Swine Health Protection (9 CFR 166.1-167.10)

1012 SUBCHAPTER L—SWINE HEALTH PROTECTION PART 166—SWINE HEALTH PROTECTION GENERAL PROVISIONS Sec. 166.1 Definitions in alphabetical order. 166.2 General restrictions. 166.3 Separation of swine from the garbage handling and treatment areas. 166.4 Storage of garbage. 166.5 Licensed garbage-treatment facility standards. 166.6 Swine feeding area standards. 166.7 Cooking standards. 166.8 Vehicles used to transport garbage. 166.9 Recordkeeping. 166.10 Licensing. 166.11 Suspension and revocation of li censes. 166.12 Cancellation of licenses. 166.13 Licensee responsibilities. 166.14 Cleaning and disinfecting. 166.15 State status. AUTHORITY: 7 U.S.C. 3801–3813; 7 CFR 2.22, 2.8, and 371.4 SOURCE: 47 FR 49945, Nov. 3, 1982, unless otherwise noted. GENERAL PROVISIONS § 166.1 Definitions in alphabetical order. For the purposes of this part, the fol lowing terms shall have the meanings assigned them in this section. Unless otherwise required by the context, the singular form shall also import the plu ral and the masculine form shall also import the feminine, and vice versa. Words undefined in the following para graphs shall have the meaning attrib uted to them in general usage as re flected by definitions in a standard dic tionary. Act. The Swine Health Protection Act (Pub. L. 96–468) as amended by the Farm Credit Act Amendments of 1980 (Pub. L. 96–592). Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Animals. All domesticated and wild mammalian, poultry, and fish species, and wild and domesticated animals, in cluding pets such as dogs and cats. Area Veterinarian in Charge. The vet erinarian of APHIS who is assigned by the Administrator to supervise and perform the official work of APHIS in a State or States or any other official to whom authority has heretofore been delegated or to whom authority may hereafter be delegated to act in his stead. Facility. The site and all objects at this site including equipment and structures where garbage is accumu lated, stored, handled, and cooked as a food for swine and which are fenced in or otherwise constructed so that swine are unable to have access to untreated garbage. Garbage. All waste material derived in whole or in part from the meat of any animal (including fish and poultry) or other animal material, and other refuse of any character whatsoever that has been associated with any such material, resulting from the handling, preparation, cooking or consumption of food, except that such term shall not include waste from ordinary household operations which is fed directly to swine on the same premises where such household is located. Inspector. Any individual employed by the United States Department of Agriculture or by a State for the pur poses of enforcing the Act and this part. License. A permit issued to a person for the purpose of allowing such person to operate a facility to treat garbage that is to be fed to swine. Licensee. Any person licensed pursu ant to the Act and regulations. Person. Any individual, corporation, company, association, firm, partner ship, society or joint stock company or other legal entity. Premises. The location of a garbage treatment facility, as defined in this part, and any areas owned or con trolled by the operator of the facility where swine are kept or fed by the op erator. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 01022 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 1013 Animal and Plant Health Inspection Service, USDA § 166.3 Processed product. Material derived in whole or in part from the meat of any animal (including fish and poultry) or other animal material, and other refuse of any character whatsoever that has been associated with any such material, that has undergone an indus trial manufacturing procedure to pre vent spoilage or add shelf stability, and that has, at a minimum, been cooked to a temperature of 167 °F (75 °C) for at least 30 minutes or has been subjected to an industrial process demonstrated to provide an equivalent level of inac tivation of disease organisms, as ap proved by the Administrator. Rendered product. Waste material de rived in whole or in part from the meat of any animal (including fish and poul try) or other animal material, and other refuse of any character whatso ever that has been associated with any such material, resulting from the han dling, preparation, cooking or con sumption of food that has been ground and heated to a minimum temperature of 230 °F. to make products such as, but not limited to, animal, poultry, or fish protein meal, grease or tallow. State. The fifty States, the District of Columbia, Guam, Puerto Rico, the Vir gin Islands of the United States, Amer ican Samoa, the Commonwealth of the Northern Mariana Islands, and the ter ritories and possessions of the United States. State animal health official. The indi vidual employed by a State