Rinderpest, Foot-And-Mouth Disease, Newcastle Disease, Highly Pathogenic Avian Influenza, African Swine Fever, Classical Swine Fever, Swine Vesicular Disease, and Bovine Spongiform Encephalopathy. Prohibited and Restricted Importations (9 CFR 94.0-94.33)

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 a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 552 9 CFR Ch. I (1–1–18 Edition) § 94.0 Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service, of the United States Department of Agriculture (APHIS.) APHIS representative. An individual employed by Animal and Plant Health Inspection Service, United States De partment of Agriculture, who is au thorized to perform the function in volved. APHIS-defined EU Poultry Trade Re gion. The European Union Member States of Austria, Belgium, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lith uania, Luxembourg, Malta, the Nether lands, Poland, Portugal, Slovakia, Slo venia, Spain, Sweden, and the United Kingdom (England, Scotland, Wales, the Isle of Man, and Northern Ireland). APHIS-defined European CSF region. A single region of Europe recognized by APHIS as low risk for classical swine fever. (1) A list of areas included in the re gion 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. (2) APHIS will add an area to the re gion after it conducts an evaluation of the area to be added in accordance with § 92.2 of this subchapter and finds that the risk profile for the area is equiva lent with respect to classical swine fever to the risk profile for the region it is joining. Approved establishment means an es tablishment authorized by Veterinary Services for the receipt and handling of restricted imported animal carcasses, products, and byproducts. Authorized inspector. Any individual authorized by the Administrator of APHIS or the Commissioner of Cus toms and Border Protection, Depart ment of Homeland Security, to enforce the regulations in this part. Birds. All members of the class Aves (other than poultry or game birds). Bovine. Bos taurus, Bos indicus, and Bison bison. Bovine spongiform encephalopathy (BSE) minimal-risk region. A region that: (1) Maintains, and, in the case of re gions where BSE was detected, had in place prior to the detection of BSE in an indigenous ruminant, risk mitiga tion measures adequate to prevent widespread exposure and/or establish ment of the disease. Such measures in clude the following: (i) Restrictions on the importation of animals sufficient to minimize the pos sibility of infected ruminants being im ported into the region, and on the im portation of animal products and ani mal feed containing ruminant protein sufficient to minimize the possibility of ruminants in the region being ex posed to BSE; (ii) Surveillance for BSE at levels that meet or exceed recommendations of the World Organization for Animal Health (Office International des Epizooties) for surveillance for BSE; and (iii) A ruminant-to-ruminant feed ban that is in place and is effectively enforced. (2) In regions where BSE was de tected, conducted an epidemiological investigation following detection of BSE sufficient to confirm the adequacy of measures to prevent the further in troduction or spread of BSE, and con tinues to take such measures. (3) In regions where BSE was de tected, took additional risk mitigation measures, as necessary, following the BSE outbreak based on risk analysis of the outbreak, and continues to take such measures. Cold spot. The area in a flexible plas tic cooking tube or other type of con tainer loaded with meat product, or the areas at various points along the belt in an oven chamber, slowest to reach the required temperature during the cooking process. The cold spot(s) for each container is experimentally deter mined before the cooking process be gins, and once identified, remains con stant. Commercial birds. Birds that 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 00562 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 553 Animal and Plant Health Inspection Service, USDA § 94.0 birds, zoological birds, research birds, or performing or theatrical birds. 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. Contact. Known or potential commin gling of products during processing or storage, or while being transported from any point to any other point. Contact includes the simultaneous processing in the same room, locker, or container, but not necessarily the same storage facility or conveyance, as long as adequate security measures are taken to prevent commingling, as de termined by an authorized APHIS rep resentative. Container. For the purposes of § 94.1(c) and § 94.16(c), this term means a recep tacle, sometimes refrigerated, which is designed to be filled with cargo, sealed, and then moved, without unsealing or unloading, aboard a variety of different transporting carriers. Department. The United States De partment of Agriculture (USDA, De partment). Direct transloading. The transfer of cargo directly from one means of con veyance to another. Exporting region. A region from which shipments are sent to the United States. Farm equipment. Equipment used in the production of livestock or crops, including, but not limited to, mowers, harvesters, loaders, slaughter machin ery, agricultural tractors, farm en gines, farm trailers, farm carts, and farm wagons, but excluding auto mobiles and trucks. Flock of origin. The flock in which the eggs were produced. Food Safety and Inspection Service. The Food Safety and Inspection Serv ice (FSIS) of the United States Depart ment of Agriculture. FSIS inspector. An individual author ized by the Administrator, Food Safety and Inspection Service, United States Department of Agriculture, to perform the function involved. Game birds. Migratory birds, includ ing certain ducks, geese, pigeons, and doves (‘‘migratory’’ refers to seasonal flight to and from the United States); free-flying quail, wild grouse, wild pheasants (as opposed to those that are commercial, domestic, or pen-raised). 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. House. A structure, enclosed by walls and a roof, in which poultry are raised. Immediate export. The period of time determined by APHIS, based on ship ping routes and timetables, to be the shortest practicable interval of time between the arrival in the United States of an incoming carrier and the departure from the United States of an outgoing carrier, to transport a con signment of products. Import (imported, importation) into the United States. To bring into the terri torial limits of the United States. Indicator piece. A cube or slice of meat to be used for the pink juice test, required to meet minimum size speci fications. Mechanically separated meat. A finely comminuted product resulting from the mechanical separation and removal of most of the bone from attached skel etal muscle of bovine carcasses that meets the FSIS specifications con tained in 9 CFR 319.5. Newcastle disease. Newcastle disease is an acute, rapidly spreading, and usu ally fatal viral infection of poultry caused by an avian paramyxovirus serotype 1 that meets one of the fol lowing criteria for virulence: The virus VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00563 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 554 9 CFR Ch. I (1–1–18 Edition) § 94.0 has an intracerebral pathogenicity index (ICPI) in day-old chicks (Gallus gallus) of 0.7 or greater; or multiple basic amino acids have been dem onstrated in the virus (either directly or by deduction) at the C-terminus of the F2 protein and phenylalanine at residue 117, which is the N-terminus of the F1 protein. The term ‘‘multiple basic amino acids’’ refers to at least three arginine or lysine residues be tween residues 113 and 116. In this defi nition, amino acid residues are num bered from the N-terminus of the amino acid sequence deduced from the nucleotide sequence of the F0 gene; 113– 116 corresponds to residues ¥4 to ¥1 from the cleavage site. Failure to dem onstrate the characteristic pattern of amino acid residues as described above may require characterization of the isolated virus by an ICPI test. A failure to detect a cleavage site that is con sistent with virulent strains does not confirm the absence of a virulent virus. Operator. The operator responsible for the day-to-day operations of a facil ity. Personal use. Only for personal con sumption or display and not distrib uted further or sold. Pink juice test. Determination of whether meat has been thoroughly cooked by observation of whether the flesh and juices have lost all red and pink color. Port of arrival. Any place in the United States at which a product or ar ticle arrives, unless the product or ar ticle remains on the means of convey ance on which it arrived within the ter ritorial limits of the United States. Positive for a transmissible spongiform encephalopathy. A sheep or goat for which a diagnosis of a transmissible spongiform encephalopathy has been made. Poultry. Chickens, turkeys, swans, partridges, guinea fowl, pea fowl; non migratory ducks, geese, pigeons, and doves; commercial, domestic, or pen raised grouse, pheasants, and quail. 