry into the United States Virgin Is lands; and if they are accompanied by a certificate of a responsible official of the government of the British Virgin Islands certifying that the cattle origi nated in and are being shipped directly from the British Virgin Islands, that they are free of fever ticks, and that, as far as it has been possible to deter mine, such cattle are free from evi dence of communicable disease and have not been exposed to any such dis ease common to animals of their kind, other than bovine babesiosis, during the 60 days preceding their movement to the United States Virgin Islands. (d) If ruminants are unaccompanied by the certificate or affidavit as re quired by paragraphs (a), (b), or (c) of this section, or if they are found upon inspection at the port of entry to be af fected with a communicable disease or to have been exposed thereto, they shall be refused entry, except as pro vided in paragraph (c) of this section. Ruminants refused entry shall be han dled or quarantined, or otherwise dis posed of as the Administrator may di rect. (e) In addition to meeting all other applicable requirements of this part, bovines from Central America and the West Indies may be imported only in accordance with § 93.436. (Approved by the Office of Management and Budget under control number 0579–0040) [55 FR 31495, Aug. 2, 1990, as amended at 61 FR 17239, Apr. 19, 1996. Redesignated and amended at 62 FR 56012, 56019, Oct. 28, 1997; 68 FR 6344, Feb. 7, 2003; 78 FR 72997, Dec. 4, 2013; 80 FR 10324, Feb. 26, 2015] MEXICO 10 § 93.424 Import permits and applica tions for inspection of ruminants. (a) For ruminants intended for im portation from Mexico, the importer shall first apply for and obtain from APHIS an import permit as provided in § 93.404: Provided, That an import per mit is not required for a ruminant of fered for entry at a land border port designated in § 93.403(c), if such animal is: (1) A wether; or (2) A sheep or goat imported for im mediate slaughter. (b) For ruminants intended for im portation into the United States from Mexico, the importer or his or her agent shall deliver to the veterinary inspector at the port of entry an appli cation, in writing, for inspection, so that the veterinary inspector and cus toms representatives may make mutu ally satisfactory arrangements for the orderly inspection of the animals. For all cattle, except those entering pursu ant to the third proviso in § 93.427(d), and except for steers, an official record of negative brucellosis test conducted on the herd of origin as required in § 93.427(d) shall be presented to the vet erinary inspector at the port of entry when application is made for inspec tion. The veterinary inspector at the port of entry will provide the importer or his or her agent with a written statement assigning a date when the animals may be presented for import inspection. [55 FR 31495, Aug. 2, 1990, as amended at 60 FR 13898, 13900, Mar. 15, 1995. Redesignated and amended at 56012, 56019, Oct. 28, 1997; 68 FR 35534, June 16, 2003] VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00527 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 518 9 CFR Ch. I (1–1–18 Edition) § 93.425 § 93.425 Declaration for ruminants. For all ruminants offered for impor tation from Mexico, the importer or his or her agent shall present two copies of a declaration as provided in § 93.407. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56019, Oct. 28, 1997] § 93.426 Inspection at port of entry. (a) All ruminants offered for entry from Mexico, including such ruminants intended for movement through the United States in bond for immediate return to Mexico, shall be inspected at the port of entry, and all such ruminants found to be free from com municable disease and fever tick infes tation, and not to have been exposed thereto, shall be admitted into the United States subject to the other ap plicable provisions of this part. Ruminants found to be affected with or to have been exposed to a commu nicable disease, or infested with fever ticks, shall be refused entry except as provided in § 93.427(b)(2). Ruminants re fused entry shall be handled or quar antined or otherwise disposed of as the Administrator may direct. (b) Ruminants covered by paragraph (a) of this section shall be imported through ports, designated in § 93.403, which are equipped with facilities nec essary for proper chute inspection, dip ping, and testing, as provided in this part. [55 FR 31495, Aug. 2, 1990, as amended at 60 FR 13898, Mar. 15, 1995. Redesignated and amended at 62 FR 56012, 56019, Oct. 28, 1997; 68 FR 6344, Feb. 7, 2003] § 93.427 Cattle and other bovines from Mexico. (a) Cattle and other ruminants im ported from Mexico, except animals being transported in bond for imme diate return to Mexico or animals im ported for immediate slaughter, may be detained at the port of entry, and there subjected to such disinfection, blood tests, other tests, and dipping as required in this part to determine their freedom from any communicable dis ease or infection of such disease. The importer shall be responsible for the care, feed, and handling of the animals during the period of detention. (b)(1) Cattle from regions of Mexico that APHIS has determined to be free from fever ticks. APHIS has evaluated cer tain regions of Mexico in accordance with § 92.2 of this chapter, and deter mined that they are free from fever ticks; a list of all such regions is found on the Internet http:// www.aphis.usda.gov/wps/portal/aphis/ ourfocus/importexport. Copies of the list are also available by contacting APHIS at the following address: Regionaliza tion Evaluation Services, National Im port Export Services, Veterinary Serv ices, Animal and Plant Health Inspec tion Service, 4700 River Road Unit 38, Riverdale, MD 20737. Regions may be removed from the list based on a deter mination by APHIS that fever ticks exist in the region, on the discovery of tick-infested cattle from the region at a port of entry into the United States, or on information provided by a rep resentative of the government of that region that fever ticks exist in the re gion. Cattle from regions of Mexico that APHIS has determined to be free from fever ticks may be imported into the United States subject to the fol lowing conditions: (i) The cattle are accompanied by a certificate issued in accordance with § 93.405 that states that the cattle origi nate from a region of Mexico that APHIS has determined to be free from fever ticks. (ii) If the cattle will transit to the United States through an area of Mex ico that APHIS has not determined to be free from fever ticks, they are moved in a sealed means of convey ance, and that seal remains intact throughout such transit. (iii) The cattle are presented for entry into the United States at a land border port of entry listed in § 93.403(c). (iv) The cattle are segregated at the U.S. port of entry from cattle from re gions of Mexico that APHIS has not de termined to be free from fever ticks. (v) The importer, or his or her agent, executes and delivers to the inspector at the port of entry an application for inspection or supervised dipping. In this application, the importer, or his or her agent, waive all claims against the United States for any loss or damage to the cattle occasioned by or resulting from inspection or dipping or from the VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00528 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 519 Animal and Plant Health Inspection Service, USDA § 93.427 fact that the cattle are later found still to be tick infested, and for any loss or damage to any other cattle in the im porter’s possession or control that come in contact with the dipped cattle. (vi) The cattle are either inspected by an APHIS inspector at the port of entry for evidence of tick infestation or are treated with a tickicidal dip that is listed in § 72.13 of this chapter under the supervision of an inspector at the port of entry. (vii) If any cattle are determined to be infested with fever ticks, the lot of cattle is refused entry and may only be imported into the United States sub ject to the requirements in paragraph (b)(2) of this section. (2) Cattle from regions of Mexico that APHIS has not determined to be free from fever ticks. Cattle from regions of Mex ico that APHIS has not determined to be free from fever ticks may only be imported into the United States sub ject to the following conditions: (i) The cattle have been inspected by a veterinarian in Mexico and, in the de termination of the veterinarian, are free from fever ticks and all evidence of communicable diseases, and have not been exposed to communicable dis eases, other than bovine babesiosis, during the 60 days prior to movement to a port of entry into the United States. (ii) The cattle have been treated in Mexico with a tickicidal dip that is listed in § 72.13 of this chapter within 7 to 14 days before being offered for entry into the United States. (iii) The cattle are accompanied by a certificate issued in accordance with § 93.405 that states that this inspection and dipping have occurred. (iv) The cattle are presented for entry into the United States at the port of entry at Santa Teresa, NM, or a port of entry within Texas that is list ed in § 93.403(c). (v) The importer, or his or her agent, executes and delivers to the inspector at the port of entry an application for inspection and supervised dipping. In this application, the importer, or his or her agent, agrees to waive all claims against the United States for any loss or damage to the cattle occasioned by or resulting from this dipping or from the fact that the cattle are later found to still be infested with ticks, and for any loss or damage to any other cattle in the importer’s possession or control that come in contact with the dipped cattle. (vi) When offered for entry, the cattle receive an inspection by an inspector. If free from fever ticks, the cattle are treated once with a tickicidal dip that is listed in § 72.13 of this chapter 7 to 14 days after the dipping required in para graph (b)(2)(ii) of this section. If found to be infested with fever ticks, the cat tle are refused entry and may not be inspected again at a port of entry until they are again dipped and 7 to 14 days have elapsed. (vii) The cattle are not imported into an area of Texas that is quarantined in accordance with § 72.5 of this chapter for bovine babesiosis, or for tick infes tation. (c) Tuberculosis. (1) Each steer im ported into the United States from Mexico shall be identified with a dis tinct, permanent, and legible ‘‘M’’ mark applied with a freeze brand, hot iron, or other method prior to arrival at a port of entry, unless the steer is imported for slaughter in accordance with § 93.429. Each spayed heifer im ported into the United States from Mexico shall be identified with a dis tinct, permanent, and legible ‘‘Mx’’ mark applied with a freeze brand, hot iron, or other method prior to arrival at a port of entry, unless the spayed heifer is imported for slaughter in ac cordance with § 93.429. The ‘‘M’’ or ‘‘Mx’’ mark shall be not less than 2 inches nor more than 3 inches high, and shall be applied to each animal’s right hip, high on the tailhead (over the junction of the sacral and first coc cygeal vertebrae). (2) Cattle from a herd or herds in which one or more reactors to the tu berculin test have been disclosed shall not be eligible for importation until the herd to which the animals in the lot belong achieve accredited herd sta tus as defined in § 93.400, and provided that the animals offered for entry have met the other applicable requirements of this section. (3) All sexually intact cattle accom panied by the certificate required by § 93.405(a) will be detained at the port of entry under the supervision of the port VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00529 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 520 9 CFR Ch. I (1–1–18 Edition) § 93.427 veterinarian until tested for tuber culosis with negative results: Provided, That if any reactor is disclosed in any lot when so tested at the port of entry, the entire lot will be refused entry and the entire lot or any portion of it will not be eligible for importation until the herd to which the animals in the lot belong achieve accredited herd sta tus as defined in § 93.400, and provided that the animals offered for entry have met the other applicable requirements of this section. (4) The importation of Holstein steers, Holstein spayed heifers, Hol stein cross steers, and Holstein cross spayed heifers from Mexico is prohib ited. (d) Brucellosis. All cattle offered for importation into the United States from Mexico shall be individually iden tified with a numbered, blue metal eartag issued by the Mexican Ministry of Agriculture and Water Resources (SARH); and except in the case of steers, shall be eligible for entry into the United States only if, in addition to complying with other applicable provisions of this part, they: (1) Are accompanied by a certificate issued in accordance with § 93.405(a) stating: (i) That such cattle originated in a herd in which all cattle (except calves under 6 months of age and steers) were tested for brucellosis not less than 30 days nor more than 90 days prior to the date of certification and were found to be negative; (ii) The date and place such herd was tested; and (iii) That the cattle in the herd have been isolated from all other cattle from the time the herd was tested neg ative for brucellosis to the date of the offer of the cattle for entry into the United States; and (2) Except for calves under 6 months of age, are subjected to an additional test for brucellosis at the port of entry and found negative to such test: Pro vided, That if any reactor is disclosed in any lot when so tested at the port of entry, the entire lot shall be refused entry and the entire lot or any portion thereof may not be reoffered for entry until retested and recertified in accord ance with paragraphs (d)(1) and (2) of this section or any cattle found to be negative to such test and any calves under 6 months of age in such lot may enter if consigned and moved under U.S. Department of Agriculture seal and without diversion to recognized slaughtering establishment as defined in § 78.1 of this chapter for immediate slaughter, or if consigned and moved under U.S. Department of Agriculture seal and without diversion to a quar antined feedlot, as defined in § 78.1 of this chapter and thereafter handled in accordance with the provisions of § 78.12 of this chapter: Provided, further, That if any suspect but no reactor is disclosed in any lot when so tested at the port of entry, any cattle found to be negative to such test and any calves under 6 months of age in such lot may enter without further restriction under this paragraph (d): And provided further, That any cattle other than cattle which are classified as a reactor or sus pect to a test for brucellosis may enter the United States from Mexico without the certificate or any test otherwise re quired by this paragraph, if they are individually identified with a num bered, blue metal eartag issued by the Mexican Ministry of Agriculture and Water Resources (SARH) and are con signed and moved to a slaughtering es tablishment for immediate slaughter, or to a quarantined feedlot, in accord ance with the first proviso in this para graph and otherwise comply with the applicable provisions of this part. (e) BSE. In addition to meeting the requirements of paragraphs (a) through (d) of this section and all other applica ble requirements of this part, bovines may be imported from Mexico only under the following conditions: (1) The bovines were born after No vember 30, 2007, the date determined by APHIS to be the date of effective en forcement of a ruminant-to-ruminant feed ban in Mexico. (2) The bovines were officially identi fied prior to arriving at the port of entry in the United States with unique individual identification that is trace able to each bovine’s premises of ori gin. No person may alter, deface, re move, or otherwise tamper with the of ficial identification while the animal is in the United States or moving into or through the United States, except that VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00530 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 521 Animal and Plant Health Inspection Service, USDA § 93.428 the identification may be removed at slaughter. (3) The bovines, if sexually intact, are permanently and humanely identi fied using one of the following addi tional methods: (i) An ‘‘MX’’ mark properly applied with a freeze brand, hot iron, or other method, and easily visible on the live animal and on the carcass before skin ning. Such a mark must be not less than 2 inches nor more than 3 inches high, and must be applied to each ani mal’s right hip, high on the tail-head (over the junction of the sacral and first coccygeal vertebrae); or (ii) A tattoo with the letters ‘‘MX’’ applied to the inside of one ear of the animal; or (iii) Other means of permanent iden tification upon request if deemed ade quate by the Administrator to hu manely identify the animal in a dis tinct and legible way as having been imported from Mexico. (4) The bovines are accompanied by a certificate issued in accordance with § 93.405 that states, in addition to the statements required by § 93.405, that the conditions of paragraphs (e)(1) through (e)(3) of this section have been met. (Approved by the Office of Management and Budget under control numbers 0579–0040, 0579–0224, 0579–0393, and 0579–0425) [55 FR 31495, Aug. 2, 1990, as amended at 57 FR 2010, Jan. 17, 1992; 57 FR 28080, 28081, June 24, 1992; 58 FR 68509, Dec. 28, 1993; 59 FR 24886, May 13, 1994; 59 FR 65897, Dec. 22, 1994; 60 FR 13898, Mar. 15, 1995; 61 FR 17239, Apr. 19, 1996. Redesignated and amended at 62 FR 56012, 56019, Oct. 28, 1997; 62 FR 64266, Dec. 5, 1997; 66 FR 20190, Apr. 20, 2001; 69 FR 9750, Mar. 2, 2004; 74 FR 5, Jan. 2, 2009; 78 FR 72997, Dec. 4, 2013; 80 FR 10324, Feb. 26, 2015] EFFECTIVE DATE NOTE: At 74 FR 5, Jan. 2, 2009, as corrected at 74 FR 22091, May 12, 2009, § 93.427 was amended by revising paragraph (b)(2) introductory text, effective date de layed indefinitely. For the convenience of the user, the revised text is set forth as fol lows: § 93.427 Cattle from Mexico. * * * * * (b) * * * (2) Cattle that have been exposed to sple netic, southern, or tick fever, or that have