who is re sponsible for livestock and poultry dis ease control and eradication programs or any other official to whom author ity is delegated to act for the State animal health official. Treated garbage. Edible waste for ani mal consumption derived from garbage (as defined in this section) that has been heated throughout at boiling or equivalent temperature (212 °F. or 100 °C. at sea level) for 30 (thirty) minutes under the supervision of a licensee. Treatment. The heating of garbage to specifications as set forth in this part. Untreated garbage. Garbage that has not been treated in accordance with the Act and these regulations. [47 FR 49945, Nov. 3, 1982, as amended at 48 FR 22290, May 18, 1983; 52 FR 4890, Feb. 18, 1987; 56 FR 26899, June 12, 1991; 66 FR 21064, Apr. 27, 2001; 74 FR 15218, Apr. 3, 2009] § 166.2 General restrictions. (a) No person shall feed or permit the feeding of garbage to swine unless the garbage is treated to kill disease orga nisms, pursuant to this part, at a facil ity operated by a person holding a valid license for the treatment of gar bage; except that the treatment and li cense requirements shall not apply to the feeding or the permitting of the feeding to swine of garbage only be cause the garbage consists of any of the following: Processed products; ren dered products; bakery waste; candy waste; eggs; domestic dairy products (including milk); fish from the Atlantic Ocean within 200 miles of the conti nental United States or Canada; or fish from inland waters of the United States or Canada which do not flow into the Pacific Ocean. (b) No person operating such a facil ity may be licensed to treat garbage unless he or she meets the require ments of this part designed to prevent the introduction or dissemination of any infectious or communicable dis ease of animals and unless the facility is so constructed that swine are unable to have access to untreated garbage or equipment and material coming in con tact with untreated garbage. (c) The regulations of this part shall not be construed to repeal or supersede State laws that prohibit feeding of gar bage to swine or to prohibit any State from enforcing requirements relating to the treatment of garbage that is to be fed to swine or the feeding thereof which are more stringent than the re quirements contained in this part. In a State which prohibits the feeding of garbage to swine, a license under the Act will not be issued to any applicant. [47 FR 49945, Nov. 3, 1982, as amended at 49 FR 14497, Apr. 12, 1984; 52 FR 4890, Feb. 18, 1987; 66 FR 21064, Apr. 27, 2001; 74 FR 15218, Apr. 3, 2009] § 166.3 Separation of swine from the garbage handling and treatment areas. (a) Access by swine to garbage han dling and treatment areas shall be pre vented by construction of facilities to exclude all ages and sizes of swine. (b) All areas and drainage therefrom, used for the handling and treatment of untreated garbage shall be inaccessible VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 01023 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 1014 9 CFR Ch. I (1–1–18 Edition) § 166.4 to swine on the premises. This shall in clude the roads and areas used to transport and handle untreated gar bage on the premises. § 166.4 Storage of garbage. (a) Untreated garbage at a treatment facility shall be stored in covered and leakproof containers until treated. (b) Treated garbage shall be trans ported to a feeding area from the treat ment facility only in (1) containers used only for such treated garbage; (2) containers previously used for garbage which have been cleaned and dis infected in accordance with § 166.14 of this part; or (3) containers in which the garbage was treated. [47 FR 49945, Nov. 3, 1982, as amended at 52 FR 4890, Feb. 18, 1987] § 166.5 Licensed garbage-treatment fa cility standards. Garbage-treatment facilities shall be maintained as set forth in this section. (a) Insects and animals shall be con trolled. Accumulation of any material at the facility where insects and ro dents may breed is prohibited. (b) Equipment used for handling un treated garbage, except for the con tainers in which the garbage has been treated, may not be subsequently used in the feeding of swine unless first cleaned and disinfected as set forth in § 166.14(b). (c) Untreated garbage that is not to be fed to swine and materials in asso ciation with such garbage shall be dis posed of in a manner consistent with all applicable governmental environ mental regulations and in an area inac cessible to swine. [47 FR 49945, Nov. 3, 1982, as amended at 52 FR 4890, Feb. 18, 1987] § 166.6 Swine feeding area standards. Untreated garbage shall not be al lowed into swine feeding areas. Any equipment or material associated with untreated garbage, except for con tainers holding treated garbage which was treated in such containers, shall not be allowed into swine feeding areas at treatment