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. Premises of origin. The premises where the flock of origin is kept. 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. Region of origin. For meat and meat products, the region in which the ani mal from which the meat or meat prod ucts were derived was born, raised and slaughtered; and for eggs, the region in which the eggs were laid. Restricted zone for classical swine fever. An area, delineated by the relevant competent veterinary authorities of the region in which the area is located, that surrounds and includes the loca tion of an outbreak of classical swine fever in domestic swine or detection of the disease in wild boar, and from which the movement of domestic swine is prohibited. Ruminants. All animals that chew the cud, such as cattle, buffaloes, sheep, goats, deer, antelopes, camels, llamas and giraffes. Sentinel bird. A chicken that has been raised in an environment free of patho gens that cause communicable diseases of poultry and that has not been in fected with, exposed to, or immunized with any strain of virus that causes Newcastle disease. Specified risk materials (SRMs) from re gions of controlled risk for BSE. Those bovine parts considered to be at par ticular risk of containing the BSE agent in infected animals, as listed in the FSIS regulations at 9 CFR 310.22(a). Specified risk materials (SRMs) from re gions of undetermined risk for BSE. Those bovine parts considered to be at particular risk of containing the BSE agent in infected animals, as listed in the FSIS regulations at 9 CFR 310.22(a), except that the following bovine parts from regions of undetermined risk for BSE are considered SRMs if they are derived from bovines over 12 months of age: Brain, skull, eyes, trigeminal ganglia, spinal cord, vertebral column VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00564 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 555 Animal and Plant Health Inspection Service, USDA § 94.1 (excluding the vertebrae of the tail, the transverse processes of the thoracic and lumbar vertebrae, and the wings of the sacrum), and the dorsal root ganglia. State. Any of the several States of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States. 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. Temperature indicator device (TID). A precalibrated temperature-measuring instrument containing a chemical com pound activated at a specific tempera ture (the melting point of the chemical compound) identical to the processing temperature that must be reached by the meat being cooked. The Adminis trator will approve a TID for use after determining that the chemical com pound in the device is activated at the specific temperature required. Thoroughly cooked. Heated suffi ciently to inactivate any pathogen that may be present, as indicated by the required TID or pink juice test. United States. All of the 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 or area concerned. Wild swine. Any swine which are al lowed to roam outside an enclosure. [52 FR 33801, Sept. 8, 1987] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 94.0, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 94.1 Regions where rinderpest or foot-and-mouth disease exists; im portations prohibited. (a) APHIS considers rinderpest or foot-and-mouth disease to exist in all regions of the world except those de clared free of one or both of these dis eases by APHIS. (1) A list of regions that APHIS has declared free of rinderpest and a list of regions APHIS has declared free of foot and mouth disease are 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 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. (2) APHIS will add a region to the list of those it has declared free of rin derpest or foot-and-mouth disease, or both, after it conducts an evaluation of the region in accordance with § 92.2 of this subchapter and finds that the dis ease, or diseases, are not present. In the case of a region formerly on this list that is removed due to an out break, the region may be returned to the list in accordance with the proce dures for reestablishment of a region’s disease-free status in § 92.4 of this sub chapter. APHIS will remove a region from the list of those it has declared free of rinderpest or foot-and-mouth disease upon determining that the dis ease exists in the region based on re ports APHIS receives of outbreaks of the disease from veterinary officials of VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00565 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 556 9 CFR Ch. I (1–1–18 Edition) § 94.1 1 Importation of animals and meat includes bringing the animals or meat within the ter ritorial limits of the United States on a means of conveyance for use as sea stores or for other purposes. the exporting country, from the World Organization for Animal Health (OIE), or from other sources the Adminis trator determines to be reliable. (b) The importation of any ruminant or swine or any fresh (chilled or frozen) meat of any ruminant or swine 1 that originates in any region where rinder pest or foot-and-mouth disease exists, as designated in paragraph (a) of this section, or that enters a port in or oth erwise transits a region in which rin derpest or foot-and-mouth disease ex ists, is prohibited: (1) Except as provided in part 93 of this chapter for wild ruminants and wild swine; (2) Except as provided in paragraph (d) of this section for fresh (chilled or frozen) meat of ruminants or swine that is otherwise eligible for importa tion under this part but that enters a port or otherwise transits a region where rinderpest or foot-and-mouth disease exists; and (3) Except as provided in § 94.4 of this part for cooked or cured meat from re gions where rinderpest or foot-and mouth disease exists. (4) Except as provided in § 94.29 for fresh (chilled or frozen) beef and ovine meat. (c) The importation of any used farm equipment that originates in any re gion where rinderpest or foot-and mouth disease exists, as designated in paragraph (a) of this section, is prohib ited, unless the equipment is accom panied by an original certificate signed by an authorized official of the na tional animal health service of the ex porting region that states that the equipment, after its last use and prior to export, was steam-cleaned free of all exposed dirt and other particulate mat ter. Such farm equipment is subject to APHIS inspection at the port of ar rival. If it is found during such inspec tion to contain any exposed dirt or other particulate matter, it will be de nied entry into the United States, un less, in the judgment of the APHIS in spector, the amount of exposed soil is minimal enough to allow cleaning at the port of arrival, and there are ade quate facilities and personnel at the port to conduct such cleaning without risk of disease contamination. (d) Except as otherwise provided in this part, fresh (chilled or frozen) meat of ruminants or swine raised and slaughtered in a region free of foot and-mouth disease and rinderpest, as designated in paragraph (a) of this sec tion, and fresh (chilled or frozen) beef and ovine meat exported in accordance with § 94.29, which during shipment to the United States enters a port or oth erwise transits a region where rinder pest or foot-and-mouth disease exists, may be imported provided that all of the following conditions are met: (1) The meat is accompanied by the foreign meat inspection certificate re quired by § 327.4 of this title and, upon arrival of the meat in the United States, the foreign meat inspection certificate is presented to an author ized inspector at the port