been infested with or exposed to fever ticks, may be imported from Mexico for admission into the United States, except into areas of Texas quarantined because of said disease or tick infestation as specified in § 72.5 of this chapter, at one of the land border ports in Texas listed in § 93.403(c), the port of Santa Teresa, NM, or the port of San Luis, AZ, pro vided that the following conditions are strictly observed and complied with: * * * * * § 93.428 Sheep and goats and wild ruminants from Mexico. (a) Sheep and goats intended for im portation from Mexico shall be accom panied by a certificate issued in ac cordance with § 93.405 and stating, if such sheep and goats are shipped by rail or truck, that such animals were loaded into cleaned and disinfected cars or trucks for transportation direct to the port of entry. Notwithstanding such certificate, such sheep and goats shall be detained as provided in § 93.427(a) and shall be dipped at least once in a permitted scabies dip under supervision of an inspector. (b) The certificate accompanying goats offered for importation from Mexico shall, in addition to the state ments required by paragraph (a) of this section, state that such goats have been tested for tuberculosis and brucel losis with negative results within 30 days preceding their being offered for entry, and give the date and method of testing, the name of the consignor and of the consignee, and a description of the animals including breed, ages, markings, and tattoo and eartag num bers. Notwithstanding such certifi cation, such goats shall be detained or quarantined as provided in § 93.427 and retested for brucellosis. (c) If sheep or goats are unaccom panied by the certificate as required by paragraphs (a) and (b) of this section, or if they are found upon inspection or retesting, as provided for in this part, to be affected with a communicable disease or to have been exposed there to, they shall be refused entry and shall be handled or quarantined, or otherwise disposed of as the Adminis trator may direct. (d) Certificates will not be required for wild ruminants, other than sheep and goats, originating in and shipped direct from Mexico, but such animals VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00531 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 522 9 CFR Ch. I (1–1–18 Edition) § 93.429 are subject to inspection at the port of entry as provided in § 93.426. (Approved by the Office of Management and Budget under control number 0579–0040) [55 FR 31495, Aug. 2, 1990, as amended at 56 FR 367, Jan. 4, 1991; 57 FR 28081, June 24, 1992; 61 FR 17239, Apr. 19, 1996. Redesignated and amended at 62 FR 56012, 56019, Oct. 28, 1997; 68 FR 6344, Feb. 7, 2003] § 93.429 Ruminants for immediate slaughter. Ruminants, other than sheep and goats, may be imported from Mexico, subject to the applicable provisions of §§ 93.424, 93.425, 93.426, and 93.427(b)(2) for immediate slaughter if accom panied by a certificate issued in ac cordance with § 93.405(a) and stating that the veterinarian who issued the certificate has inspected the animals in the herd from which the ruminants will be imported and found them free of evi dence of communicable disease, and that, so far as it has been possible to determine, they have not been exposed to any such disease common to animals of their kind during the preceding 60 days, and if the ruminants are shipped by rail or truck, the certificate shall further specify that the ruminants were loaded into cleaned and dis infected cars or trucks for transpor tation directly to the port of entry. Such ruminants shall be moved from the port of entry in conveyances sealed with seals of the United States Govern ment. Sheep and goats from any part of Mexico may be imported only in com pliance with other applicable sections in this part. [55 FR 31495, Aug. 2, 1990, as amended at 57 FR 28081, June 24, 1992; 61 FR 17239, Apr. 19, 1996. Redesignated and amended at 62 FR 56012, 56019, Oct. 28, 1997] ADDITIONAL GENERAL PROVISIONS §§ 93.430–93.431 [Reserved] § 93.432 Cattle and other bovines from the Republic of Ireland. (a) All cattle to be imported from the Republic of Ireland shall be accom panied by a certificate issued or en dorsed by a salaried veterinarian of the Republic of Ireland showing that the cattle originated from a herd which is officially certified by the Republic of Ireland as a brucellosis qualified for ex port herd and that the cattle meet the requirements in § 93.432(c). (b) A brucellosis qualified for export herd is a herd in which all of the cattle have been maintained as a herd unit for at least two years prior to importa tion and all of the test eligible cattle in the herd (i.e., cattle over 6 months of age, except steers and spayed heifers) have been tested annually for brucel losis and found negative in accordance with Republic of Ireland requirements for at least two years prior to importa tion. The most recent negative herd test must have been conducted within 12 months of the date of importation. In addition: (1) Such herd unit may include cattle which were born and raised within such herd unit during the two year period, or cattle which were moved directly to the herd from another herd unit of like status; or (2) Such herd unit may include other cattle (except brucellosis reactors, sus pects and animals listed in § 93.432(c)(1)) if: (i) Such other cattle have been tested for brucellosis and found negative within 30 days prior to entry into the herd unit and all eligible cattle in the herd unit have been tested for brucel losis and found negative not less than 90 days following the date when the last of the other cattle had been added to the herd unit; or (ii) All eligible cattle in the herd unit have been tested negative for brucel losis no less than 180 days nor more than 12 months (365 days) following the date when the last of the other cattle had been added to the herd unit. (c) The certificate accompanying cat tle offered for importation from the Republic of Ireland shall show that the cattle are from a brucellosis qualified for export herd and that they meet the following requirements: (1) The cattle to be exported were not born to or nursed by brucellosis reac tors and they were not born in a herd at the time the herd was under quar antine due to brucella infection. (2) The cattle were placed in an isola tion facility approved by a full-time, salaried, Government of Ireland veteri nary official, on separate premises a VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00532 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 523 Animal and Plant Health Inspection Service, USDA § 93.435 minimum of 500 yards from other live stock not destined for export to the United States for at least 60 days prior to export. (3) The cattle were negative to the following tests conducted not less than 60 nor more than 120 days from the date of export and a second set of tests con ducted within 30 days of the date of ex port; (i) Plate or Tube agglutination test conducted in dilutions to detect reac tions at 30, 60, 120, and 240 Inter national Units per milliliter (IU/ml); (ii) Brucellosis card test (Rose Ben gal test); (iii) Complement Fixation (CF) test conducted in dilutions to detect prozone reactions, when present. (4) Cattle are eligible for entry only if classified as negative at 30 IU to the Plate or Tube agglutination test, nega tive to the brucellosis card test and negative to the CF test as performed and interpreted by standard methods at the Republic of Ireland Brucellosis Diagnostic Laboratory. Any animal ex hibiting a prozone serological reaction is ineligible for export to the United States. (5) Cattle showing a serological titer more than 60 IU to the Plate or Tube agglutination test, or a reaction to the Brucellosis card test (Rose Bengal) or CF test that would be interpreted to be an infected animal (reactor) under the Republic of Ireland brucellosis control program. Animals from that herd of or igin and all other cattle having the op portunity for contact with the reactor animal shall not be eligible for export to the United States. Brucellosis bac teriologically positive animals, if known, regardless of serologic reac tions, are not eligible for importation nor are any animals in contact with such animals. (6) The cattle were moved directly to the port of export from the isolation facility without contact with any other cattle which are not qualified for ex port to the United States. (d) The certificate accompanying the cattle offered for importation must also show the dates and places of test ing, names of the consignor and con signee, and descriptions of the cattle, including breed, ages, markings, and tattoo and eartag numbers. (e) In addition to meeting all other applicable requirements of this part, bovines from the Republic of Ireland may be imported only in accordance with § 93.436. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56019, Oct. 28, 1997; 78 FR 72997, Dec. 4, 2013] §§ 93.433–93.434 [Reserved] § 93.435 Sheep and goats. (a) Except as provided in paragraph (b) of this section, all sheep and goats imported into the United States must be placed in a flock or herd in the United States that participates in the Voluntary Scrapie Flock Certification Program (see 9 CFR part 54, subpart B) and: (1) The flock or herd qualifies as a ‘‘Certified’’ flock or herd; or (2) The flock or herd owner has agreed, in writing, to maintain the flock or herd in compliance with all re quirements of the Voluntary Scrapie Flock Certification Program until the flock or herd qualifies as a ‘‘Certified’’ flock or herd. (b) The following sheep and goats are not subject to paragraph (a) of this sec tion: (1) Goats intended for importation from Australia, Canada, or New Zea land; (2) Goats intended for importation from any region other than Australia, Canada, or New Zealand, provided that such goats have not had any contact with sheep during the 5 years imme diately prior to shipment, in accord ance with § 93.405(b)(2)(ii); (3) Sheep intended for importation from Australia, Canada, or New Zea land, provided that none of the female sheep in the flock from which the sheep will be imported has been impregnated, during the 5 years immediately pre ceding shipment of the sheep to the United States, with germ plasm from a region other than Australia, Canada, New Zealand, or the United States, in accordance with § 93.405(c)(3); (4) Wethers; (5) Sheep or goats imported for im mediate slaughter; and VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00533 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 524 9 CFR Ch. I (1–1–18 Edition) § 93.435 (6) Wild sheep or goats imported for exhibition purposes to an approved zoo logical park in accordance with § 93.404(c). (c) Sheep or goats may be imported under paragraph (a) of this section only if the importer provides the Voluntary Scrapie Flock Certification Program identification number of the receiving flock or herd as part of the application for an import permit. (d) Sheep and goats may be imported under paragraph (a)(1) of this section only if they come from a flock or herd in the region of origin that participates in a program determined by the Ad ministrator to be equivalent to the Voluntary Scrapie Flock Certification Program, and the flock or herd has been determined by the Administrator to be at a level equivalent to ‘‘Cer tified’’ in the Voluntary Scrapie Flock Certification Program. (e) Sheep and goats may be imported under paragraph (a)(2) of this section only if they are placed in a Certifiable Class C flock or herd participating in the Voluntary Scrapie Flock Certifi cation Program; except, that if the sheep and goats come from a flock or herd in the region of origin that par ticipates in a program determined by the Administrator to be equivalent to the Voluntary Scrapie Flock Certifi cation Program, then the sheep and goats may be placed in a herd or flock in the United States which would be classified at a level equivalent to or lower (i.e., at a greater risk) than the certification level, as determined by the Administrator, of the flock or herd from which the sheep or goats are to be imported. (f) Sheep and goats imported under paragraph (a)(2) of this section must be monitored for scrapie disease until the flock or herd qualifies as a ‘‘Certified’’ flock or herd. (g) Except for imported sheep and goats placed in Certifiable Class C flocks or herds, the certificate accom panying sheep or goats imported under paragraph (a) of this section must con tain the following statement: ‘‘The ani mals identified on this certificate have been monitored by a salaried veteri nary officer of [name of country of ori gin], for [number of months], in the same source flock or herd which had been de termined by the Administrator, APHIS, prior to the exportation of these animals to the United States, to be equivalent to [certification level] of the Voluntary Scrapie Flock Certifi cation Program authorized under 9 CFR part 54, subpart B.’’ (1) The Administrator will determine, based upon information supplied by the importer, whether the flock or herd from which the animals are to be im ported participates in a program in the country of origin that is equivalent to the Voluntary Scrapie Flock Certifi cation Program, and if so, at what level the source flock or herd should be classified. (2) In order for the Administrator to make a determination, the importer must supply the following information with the application for an import per mit no less than 1 month prior to the anticipated date of importation: (i) The name, title, and address of a knowledgeable official in the veteri nary services of the region of origin; (ii) The details of scrapie control pro grams in the region of origin, including information on disease surveillance and border control activities and the length of time such activities have been in effect; (iii) Any available information con cerning additions, within the 5 years immediately preceding shipment to the United States, to the flock or herd from which the sheep and goats will be imported; (iv) Any available data concerning disease incidence, within the 5 years immediately preceding shipment to the United States, in the flock or herd from which the sheep or goats are to be imported, including, but not limited to, the results of diagnostic tests, espe cially histopathology tests, conducted on any animals in the flock or herd; (v) Information concerning the health, within the 5 years immediately preceding shipment to the United States, of other ruminants, flocks, and herds with which the imported sheep and goats, and with which animals in the sheep or goats’ flock or herd might have had physical contact, and a de scription of the type and frequency of such physical contact; and VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00534 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 525 Animal and Plant Health Inspection Service, USDA § 93.436 (vi) Any other information requested by the Administrator in specific cases as needed to make a determination. (Approved by the Office of Management and Budget under control numbers 0579–0040 and 0579–0101) [61 FR 17240, Apr. 19, 1996. Redesignated and amended at 62 FR 56012, 56019, Oct. 28, 1997] § 93.436 Bovines from regions of neg ligible risk, controlled risk, and un determined risk for BSE. The importation of bovines is prohib ited, unless the conditions of this sec tion and any other applicable condi tions of this part are met. Once the bo vines are imported, if they do not meet the conditions of this section, they must be disposed of as the Adminis trator may direct. (a) Bovines from a region of negligible risk for BSE in which there has been no indigenous case of BSE. Bovines from a region of negligible risk for BSE, as de fined in § 92.1 of this subchapter, in which there has been no indigenous case of BSE, may be imported only if the bovines are accompanied by an original certificate issued by a full time salaried veterinary officer of the national government of the exporting region, or issued by a veterinarian des ignated or accredited by the national government of the exporting region and endorsed by a full-time salaried veterinary officer of the national gov ernment of the exporting region, rep resenting that the veterinarian issuing the certificate was authorized to do so, and the certificate attests that the ex porting region of the bovines is classi fied by APHIS as a negligible-risk re gion for BSE in which there has been no indigenous case of BSE. (b) Bovines from a region of negligible risk for BSE in which there has been an indigenous case of BSE and bovines from a region of controlled risk for BSE. Bo vines from a region of negligible risk for BSE, as defined in § 92.1 of this sub chapter, in which there has been an in digenous case of BSE, and bovines from a region of controlled risk for BSE, as defined in § 92.1 of this subchapter, may be imported only under the following conditions: (1) Prior to importation into the United States, each bovine is officially identified with unique individual iden tification that is traceable to the premises of origin of the animal. No person may alter, deface, remove, or otherwise tamper with the official identification while the animal is in the United States or moving into or through the United States, except that the identification may be removed at slaughter. (2) The bovines are permanently and humanely identified before arrival at the port of entry with a distinct and legible mark identifying the exporting country. Acceptable means of perma nent identification include the fol lowing: (i) A mark properly applied with a freeze brand, hot iron, or other method, and easily visible on the live animal and on the carcass before skinning. Such a mark must be not less than 2 inches nor more than 3 inches high, and must be applied to each animal’s right hip, high on the tail-head (over the junction of the sacral and first coc cygeal vertebrae); (ii) A tattoo with letters identifying the exporting country must be applied to the inside of one ear of the animal; or (iii) Other means of permanent iden tification upon request if deemed ade quate by the Administrator to hu manely identify the animal in a dis tinct and legible way as having been imported from a region of negligible risk for BSE in which there has been an indigenous case of BSE or from a re gion of controlled risk for BSE. (3) The bovines were born after the