premises until properly cleaned and disinfected as set forth in § 166.14(b) of this part. [47 FR 49945, Nov. 3, 1982, as amended at 52 FR 4890, Feb. 18, 1987] § 166.7 Cooking standards. (a) Garbage shall be heated through out at boiling (212 °F. or 100 °C. at sea level) for 30 (thirty) minutes. (b) Garbage shall be agitated during cooking, except in steam cooking equipment, to ensure that the pre scribed cooking temperature is main tained throughout the cooking con tainer for the prescribed length of time. § 166.8 Vehicles used to transport gar bage. Vehicles used by a licensee to trans port untreated garbage, except those that have also been used to treat the garbage so moved, shall not be used for hauling animals or treated garbage until cleaned and disinfected as set forth in § 166.14(c) of this part. [47 FR 49945, Nov. 3, 1982, as amended at 52 FR 4890, Feb. 18, 1987] § 166.9 Recordkeeping. (a) Each licensee shall record the des tination and date of removal of all treated or untreated garbage removed from the licensee’s premises. (b) Such records shall be legible and indelible. (c) Each entry in a record shall be certified as correct by initials or signa ture of the licensee or an authorized agent or employee of the licensee. (d) Such records shall be maintained by the licensee for a period of 1 year from the date made and shall be made available to inspectors upon request during normal business hours at that treatment facility. (Approved by the Office of Management and Budget under control number 0579–0066) [47 FR 49945, Nov. 3, 1982, as amended at 48 FR 57474, Dec. 30, 1983; 52 FR 4890, Feb. 18, 1987] § 166.10 Licensing. (a) Application. Any person operating or desiring to operate a treatment fa cility for garbage that is to be treated VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 01024 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 1015 Animal and Plant Health Inspection Service, USDA § 166.11 and fed to swine shall apply for a li cense on a form which will be fur nished, upon request, by the Area Vet erinarian in Charge or, in States with primary enforcement responsibility, by the State animal health official in the State in which the person operates or intends to operate. When a person oper ates more than one treatment facility, a separate application to be licensed shall be made for each facility. Exemp tions to the requirements of this para graph may be granted in States other than those with primary enforcement responsibility by the Administrator, if he finds that there would not be a risk to the swine industry in the United States. Any person operating or desir ing to operate a facility to treat gar bage to be fed to swine who would oth erwise be required under this part to obtain a license to treat garbage only because it contains one or more of the items allowed to be fed to swine under § 166.2(a) of this part is exempted from the requirements of this paragraph. (b) Acknowledgement of Act and regula tions. A copy of the Act and regulations shall be supplied to the applicant at the time the applicant is given a li cense application. The applicant shall sign a receipt at the time of the prelicensing inspection acknowledging that the applicant has received a copy of the Act and regulations, that the ap plicant understands them, and agrees to comply with the Act and regula tions. (c) Demonstration of compliance with the regulations. (1) Prior to licensing, each applicant shall demonstrate dur ing an inspection of the premises, fa cilities, and equipment that the facili ties and equipment to be used in the treatment of garbage comply with these regulations. If the applicant’s fa cilities and equipment do not meet the standards established by the regula tions, the applicant shall not be li censed and shall be advised of the defi ciencies and the measures that must be taken to comply with the regulations. (2) The licensee shall make the prem ises, facilities, and equipment available during normal business hours for in spections by an inspector to determine continuing compliance with the Act and regulations. (3) The facilities and equipment of an applicant for a license shall be in com pliance with all applicable govern mental environmental regulations be fore the applicant will be licensed. (d) Issuance of license. A license will be issued to an applicant when the re quirements of paragraphs (a), (b), and (c) of this section have been met, pro vided that such facility is not located in a State which prohibits the feeding of garbage to swine; and further, that if the Administrator has reason to be lieve that the applicant for a license is unfit to engage in the activity for which application has been made by reason of the fact that the applicant is engaging in or has, in the past, engaged in any activity in apparent violation of the Act or the regulations which has not been the subject of an administra