of arrival; (2) The meat is placed in the trans porting carrier in a hold, compartment, or, if the meat is containerized, in a container that which was sealed in the region of origin by an official of such region with serially numbered seals ap proved by APHIS, so as to prevent con tact of the meat with any other cargo, handling of the meat after the hold, compartment, or container is sealed, and the loading of any cargo into and the removal of any cargo from the sealed hold, compartment, or container en route to the United States; (3) If any foreign official breaks a seal applied in the region of origin in order to inspect the meat, he or she then reseals the hold, compartment, or container with a new serially num bered seal; and, if any member of a ship’s crew breaks a seal, the serial number of the seal, the location of the seal, and the reason for breaking the seal are recorded in the ship’s log. (4) The serial numbers of the seals used to seal the hold, compartment, or container are recorded on the foreign meat inspection certificate which ac companies the meat; (5) Upon arrival of the carrier in the United States port of arrival, the seals are found by an APHIS representative to be intact, and the representative VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00566 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 557 Animal and Plant Health Inspection Service, USDA § 94.4 finds that there is no evidence indi cating that any seal has been tampered with; Provided that, if the representa tive finds that any seal has been bro ken or has a different number than is recorded on the foreign meat inspec tion certificate, then the meat may re main eligible for entry into the United States only if APHIS personnel are available to inspect the hold, compart ment, or container, the packages of meat, and all accompanying docu mentation; and the importer furnishes additional documentation (either cop ies of pages from the ship’s log signed by the officer-in-charge, or certifi cation from a foreign government that the original seal was removed and the new seal applied by officials of that government) that demonstrates to the satisfaction of the Administrator that the meat was not contaminated or ex posed to contamination during move ment from the region of origin to the United States; and (6) The meat is found by an author ized inspector to be as represented on the foreign meat inspection certificate. (Approved by the Office of Management and Budget under control numbers 0579–0015 and 0579–0195) [30 FR 12118, Sept. 23, 1965] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 94.1, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 94.2 Fresh (chilled or frozen) prod ucts (other than meat), and milk and milk products of ruminants and swine. (a) The importation of fresh (chilled or frozen) products (other than meat and milk and milk products) derived from ruminants or swine, originating in, shipped from, or transiting any re gion designated in § 94.1(a) as a region affected with rinderpest or foot-and mouth disease is prohibited, except as provided in § 94.3 and parts 95 and 96 of this chapter. (b) The importation of milk and milk products of ruminants and swine origi nating in, shipped from, or transiting any region designated in § 94.1(a) as a region affected with rinderpest or foot and-mouth disease is prohibited, except as provided in § 94.16. [40 FR 44123, Sept. 25, 1975, as amended at 62 FR 56022, Oct. 28, 1997; 77 FR 1392, Jan. 10, 2012] § 94.3 Organs, glands, extracts, or se cretions of ruminants or swine. The importation of fresh (chilled or frozen) organs, glands, extracts, or se cretions derived from ruminants or swine, originating in any region where rinderpest or foot-and-mouth disease exists, as designated in § 94.1, except for pharmaceutical or biological purposes under conditions prescribed by the Ad ministrator in each instance, is prohib ited. [28 FR 5980, June 13, 1963, as amended at 53 FR 48520, Dec. 1, 1988; 62 FR 56022, Oct. 28, 1997; 63 FR 67574, Dec. 8, 1998] § 94.4 Cured or cooked meat from re gions where rinderpest or foot-and mouth disease exists. (a) The importation of cured meats derived from ruminants or swine, origi nating in any region where rinderpest or foot-and-mouth disease exists, as designated in § 94.1, is prohibited unless the following conditions have been ful filled: (1) All bones shall have been com pletely removed in the region of origin. (2) The meat shall have been held in an unfrozen, fresh condition for at least 3 days immediately following the slaughter of the animals from which it was derived. (3)(i) The meat shall have been thor oughly cured and fully dried in such manner that it may be stored and han dled without refrigeration, as in the case of salami and other summer sau sages, tasajo, xarque, or jerked beef, bouillon cubes, dried beef, and West phalia, Italian and similar type hams. The term ‘‘fully dried’’ as used in this paragraph means dried to the extent that the water-protein ratio in the wet test portion of the product does not ex ceed 2.25 to 1. (ii) Laboratory analysis of samples to determine the water-protein ratios will not be made in the case of all ship ments of cured and dried meats. How ever, in any case in which the inspector VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00567 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 558 9 CFR Ch. I (1–1–18 Edition) § 94.4 is uncertain whether the meat com plies with the requirements of para graph (a)(3)(i) of this section, he will send a sample of the meat representa tive of the wettest portion to the Meat Inspection Division for analysis of the water-protein ratio. Pending such anal ysis the meat shall not be released or removed from the port of arrival. (4) The cured meat shall be accom panied by a certificate issued by an of ficial of the national government of the region of origin who is authorized to issue the foreign meat inspection certificate required by § 327.4 of this title, stating that such meat has been prepared in accordance with para graphs (a)(1), (a)(2) and (a)(3)(i) of this section. Upon arrival of the cured meat in the United States, the certificate must be presented to an authorized in spector at the port of arrival. (b) The importation of cooked meats from ruminants or swine originating in any region where rinderpest or foot and-mouth disease exists, as designated in § 94.1, is prohibited, except as pro vided in this section. (1) The cooked meat must be boneless and must be thoroughly cooked. (2) The cooked meat must have been prepared in an establishment that is el igible to have its products imported into the United States under the Fed eral Meat Inspection Act (21 U.S.C. 601 et seq.) and the regulations in 9 CFR 327.2; must meet all other applicable requirements of the Federal Meat In spection Act and regulations there under (9 CFR Chapter III); and must have been approved by the Adminis trator in accordance with paragraph (c) of this section. (3) Canned product (canned meat), as defined in § 318.300(d) of this chapter, is exempt from the requirements in this section. (4) Ground meat cooked in an oven. Ground meat must be shaped into pat ties no larger than 5 inches in diameter and 1-inch thick. Each patty must weigh no more than 115 grams, with fat content no greater than 30 percent. These patties must be broiled at 210 °C for at least 133 seconds, then cooked in moist heat (steam heat) in a contin uous, belt-fed oven for not less than 20 minutes, to yield an internal exit tem perature of at least 99.7 °C, as measured by temperature indicator devices (TID’s) placed in temperature monitor patties positioned, before the belt starts moving through the oven, on each of the predetermined cold spots along the oven belt. TID’s must be used at the beginning of each processing run. (5) Meat cooked in tubes. Ground meat (which must not include cardiac mus cle), cubes of meat, slices of meat, or anatomical cuts of meat (cuts taken from the skeletal muscle tissue) weigh ing no more than 5 kg (11.05 lbs) must be loaded into a flexible or semiflexible cooking tube constructed of plastic or other material approved by the U.S. Food and Drug Administration. The meat must then be cooked in either boiling water or in a steam-fed oven, in either a batch cooker or a continuous cooker, to reach a minimum internal temperature of 79.4 °C (175 °F) at