date from which the ban on the feeding of ruminants meat-and-bone meal or greaves derived from ruminants has been effectively enforced. (4) The bovines are accompanied by an original certificate issued by a full time salaried veterinary officer of the national government of the exporting region, or issued by a veterinarian des ignated or accredited by the national government of the exporting region and endorsed by a full-time salaried veterinary officer of the national gov ernment of the exporting region, rep resenting that the veterinarian issuing the certificate was authorized to do so, and the certificate attests to the BSE VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00535 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 526 9 CFR Ch. I (1–1–18 Edition) § 93.500 1 The name of recognized slaughtering es tablishments approved under this part may be obtained from the Area Veterinarian in Charge, Veterinary Services, for the State of destination of the shipment. risk classification of the exporting re gion and that the conditions of para graphs (b)(1) through (b)(3) of this sec tion have been met. (5) If there has been an indigenous case of BSE in the exporting region, the following restrictions apply: (i) Bovines that, during their first year of life, were reared with a bovine determined to be infected with BSE during its first year of life, and that an investigation showed consumed the same potentially contaminated feed as the infected animal during that period are not eligible for importation into the United States; and (ii) If the investigation was unable to determine whether the feed source that was used to feed the bovine known to be infected was also used to feed other bovines in the herd of the infected ani mal, all bovines born in the same herd as a BSE-infected bovine either within 12 months before or 12 months after the birth of the infected animal are not eli gible for importation into the United States. (c) Bovines from a region of undeter mined risk for BSE. Importation of bo vines from a region of undetermined risk for BSE, as defined in § 92.1 of this subchapter, is prohibited; Except that: The Administrator may allow such im ports on a case-by-case basis if the live bovines are imported for specific uses, including, but not limited to, show or exhibition, and under conditions deter mined by the Administrator to be ade quate to prevent the spread of BSE. (Approved by the Office of Management and Budget under control number 0579–0234) [78 FR 72997, Dec. 4, 2013] Subpart E—Swine § 93.500 Definitions. Wherever in this subpart the fol lowing terms are used, unless the con text otherwise requires, they shall be construed, respectively, to mean: Accredited veterinarian. A veteri narian approved by the Administrator in accordance with the provisions of part 161 of this title to perform func tions specified in parts 1, 2, 3, and 11 of subchapter A, and subchapters B, C, and D of this chapter, and to perform functions required by cooperative state-federal disease control and eradi cation programs. Administrator. The Administrator of the Animal and Plant Health Inspec tion Service or any other employee of the Animal and Plant Health Inspec tion Service, United States Depart ment of Agriculture, to whom author ity has been or may be delegated to act in the Administrator’s stead. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS or Service). Animals. Cattle, sheep, goats, other ruminants, swine, horses, asses, mules, zebras, dogs, and poultry. APHIS representative. A veterinarian or other individual employed by the Animal and Plant Health Inspection Service, United States Department of Agriculture, who is authorized to per form the services required by this part. Communicable disease. Any con tagious, infectious, or communicable disease of domestic livestock, poultry or other animals. Department. The United States De partment of Agriculture (USDA). Immediate slaughter. Consignment di rectly from the port of entry to a rec ognized slaughtering establishment 1 and slaughter thereat within two weeksfrom the date of entry. Inspector. An employee of the Animal and Plant Health Inspection Service authorized to perform duties required under this subpart. Official identification device or method. A means of officially identifying an animal or group of animals using de vices or methods approved by the Ad ministrator, including, but not limited to, official tags, tattoos, and registered brands when accompanied by a certifi cate of inspection from a recognized brand inspection authority. Port veterinarian. A veterinarian em ployed by the Animal and Plant Health Inspection Service to perform duties required under this part at a port of entry. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00536 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 527 Animal and Plant Health Inspection Service, USDA § 93.501 2 The name of recognized slaughtering es tablishments approved under this part may be obtained from the Area Veterinarian in Charge, Veterinary Services, for the State of destination of the shipment. 3 Importations of certain animals from var ious countries are absolutely prohibited under part 94 because of specified diseases. 4 Such permit may be obtained from the Animal and Plant Health Inspection Service, Veterinary Services, National Center for Im port-Export, 4700 River Road Unit 38, River dale, Maryland 20737–1231. Requests for ap proval of such facilities should also be made to the Administrator. Recognized slaughtering establishment. 2 An establishment where slaughtering operations are regularly carried on under federal or state inspection and which has been approved by the Animal and Plant Health Inspection Service to receive animals for slaughter under this part. Region. Any defined geographic land area identifiable by geological, polit ical, or surveyed boundaries. A region may consist of any of the following: (1) A national entity (country); (2) Part of a national entity (zone, county, department, municipality, par ish, Province, State, etc.); (3) Parts of several national entities combined into an area; or (4) A group of national entities (coun tries) combined into a single area. Ruminants. All animals which chew the cud, such as cattle, buffaloes, sheep, goats, deer, antelopes, camels, llamas and giraffes. Swine. The domestic hog and all vari eties of wild hogs. United States. All of the States of the United States, the District of Colum bia, Guam, Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and all other Territories and Possessions of the United States. Veterinary Services. The Veterinary Services unit of the Department. Zoological park. A professionally oper ated zoo, park, garden or other place, maintained under the constant surveil lance of a Doctor of Veterinary Medi cine, for the exhibition of live animals, pigeons or birds, for the purpose of pub lic recreation or education. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56020, Oct. 28, 1997; 69 FR 64651, Nov. 8, 2004; 71 FR 29070, May 19, 2006; 72 FR 67232, Nov. 28, 2007; 76 FR 70039, Nov. 10, 2011; 77 FR 1391, Jan. 10, 2012] § 93.501 General prohibitions; excep tions. (a) No swine or product subject to the provisions of this part shall be brought into the United States except in ac cordance with the regulations in this part and part 94 of this subchapter;3 nor shall any such swine or product be handled or moved after physical entry into the United States before final re lease from quarantine or any other form of governmental detention except in compliance with such regulations; Provided, That, the Administrator may upon request in specific cases permit swine or products to be brought into or through the United States under such conditions as he or she may prescribe, when he or she determines in the spe cific case that such action will not en danger the livestock or poultry of the United States. (b) Except for swine prohibited entry, the provisions in this part 93 relating to swine shall not apply to healthy swine in transit through the United States if they are not known to be in fected with or exposed, within 60 days preceding the date of export from the region of origin, to communicable dis eases of such swine, if an import per mit 4 has been obtained under § 93.504 of this Chapter and all conditions therein are observed; and if such swine are han dled as follows: (1)(i) They are maintained under con tinuous confinement in transit through the United States aboard an aircraft, ocean vessel, or other means of convey ance; or (ii) They are unloaded, in the course of such transit, into a swine holding fa cility which is provided by the carrier or its agent and has been approved 5 in advance by the Administrator in ac cordance with paragraph (d)(3) of this section as adequate to prevent the spread within the United States of any livestock or poultry disease, and they are maintained there under continuous confinement until loaded aboard a means of conveyance for transpor tation from the United States and are maintained under continuous confine ment aboard such means of conveyance VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00537 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 528 9 CFR Ch. I (1–1–18 Edition) § 93.502 5 See footnote 4 to subpart E. until it leaves the United States; the import permit will specify any addi tional conditions necessary to assure that the transit of the swine through the United States can be made without endangering the livestock or poultry of the United States, and that Depart ment inspectors may inspect the swine on board such means of conveyance or in such holding facility to ascertain whether the requirements of this para graph are met, and dispose of them in accordance with the Animal Health Protection Act (7 U.S.C. 8301 et seq.) if such conditions are not met; and (2) The carrier or its agent executes and furnishes to the collector of Cus toms at the first port of arrival a dec laration stating that the swine will be retained aboard such means of convey ance or in an approved holding facility during transshipment as required by this paragraph. (3) Provisions for the approval of fa cilities required in this paragraph are: (i) They must be sufficiently isolated to prevent direct or indirect contact with all other animals and birds while in the United States. (ii) They must be so constructed that they provide adequate protection against environmental conditions and can be adequately cleaned, washed and disinfected. (iii) They must provide for disposal of swine carcasses, manure, bedding, waste and any related shipping mate rials in a manner that will prevent dis semination of disease. (iv) They must have provisions for adequate sources of feed and water and for attendants for the care and feeding of swine in the facility. (v) They must comply with addi tional requirements as may be imposed by the Administrator if deemed appli cable for a particular shipment. (vi) They must also comply with all applicable local, State and Federal re quirements for environmental quality and with the provisions of the Animal Welfare Regulations in chapter I of this title, as applicable. (c) Removal and loss of official identi fication devices. Official identification devices are intended to provide perma nent identification of livestock and to ensure the ability to find the source of animal disease outbreaks. Removal of these devices is prohibited except at the time of slaughter. If an official identification device is lost and it is necessary to retag an animal with a new official number, every effort should be made to correlate the new of ficial number with the previous official number of the animal. [55 FR 31495, Aug. 2, 1990, as amended at 59 FR 67615, Dec. 30, 1994. Redesignated and amended at 62 FR 56012, 56020, Oct. 28, 1997; 68 FR 6344, Feb. 7, 2003; 69 FR 64651, Nov. 8, 2004] § 93.502 Inspection of certain aircraft and other means of conveyance and shipping containers thereon; un loading, cleaning, and disinfection requirements. (a) Inspection: All aircraft and other means of conveyance (including ship ping containers thereon) moving into the United States from any foreign re gion are subject to inspection without a warrant by properly identified and designated inspectors to determine whether they are carrying any animal, carcass, product or article regulated or subject to disposal under any law or regulation administered by the Sec retary of Agriculture for prevention of the introduction or dissemination of any communicable animal disease. (b) Unloading requirements: Whenever in the course of any such inspection at any port in the United States the in spector has reason to believe that the means of conveyance or container is contaminated with material of animal (including poultry) origin, such as, but not limited to, meat, organs, glands, extracts, secretions, fat, bones, blood, lymph, urine, or manure, so as to present a danger of the spread of any communicable animal disease, the in spector may require the unloading of the means of conveyance and the emptying of the container if he or she deems it necessary to enable him or her to determine whether the means of conveyance or container is in fact so contaminated. The principal operator of the means of conveyance and his or her agent in charge of the means of conveyance shall comply with any such requirement under the immediate su pervision of, and in the time and man ner prescribed by, the inspector. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00538 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 529 Animal and Plant Health Inspection Service, USDA § 93.504 (c) Cleaning and disinfection: When ever, upon inspection under this sec tion, an inspector determines that a means of conveyance or shipping con tainer is contaminated with material of animal origin so as to present a dan ger of the spread of any communicable animal disease, he or she shall notify the principal operator of the means of conveyance or his or her agent in charge, of such determination and the requirements under this section. The person so notified shall cause the cleaning and disinfection of such means of conveyance and container under the immediate supervision of, and in the time and manner prescribed by, the inspector. (d) For purposes of this section, the term ‘‘shipping container’’ means any container of a type specially adapted for use in transporting any article on the means of conveyance involved. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56020, Oct. 28, 1997; 68 FR 6344, Feb. 7, 2003] § 93.503 Ports designated for the im portation of swine. (a) Air and ocean ports. The following ports have APHIS inspection and quar antine facilities necessary for quar antine stations and all swine shall be entered into the United States through these stations, except as provided in paragraphs (b), (c), (d), (e), and (f) of this section: Los Angeles, California; Miami, Florida; and Newburgh, New York. (b) Canadian border ports. The fol lowing land border ports are designated as having the necessary inspection fa cilities for the entry of swine from Canada: Eastport, Idaho; Houlton and Jackman, Maine; Detroit, Port Huron, and Sault Ste. Marie, Michigan; Baudette, Minnesota; Opheim, Ray mond, and Sweetgrass, Montana; Alex andria Bay, Buffalo, and Champlain, New York; Dunseith, Pembina, and Portal, North Dakota; Derby Line and Highgate Springs, Vermont; Oroville and Sumas, Washington. (c) Mexican border ports. The fol lowing land border ports are designated as having the necessary inspection fa cilities for the entry of swine from Mexico: Brownsville, Hidalgo, Laredo, Eagle Pass, Del Rio, Presidio, and El Paso, Texas; Douglas, Naco, Nogales, Sasabe, and San Luis, Arizona; Calexico and San Ysidro, California; and Antelope Wells, and Columbus, New Mexico. (d) Special ports. Charlotte Amalie, St. Thomas, and Christiansted, St. Croix, in the United States Virgin Is lands, are hereby designated as quar antine stations for the entry of swine from the British Virgin Islands into the United States Virgin Islands for immediate slaughter. (e) Limited ports. The following ports are designated as having inspection fa cilities for the entry of swine and swine products such as swine test specimens which do not appear to require re straint and holding inspection facili ties: Anchorage and Fairbanks, Alaska; San Diego, California; Jacksonville, St. Petersburg-Clearwater, and Tampa, Florida; Atlanta, Georgia; Honolulu, Hawaii; Chicago, Illinois; New Orleans, Louisiana; Portland, Maine; Baltimore, Maryland; Boston, Massachusetts; Min neapolis, Minnesota; Great Falls, Mon tana; Portland, Oregon; San Juan, Puerto Rico; Memphis, Tennessee (no live animals); Galveston and Houston, Texas; and Seattle, Spokane, and Ta coma, Washington. (f) Designation of other ports. The Sec retary of the Treasury has approved the designation as quarantine stations of the ports specified in this section. In special cases other ports may be des ignated as quarantine stations under this section by the Administrator, with the concurrence of the Secretary of the Treasury. [55 FR 31495, Aug. 2, 1990, as amended at 58 FR 38283, July 16, 1993; 60 FR 16045, Mar. 29, 1995; 60 FR 25120, May 11, 1995. Redesignated at 62 FR 56012, Oct. 28, 1997, as amended at 64 FR 23179, Apr. 30, 1999; 65 FR 38178, June 20, 2000; 67 FR 68022, Nov. 8, 2002] § 93.504 Import permits for swine and for swine specimens for diagnostic purposes; and reservation fees for space at quarantine facilities main tained by APHIS. (a) Application for permit; reservation required. (1) For swine and swine test specimens for diagnostic screening pur poses, intended for importation from any part of the world, except as other wise provided for in §§ 93.516 and 93.520, the importer shall first apply for and VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00539 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 530 9 CFR Ch. I (1–1–18 Edition) § 93.504 obtain from APHIS an import permit. The application shall specify the name and address of the importer; the spe cies, breed, number or quantity of swine or swine test specimens to be im ported; the purpose of the importation; individual swine identification which includes a description of the swine, name, age, markings, if any, registra tion number, if any, and tattoo or eartag; the region of origin; the name and address of the exporter; the port of embarkation in the foreign region; the