tive proceeding under the Act, an ad ministrative proceeding shall be promptly instituted in which the appli cant will be afforded an opportunity for a hearing in accordance with the rules of practice under the Act, for the pur pose of giving the applicant an oppor tunity to show cause why the applica tion for license should not be denied. In the event it is determined that the ap plication should be denied, the appli cant shall be precluded from re applying for a license for 1 year from the date of the order denying the appli cation. (Approved by the Office of Management and Budget under control number 0579–0065) [47 FR 49945, Nov. 3, 1982, as amended at 48 FR 57474, Dec. 30, 1983; 49 FR 14497, Apr. 12, 1984; 52 FR 4890, Feb. 18, 1987; 56 FR 26899, June 12, 1991; 66 FR 21064, Apr. 27, 2001] § 166.11 Suspension and revocation of licenses. (a) Suspension or revocation after no tice. In addition to the imposition of civil penalties and the issuance of cease and desist orders under the Act, the license of any facility may be sus pended or revoked for any violation of the Act or the regulations in this part. Before such action is taken, the li censee of the facility will be informed in writing of the reasons for the pro posed action and, upon request, shall be afforded an opportunity for a hear ing with respect to the merits or valid ity of such action, in accordance with VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 01025 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 1016 9 CFR Ch. I (1–1–18 Edition) § 166.12 1 The name and address of the Area Veteri narian in Charge may be obtained from the Veterinary Services, Operational Support, 4700 River Road, Unit 33, Riverdale, Mary land 20737–1231. rules of practice which shall be adopted for the proceeding. (b) Summary suspension. If the Admin istrator has reason to believe that any licensee has not complied or is not complying with any provisions of the Act or regulations in this part and the Administrator deems such action nec essary in order to protect the public health, interest, or safety, the Admin istrator may summarily suspend the li cense of such persons pending a final determination in formal proceedings and any judicial review thereof, effec tive upon verbal or written notice of such suspension and the reasons there for. In the event of verbal notification, written confirmation shall follow as soon as circumstances permit. This summary suspension shall continue in effect pending the completion of the proceeding and any judicial review thereof, unless otherwise ordered by the Administrator. (c) The license of a person shall be automatically revoked, without action of the Administrator, upon the final ef fective date of the second criminal con viction of such person, as is stated in section 5(c) of the Act. The licensee will be notified in writing of such rev ocation by the Area Veterinarian in Charge or, in States having primary enforcement responsibility, by the State animal health official. (d) Any person whose license has been suspended or revoked for any rea son shall not be licensed in such per son’s own name or in any other man ner, nor shall any of such person’s em ployees be licensed for the purpose of operating the facility owned or oper ated by said licensee while the order of suspension or revocation is in effect. Any person whose license has been re voked shall not be eligible to apply for a new license for a period of 1 year from the effective date of such revoca tion. Any person who desires the rein statement of a license that has been re voked must follow the procedure for new licensees set forth in § 166.10 of this part. [47 FR 49945, Nov. 3, 1982, as amended at 52 FR 4890, Feb. 18, 1987; 56 FR 26899, June 12, 1991] § 166.12 Cancellation of licenses. (a) The Area Veterinarian in Charge or, in States listed in § 166.15(d) of this part, the State animal health official shall cancel the license of a licensee when the Area Veterinarian in Charge or, in States listed in § 166.15(d) of this part, the State animal health official finds that no garbage has been treated for a period of 4 consecutive months at the facility operated by the licensee. Before such action is taken, the li censee of the facility will be informed in writing of the reasons for the pro posed action and be given an oppor tunity to respond in writing. In those instances where there is a conflict as to the facts, the licensee shall, upon re quest, be afforded a hearing in accord ance with rules of practice which shall be adopted for the proceeding. (b) Any licensee may voluntarily have his or her license canceled by re questing such cancellation in writing and sending such request to the Area Veterinarian in Charge, 1 or, in States listed in § 166.15(d) of this part, to the State animal health official. The Area Veterinarian in Charge or, in States listed in § 166.15(d) of this