the cold spot after cooking for at least 1.75 hours. Thoroughness of cooking must be determined by a TID registering the target temperature at the cold spot, or by the pink juice test as follows: (i) Cubes of meat and ground meat. For cubes of meat, at least 50 percent of meat pieces per tube must be 3.8 cm (1.5 in) or larger in each dimension after cooking or, if more than 50 per cent of the cubes of meat pieces per tube are smaller than 3.8 cm (1.5 in) in any dimension after cooking, or if the meat is ground meat, an indicator piece consisting of a single piece of meat of sufficient size for a pink juice test to be performed (3.8 cm (1.5 in) or larger in each dimension after cooking) must have been placed at the cold spot of the tube. (ii) Slices of meat. At least 50 percent of the slices of meat must be 3.8 cm (1.5 in) or larger in each dimension after cooking or, if more than 50 percent of meat pieces are smaller than 3.8 cm (1.5 in) in any dimension after cooking, an indicator piece of sufficient size for a pink juice test to be performed (3.8 cm (1.5 in) or larger in each dimension after cooking) must be placed at the cold spot of the tube. (iii) Anatomical cuts of meat. An indi cator piece removed from an anatom ical cut of meat after cooking must be removed from the center of the cut, farthest from all exterior points and be VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00568 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 559 Animal and Plant Health Inspection Service, USDA § 94.4 3.8 cm (1.5 in) or larger in each dimen sion for performance of the pink juice test. (6) Further processing of meat cooked in tubes. Cubes of meat, slices of meat, or anatomical cuts of meat (cuts taken from the skeletal muscle tissue) cooked in tubes in accordance with paragraph (b)(5) of this section may be processed further after cooking if the following provisions are met: (i) For meat that is cooked and is in tended for further processing, up to two tubes from each batch per cooker must be randomly selected by the offi cial of the National Government of the region of origin who is authorized to issue the meat inspection certificate required by § 327.4 of this title. If a TID is not used, a cylindrical or square piece of at least 3.8 cm (1.5 in) in each dimension must be cut from the cold spot of each tube. The cylindrical or square piece will be the indicator piece for the pink juice test. The indicator piece or piece containing the TID must be sealed in plastic or other material approved by the U.S. Food and Drug Administration, and be accompanied by a certificate issued by the official who selected the tube. The certificate must provide the date the tube was cooked and the cooker and batch num ber, and the date the tube was selected for sampling. Each batch per cooker must have at least one but no more than two indicator pieces or pieces con taining TID’s. All indicator pieces and pieces containing TID’s must be indi vidually sealed, properly labeled, and enclosed together in one sealed box that accompanies the shipment. Any indicator pieces or pieces containing TID’s that are not used to accompany a shipment to the United States must be destroyed following loading of the batch into a container; and (ii) After removing the indicator piece or piece containing a TID, all re maining meat from the same batch may be cut into smaller cubes and sealed in plastic or other material ap proved by the U.S. Food and Drug Ad ministration. After being processed into smaller cubes once, the meat may not be further processed before ship ment to the United States. The cubes of meat and the indicator piece or piece containing a TID must be accom panied to the United States by a cer tificate as provided in paragraph (b)(8) of this section. (7) Any TID used in accordance with paragraph (b)(4) or (b)(5) of this section must remain in the meat, as originally inserted, and must accompany the cooked meat whose temperature it has gauged when that meat is shipped to the United States. (8) Pork rind pellets (pork skins). Pork rind pellets (pork skins) must be cooked in one of the following ways: (i) One-step process. The pork skins must be cooked in oil for at least 80 minutes when oil temperature is con sistently maintained at a minimum of 114 °C. (ii) Two-step process. The pork skins must be dry-cooked at 260 °C for ap proximately 210 minutes after which they must be cooked in hot oil (deep fried) at 104 °C for an additional 150 minutes. (9) Certificate. (i) The cooked meat must be accompanied by a certificate issued by an official of the National Government of the region of origin who is authorized to issue the foreign meat inspection certificate required under § 327.4 of this title, stating: ‘‘This cooked meat produced for export to the United States meets the requirements of title 9, Code of Federal Regulations, § 94.4(b).’’ Upon arrival of the cooked meat in the United States, the certifi cate must be presented to an author ized inspector at the port of arrival. (ii) For cooked meat that is further processed in accordance with para graph (b)(6) of this section, the certifi cate must include the following state ment, in addition to the certification required under paragraph (b)(9)(i) of this section: ‘‘No more than two tubes were randomly selected per batch per cooker for cutting an indicator piece or obtaining a piece containing a TID. The indicator piece or piece containing a TID represents a shipment of (de scribe form of processed product—e.g., diced cubes of a particular size). A piece containing a TID or a piece 3.8 cm (1.5 in) or larger in each dimension was cut from the cold spot of the tube, and was sealed and marked with the following cooking date, cooker, and batch: lllll and the following date of selection of the tubelllll. The VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00569 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 560 9 CFR Ch. I (1–1–18 Edition) § 94.4 2 The names and addresses of approved de frost facilities and conditions for approval may be obtained from the Administrator, Animal and Plant Health Inspection Service, United States Department of Agriculture, Washington, DC 20250. 3 Conditions for the approval of any defrost facility by the Food Safety and Inspection Service, United States Department of Agri culture, may be obtained from the Import In spection Division, International Programs, Food Safety and Inspection Service, United States Department of Agriculture, Wash ington, DC 20250. total number of indicator pieces or pieces containing TID’s enclosed in a sealed box islllll.’’ (10) The meat is inspected by an FSIS inspector at a port of arrival in a de frost facility approved by the Adminis trator 2 and the meat is found to be thoroughly cooked. (i) Request for approval of any de frost facility must be made to the Ad ministrator. The Administrator will approve a defrost facility only under the following conditions: (A) The defrost facility has equip ment and procedures that permit FSIS inspectors to determine whether meat is thoroughly cooked; (B) The defrost facility is located at a port of arrival; and (C) The defrost facility is approved by the Food Safety and Inspection Service, United States Department of Agriculture. 