mode of transportation, route of travel, and the port of entry in the United States; the proposed date of arrival of the swine or swine test specimens to be imported; and the name of the person to whom the swine or swine test speci mens will be delivered and the location of the place in the United States to which delivery will be made from the port of entry. Additional information may be required in the form of certifi cates concerning specific diseases to which the swine are susceptible, as well as vaccinations or other precautionary treatments to which the swine or swine test specimens have been subjected. Notice of any such requirements will be given to the applicant in each case. (2) An application for permit to im port will be denied for domestic swine from any region designated in § 94.1 of this chapter as a region where rinder pest or foot-and-mouth disease exists. (3) An application for permit to im port swine may also be denied because of: Communicable disease conditions in the area or region of origin, or in a re gion where the shipment has been or will be held or through which the ship ment has been or will be transported; deficiencies in the regulatory programs for the control or eradication of animal diseases and the unavailability of vet erinary services in the above men tioned regions; the importer’s failure to provide satisfactory evidence con cerning the origin, history, and health status of the swine; the lack of satis factory information necessary to deter mine that the importation will not be likely to transmit any communicable disease to livestock or poultry of the United States; or any other cir cumstances which the Administrator believes require such denial to prevent the dissemination of any commu nicable disease of livestock or poultry into the United States. (4)(i) The importer or importer’s agent shall pay or ensure payment of a reservation fee for each lot of swine to be quarantined in a facility maintained by USDA. For swine the reservation fee shall be 100 percent of the cost of pro viding care, feed, and handling during quarantine, as estimated by the quar antine facility’s veterinarian in charge. (ii) At the time the importer or the importer’s agent requests a reservation of quarantine space, the importer or importer’s agent shall pay the reserva tion fee by check or U.S. money order or ensure payment of the reservation fee by an irrevocable letter of credit from a commercial bank (the effective date on such letter of credit shall run to 30 days after the date the swine are scheduled to be released from quar antine); except that anyone who issues a check to the Department for a res ervation fee which is returned because of insufficient funds shall be denied any further request for reservation of a quarantine space until the outstanding amount is paid. (iii) Any reservation fee paid by check or U.S. money order shall be ap plied against the expenses incurred for services received by the importer or importer’s agent in connection with the quarantine for which the reserva tion was made. Any part of the reserva tion fee which remains unused after being applied against the expenses in curred for services received by the im porter or the importer’s agent in con nection with the quarantine for which the reservation was made, shall be re turned to the individual who paid the reservation fee. If the reservation fee is ensured by a letter of credit, the De partment will draw against the letter of credit unless payment for services received by the importer or importer’s agent in connection with the quar antine is otherwise made at least 3 days prior to the expiration date of the letter of credit. (iv) Any reservation fee shall be for feited if the importer or the importer’s agent fails to present for entry, within 24 hours following the designated time of arrival the lot of swine for which the reservation was made: Except that a reservation fee shall not be forfeited if: VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00540 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 531 Animal and Plant Health Inspection Service, USDA § 93.504 6 The addresses of USDA quarantine facili ties may be found in telephone directories listing the facilities or by contacting the Animal and Plant Health Inspection Service, Veterinary Services, National Center for Im port-Export, 4700 River Road Unit 38, River dale, Maryland 20737–1231. (A) Written notice of cancellation from the importer or the importer’s agent is received by the office of the veterinarian in charge of the quar antine facility 6 during regular business hours (8:00 a.m. to 4:30 p.m. Monday through Friday, excluding holidays) no later than 15 days prior to the begin ning of the time of importation as specified in the import permit or as ar ranged with the veterinarian in charge of the quarantine facility if no import permit is required (the 15 day period shall not include Saturdays, Sundays, or holidays), or (B) The Administrator determines that services, other than provided by carriers, necessary for the importation of the swine within the requested pe riod are unavailable because of unfore seen circumstances as determined by the Administrator, (such as the closing of an airport due to inclement weather or the unavailability of the reserved space due to the extension of another quarantined.) (v) If the reservation fee was ensured by a letter of credit and the fee is to be forfeited under paragraph (a)(4)(iv) of this section, the Department will draw against the letter of credit unless the reservation fee is otherwise paid at least 3 days prior to the expiration date of the letter of credit. (vi) When a reservation is cancelled in accordance with paragraph (a)(4)(iv)(A) of this section and the pro visions of paragraph (a)(4)(iv)(B) of this section do not apply, a $40.00 cancella tion fee shall be charged. If a reserva tion fee was paid, the cancellation fee shall be deducted from any reservation fee returned to the importer or the im porter’s agent. If the reservation fee was ensured by a letter of credit, the Department will draw the amount of the cancellation fee against the letter of credit unless the cancellation fee is otherwise paid at least 3 days prior to the expiration date of the letter of credit. (b) Permit. When a permit is issued, the original and two copies will be sent to the importer. It shall be the respon sibility of the importer to forward the original permit and one copy to the shipper in the region of origin, and it shall also be the responsibility of the importer to insure that the shipper presents the copy of the permit to the carrier and makes proper arrangements for the original permit to accompany the shipment to the specified U.S. port of entry for presentation to the col lector of customs. Swine and swine test specimens for diagnostic screening pur poses for swine intended for importa tion into the United States for which a permit has been issued, will be received at the specified port of entry within the time prescribed in the permit which shall not exceed 14 days from the first day that the permit is effective for all permits. Swine and swine test specimens for which a permit is re quired by these regulations will not be eligible for entry if a permit has not been issued; if unaccompanied by such a permit; if shipment is from any port other than the one designated in the permit; if arrival in the United States is at any port other than the one des ignated in the permit; if the swine or swine test specimens offered for entry differ from those described in the per mit; if the swine or swine test speci mens are not handled as outlined in the application for the permit and as speci fied in the permit issued; or if ruminants or swine other than those covered by import permits are aboard the transporting carrier. (c) Wild swine from regions where foot and-mouth disease or rinderpest exists. This paragraph (c) applies to the im portation of wild swine from countries designated in part 94 of this subchapter as regions in which foot-and-mouth dis ease or rinderpest exist. (1) Permits for the importation of wild swine will be issued only for im portations through the Port of New York, and only if the animals are im ported for exhibition in a PEQ Zoo. A PEQ Zoo is a zoological park or other place maintained for the exhibition of live animals for recreational or edu cational purposes that: (i) Has been approved by the Admin istrator in accordance with paragraph VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00541 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 532 9 CFR Ch. I (1–1–18 Edition) § 93.504 (c)(2) of this section to receive and maintain imported wild swine; and (ii) Has entered into the agreement with APHIS set forth in paragraph (c)(4) of this section for the mainte nance and handling of imported wild swine. (2) Approval of a PEQ Zoo shall be on the basis of an inspection, by an au thorized representative of the Depart ment, of the physical facilities of the establishment and its methods of oper ation. Standards for acceptable phys ical facilities shall include satisfactory pens, cages, or enclosures in which the imported swine can be maintained so as not to be in contact with the general public and free from contact with do mestic livestock; natural or estab lished drainage from the PEQ Zoo which will avoid contamination of land areas where domestic livestock are kept or with which domestic livestock may otherwise come in contact; provi sion for the disposition of manure, other wastes, and dead swine within the PEQ Zoo; and other reasonable fa cilities considered necessary to prevent the dissemination of diseases from the PEQ Zoo. The operator of the PEQ Zoo shall have available the services of a full-time or part-time veterinarian, or a veterinarian on a retainer basis, who shall make periodic examinations of all animals maintained at the PEQ Zoo for evidence of disease; who shall make a post-mortem examination of each ani mal that dies; and who shall make a prompt report of suspected cases of contagious or communicable diseases to appropriate state or federal live stock sanitary officials. (3) Manure and other animal wastes must be disposed of within the PEQ Zoo park for a minimum of one year following the date an imported wild swine enters the zoo. If an APHIS vet erinarian determines that an imported swine shows no signs of any commu nicable disease during this 1-year pe riod, its manure and other wastes need not be disposed of within the zoo after the 1-year period. If, however, an APHIS veterinarian determines that the swine does show signs of any com municable disease during this 1-year period, an APHIS veterinarian will in vestigate the disease and determine whether the swine’s manure and other wastes may safely be disposed of out side the zoo after the 1-year period has ended. (4) Prior to the issuance of an import permit under this section, the operator of the approved PEQ Zoo to which the imported swine are to be consigned, and the importer of the swine, if such operator and importer are different parties, shall execute an agreement covering each swine or group of swine for which the import permit is re quested. The agreement shall be in the following form: AGREEMENT FOR THE IMPORTATION, QUARANTINE AND EXHIBITION OF CER TAIN WILD RUMINANTS AND WILD SWINE llll, operator(s) of the zoological park known as llllll (Name) located at lllllll (City and state), and llllll (Importer) hereby request a per mit for the importation of llll (Number and kinds of animals) for exhibition purposes at the said zoological park, said animals originating in a region where foot-and mouth disease or rinderpest exists and being subject to restrictions under regulations contained in part 93, title 9, Code of Federal Regulations. In making this request, it is understood and agreed that: 1. The animals for which an import permit is requested will be held in isolation at a port of embarkation in the region of origin, approved by the Administrator as a port hav ing facilities which are adequate for main taining wild animals in isolation from all other animals and having veterinary super vision by officials of the region of origin of the animals. Such animals will be held in such isolation for not less than 60 days under the supervision of the veterinary service of that region to determine whether the ani mals show any clinical evidence of foot-and mouth disease, rinderpest, or other commu nicable disease that is exotic to the United States or for which APHIS has an eradi cation or control program in 9 CFR chapter I, and to assure that the animals will not have been exposed to such a disease within the 60 days next before their exportation from that region. 2. Shipment will be made direct from such port of embarkation to the port of New York as the sole port of entry in this region. If shipment is made by ocean vessel, the ani mals will not be unloaded in any foreign port en route. If shipment is made by air, the ani mals will not be unloaded at any port or other place of landing, except at a port ap proved by the Administrator as a port not lo cated in a region where rinderpest or foot VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00542 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 533 Animal and Plant Health Inspection Service, USDA § 93.505 and-mouth disease exists or as a port in such a region having facilities and inspection ade quate for maintaining wild animals in isola tion from all other animals. 3. No ruminants or swine will be aboard the transporting vehicle, vessel or aircraft, ex cept those for which an import permit has been issued. 4. The animals will be quarantined for not less than 30 days in the Department’s Ani mal Import Center in Newburgh, New York. 5. Upon release from quarantine the ani mals will be delivered to the zoological park named in this agreement to become the prop erty of the park and they will not be sold, exchanged or removed from the premises without the prior consent of APHIS. If moved to another zoological park in the United States, the receiving zoological park must be approved by the Administrator in accordance with paragraph 6 of this agree ment. 6. The Administrator will approve the movement of an imported animal subject to this agreement if the Administrator deter mines that the animal has spent at least one year in quarantine in a PEQ Zoo following importation without showing clinical evi dence of foot-and-mouth disease, rinderpest, or other communicable disease that is exotic to the United States or for which APHIS has an eradication or control program in 9 CFR chapter I, and determines that the receiving zoological park is accredited by the Amer ican Zoo and Aquarium Association (AZA), or the receiving zoological park has facilities and procedures in place related to preventing the spread of communicable animal diseases (including but not limited to procedures for animal identification, record keeping, and veterinary care) that are equivalent to those required for AZA accreditation. The Admin istrator will approve the movement of a car cass, body part, or biological specimen de rived from an imported animal subject to this agreement if the Administrator deter mines that the animal has spent at least one year in quarantine in a PEQ Zoo following importation without showing clinical evi dence of foot-and-foot mouth disease, rinder pest, or other communicable disease that is exotic to the United States or for which APHIS has an eradication or control pro gram in 9 CFR chapter I, and determines that the carcass, body part, or biological specimen will be moved only for scientific research or museum display purposes. llllllllllllllllllllllll (Signature of importer) Subscribed and sworn to before me this ll day of ll, ll llllllllllllllllllllllll (Title or designation) llllllllllllllllllllllll (Name of zoological park) By lllllllllllllllllllll (Signature of officer of zoological park) llllllllllllllllllllllll (Title of officer) Subscribed and sworn to before me this ll day of ll,ll llllllllllllllllllllllll (Title or designation) (Approved by the Office of Management and Budget under control number 0579–0040) [55 FR 31495, Aug. 2, 1990, as amended at 59 FR 28216, June 1, 1994; 59 FR 31924, June 21, 1994; 59 FR 67615, Dec. 30, 1994; 62 FR 23638, May 1, 1997. Redesignated and amended at 62 FR 56012, 56020, Oct. 28, 1997; 68 FR 6344, Feb. 7, 2003] § 93.505 Certificate for swine. (a) All swine offered for importation from any part of the world except as provided in § 93.517 shall be accom panied by a certificate of a salaried veterinary officer of the national gov ernment of the region of origin, or if exported from Mexico, shall be accom panied either by such a certificate or by a certificate issued by a veteri narian accredited by the National Gov ernment of Mexico and endorsed by a full-time salaried veterinary officer of the National Government of Mexico, thereby representing that the veteri narian issuing the certificate was au thorized to do so, stating that such swine have been kept in said region at least 60 days immediately preceding the date of movement therefrom and that said region during such period has been entirely free from foot-and-mouth disease, rinderpest, contagious pleuropneumonia, and surra: Provided, however, That certificates for wild swine for exhibition purposes need specify freedom from the said diseases of the district of origin only: And pro vided further, That in the case of swine the certificate, as far as it relates to contagious pleuropneumonia, may specify freedom from such disease of the district of origin only. For domes tic swine, the certificate shall also show that the entire region of origin is free of African swine fever and swine vesicular disease and that, for 60 days immediately preceding the time of movement from the premises of origin, no swine erysipelas or swine plague has existed on such premises or on adjoin ing premises. Additionally, except for VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00543 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 534 9 CFR Ch. I (1–1–18 Edition) § 93.506 the APHIS-defined European CSF re gion, as defined in § 94.0 of this sub chapter, for which additional certifi cation is required under § 94.24(b)(6), for domestic swine the certificate shall show that the entire region of origin is free of classical swine fever. (b) Swine from any region where screwworm is considered to exist may