part, the State animal health official shall can cel such license and shall notify the li censee of the cancellation in writing. (c) Any person whose license is can celed in accordance with paragraph (a) or (b) of this section may apply for a new license at any time by following the procedure for obtaining a license set forth in § 166.10 of this part. [52 FR 4891, Feb. 18, 1987, as amended at 56 FR 26899, June 12, 1991; 59 FR 67618, Dec. 30, 1994] § 166.13 Licensee responsibilities. (a) A licensed facility shall be subject to inspections. Each inspector will be furnished with an official badge or identification card, either of which shall be sufficient identification to en title access during normal business hours to the facility for the purposes of inspection. At such time the inspector is duly authorized to: VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 01026 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 1017 Animal and Plant Health Inspection Service, USDA § 166.14 (1) Inspect the facility, including cooker function; (2) Take samples of garbage; (3) Observe and physically inspect the health status of all species of animals on the premises; (4) Review records and make copies of such records; and (5) Take photographs. A copy of each photograph will be provided to the li censee within 14 days. (b) A licensee shall notify an inspec tor immediately upon detection of ill ness or death not normally associated with the licensee’s operation in any animal species on the licensee’s prem ises. (c) A licensee shall notify an inspec tor or the State animal health official or the Area Veterinarian in Charge, as appropriate, of any change in the name, address, management or sub stantial control or ownership of his business or operation within 30 days after making such change. (d) A licensee shall supply, upon re quest by an inspector, information con cerning sources of garbage. Such infor mation shall include the dates of sup ply and the names and addresses of the person and/or organization from which the garbage was received. (Approved by the Office of Management and Budget under control number 0579–0065) [47 FR 49945, Nov. 3, 1982, as amended at 48 FR 57474, Dec. 30, 1983; 52 FR 4890, Feb. 18, 1987. Redesignated at 52 FR 4891, Feb. 18, 1987] § 166.14 Cleaning and disinfecting. (a) Disinfectants to be used. Disinfec tion required under the regulations in this Part shall be performed with one of the following: (1) A permitted brand of sodium orthophenylphenate that is used in ac cordance with directions on the Envi ronmental Protection Agency (EPA) approved label. (2) A permitted cresylic disinfectant that is used in accordance with direc tions on the EPA-approved label, pro vided such disinfectant also meets the requirements set forth in §§ 71.10(b) and 71.11 of this chapter. (3) Distinfectants which are reg istered under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), with tuberculocidal claims and labeled as efficacious against any species within the viral genus Herpes, that are used for pur poses of this Part in accordance with directions on the EPA-approved label. (b) All premises at which garbage has been fed to swine in violation of the Act or regulations in this part shall, prior to continued use for swine feeding purposes, be cleaned and disinfected under the supervision of an inspector or an accredited veterinarian as de fined in Part 160 of this chapter as fol lows: Empty all troughs and other feed ing and watering appliances, remove all litter, garbage, manure, and other organic material from the floors, posts, or other parts of such equipment, and handle such litter, garbage, manure, and other organic material in such manner as not to allow animal contact with such material; clean all surfaces with water and detergent and saturate the entire surface of the equipment, fencing, troughs, chutes, floors, walls, and all other parts of the facilities, with a disinfectant prescribed in para graph (a) of this section. An exemption to the requirements of this paragraph may be given by the Administrator or, in States with primary enforcement re sponsibility, by the State animal health official, when it is determined that a threat to the swine industry does not exist. (c) Any vehicle or other means of conveyance and its associated equip ment which has been used by the li censee to move garbage, except any ve hicle or other means of conveyance which also has been used to treat the garbage so moved, shall, prior to use for livestock-related or treated garbage hauling purposes, be cleaned and dis infected as follows: Remove all litter, garbage, manure, and other organic material from all portions of each means of conveyance, including all ledges and framework inside and out side, and handle such litter, garbage, manure, and other organic material in such manner as not to allow animal contact with such material; clean