3 (ii) The Administrator may deny ap proval of any defrost facility if the Ad ministrator determines that the de frost facility does not meet the condi tions for approval. If approval is de nied, the operator of the defrost facil ity will be informed of the reasons for denial and be given an opportunity to respond. The operator will be afforded an opportunity for a hearing with re spect to any disputed issues of fact. The hearing will be conducted in ac cordance with rules of practice that will be adopted for the proceeding. (iii) The Administrator may with draw approval of any defrost facility as follows: (A) When the operator of the defrost facility notifies the Adminis trator in writing that the defrost facil ity no longer performs the required services; or (B) when the Administrator determines that the defrost facility does not meet the conditions for ap proval. Before the Administrator with draws approval from any defrost facil ity, the operator of the defrost facility will be informed of the reasons for the proposed withdrawal and given an op portunity to respond. The operator will be afforded a hearing with respect to any disputed issues of fact. The hearing will be conducted in accordance with rules of practice that will be adopted for the proceeding. If approval of a de frost facility is withdrawn, the Admin istrator will remove its name from the list of approved defrost facilities. (c) Meat processing establishment; standards. (1) Before the Administrator will approve a meat processing estab lishment for export shipment of cooked meat to the United States, the Admin istrator must determine: (i) That the meat processing estab lishment has furnished APHIS with a description of the process used to inac tivate rinderpest or FMD virus that may be present in meat intended for export to the United States, and with blueprints of the facilities where this meat is cooked and packaged; (ii) That an APHIS representative has inspected the establishment and found that it meets the standards set forth in paragraph (c)(2) of this section; (iii) That the operator of the estab lishment has signed a cooperative serv ice agreement with APHIS, stating: (A) That all cooked meat processed for im portation into the United States will be processed in accordance with the re quirements of this part; (B) that a full time, salaried meat inspection official of the National Government of the ex porting region will supervise the proc essing (including certification of the cold spot) and examination of the prod uct, and certify that it has been proc essed in accordance with this section; and (C) that APHIS personnel or other persons authorized by the Adminis trator may enter the establishment, unannounced, to inspect the establish ment and its records; and (iv) That the operator of the estab lishment has entered into a trust fund agreement with APHIS and is current in paying all costs for an APHIS rep resentative to inspect the establish ment for initial evaluation, and peri odically thereafter, including travel, salary, subsistence, administrative VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00570 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 561 Animal and Plant Health Inspection Service, USDA § 94.5 overhead, and other incidental ex penses (including an excess baggage provision up to 150 pounds). In accord ance with the terms of the trust fund agreement, before the APHIS rep resentative’s site inspection, the oper ator of the processing establishment must deposit with the Administrator an amount equal to the approximate cost of one inspection by an APHIS representative, including travel, sal ary, subsistence, administrative over head, and other incidental expenses (in cluding an excess baggage provision up to 150 pounds). As funds from that amount are obligated, a bill for costs incurred based on official accounting records will be issued, to restore the deposit to the original level, revised as necessary to allow for inflation or other changes in estimated costs. To be current, bills must be paid within 14 days of receipt. (2) Establishment. An APHIS rep resentative will conduct an on-site evaluation, and subsequent inspec tions, as provided in § 94.4(c)(1), to de termine whether the following condi tions are met: (i) The facilities used for processing cooked meat in the meat processing es tablishment are separate from the fa cilities used for processing raw meat (precooking, boning, preparation, and curing), with only the through-the-wall cooking system through which the meat product is delivered at the end of the cooking cycle connecting them; and there is at all times a positive air flow from the cooked to the raw prod uct side; (ii) The cooking equipment has the capacity to cook all meat pieces in ac cordance with § 94.4(b)(4) or (b)(5); (iii) Workers who process cooked meat are at all times kept separate from workers who process raw meat, and have, for their exclusive use: A sep arate entrance, dining area, toilets, lavatories with cold and hot water, soap, disinfectants, paper towels, clothes hampers and waste baskets for disposal, and changing rooms stocked with the clean clothing and rubber boots into which all persons must change upon entering the establish ment. Workers and all other persons entering the establishment must wash their hands and change into the clean clothing and boots provided in the changing rooms before entering the cooking facilities, and must leave this clothing for laundering and dis infecting before exiting from the estab lishment, regardless of the amount of time spent inside or away from the es tablishment; (iv) Original records identifying the slaughtering facility from which the meat was obtained and the date the meat entered the meat processing es tablishment, and original certification (including temperature recording charts and graphs), must be kept for all cooked meat by the full-time salaried meat inspection official of the National Government of the exporting region as signed to the establishment, and must be retained for 2 years. (Approved by the Office of Management and Budget under control number 0579–0015) [28 FR 5980, June 13, 1963] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 94.4, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 94.5 Regulation of certain garbage. (a) General restrictions—(1) Interstate movements of garbage from Hawaii and U.S. territories and possessions to the con tinental United States. Hawaii, Puerto Rico, American Samoa, the Common wealth of the Northern Mariana Is lands, the Federated States of Micro nesia, Guam, the U.S. Virgin Islands, Republic of the Marshall Islands, and the Republic of Palau are hereby quar antined, and the movement of garbage therefrom to any other State is hereby prohibited except as provided in this section in order to prevent the intro duction and spread of exotic plant pests and diseases. (2) Imports of garbage. In order to pro tect against the introduction of exotic animal and plant pests, the importa tion of garbage from all foreign coun tries except Canada is prohibited ex cept as provided in paragraph (c)(2) of this section. (b) Definitions—Agricultural waste. By products generated by the rearing of animals and the production and har vest of crops or trees. Animal waste, a large component of agricultural waste, VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00571 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 562 9 CFR Ch. I (1–1–18 Edition) § 94.5 includes waste (e.g., feed waste, bed ding and litter, and feedlot and pad dock runoff) from livestock, dairy, and other animal-related agricultural and farming practices. Approved facility. A facility approved by the Administrator, Animal and Plant Health Inspection Service, upon his determination that it has equip ment and uses procedures that are ade quate to prevent the dissemination of plant pests and livestock or poultry diseases, and that it is certified by an appropriate Government official as currently complying with the applica ble laws for environmental protection. Approved sewage system. A sewage sys tem approved by the Administrator, Animal and Plant Health Inspection Service, upon his determination that the system is designed and operated in such a way as to preclude the discharge of sewage effluents onto land surfaces or into lagoons or other stationary wa ters, and otherwise is adequate to pre vent the dissemination of plant pests and livestock or poultry diseases, and that is certified by an appropriate Gov ernment official as currently com plying with the applicable laws for en vironmental protection. Carrier. The principal operator of a means of conveyance. Continental United States. The 49 States located on the continent of North America and the District of Co lumbia. Garbage. All waste material that is derived in whole or in part from fruits, vegetables, meats, or other plant or animal (including poultry) material, and other refuse of any character what soever that has been associated with any such material. Incineration. To reduce garbage to ash by burning. Inspector. A properly identified em ployee of the U.S. Department of Agri culture or other person authorized by the Department to enforce the provi sions of applicable statutes, quar antines, and regulations. Interstate. From one State into or through any other State. Person. Any individual, corporation, company, association, firm, partner ship, society, or joint stock company. Shelf-stable. The condition achieved in a product, by application of heat, alone