only be imported into the United States if they meet the requirements of paragraphs (b)(1) through (b)(4) of this section and all other applicable re quirements of this part. APHIS will maintain a list of regions where screwworm is considered to exist on the APHIS Web site at http:// www.aphis.usda.gov/importlexport/ animals/ animalldiseaselstatus.shtml. Copies of the list will also be available via postal mail, fax, or email upon re quest to the Sanitary Trade Issues Team, National Center for Import and Export, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road Unit 38, Riverdale, Maryland 20737. APHIS will add a re gion to the list upon determining that screwworm exists in the region based on reports APHIS receives of detec tions of the pest from veterinary offi cials of the exporting country, from the World Organization for Animal Health (OIE), or from other sources the Administrator determines to be reli able. APHIS will remove a region from the list after conducting an evaluation of the region in accordance with § 92.2 of this subchapter and finding that screwworm is not present in the region. In the case of a region formerly not on this list that is added due to a detec tion, the region may be removed from the list in accordance with the proce dures for reestablishment of a region’s disease-free status in § 92.4 of this sub chapter. (1) A veterinarian must treat the swine with ivermectin 3 to 5 days prior to the date of export to the United States according to the recommended dose prescribed on the product’s label. (2) The swine must be fully examined for screwworm by a full-time salaried veterinary official of the exporting country within 24 hours prior to ship ment to the United States. If swine are found to be infested with screwworm, they must be treated until free from infestation. (3) At the time swine are loaded onto a means of conveyance for export, a veterinarian must treat any visible wounds on the animals with a solution of coumaphos dust at a concentration of 5 percent active ingredient. (4) The swine must be accompanied to the United States by a certificate signed by a full-time salaried veteri nary official of the exporting country. The certificate must state that the swine have been thoroughly examined and found free of screwworm and that the swine have been treated in accord ance with paragraphs (b)(1) and (b)(3) of this section. (c) If swine are unaccompanied by the certificate as required by paragraph (a) of this section, or if such swine are found upon inspection at the port of entry to be affected with a commu nicable disease or to have been exposed thereto, they shall be refused entry and shall be handled or quarantined, or otherwise disposed of as the Adminis trator may direct. (Approved by the Office of Management and Budget under control number 0579–0165) [55 FR 31495, Aug. 2, 1990, as amended at 57 FR 28081, June 24, 1992. Redesignated and amended at 62 FR 56012, 56020, Oct. 28, 1997; 65 FR 67623, Nov. 13, 2000; 67 FR 11565, Mar. 15, 2002; 68 FR 6344, Feb. 7, 2003; 68 FR 16938, Apr. 7, 2003; 71 FR 29070, May 19, 2006; 71 FR 31069, June 1, 2006; 72 FR 67232, Nov. 28, 2007; 73 FR 50878, Aug. 29, 2008; 76 FR 70039, Nov. 10, 2011; 77 FR 1391, Jan. 10, 2012] § 93.506 Declaration and other docu ments for swine. (a) The certificates, declarations, and affidavits required by the regulations in this part shall be presented by the importer or his or her agent to the col lector of customs at the port of entry, upon arrival of swine at such port, for the use of the veterinary inspector at the port of entry. (b) For all swine offered for importa tion, the importer or his or her agent shall first present two copies of a dec laration which shall list the port of entry, the name and address of the im porter, the name and address of the broker, the origin of the swine, the number, breed, species, and purpose of VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00544 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 535 Animal and Plant Health Inspection Service, USDA § 93.511 the importation, the name of the per son to whom the swine will be deliv ered, and the location of the place to which such delivery will be made. (c) Any declaration, permit, or other document for swine required under this subpart may be issued and presented using a U.S. Government electronic in formation exchange system or other authorized method. [55 FR 31495, Aug. 2, 1990, as amended at 81 FR 40151, June 21, 2016] § 93.507 Inspection at the port of entry. Inspection shall be made at the port of entry of all swine imported from any part of the world except as provided in § 93.519. All swine found to be free from communicable disease and not to have been exposed thereto within 60 days prior to their exportation to the United States shall be admitted subject to the other provisions in this part; all other swine shall be refused entry. Swine re fused entry, unless exported within a time fixed in each case by the Adminis trator, and in accordance with other provisions he or she may require in each case for their handling shall be disposed of as the Administrator may direct. Such portions of the trans porting vessel, and of its cargo, which have been exposed to any such swine or their emanations shall be disinfected in such manner as may be considered necessary by the inspector in charge at the port of entry, to prevent the intro duction or spread of livestock or poul try disease, before the cargo is allowed to land. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56020, Oct. 28, 1997; 68 FR 6344, Feb. 7, 2003] § 93.508 Articles accompanying swine. No litter or manure, fodder or other aliment, nor any equipment such as boxes, buckets, ropes, chains, blankets, or other things used for or about swine governed by the regulations in this part, shall be landed from any convey ance except under such restrictions as the inspector in charge at the port of entry shall direct. § 93.509 Movement from conveyances to quarantine station. Platforms and chutes used for han dling imported swine shall be cleaned and disinfected under APHIS super vision after being so used. The said swine shall not be unnecessarily moved over any highways nor allowed to come in contact with other swine, but shall be transferred from the conveyance to the quarantine grounds in boats, cars, or vehicles approved by the inspector in charge at the port of entry. Such cars, boats, or vehicles shall be cleaned and disinfected under APHIS super vision immediately after such use, by the carrier moving the same. The rail way cars so used shall be either cars re served for this exclusive use or box cars not otherwise employed in the trans portation of swine or their fresh prod ucts. When movement of the aforesaid swine upon or across a public highway is unavoidable, it shall be under such careful supervision and restrictions as the inspector in charge at the port of entry and the local authorities may di rect. § 93.510 Quarantine requirements. Swine shall be quarantined for not less than 15 days, counting from the date of arrival at the port of entry. During their quarantine, wild swine shall be subject to such inspections, disinfection, blood tests, or other tests as may be required by the Adminis trator, to determine their freedom from disease and the infection of dis ease. § 93.511 Swine quarantine facilities. (a) Privately operated quarantine facili ties. The importer, or his or her agent, of swine subject to quarantine under the regulations in this part shall ar range for acceptable transportation to the privately operated quarantine fa cility and for the care, feed, and han dling of the swine from the time of un loading at the quarantine port to the time of release from quarantine. Such arrangements shall be agreed to in ad vance by the Administrator. All ex penses resulting therefrom or incident thereto shall be the responsibility of the importer; APHIS assumes no re sponsibility with respect thereto. The quarantine facility must be suitable for VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00545 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 536 9 CFR Ch. I (1–1–18 Edition) § 93.511 the quarantine of such swine and must be approved by the Administrator prior to the issuance of any import permit. The facilities occupied by swine should be kept clean and sanitary to the satis faction of the inspector assigned to su pervise the quarantine. If for any cause the care, feed, or handling of swine, or the sanitation of the facilities, is ne glected, in the opinion of the inspector assigned to supervise the quarantine, such services may be furnished by APHIS in the same manner as though arrangements had been made for such services as provided by paragraph (b) of this section, and/or the swine may be disposed of as the Administrator, may direct, including sale in accordance with the procedure described in para graph (b) of this section. The importer, or his or her agent, shall request in writing such inspection and other serv ices as may be required, and shall waive all claim against the United States and APHIS or any employee of APHIS for damages which may arise from such services. The Administrator, may prescribe reasonable rates for the services provided under this paragraph. When it is found necessary to extend the usual minimum quarantine period, the importer, or his or her agent, shall be so advised in writing and shall pay for such additional quarantine and other services required. Payment for all services received by the importer, or his or her agent, in connection with each separate lot of swine shall be made by certified check or U.S. money order prior to release of the swine. If such payment is not made, the swine may be sold in accordance with the procedure described in paragraph (b) of this section, or otherwise disposed of as directed by the Administrator. (b) Quarantine facilities maintained by APHIS. The importer, or his or her agent, of swine subject to quarantine under the regulations in this part shall arrange for acceptable transportation to the quarantine facility, and for the care, feed, and handling of the swine from the time they arrive at the quar antine facility, and for the care, feed, and handling of the swine from the time they arrive at the quarantine port to the time of release from quarantine. Such arrangements shall be agreed to in advance by the Administrator. The importer or his or her agent shall re quest in writing such inspection and other services as may be required, and shall waive all claim against the United States and APHIS or any em ployee of APHIS, for damages which may arise from such services. All ex penses resulting therefrom or incident thereto shall be the responsibility of the importer; APHIS assumes no re sponsibility with respect thereto. The Administrator may prescribe reason able rates for the services provided under this paragraph. When it is found necessary to extend the usual min imum quarantine period, the importer, or his or her agent, shall be so advised in writing and shall pay for such addi tional quarantine and other services required. Payment for services received by the importer, or his or her agent, in connection with each separate lot of swine shall be made by certified check or U.S. money order prior to release of the swine. If such payment is not made, the swine may be sold in accord ance with the procedure described in this paragraph or otherwise disposed of as directed by the Administrator. When payment is not made and the swine are to be sold to recover payment for serv ices received, the importer, or his or her agent, will be notified by the in spector that if said charges are not im mediately paid or satisfactory arrange ments made for payment, the swine will be sold at public sale to pay the expense of care, feed, and handling dur ing that period. The sale will be held after the expiration of the quarantine period, at such time and place as may be designated by the General Services Administration or other designated selling agent. The proceeds of the sale, after deducting the charges for care, feed, and handling of the swine and other expenses, including the expense of the sale, shall be held in a Special Deposit Account in the United States Treasury for 6 months from the date of sale. If not claimed by the importer, or his or her agent, within 6 months from the date of sale, the amount so held shall be transferred from the Special Deposit Account to the General Fund Account in the United States Treasury. (c) Amounts collected from the im porter, or his or her agent, for service rendered shall be deposited so as to be VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00546 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 537 Animal and Plant Health Inspection Service, USDA § 93.517 7 Importations from Canada shall be sub ject to §§ 93.516 to 93.519, inclusive, in addi tion to other sections in this part which are in terms applicable to such importations. available for defraying the expenses in volved in this service. § 93.512 Quarantine stations, visiting restricted; sales prohibited. Visitors shall not be admitted to the quarantine enclosure during any time that swine are in quarantine except that an importer (or his or her accred ited agent or veterinarian) may be ad mitted to the yards and buildings con taining his or her quarantined swine at such intervals as may be deemed nec essary, and under such conditions and restrictions as may be imposed, by the inspector in charge of the quarantine station. On the last day of the quar antine period, owners, officers or reg istry societies, and others having offi cial business or whose services may be necessary in the removal of the swine may be admitted upon written permis sion from the said inspector. No exhi bition or sale shall be allowed within the quarantine grounds. § 93.513 Milk from quarantined swine. Milk or cream from swine quar antined under the provisions of this part shall not be used by any person other than those in charge of such swine, nor be fed to any animals other than those within the same enclosure, without permission of the inspector in charge of the quarantine station and subject to such restrictions as he or she may consider necessary to each in stance. No milk or cream shall be re moved from the quarantine premises except in compliance with all State and local regulations. § 93.514 Manure from quarantined swine. No manure shall be removed from the quarantine premises until the release of the swine producing same. § 93.515 Appearance of disease among swine in quarantine. If any contagious disease appears among swine during the quarantine pe riod special precautions shall be taken to prevent spread of the infection to other animals in the quarantine sta tion or to those outside the grounds. The affected swine shall be disposed of as the Administrator may direct, de pending upon the nature of the disease. CANADA 7 § 93.516 Import permit and declaration for swine. (a) For swine intended for importa tion from Canada, the importer shall first apply for and obtain from APHIS an import permit as provided in § 93.504: Provided, That an import permit is not required for swine offered for entry at a land border port designated in § 93.503(b) if such swine: (1) Was born in Canada or the United States, and has been in no region other than Canada or the United States, or (2) Has been legally imported into Canada from some other region and un conditionally released in Canada so as to be eligible to move freely within that region without restriction of any kind and has been in Canada after such release for 60 days or longer. (b) For all swine offered for importa tion from Canada, the importer or his or her agent shall present two copies of a declaration as provided in § 93.506. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56020, Oct. 28, 1997] § 93.517 Swine from Canada. (a) For purposes other than immediate slaughter. Swine offered for importa tion from Canada for purposes other than immediate slaughter shall be ac companied by a certificate issued or endorsed by a salaried veterinarian of the Canadian Government showing that said swine have been inspected on the premises of origin immediately be fore the date of movement therefrom and found to be free of evidence of com municable disease and that, as far as it has been possible to determine, they were not exposed to any such disease during the preceding 60 days; in addi tion, the certificate shall show that no classical swine fever or swine plague has existed on the premises of origin or on adjoining premises for such 60 days. (b) For immediate slaughter. Swine for immediate slaughter may be imported from Canada without certification as VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00547 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 538 9 CFR Ch. I (1–1–18 Edition) § 93.518 8 Importations from regions of Central America and the West Indies shall be subject to § 93.520, in addition to other sections in this part, which are in terms applicable to such importations. prescribed in paragraph (a) of this sec tion but shall be subject to the provi sions of §§ 93.507, 93.516, and 93.518. [55 FR 34195, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56020, Oct. 28, 1997; 68 FR 16938, Apr. 7, 2003] § 93.518 Swine from Canada for imme diate slaughter. Swine imported from Canada for im mediate slaughter shall be consigned from the port of entry directly to a rec ognized slaughtering establishment and there be slaughtered within two weeks from the date of entry. As used in this section, ‘‘directly’’ means with out unloading en route if moved in a means of conveyance, or without stop ping if moved in any other manner. [55 FR 31495, Aug. 2, 1990, as amended at 59 FR 28216, June 1, 1994. Redesignated at 62 FR 56012, Oct. 28, 1997] § 93.519 Special provisions. (a) In-bond shipments from Canada. (1) Swine from Canada transported in bond through the United States for im mediate export shall be inspected at the border port of entry and, when ac companied by an import permit ob tained under § 93.504 of this part and all conditions therein are observed, shall be allowed entry into the United States and shall be otherwise handled as pro vided in paragraph (b) of § 93.501. Swine not accompanied by a permit shall meet the requirements of this part in the same manner as swine destined for importation into the United States, ex cept that the Administrator may per mit their inspection at some other point when he or she finds that such action will not increase the risk that communicable diseases of livestock and poultry will be disseminated to the livestock or poultry of the United States. (2) In-transit shipments through Can ada. Swine originating in the United States and transported directly through Canada may re-enter the United States without Canadian health or test certificates when accompanied by copies of the United States export health certificates properly issued and endorsed in accordance with regula tions in part 91 of this chapter: Pro vided, That, to qualify for entry, the date, time, port of entry, and signature of the Canadian Port Veterinarian that inspected the swine for entry into Can ada shall be recorded on the United States health certificate, or a docu ment containing the information shall be included with the certificate that accompanies the swine. In all cases it shall be determined by the veterinary inspector at the United States port of entry that the swine are the identical swine covered by said certificate. (b) Exhibition swine. Swine from the United States which have been exhib ited at the Royal Agricultural Winter Fair at Toronto or other publicly rec ognized expositions in Canada, includ ing racing, rodeo, circus, or stage exhi bitions in Canada, and have not been in that region for more than 90 days are eligible for return to the United States without Canadian health or test cer tificates, if they are accompanied by copies of the United States health cer tificate, issued and endorsed in accord ance with the export regulations con tained in Part 91 of this chapter for entry into Canada: Provided, That all swine offered for re-entry upon exam ination by the veterinary inspector at the U.S. port of entry, are found by the inspector to be free of communicable diseases and exposure thereto and are determined to be the identical swine covered by said certificates or are the natural increase of such swine born after official test dates certified on the dam’s health certificate. (Approved by the Office of Management and Budget under control number 0579–0020) [55 FR 31495, Aug. 2, 1990, as amended at 59 FR 67133, Dec. 29, 1994. Redesignated and amended at 62 FR 56012, 56020, Oct. 28, 1997; 81 FR 40151, June 21, 2016] CENTRAL AMERICA AND WEST INDIES 8 § 93.520 Import permit and declaration for swine. For all swine offered for importation from countries of Central America or of the West Indies, the importer or his VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00548 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 539 Animal and Plant Health Inspection Service, USDA § 93.700 9 Importations from Mexico shall be sub ject to § 93.521, in addition to other sections in this subpart, which are in terms applica ble to such importations. or her agent shall present two copies of a declaration as provided in § 93.506. [55 FR 34195, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56020, Oct. 28, 1997] MEXICO 9 § 93.521 Declaration for swine. For all swine offered for importation from Mexico, the importer or his or her agent shall present two copies of a dec laration as provided in § 93.506. [55 FR 34195, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56020, Oct. 28, 1997] Subpart F—Dogs § 93.600 Importation of dogs. (a) All dogs. Dogs from any region of the world where screwworm is consid ered to exist may only be imported into the United States if they meet the requirements of paragraphs (a)(1) and (2) of this section and all other applica ble requirements of this part. APHIS will maintain a list of regions where screwworm is considered to exist on the APHIS Web site at http:// www.aphis.usda.gov/importlexport/ animals/ animalldiseaselstatus.shtml. Copies of the list will also be available via postal mail, fax, or email upon re quest to the Sanitary Trade Issues Team, National Center for Import and Export, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road Unit 38, Riverdale, Maryland 20737. APHIS will add a re gion to the list upon determining that screwworm exists in the region based on reports APHIS receives of detec tions of the pest from veterinary offi cials of the exporting country, from the World Organization for Animal Health (OIE), or from other sources the Administrator determines to be reli able. APHIS will remove a region from the list after conducting an evaluation of the region in accordance with § 92.2 of this subchapter and finding that screwworm is not present in the region. In the case of a region formerly not on this list that is added due to a detec tion, the region may be removed from the list in accordance with the proce dures for reestablishment of a region’s disease-free status in § 92.4 of this sub chapter. (1) Dogs must be accompanied by a certificate signed by a full-time sala ried veterinary official of the region of origin stating that the dog has been in spected for screwworm within 5 days preceding its shipment to the United States. (2) The certificate must state that the dog is either free from screwworm or was found to be infested with screwworm and was held in quarantine and treated until free from screwworm prior to leaving the region of origin. (b) Dogs for handling livestock. Collie, Shepherd, and other dogs that are im ported from any part of the world ex cept Canada, Mexico, and regions of Central America and the West Indies and that are to be used in the handling of sheep or other livestock must be in spected and quarantined at the port of entry for a sufficient time to determine their freedom from tapeworm (Taenia spp.). If found to be infested with tape worm, dogs must be treated under the supervision of an inspector at the port of entry until they are free from infes tation. (Approved by the Office of Management and Budget under control number 0579–0165) [65 FR 67623, Nov. 13, 2000, as amended at 67 FR 11565, Mar. 15, 2002; 73 FR 50878, Aug. 29, 2008; 77 FR 1391, Jan. 10, 2012] Subpart G—Miscellaneous Animals SOURCE: 60 FR 55181, unless otherwise noted. Redesignated at 62 FR 56012, Oct. 28, 1997. § 93.700 Definitions. Wherever in this subpart the fol lowing terms are used, unless the con text otherwise requires, they shall be construed, respectively, to mean: Administrator. The Administrator of the Animal and Plant Health Inspec tion Service or any other employee of the Animal and Plant Health Inspec tion Service, United States Depart ment of Agriculture, delegated to act in the Administrator’s stead. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00549 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 540 9 CFR Ch. I (1–1–18 Edition) § 93.701 Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS). Brushtail possum. Vulpine phalangers (Trichosurus vulpecula) of the family Phalangeridae. Delivery. The transfer of goods or in terest in goods from one person to an other. Enter (entry). To introduce into the commerce of the United States after release from government detention. Hedgehog. All members of the family Erinaceidae. Import (imported, importation). To bring into the territorial limits of the United States. Inspector. An employee of the Animal and Plant Health Inspection Service authorized to perform duties required under this subpart. Person. Any individual, corporation, company, association, firm, partner ship, society, or joint stock company. Region. Any defined geographic land area identifiable by geological, polit ical, or surveyed boundaries. A region may consist of any of the following: (1) A national entity (country); (2) Part of a national entity (zone, county, department, municipality, par ish, Province, State, etc.) (3) Parts of several national entities combined into an area; or (4) A group of national entities (coun tries) combined into a single area. Tenrec. All members of the family Tenrecidae. United States. All of the States of the United States, the District of Colum bia, Guam, the Northern Mariana Is lands, Puerto Rico, the Virgin Islands of the United States, and all other ter ritories and possessions of the United States. [55 FR 34195, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56020, Oct. 28, 1997] § 93.701 Prohibitions. (a) No person may import a hedgehog or tenrec into the United States from any region designated in § 94.1 of this chapter as a region where foot-and mouth disease exists. (b) No person may import a brushtail possum or hedgehog into the United States from New Zealand. (c) No person may import leopard tortoise (Geochelone pardalis), African spurred tortoise (Geochelone sulcata), or Bell’s hingeback tortoise (Kinixys belliana) into the United States. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 56012, 56021, Oct. 28, 1997; 65 FR 15218, Mar. 22, 2000] § 93.702 Restrictions. Hedgehogs and tenrecs not specifi cally prohibited from being imported under § 93.701 may be imported into the United States only in accordance with the regulations in this subpart. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56021, Oct. 28, 1997] § 93.703 Ports designated for importa tion. (a) Any person importing a hedgehog or tenrec into the United States may import it, except as provided in para graph (b) of this section, only through the following ports: (1) Air and ocean ports. Anchorage and Fairbanks, AK; San Diego and Los An geles, CA; Denver, CO; Jacksonville, Miami, St. Petersburg-Clearwater, and Tampa, FL; Atlanta, GA; Chicago, IL; New Orleans, LA; Portland, ME; Balti more, MD; Boston, MA; Minneapolis, MN; Great Falls, MT; Newburgh, NY; Portland, OR; San Juan, PR; Galveston and Houston, TX; and Seattle, Spo kane, and Tacoma, WA. (2) Canadian border ports. Eastport, ID; Houlton and Jackman, ME; De troit, Port Huron, and Sault Ste. Marie, MI; Opheim, Raymond, and Sweetgrass, MT; Alexandria Bay, Buf falo, and Champlain, NY; Dunseith, Pembina, and Portal, ND; Derby Line and Highgate Springs, VT; Oroville and Sumas, WA. (3) Mexican border ports. Douglas, Naco, Nogales, Sasabe, and San Luis, AZ; Calexico and San Ysidro, CA; Ante lope Wells, and Columbus, NM; and Brownsville, Hidalgo, Laredo, Eagle Pass, Del Rio, Presidio, and El Paso, TX. (b) The Secretary of the Treasury has approved the designation, as inspection stations, of the ports specified in para graph (a) of this section. In special cases, the Administrator may des ignate other ports as inspection sta tions in accordance with this section, VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00550 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 541 Animal and Plant Health Inspection Service, USDA § 93.705 with the concurrence of the Secretary of the Treasury. [60 FR 55181, Oct. 30, 1995. Redesignated at 62 FR 56012, Oct. 28, 1997, as amended at 65 FR 38178, June 20, 2000; 67 FR 68022, Nov. 8, 2002] § 93.704 Import permit. (a) General requirements. No person may import a hedgehog or tenrec into the United States unless it is accom panied by an import permit issued by APHIS and is imported into the United States within 30 days after the pro posed date of arrival stated in the im port permit. The importer or his or her agent must notify the inspector at the port of first arrival of the date of ar rival at least 72 hours before the hedge hog or tenrec arrives in the United States. (b) Import permit required. Any person who desires to import a hedgehog or tenrec must submit an application (VS Form 17–129) for an import permit. Ap plications are available from the Im port-Export Animals Staff, National Center for Import-Export, Veterinary Services, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737–1231 or by vis iting http://www.aphis.usda.gov/ animallhealth/permits/. A separate ap plication must be prepared for each shipment. (c) Application for an import permit. The importer must complete, sign, and date the application for an import per mit, which must include the following information: (1) The name and address of the ship per in the region of origin of the hedge hog or tenrec intended for importation into the United States. (2) The name, address, and telephone number of the importer. (3) The port of embarkation. (4) The region from which the hedge hog or tenrec will be shipped to the United States. (5) The mode of transportation. (6) The number, breed, species, and descriptions of the hedgehogs or tenrecs to be imported. (7) The purpose of the importation. (8) The route of travel, including all carrier stops en route. (9) The proposed shipping and arrival dates. (10) The port of first arrival in the United States. (11) The name, mailing address, and telephone number of the person to whom the hedgehog or tenrec will be delivered in the United States. (12) The location of the place where delivery will be made in the United States. (13) Any remarks regarding the ship ment. (d) Issuance of an import permit. Upon receipt of the application, APHIS will review the application. If the hedgehog or tenrec appears to be eligible to be imported into the United States, APHIS will issue an import permit in dicating the applicable requirements under this subpart for the importation of the hedgehog or tenrec. Even though an import permit has been issued for the importation of a hedgehog or tenrec, the animal may enter the United States only if all other applica ble requirements of this subpart have been met. (Approved by the Office of Management and Budget under control number 0579–0040) [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56021, Oct. 28, 1997; 81 FR 40151, June 21, 2016] § 93.705 Health certificate. (a) No person may import a hedgehog or tenrec into the United States unless it is accompanied by a health certifi cate either issued by a full-time sala ried veterinary officer of the national government of the exporting region or issued by a veterinarian authorized or accredited by the national government of the exporting region and endorsed by a full-time salaried veterinary officer of the national government of that re gion. The health certificate must con tain the names and street addresses of the consignor and consignee and must state: (1) That the hedgehog or tenrec origi nated in a region that has been recog nized as free of foot-and-mouth disease by the USDA; (2) That the hedgehog or tenrec has never been in a region where foot-and mouth disease exists; (3) That the hedgehog or tenrec has not been commingled with any other hedgehog or tenrec that originated in or has ever been in a region where foot and-mouth disease exists; VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00551 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 542 9 CFR Ch. I (1–1–18 Edition) § 93.706 (4) That the hedgehog or tenrec was inspected by the individual issuing the health certificate and was found free of any ectoparasites not more than 72 hours before being loaded on the means of conveyance which transported the animal to the United States; (5) That all body surfaces of the hedgehog or tenrec were treated for ectoparasites under the supervision of the veterinarian issuing the health cer tificate at least 3 days but not more than 14 days before being loaded on the means of conveyance that transported the animal to the United States; (6) That the pesticide and the con centration used would kill the types of ectoparasites that may infest the ani mal to be imported; (7) That the hedgehog or tenrec, after being treated for ectoparasites in ac cordance with paragraphs (a)(5) and (a)(6) of this section, had physical con tact only with, or shared a pen or bed ding materials only with, treated hedgehogs or tenrecs in the same ship ment to the United States; and (8) The name and concentration of the pesticide used to treat the hedge hog or tenrec. (b) [Reserved] (Approved by the Office of Management and Budget under control number 0579–0040) [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56021, Oct. 28, 1997] § 93.706 Notification of arrival. Upon the arrival of a hedgehog or tenrec at the port of first arrival in the United States, the importer or his or her agent must present the import per mits and health certificates required by this subpart to the collector of cus toms for the use of the inspector at that port. § 93.707 Inspection at the port of first arrival. (a) A hedgehog or tenrec from any part of the world must be inspected by an APHIS inspector at the port of first arrival. Subject to the other provisions in this subpart, a shipment of hedge hogs or tenrecs may enter the United States only if each hedgehog or tenrec in the shipment is found free of ectoparasites and any clinical signs of communicable diseases. (b) If any hedgehog or tenrec in a shipment is found to be infested with ectoparasites or demonstrates any clin ical signs of communicable diseases, then the entire shipment will be re fused entry. The importer will be given the following options: (1) Remove the shipment from the United States; or (2) Release the shipment to the U.S. Department of Agriculture. The Ad ministrator will destroy or otherwise dispose of the shipment as necessary to prevent the possible introduction into the United States of communicable animal diseases. Subpart H—Elephants, Hippo potami, Rhinoceroses, and Tapirs § 93.800 Definitions. The following terms, when used in this part, shall be construed as defined. Those terms used in the singular form in this part shall be construed as the plural form and vice versa, as the case may demand. Accredited veterinarian. A veteri narian approved by the Administrator in accordance with part 161 of this chapter to perform functions specified in parts 1, 2, 3, and 11 of this chapter, and subchapters B, C, and D of this chapter; and to perform functions re quired by cooperative State-Federal disease control and eradication pro grams. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS). APHIS representative. A veterinarian or other person employed by APHIS in animal health activities, who is au thorized to perform the function in volved. Enter (entered, entry) into the United States. To introduce into the commerce of the United States after release from government detention. Import (imported, importation) into the United States. To bring into the terri torial limits of the United States. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00552 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 543 Animal and Plant Health Inspection Service, USDA § 93.802 Incinerate (incinerated). To reduce to ash by burning. Inspector. An employee of APHIS who is authorized to perform the function involved. Person. Any individual, corporation, company, association, firm, partner ship, society, joint stock company, or any other legal entity. Region. Any defined geographic land area identifiable by geological, polit ical, or surveyed boundaries. A region may consist of any of the following: (1) A national entity (country); (2) Part of a national entity (zone, county, department, municipality, par ish, Province, State, etc.) (3) Parts of several national entities combined into an area; or (4) A group of national entities (coun tries) combined into a single area. United States. All of the several States of the United States, the Dis trict of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the Vir gin Islands of the United States, and all other territories and possessions of the United States. United States health certificate. An of ficial document issued by an APHIS representative or an accredited veteri narian at the point of origin of a move ment of animals. It must show the identification tag, tattoo, or registra tion number of each animal to be moved; the age and sex of each animal to be moved; the number of animals covered by the document; the points of origin and destination; the consignor; and the consignee. Veterinary Services. The Veterinary Services unit of the Animal and Plant Health Inspection Service of the United States Department of Agriculture. [52 FR 29502, Aug. 10, 1987, as amended at 57 FR 23048, 23049, June 1, 1992. Redesignated and amended at 62 FR 56012, 56021, Oct. 28, 1997] § 93.801 Prohibitions. Elephants, hippopotami, rhinoc eroses, or tapirs shall not be imported or entered into the United States un less in accordance with this part. [52 FR 29502, Aug. 10, 1987. Redesignated at 62 FR 56012, Oct. 28, 1997] § 93.802 Import permit. (a) An elephant, hippopotamus, rhi noceros, or tapir shall not be imported into the United States unless accom panied by an import permit issued by APHIS and unless imported into the United States within 30 days after the proposed date of arrival stated in the import permit. The port veterinarian must be notified of the date of arrival at least 72 hours before the animal ar rives in the United States. (b) An application for an import per mit may be obtained from the Import Export Animals Staff, National Center for Import-Export, Veterinary Serv ices, APHIS, 4700 River Road Unit 38, Riverdale, MD 20737–1231 or by visiting http://www.aphis.usda.gov/ animallhealth/permits/. (c) The completed application shall include the following information: (1) The name and address of the per son intending to export an elephant, hippopotamus, rhinoceros, or tapir to the United States; (2) The name and address of the per son intending to import an elephant, hippopotamus, rhinoceros, or tapir into the United States; (3) The species, breed, and number of elephants, hippopotami, rhinoceroses, or tapirs to be imported; (4) The purpose of the importation; (5) The port of embarkation; (6) The name and concentration of the pesticide intended to be used to treat the elephant, hippopotamus, rhi noceros, or tapir for ectoparasites prior to the animal being transported to the United States; (7) The mode of transportation; (8) The route of travel; (9) The port of entry in the United States and, if applicable, the address of the facility to be provided by the im porter for inspection, treatment, and incineration pursuant to § 93.6 of this part; (10) The proposed date of arrival in the United States; and (11) The name and address of the per son to whom the elephant, hippo potamus, rhinoceros, or tapir will be delivered in the United States. (d) After receipt and review of the ap plication by APHIS, an import permit indicating the applicable conditions under this part for importation into VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00553 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 544 9 CFR Ch. I (1–1–18 Edition) § 93.803 the United States shall be issued for the importation of the elephant, hippo potamus, rhinoceros, or tapir described in the application if such animal ap pears to be eligible to be imported. Even though an import permit has been issued for the importation of an elephant, hippopotamus, rhinoceros, or tapir, the animal may be imported only if all applicable requirements of this part are met. [52 FR 29502, Aug. 10, 1987, as amended at 57 FR 23049, June 1, 1992; 59 FR 67615, Dec. 30, 1994. Redesignated at 62 FR 56012, Oct. 28, 1997; 81 FR 40151, June 21, 2016] § 93.803 Health certificate. (a) An elephant, hippopotamus, rhi noceros, or tapir shall not be imported into the United States unless accom panied by a health certificate either signed by a salaried veterinarian of the national veterinary services of the re gion where the inspection and treat ment required by this section occurred or signed by a veterinarian authorized by the national veterinary services of such region and endorsed by a salaried veterinarian of the national veterinary services of such region (the endorse ment representing that the veteri narian signing the health certificate was authorized to do so), certifying: (1) That the elephant, hippopotamus, rhinoceros, or tapir was inspected by the individual signing the health cer tificate and found free of any ectoparasites not more than 72 hours before being loaded on the means of conveyance which transported the ani mal to the United States; and (2) That the elephant, hippopotamus, rhinoceros, or tapir was treated for ectoparasites at least 3 days but not more than 14 days before being loaded on the means of conveyance which transported the animal to the United States. The animal shall have been treated, under the supervision of the individual signing the health certifi cate, by being thoroughly wetted with a pesticide applied with either a spray er with a hand-held nozzle, a spray-dip machine, or a dip vat; and (3) That the elephant, hippopotamus, rhinoceros, or tapir, after being treated for ectoparasites in accordance with paragraph (a)(2) of this section, did not have physical contact with or share a pen or bedding materials with any ele phant, hippopotamus, rhinoceros, or tapir not in the same shipment to the United States; and (4) The name and concentration of the pesticide used to treat the animal (such pesticide and the concentration used must be adequate to kill the types of ectoparasites likely to infest the animal to be imported; a list of rec ommended pesticides and concentra tions may be obtained from the Animal and Plant Health Inspection Service, Veterinary Services, National Center for Import-Export, 4700 River Road Unit 38, Riverdale, Maryland 20737–1231; and (5) The name and address of the con signor and consignee. [52 FR 29502, Aug. 10, 1987; 52 FR 35350, Sept. 18, 1987, as amended at 57 FR 23049, June 1, 1992; 59 FR 67615, Dec. 30, 1994. Redesignated and amended at 62 FR 56012, 56021, Oct. 28, 1997] § 93.804 Declaration upon arrival. Upon arrival of an elephant, hippo potamus, rhinoceros, or tapir at a port of entry, the importer or the import er’s agent shall notify APHIS of the ar rival by giving an inspector a com pleted VS Form 17–29, ‘‘Declaration of Importation for Animals, Animal Semen, Birds, Poultry, and Eggs for Hatching.’’ (This form is available from the Animal and Plant Health In spection Service, Veterinary Services, National Center for Import-Export, 4700 River Road Unit 38, Riverdale, Maryland 20737–1231 or by visiting http://www.aphis.usda.gov/ animallhealth/permits/.) Forms may be provided to the inspector using a U.S. Government electronic information ex change system or other authorized method. The completed form must state: (a) The port of entry; (b) The date of arrival; (c) The import permit number; (d) The name of the carrier and iden tification of the means of conveyance; (e) The name and address of the im porter; (f) The name and address of the broker; (g) The region from which the ele phant, hippopotamus, rhinoceros, or tapir was shipped; VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00554 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 545 Animal and Plant Health Inspection Service, USDA § 93.805 1 Importers must also meet all require ments of the U.S. Department of the Interior regulations relevant to the importation of elephants, hippopotami, rhinoceroses, and tapirs, including regulations concerning ports of entry. (h) The number, species, and purpose of importation of the elephant, hippo potamus, rhinoceros, or tapir; and (i) The name and address of the per son to whom the elephant, hippo potamus, rhinoceros, or tapir will be delivered. [52 FR 29502, Aug. 10, 1987; 52 FR 35350, Sept. 18, 1987, as amended at 57 FR 23049, June 1, 1992; 59 FR 67615, Dec. 30, 1994. Redesignated and amended at 62 FR 56012, 56021, Oct. 28, 1997, as amended at 81 FR 40151, June 21, 2016] § 93.805 Ports of entry, inspection, and treatment. 1 (a) An elephant, hippopotamus, rhi noceros, or tapir shall be imported into the United States only: (1) At Los Angeles, California; Miami, Florida; and Newburgh, New York; or (2) On a case-by-case basis, at an other port of entry if: (i) The animals will be inspected and treated at a facility provided by the importer; (ii) The Administrator has deter mined that the importer’s facility is adequate for inspection, treatment, and incineration required under this section; (iii) The Administrator has deter mined that an inspector is available to perform at the importer’s facility the services that are required under this section; and (iv) The Administrator has deter mined that an inspector is available to perform at the port of entry the serv ices that are required under this sec tion if the animals will be inspected and treated at a facility provided by the importer. (b) An elephant, hippopotamus, rhi noceros, or tapir shall be entered into the United States only under the fol lowing conditions: (1) Any documents accompanying the animal shall be subject to inspection by an inspector at the port of entry; (2) If the animal is to be moved from the port of entry to a facility provided by the importer: (i) At the port of entry the animal shall be subject to as much inspection by an inspector as is feasible and shall be sprayed or dipped, as feasible, under the supervision of an inspector and with a permitted dip listed in § 72.13(b) of this chapter; (ii) At the port of entry, as much hay, straw, feed, bedding, and other material as can feasibly be removed from the shipping crate or vehicle con taining the animal shall be removed, sealed in plastic bags, and incinerated by the importer under the supervision of an inspector; (iii) At the port of entry, the ship ping crate or the vehicle containing the animal shall be sealed by an inspec tor with an official seal of the United States Department of Agriculture: (iv) If the animal is moved from the port of entry in a shipping crate, plas tic must be fastened around the ship ping crate so that all animal waste, hay, straw, feed, bedding, and other material accompanying the animal are retained inside the crate, but not so as to interefere with ventilation, feeding, and watering of the animal; (v) After the arrival of the animal at the facility provided by the importer, the seal shall be broken by an inspec tor; (3) The animal shall be inspected by an inspector within 24 hours of being unloaded at the port of entry or at a fa cility provided by the importer, and shall be treated under the supervision of an inspector, as follows: (i) The animal shall be removed from its shipping crate or cargo hold, placed on a concrete or other nonporous sur face, and physically inspected for ectoparasites by an inspector. If in spection and treatment are not per formed upon unloading, the animal must be isolated from all other ani mals, except those in the same ship ment, and kept in a facility with a non porous floor and where any ectoparasites that may drop off the animal can be contained and destroyed, until the animal has been inspected and treated; (ii) If the inspector finds no ectoparasites, the animal shall be VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00555 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 546 9 CFR Ch. I (1–1–18 Edition) § 93.806 sprayed or dipped one time in accord ance with label instructions with a per mitted dip listed in § 72.13(b) of this chapter; or (iii) If the inspector finds ectoparasites, the animal shall be sprayed or dipped in accordance with label instructions with a permitted dip listed in § 72.13(b) of this chapter for as many times as necessary until the in spector finds no ectoparasites; and thereafter the animal shall be sprayed or dipped one additional time in ac cordance with label instructions with a permitted dip listed in § 72.13(b) of this chapter; (4) All hay, straw, feed, bedding, and other material that has been placed with the animal at any time prior to the final treatment referred to in para graph (b)(3) of this section, and any plastic sheet used to wrap any shipping crate, shall be sealed in plastic bags and incinerated under the supervision of an inspector; (5) Any shipping crate shall be, under the supervision of an inspector, either cleaned and disinfected using a dis infectant listed in § 71.10 of this chapter or incinerated; and if the shipping crate is cleaned and disinfected, it shall then be treated under the super vision of an inspector with a permitted dip listed in § 72.13(b) of this chapter; (6) Any means of conveyance used to transport an animal not in a shipping crate shall be, under the supervision of an inspector, cleaned and disinfected using a disinfectant listed in § 71.10 of this chapter and then treated with a permitted dip listed in § 72.13(b) of this chapter. [52 FR 29502, Aug. 10, 1987, as amended at 57 FR 23049, June 1, 1992. Redesignated at 62 FR 56012, Oct. 28, 1997; 65 FR 38178, June 20, 2000] § 93.806 Animals refused entry. Any elephant, hippopotamus, rhinoc eros, or tapir refused entry into the United States for noncompliance with the requirements of this part shall be removed from the United States within a time period specified by the Adminis trator or shall be considered abandoned by the importer, and pending removal or abandonment, the animal shall be subject to such safeguards as the in spector determines necessary to pre vent the possible introduction of ectoparasites into the United States. If such animal is not removed from the United States within such time period or is abandoned, it may be seized, de stroyed, or otherwise disposed of as the Administrator determines necessary to prevent the possible introduction of ectoparasites into the United States. [52 FR 29502, Aug. 10, 1987, as amended at 57 FR 23049, June 1, 1992. Redesignated at 62 FR 56012, Oct. 28, 1997] § 93.807 Other importations. (a) Elephants, hippopotami, rhinoc eroses, and tapirs are exempt from the regulations in this part under the fol lowing circumstances: (1) They are imported from Canada and are accompanied by a document signed by a salaried veterinarian of the Canadian Government that states: (i) They were not imported into Can ada during the year preceding their im portation into the United States; and (ii) They did not, during the year pre ceding their importation into the United States, have physical contact with or share a pen or bedding mate rials with any elephant, hippopotamus, rhinoceros, or tapir imported into Can ada during that year; or (2) They were exported into Canada from the United States and then im ported back into the United States ac companied by a United States health certificate. (b) Notwithstanding other provisions in this part, the Administrator may in specific cases allow the importation and entry of elephants, hippopotami, rhinoceroses, or tapirs into the United States other than as provided for in this part under such conditions as the Administrator may prescribe to pre vent the introduction of ectoparasites into the United States. (Approved by the Office of Management and Budget under control number 0579–0020) [52 FR 29502, Aug. 10, 1987; 52 FR 35350, Sept. 18, 1987, as amended at 57 FR 23049, June 1, 1992; 59 FR 67133, Dec. 29, 1994. Redesignated at 62 FR 56012, Oct. 28, 1997, as amended at 64 FR 23179, Apr. 30, 1999] VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00556 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 547 Animal and Plant Health Inspection Service, USDA § 93.901 11 The importation of live cultures of SVC virus, preserved SVC virus viral RNA or DNA, tissue samples containing viable SVC virus, or other specimens intended for diag nostic or research purposes and which con tain viable SVC virus may be imported only under permit in accordance with 9 CFR part 122. Subpart I—Aquatic Animal Species SOURCE: 71 FR 51435, Aug. 30, 2006, unless otherwise noted. § 93.900 Definitions. Wherever in this subpart the fol lowing terms are used, unless the con text otherwise requires, they shall be construed, respectively, to mean: Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS). APHIS representative. A veterinarian or other individual employed by the Animal and Plant Health Inspection Service, United States Department of Agriculture, who is authorized to per form the services required by this part. Certifying official. An individual au thorized by the competent authority of a country to sign health certificates for aquatic animals. Competent authority. The national veterinary services or other authority of a country, having the responsibility and competence for ensuring or super vising the implementation of aquatic animal health measures. Container. A transport receptacle that is specially constructed to facili tate transportation of aquatic animals or aquatic animal products by one or several means of transport. Department. The United States De partment of Agriculture (USDA). Fertilized egg. A viable fertilized ovum of an aquatic animal. Gamete. The sperm or unfertilized egg of aquatic animals that is held or transported separately. Inspector. An employee of the Animal and Plant Health Inspection Service authorized to perform duties required under this subpart. Person. Any individual, corporation, company, association, firm, partner ship, society or joint stock company. Port veterinarian. A veterinarian em ployed by the Animal and Plant Health Inspection Service to perform duties required under this subpart at a port of entry. Region. Any defined geographic land area identifiable by geological, polit