the interior and the exterior of such vehi cle or other means of conveyance and its associated equipment with water and detergent; and saturate the entire interior surface, including all doors, endgates, portable chutes, and similar VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 01027 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 1018 9 CFR Ch. I (1–1–18 Edition) § 166.15 equipment with a disinfectant pre scribed in paragraph (a) of this section. (d) The owner of such facilities and vehicles shall be responsible for clean ing and disinfecting as required under this section, and the cleaning and dis infecting shall be done without expense to the United States Department of Agriculture. [47 FR 49945, Nov. 3, 1982. Redesignated and amended at 52 FR 4891, Feb. 18, 1987; 56 FR 26899, June 12, 1991; 68 FR 6346, Feb. 7, 2003] § 166.15 State status. (a) The following States prohibit the feeding of garbage to swine: Alabama, Delaware, Georgia, Idaho, Illinois, Indi ana, Iowa, Kansas, Kentucky, Lou isiana, Mississippi, Nebraska, New York, North Dakota, Oregon, South Carolina, South Dakota, Tennessee, Virginia, and Wisconsin. (b) The following States and Puerto Rico permit the feeding of treated gar bage to swine: Alaska, Arizona, Arkan sas, California, Colorado, Connecticut, Florida, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Penn sylvania, Puerto Rico, Rhode Island, Texas, Utah, Vermont, Washington, West Virginia, and Wyoming. (c) The following States have pri mary enforcement responsibility under the Act: Alabama, Arizona, California, Colorado, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Michi gan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jer sey, New York, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wisconsin. (d) The following States issue li censes under cooperative agreements with the Animal and Plant Health In spection Service, but do not have pri mary enforcement responsibility under the Act: Maryland, Puerto Rico, Texas, and Washington. (e) The public may contact the Area Veterinarian in Charge, Animal and Plant Health Inspection Service, United States Department of Agiculture or State animal health offi cial, or the Animal and Plant Health Inspection Service, Veterinary Serv ices, Swine Health, 4700 River Road, Unit 37, Riverdale, Maryland 20737–1231, concerning the feeding of garbage to swine. [47 FR 49945, Nov. 3, 1982. Redesignated at 52 FR 4891, Feb. 18, 1987] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 166.15, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. PART 167—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE SWINE HEALTH PRO TECTION ACT Subpart A—General Sec. 167.1 Scope and applicability of rules of practice. Subpart B—Supplemental Rules of Practice 167.10 Stipulations. AUTHORITY: 7 U.S.C. 3804, 3805, and 3811; 7 CFR 2.22, 2.80, and 371.4. SOURCE: 48 FR 30095, June 30, 1983, unless otherwise noted. Subpart A—General § 167.1 Scope and applicability of rules of practice. The Uniform Rules of Practice for the Department of Agriculture promul gated in subpart H of part 1, subtitle A, title 7, Code of Federal Regulations, are the Rules of Practice applicable to adjudicatory, administrative pro ceedings under sections 5 and 6 of the Swine Health Protection Act (7 U.S.C. 3804, 3805). In addition, the Supple mental Rules of Practice set forth in subpart B of this part shall be applica ble to such proceedings. Subpart B—Supplemental Rules of Practice § 167.10 Stipulations. (a) At any time prior to the issuance of a complaint seeking a civil penalty under the Act, the Administrator, in his discretion, may enter into a stipu lation with any person in which: (1) The Administrator or the Admin istrator’s delegate gives notice of an VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 01028 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 1019 Animal and Plant Health Inspection Service, USDA § 167.10 apparent violation of the Act, or the regulations issued thereunder, by such person and affords such person an op portunity for a hearing regarding the matter as provided by the Act; (2) Such person expressly waives hearing and agrees to a specified order which may include an agreement to pay a specified penalty within a des ignated time; and (3) The Administrator agrees to ac cept the order in settlement of the par ticular matter conditioned upon timely payment of the penalty if the order in cludes an agreement to pay a penalty. (b) If the order includes an agreement to pay a penalty and the penalty is not paid within the time designated in such a stipulation, the amount of the pen alty shall not be relevant in any re spect to the penalty which may be as sessed after issuance of a complaint. PARTS 168–199 [RESERVED] VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 01029 Fmt 8010 Sfmt 8006 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B