or in combination with other in gredients and/or other treatments, of being rendered free of microorganisms capable of growing in the product under nonrefrigerated conditions (over 50 °F or 10 °C). Sterilization. Cooking garbage at an internal temperature of 212 °F for 30 minutes. Stores. The food, supplies, and other provisions carried for the day-to-day operation of a conveyance and the care and feeding of its operators. Yard waste. Solid waste composed predominantly of grass clippings, leaves, twigs, branches, and other gar den refuse. (c) Garbage generated onboard a con veyance—(1) Applicability. This section applies to garbage generated onboard any means of conveyance during inter national or interstate movements as provided in this section and includes food scraps, table refuse, galley refuse, food wrappers or packaging materials, and other waste material from stores, food preparation areas, passengers’ or crews’ quarters, dining rooms, or any other areas on the means of convey ance. This section also applies to meals and other food that were available for consumption by passengers and crew on an aircraft but were not consumed. (i) Not all garbage generated onboard a means of conveyance is regulated for the purposes of this section. Garbage regulated for the purposes of this sec tion is defined as ‘‘regulated garbage’’ in paragraphs (c)(2) and (c)(3) of this section. (ii) Garbage that is commingled with regulated garbage is also regulated gar bage. (2) Garbage regulated because of move ments outside the United States or Can ada. For purposes of this section, gar bage on or removed from a means of conveyance is regulated garbage, if, when the garbage is on or removed from the means of conveyance, the means of conveyance has been in any port outside the United States and Canada within the previous 2-year pe riod. There are, however, two excep tions to this provision. These excep tions are as follows: (i) Exception 1: Aircraft. Garbage on or removed from an aircraft is exempt from requirements under paragraph VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00572 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 563 Animal and Plant Health Inspection Service, USDA § 94.5 (c)(4) of this section if the following conditions are met when the garbage is on or removed from the aircraft: (A) The aircraft had previously been cleared of all garbage and of all meats and meat products, whatever the coun try of origin, except meats that are shelf-stable; all fresh and condensed milk and cream from countries des ignated in § 94.1 as those in which foot and-mouth disease exists; all fresh fruits and vegetables; and all eggs; and the items previously cleared from the aircraft as prescribed by this paragraph have been disposed of according to the procedures for disposing of regulated garbage, as specified in paragraphs (c)(4)(ii) and (c)(4)(iii) of this section. (B) After the garbage and stores re ferred to in paragraph (c)(2)(i)(A) of this section were removed, the aircraft has not been in a non-Canadian foreign port. (ii) Exception 2: Other conveyances. Garbage on or removed in the United States from a means of conveyance other than an aircraft is exempt from requirements under paragraph (c)(4) of this section if the following conditions are met when the garbage is on or re moved from the means of conveyance: (A) The means of conveyance is ac companied by a certificate from an in spector stating the following: (1) That the means of conveyance had previously been cleared of all garbage and of all meats and meat products, whatever the country of origin, except meats that are shelf-stable; all fresh and condensed milk and cream from countries designated in § 94.1 as those in which foot-and-mouth disease exists; all fresh fruits and vegetables; and all eggs; and the items previously cleared from the means of conveyance as pre scribed by this paragraph have been disposed of according to the procedures for disposing of regulated garbage, as specified in paragraphs (c)(4)(ii) and (c)(4)(iii) of this section. (2) That the means of conveyance had then been cleaned and disinfected in the presence of the inspector; and (B) Since being cleaned and dis infected, the means of conveyance has not been in a non-Canadian foreign port. (3) Garbage regulated because of certain movements to or from Hawaii, territories, or possessions. For purposes of this sec tion, garbage on or removed from a means of conveyance is regulated gar bage, if at the time the garbage is on or removed from the means of convey ance, the means of conveyance has moved during the previous 1-year pe riod, either directly or indirectly, to the continental United States from any territory or possession or from Hawaii, to any territory or possession from any other territory or possession or from Hawaii, or to Hawaii from any terri tory or possession. There are, however, two exceptions to this provision. These exceptions are as follows: (i) Exception 1: Aircraft. Garbage on or removed from an aircraft is exempt from requirements under paragraph (c)(4) of this section if the following two conditions are met when the gar bage is on or removed from the air craft: (A) The aircraft had been previously cleared of all garbage and all fresh fruits and vegetables, and the items previously cleared from the aircraft as prescribed by this paragraph have been disposed of according to the procedures for disposing of regulated garbage, as specified in paragraphs (c)(4)(ii) and (c)(4)(iii) of this section. (B) After the garbage and stores re ferred to in paragraph (c)(3)(i)(A) of this section were removed, the aircraft has not moved to the continental United States from any territory or possession or from Hawaii, to any ter ritory or possession from any other territory or possession or from Hawaii, or to Hawaii from any territory or pos session. (ii) Exception 2: Other conveyances. Garbage on or removed from a means of conveyance other than an aircraft is exempt from requirements under para graph (c)(4) of this section if the fol lowing two conditions are met when the garbage is on or removed from the means of conveyance: (A) The means of conveyance is ac companied by a certificate from an in spector stating that the means of con veyance had been cleared of all garbage and all fresh fruits and vegetables, and the items previously cleared from the means of conveyance as prescribed by this paragraph have been disposed of VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00573 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 564 9 CFR Ch. I (1–1–18 Edition) § 94.5 according to the procedures for dis posing of regulated garbage, as speci fied in paragraphs (c)(4)(ii) and (c)(4)(iii) of this section. (B) After being cleared of the garbage and stores referred to in paragraph (c)(3)(ii)(A) of this section, the means of conveyance has not moved to the continental United States from any territory or possession or from Hawaii; to any territory or possession from any other territory or possession or from Hawaii; or to Hawaii from any terri tory or possession. (4) Restrictions on regulated garbage. (i) Regulated garbage may not be dis posed of, placed on, or removed from a means of conveyance except in accord ance with this section. (ii) Regulated garbage is subject to general surveillance for compliance with this section by inspectors and to disposal measures authorized by the Plant Protection Act and the Animal Health Protection Act to prevent the introduction and dissemination of pests and diseases of plants and live stock. (iii) All regulated garbage must be contained in tight, covered, leak-proof receptacles during storage on board a means of conveyance while in the terri torial waters, or while otherwise with in the territory of the United States. All such receptacles shall be contained inside the guard rail if on a watercraft. Such regulated garbage shall not be unloaded from such means of convey ance in the United States unless such regulated garbage is removed in tight, covered, leak-proof receptacles under the direction of an inspector to an ap proved facility for incineration, steri lization, or grinding into an approved sewage system, under direct super vision by such an inspector, or such regulated garbage is removed for other handling in such manner and under such supervision as may, upon request in specific cases, be approved by the