ical, or surveyed boundaries. A region may consist of any of the following: (1) A national entity (country); (2) Part of a national entity (zone, county, department, municipality, par ish, Province, State, etc.); (3) Parts of several national entities combined into an area; or (4) A group of national entities (coun tries) combined into a single area. Spring viremia of carp (SVC). A disease caused by infection with spring viremia of carp virus, a rhabodivrus capable of infecting several carp species, in addi tion to some other cyprinid and ictalurid fish species. SVC-susceptible species. Common carp (Cyprinus carpio), grass carp (Ctenopharyngodon idellus), silver carp (Hypophthalmichthys molitrix), bighead carp (Aristichthys nobilis), Crucian carp (Carassius carassius), goldfish (Carassius auratus), tench (Tinca tinca), and sheatfish (Silurus glanis). United States. All of the States of the United States, the District of Colum bia, Guam, Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and all other territories and possessions of the United States. § 93.901 General restrictions; excep tions. (a) No live fish, fertilized eggs, or gametes of SVC-susceptible species may be imported into the United States except in accordance with this subpart, 11 nor shall any such live fish, fertilized eggs, or gametes be moved from the port of entry after arrival until released by the port veterinarian; provided that the Administrator may, upon request in specific cases, allow the importation of SVC-susceptible live fish, fertilized eggs, or gametes under conditions other than those set VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00557 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 548 9 CFR Ch. I (1–1–18 Edition) § 93.902 12 Requests for approval of such facilities should be made to the Animal and Plant Health Inspection Service at the address pro vided in § 93.903 for permit applications. forth in this subpart when the Admin istrator determines that such move ment will not result in the introduc tion of SVC into the United States. (b) Other provisions of this subpart relating to the importation of live fish, fertilized eggs, and gametes shall not apply to shipments of SVC-susceptible species of live fish, fertilized eggs, or gametes in transit through the United States if an import permit has been ob tained under § 93.903 and all conditions of the permit are observed; and if the live fish, fertilized eggs, and gametes are handled as follows: (1) They are maintained under con tinuous confinement while in transit through the United States aboard an aircraft, ocean vessel, or other means of conveyance; or (2) They are unloaded, in the course of such transit, into a holding facil ity 12 that is provided by the carrier or its agent and has been approved by the Administrator in accordance with paragraph (b)(4) of this section as ade quate to prevent the spread within the United States of any finfish disease; they are maintained there under con tinuous confinement until loaded aboard a means of conveyance for transportation from the United States; and are maintained under continuous confinement aboard such means of con veyance until it leaves the United States. (3) They are moved in accordance with any additional conditions pre scribed in the permit and determined by the Administrator to be necessary to ensure that the live fish, fertilized eggs, or gametes through the United States do not introduce SVC into the United States. (4) For a holding facility to be ap proved by the Administrator: (i) The holding facility must be suffi ciently isolated to prevent direct or in direct contact of the live fish, fertilized eggs, or gametes it contains with any other SVC-susceptible species in the United States; (ii) The holding facility must be con structed to provide adequate protec tion against environmental conditions and so that it can be adequately cleaned, washed and disinfected; (iii) Provision must be made for dis posal of fish carcasses, shipping water, waste and any associated shipping ma terials in a manner that will prevent dissemination of disease; (iv) Provision must be made for ade quate sources of feed and water and for attendants for the care and feeding of live fish, fertilized eggs, or gametes in the facility; (v) The holding facility must comply with all applicable local, State and Federal requirements for environ mental quality. (vi) The holding facility must comply with any additional requirements that may be imposed by the Administrator for a particular shipment if necessary to prevent the dissemination of dis ease. (Approved by the Office of Management and Budget under control number 0579–0301) [71 FR 51435, Aug. 30, 2006; 71 FR 54552, Sept. 15, 2006] § 93.902 Ports designated for the im portation of live fish, fertilized eggs, and gametes. (a) The following ports are des ignated as ports of entry for live fish, fertilized eggs, and gametes of SVC susceptible species imported under this subpart: (1) Air and ocean ports. Los Angeles and San Francisco, CA; Miami and Tampa, FL; Atlanta, GA; Honolulu, HI; Chicago, IL; Boston, MA; Newark, NJ; New York, NY; Portland, OR; Dallas Ft. Worth, TX; and San Juan, PR. (2) Canadian border ports. Detroit, MI; Buffalo-Niagara, NY; and Blaine and Seattle, WA. (3) Mexican border ports. Otay Mesa, CA. (b) Designation of other ports. Other ports may be designated by the Admin istrator in specific cases with the con currence of the Secretary of the De partment of Homeland Security. § 93.903 Import permits for live fish, fertilized eggs, and gametes. (a) Live fish, fertilized eggs, or gametes of SVC-susceptible species im ported into the United States must be accompanied by an import permit VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00558 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 549 Animal and Plant Health Inspection Service, USDA § 93.904 issued by APHIS and must be imported within 30 days after the proposed date of arrival stated in the import permit. (b) An application for an import per mit must be submitted for each ship ment of live fish, fertilized eggs, or gametes of SVC-susceptible species to the Animal and Plant Health Inspec tion Service, Veterinary Services, Na tional Center for Import and Export, 4700 River Road Unit 38, Riverdale, MD 20737–1231. Application forms for im port permits may be obtained from this address. (c) A completed application shall in clude the following information: (1) The name and address of the per son intending to export live fish, fer tilized eggs, or gametes of SVC-suscep tible species to the United States; (2) The proposed date of shipment to the United States; (3) The name and address of the per son intending to import live fish, fer tilized eggs, or gametes of SVC-suscep tible species into the United States; (4) The species and number of live fish, fertilized eggs, or gametes of SVC susceptible species to be imported into the United States; (5) The purpose of the importation; (6) The port of embarkation; (7) The mode of transportation; (8) The route of travel, including all carrier stops en route; (9) The port of entry in the United States; (10) The proposed date of arrival in the United States; and (11) The name and address of the per son to whom the live fish, fertilized eggs, or gametes of SVC-susceptible species will be delivered in the United States. (d) If APHIS determines that the live fish, fertilized eggs, or gametes are eli gible for importation, APHIS will issue an import permit indicating the appli cable conditions for importation. An import permit does not guarantee that any live fish, fertilized eggs, or gametes will be allowed entry into the United States; the fish, fertilized eggs, or gametes will be allowed to enter the United States only if they meet all ap plicable requirements of the permit and regulations. (Approved by the Office of Management and Budget under control number 0579–0301) § 93.904 Health certificate for live fish, fertilized eggs, and gametes. (a) General. All live fish, fertilized eggs, and gametes of SVC-susceptible species that are imported from any re gion of the world must be accompanied by a health certificate issued by a full time salaried veterinarian of the na tional government of the exporting re gion, or issued by a certifying official and endorsed by the competent author ity of that country. The health certifi cate must be written in English or con tain an English translation. The health certificate will be valid for 30 days from the date of issuance. The health certificate for the live fish, fertilized eggs, or gametes must state that: (1) The live fish, fertilized eggs, or gametes were inspected by the veteri narian or certifying official who issued the certificate within 72 hours prior to shipment, and were found to be free of any clinical signs of disease consistent with SVC; and (2) The live fish, fertilized eggs, or gametes covered by the health certifi cate meet the requirements of this sec tion. (b) Surveillance. The live fish, fer tilized eggs, or gametes must meet the following conditions to be eligible for importation into the United States: (1) The live fish, fertilized eggs, or gametes must originate in a region or establishment which conducts a sur veillance program for SVC under the supervision of the competent author ity. (2) The region or establishment must demonstrate freedom from SVC through a minimum of 2-years’ contin uous health history, supported by lab oratory testing by a pathogen detec tion facility approved for SVC viral as says by the competent authority. (3) SVC-susceptible fish populations in the region or establishment must be tested at least twice annually, with at least 3 months between the tests and at times or under environmental condi tions that would facilitate the detec tion of SVCV if it were present. Sam pling procedures must utilize an as sumed pathogen prevalence of 2 per cent, with a corresponding confidence level of 95 percent. Samples must be collected and submitted by a certifying official or veterinarian recognized by VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00559 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 550 9 CFR Ch. I (1–1–18 Edition) § 93.905 the competent authority. The standard screening method for SVC must include isolation of SVCV in cell culture, using either the epithelioma papulosum cyprini (EPC) or fathead minnow (FHM) cell lines. However, the Admin istrator may authorize other assays for SVCV detection in lieu of virus isola tion through cell culture, if the Admin istrator determines that such assays provide equivalent assurance of the SVC status of an exporting region or establishment. All viral testing results must be negative. (c) Shipping containers. All live fish, fertilized eggs, and gametes must be shipped to the United States in new containers or in used containers that have been cleaned and disinfected in accordance with this section. (1) Cleaning and disinfection of ship ping containers must take place under the supervision of the veterinarian or certifying official who issues the health certificate. (2) Cleaning and disinfection must be sufficient to neutralize any SVC virus to which shipping containers may have been exposed. Acceptable disinfection procedures include individual or com bination treatments with: Solutions having a pH of 12 or higher or 3 or lower with a contact time of at least 10 minutes; heat at or above 56 °C for at least 15 minutes; chlorine solutions having a concentration of at least 500 ppm with a contact time of at least 10 minutes; iodine solutions having a con centration of at least 100 ppm with a contact time of at least 10 minutes; ul traviolet exposure (254 nm; min expo sure of 10,000 microwatt seconds/cm 2); or other disinfectants such as Virkon used according to the manufacturer’s directions. The Administrator may au thorize other procedures if the Admin istrator determines they are adequate to neutralize the SVC virus. (3) Cleaning and disinfection proto cols must be referenced in the health certificate or in a separate cleaning and disinfection certificate accom panying the shipment to the U.S. port of entry. (Approved by the Office of Management and Budget under control number 0579–0301) § 93.905 Declaration and other docu ments for live fish, fertilized eggs, and gametes. (a) For all live fish, fertilized eggs, and gametes offered for importation under this subpart, the importer or his or her agent must submit the following documents to the collector of customs for use by the port veterinarian: (1) All permits, certificates, or other documentation required by this sub part; and (2) Two copies of a declaration that lists the port of entry, the name and address of the importer, the name and address of the broker, the origin of the live fish, fertilized eggs, or gametes, the number, species, and the purpose of the importation, the name of the per son to whom the fish will be delivered, and the location of the place to which such delivery will be made. (b) Any declaration, permit, or other document for live fish, fertilized eggs, and gametes required under this sub part may be issued and presented using a U.S. Government electronic informa tion exchange system or other author ized method. (Approved by the Office of Management and Budget under control number 0579–0301) [71 FR 51435, Aug. 30, 2006, as amended at 81 FR 40152, June 21, 2016] § 93.906 Inspection at the port of entry. (a) All live fish, fertilized eggs, and gametes of SVC-susceptible species im ported from any part of the world must be presented for inspection at a port of entry designated under § 93.902. The APHIS port veterinarian must be noti fied at least 72 hours in advance of the arrival in the United States of a ship ment of live fish, fertilized eggs, or gametes of SVC-susceptible species. Any shipment of live SVC-susceptible fish species that the port veterinarian determines to exhibit clinical signs consistent with SVCV infection or dis ease, or any shipments of live fish, fer tilized eggs, and gametes of SVC-sus ceptible species that otherwise do not meet the requirements of this subpart, shall be refused entry. (b) Shipments refused entry, unless exported within a time fixed in each VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00560 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B 551 Animal and Plant Health Inspection Service, USDA § 94.0 case by the Administrator, and in ac cordance with other provisions he or she may require in each case for their handling, shall be disposed of as the Administrator may direct. (Approved by the Office of Management and Budget under control number 0579–0301) PART 94—RINDERPEST, FOOT-AND MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DIS EASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS Sec. 94.0 Definitions. 94.1 Regions where rinderpest or foot-and mouth disease exists; importations pro hibited. 94.2 Fresh (chilled or frozen) products (other than meat), and milk and milk products of ruminants and swine. 94.3 Organs, glands, extracts, or secretions of ruminants or swine. 94.4 Cured or cooked meat from regions where rinderpest or foot-and-mouth dis ease exists. 94.5 Regulation of certain garbage. 94.6 Carcasses, meat, parts or products of carcasses, and eggs (other than hatching eggs) of poultry, game birds, or other birds; importations from regions where Newcastle disease or highly pathogenic avian influenza is considered to exist. 94.7 Disposal of animals, meats, and other articles ineligible for importation. 94.8 Pork and pork products from regions where African swine fever exists or is reasonably believed to exist. 94.9 Pork and pork products from regions where classical swine fever exists. 94.10 Swine from regions where classical swine fever exists. 94.11 Restrictions on importation of meat and other animal products from specified regions. 94.12 Pork and pork products from regions where swine vesicular disease exists. 94.13 Restrictions on importation of pork or pork products from specified regions. 94.14 Swine from regions where swine vesic ular disease exists; importations prohib ited. 94.15 Animal products and materials; move ment and handling. 94.16 Milk and milk products. 94.17 Dry-cured pork products from regions where foot-and-mouth disease, rinder pest, African swine fever, classical swine fever, or swine vesicular disease exists. 94.18 Bovine spongiform encephalopathy; importation of edible products derived from bovines. 94.19 Importation of meat, meat byprod ucts, and meat food products derived from bovines from regions of negligible risk for BSE. 94.20 Importation of meat, meat byprod ucts, and meat food products derived from bovines from regions of controlled risk for BSE. 94.21 Importation of meat, meat byprod ucts, and meat food products derived from bovines from regions of undeter mined risk for BSE. 94.22 Meat or dressed carcasses of hunter harvested bovines. 94.23 Importation of gelatin derived from bovines. 94.24 Restrictions on importation of meat and edible products from ovines and caprines due to bovine spongiform encephalopathy. 94.25 Restrictions on the importation from Canada of meat and edible products from ovines and caprines other than gelatin. 94.26 Gelatin derived from horses or swine or from ovines or caprines that have not been in a region restricted because of BSE. 94.27 Transit shipment of articles. 94.28 Restrictions on the importation of poultry meat and products, and live birds and poultry, from the APHIS-defined EU Poultry Trade Region. 94.29 Restrictions on importation of fresh (chilled or frozen) beef and ovine meat from specified regions. 94.30 Importation of poultry meat and other poultry products from Sinaloa and So nora, Mexico. 94.31 Restrictions on the importation of pork, pork products, and swine from the APHIS-defined European CSF region. 94.32 Restrictions on the importation of live swine, pork, or pork products from cer tain regions free of classical swine fever. 94.33 Restrictions on importation of live poultry, poultry meat, and other poultry products from specified regions. AUTHORITY: 7 U.S.C. 450, 7701–7772, 7781–7786, and 8301–8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4. § 94.0 Definitions. As used in this part, the following terms shall have the meanings set forth in this section. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00561 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp ay ne o n D S K 54 D X V N 1O F R w ith $ $ JO B