Administrator as adequate to prevent the introduction and dissemination of plant pests and animal diseases and sufficient to ensure compliance with applicable laws for environmental pro tection. Provided that, a cruise ship may dispose of regulated garbage in landfills at Alaskan ports only, if and only if the cruise ship does not have prohibited or restricted meat or animal products on board at the time it enters Alaskan waters for the cruise season, and only if the cruise ship, except for incidental travel through international waters necessary to navigate safely be tween ports, remains in Canadian and U.S. waters off the west coast of North America, and calls only at continental U.S. and Canadian ports during the en tire cruise season. (A) Application for approval of a fa cility or sewage system may be made in writing by the authorized represent ative of any carrier or by the official having jurisdiction over the port or place of arrival of the means of convey ance to the Administrator, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Wash ington, DC 20250. The application must be endorsed by the operator of the fa cility or sewage system. (B) Approval will be granted if the Administrator determines that the re quirements set forth in this section are met. Approval may be denied or with drawn at any time, if the Adminis trator determines that such require ments are not met, after notice of the proposed denial or withdrawal of the approval and the reasons therefor, and an opportunity to demonstrate or achieve compliance with such require ments, has been afforded to the oper ator of the facility or sewage system and to the applicant for approval. How ever, approval may also be withdrawn without such prior procedure in any case in which the public health, inter est, or safety requires immediate ac tion, and in such case, the operator of the facility or sewage system and the applicant for approval shall promptly thereafter be given notice of the with drawal and the reasons therefore and an opportunity to show cause why the approval should be reinstated. (iv) The Plant Protection and Quar antine Programs and Veterinary Serv ices, Animal, and Plant Health Inspec tion Service, will cooperate with other Federal, State, and local agencies re sponsible for enforcing other statutes and regulations governing disposal of the regulated garbage to the end that such disposal shall be adequate to pre vent the dissemination of plant pests and livestock or poultry diseases and VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00574 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 565 Animal and Plant Health Inspection Service, USDA § 94.5 comply with applicable laws for envi ronmental protection. The inspectors, in maintaining surveillance over regu lated garbage movements and disposal, shall coordinate their activities with the activities of representatives of the U.S. Environmental Protection Agency and other Federal, State, and local agencies also having jurisdiction over such regulated garbage. (d) Garbage generated in Hawaii—(1) Applicability. This section applies to garbage generated in households, com mercial establishments, institutions, and businesses prior to interstate movement from Hawaii, and includes used paper, discarded cans and bottles, and food scraps. Such garbage includes, and is commonly known as, municipal solid waste. (i) Industrial process wastes, mining wastes, sewage sludge, incinerator ash, or other wastes from Hawaii that the Administrator determines do not pose risks of introducing animal or plant pests or diseases into the continental United States are not regulated under this section. (ii) The interstate movement from Hawaii to the continental United States of agricultural wastes and yard waste (other than incidental amounts (less than 3 percent) that may be present in municipal solid waste de spite reasonable efforts to maintain source separation) is prohibited. (iii) Garbage generated onboard any means of conveyance during interstate movement from Hawaii is regulated under paragraph (c) of this section. (2) Restrictions on interstate movement of garbage. The interstate movement of garbage generated in Hawaii to the continental United States is regulated as provided in this section. (i) The garbage must be processed, packaged, safeguarded, and disposed of using a methodology that the Adminis trator has determined is adequate to prevent the introduction and dissemi nation of plant pests into noninfested areas of the United States. (ii) The garbage must be moved under a compliance agreement in accordance with paragraph (e) of this section. APHIS will only enter into a compli ance agreement when the Adminis trator is satisfied that the Agency has first satisfied all its obligations under the National Environmental Policy Act and all applicable Federal and State statutes to fully assess the impacts as sociated with the movement of garbage under the compliance agreement. (iii) All such garbage moved inter state from Hawaii to any of the conti nental United States must be moved in compliance with all applicable laws for environmental protection. (e) Compliance agreement and cancella tion—(1) Any person engaged in the business of handling or disposing of garbage in accordance with this section must first enter into a compliance agreement with the Animal and Plant Health Inspection Service (APHIS). Compliance agreement forms (PPQ Form 519) are available without charge from local USDA/APHIS/Plant Protec tion and Quarantine offices, which are listed in telephone directories. (2) A person who enters into a com pliance agreement, and employees or agents of that person, must comply with the following conditions and any supplemental conditions which are list ed in the compliance agreement, as deemed by the Administrator to be necessary to prevent the introduction and dissemination into or within the United States of plant pests and live stock or poultry diseases: (i) Comply with all applicable provi sions of this section; (ii) Allow inspectors access to all records maintained by the person re garding handling or disposal of gar bage, and to all areas where handling or disposal of garbage occurs; (iii)(A) If the garbage is regulated under paragraph (c) of this section, re move garbage from a means of convey ance only in tight, covered, leak-proof receptacles; (B) If the garbage is regulated under paragraph (d) of this section, transport garbage interstate in sealed, leak-proof packaging approved by the Adminis trator; (iv) Move the garbage only to a facil ity approved by the Administrator; and (v) At the approved facility, dispose of the garbage in a manner approved by the Administrator and described in the compliance agreement. (3) Approval for a compliance agree ment may be denied at any time if the VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00575 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 566 9 CFR Ch. I (1–1–18 Edition) § 94.6 Administrator determines that the ap plicant has not met or is unable to meet the requirements set forth in this section. Prior to denying any applica tion for a compliance agreement, APHIS will provide notice to the appli cant thereof, and will provide the ap plicant with an opportunity to dem onstrate or achieve compliance with requirements. (4) Any compliance agreement may be canceled, either orally or in writing, by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with this section. If the cancellation is oral, the cancella tion and the reasons for the cancella tion will be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may appeal the deci sion, in writing, within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compli ance agreement was wrongfully can celed. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. This administra tive remedy must be exhausted before a person can file suit in court chal lenging the cancellation of a compli ance agreement. (5) Where a compliance agreement is denied or canceled, the person who en tered into or applied for the compli ance agreement may be prohibited, at the discretion of the Administrator, from handling or disposing of regulated garbage. (Approved by the Office of Management and Budget under control numbers 0579–0015, 0579–0054, and 0579–0292) [71 FR 49317, Aug. 23, 2006] § 94.6 Carcasses, meat, parts or prod ucts of carcasses, and eggs (other than hatching eggs) of poultry, game birds, or other birds; importa tions from regions where Newcastle disease or highly pathogenic avian influenza is considered to exist. (a) Disease status of regions for New castle disease and highly pathogenic avian influenza (HPAI)—(1) Regions in which Newcastle disease is not considered to exist. (i) A list of such regions is maintained on the APHIS National Im port Export Services Web site at http:// www.aphis.usda.gov/importlexport/ ani mals/animalldiseaselstatus.shtml. Cop ies of the list will also be available upon request to Regional Evaluation Services, National Import Export Serv ices, Veterinary Services, Animal and Plant Health Inspection Service, 4700 River Road Unit 38, Riverdale, Mary land 20737; fax: (301) 851–3300; email: AskNCIE.Products@aphis.usda.gov. (ii) APHIS will remove a region from the list referenced in paragraph (a)(1)(i) of this section upon determining that Newcastle disease exists there based on reports APHIS receives of outbreaks of the disease in commercial birds or poultry from veterinary officials of the exporting country, from the World Or ganization for Animal Health (OIE), or from other sources the Administrator determines to be reliable. APHIS will add a region to this list after it con ducts an evaluation of the region and finds that Newcastle disease is not likely to be present in its commercial bird or poultry populations. In the case of a region formerly on this list that is removed due to an outbreak, the region may be returned to the list in accord ance with the procedures for reestab lishment of a region’s disease-free sta tus in § 92.4 of this subchapter. (2) Regions in which HPAI is considered to exist. (i) A list of such regions is maintained on the APHIS National Center for Import and Export 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 e-mail upon request to Sanitary Trade Issue Team, National Center for Import and Export, Veteri nary Services, Animal and Plant Health Inspection Service, 4700 River VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00576 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 567 Animal and Plant Health Inspection Service, USDA § 94.6 4 Animal byproducts are regulated under part 95 of this subchapter. 5 The names and addresses of approved es tablishments may be obtained from, and re quests for approval may be made to the Na tional Center for Import-Export, Veterinary Services, APHIS, 4700 River Road, Unit 38, Riverdale, Maryland 20737–1231. 6 As a condition of entry into the United States, poultry species and poultry products addressed by the Poultry Products Inspec tion Act (PPIA, 21 U.S.C. 451 et seq.) and reg ulations thereunder (9 CFR, chapter III, part 381), must also meet all of the requirements of the PPIA and part 381, including require ments that the poultry or poultry products be prepared only in establishments approved by FSIS. Species subject to these require ments include chickens, turkeys, ducks, geese, guineas, ratites, or squabs. Road, Unit 38, Riverdale, Maryland 20737. (ii) APHIS will consider a region to have HPAI and add it to this list ref erenced in paragraph (a)(2)(i) of this section upon determining that HPAI exists in commercial birds or poultry in the region based on reports APHIS receives of outbreaks of the disease from veterinary officials of the export ing country, from the OIE, or from other sources the Administrator deter mines to be reliable. APHIS will re move a region from this list only after it conducts an evaluation of the region and finds that HPAI is not likely to be present in its commercial bird or poul try populations. (b) Carcasses, and parts or products of carcasses, including meat, from regions where Newcastle disease or HPAI is con sidered to exist. This paragraph applies to carcasses, and parts or products of carcasses, 4 including meat, of poultry, game birds, or other birds that were raised or slaughtered in any region where Newcastle disease or any subtype of HPAI is considered to exist (see paragraph (a) of this section); are imported from any such region; or are moved into or through any such region at any time before importation or dur ing shipment to the United States. (1) Carcasses of game birds, if evis cerated with heads and feet removed, may be imported from regions where Newcastle disease is considered to exist. Carcasses of game birds may not be imported from regions where any subtype of HPAI is considered to exist. Viscera, heads, and feet removed from game birds in any of these regions are ineligible for entry into the United States. (2) Carcasses, or parts or products of carcasses, of poultry, game birds, and other birds from regions where New castle disease or HPAI are considered to exist may be imported for consign ment to any museum, educational in stitution or other establishment which has provided the Administrator with evidence that it has the equipment, fa cilities, and capabilities to store, han dle, process, or disinfect such articles so as to prevent the introduction or dissemination of Newcastle disease or HPAI into the United States, and which is approved by the Adminis trator. 5 (3) Carcasses, or parts or products of carcasses, including meat, of poultry, game birds, or other birds, may be im ported if packed in hermetically sealed containers and if cooked by a commer cial method after such packing to produce articles that are shelf stable without refrigeration. (4) Carcasses and parts or products of carcasses, including meat, of poultry, game birds, or other birds, may be im ported if they are accompanied by a certificate that is signed by a full time, salaried veterinarian of the gov ernment agency responsible for animal health in the region and that specifies that the articles were cooked through out to reach a minimum internal tem perature of 74 °C (165 °F). (5) Carcasses, and parts or products of carcasses, including meat, of poul try, game birds, or other birds, that originated in a region considered to be free of Newcastle disease and any subtype of HPAI, and that are proc essed (cut, packaged, or other proc essing) in a region where Newcastle disease or HPAI is considered to exist, may be imported under the following conditions: (i) Shipment to processing establish ments. All poultry, game bird, or other bird products from such regions shall be shipped from the Newcastle disease and HPAI-free region where they origi nated to a processing establishment 6 in the region where Newcastle disease or HPAI is considered to exist in closed VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00577 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 568 9 CFR Ch. I (1–1–18 Edition) § 94.6 containers sealed with serially num bered seals applied by an official of the national government of that region. They must be accompanied by a certifi cate that is signed by a full-time, sala ried veterinarian of the government agency responsible for animal health in the region and that specifies the prod ucts’ region of origin, the processing establishment to which the carcasses or parts or products are consigned, and the numbers of the seals applied to the shipping containers. (A) The poultry, game bird, or other bird carcasses or parts or products may be removed from containers at the processing establishment in the region where Newcastle disease or HPAI is considered to exist only after an offi cial of the national government has de termined that the seals are intact and free of any evidence of tampering. The official must attest to this fact by signing the certificate accompanying the shipment. (B) [Reserved] (ii) Handling of poultry, game bird, or other bird carcasses or parts or products. Establishments in regions where New castle disease or HPAI is considered to exist that process poultry, game bird, or other bird carcasses or parts or products for export to the United States: (A) May not receive or handle any live poultry or birds. (B) Must keep any records required by this section on file at the facility for a period of at least 2 years after ex port of processed products to the United States, and must make those records available to USDA inspectors during inspections. (C) May process carcasses or parts or products that originate in any region, provided that: (1) All areas, utensils, and equipment likely to contact the carcasses or parts or products to be processed, including skinning, deboning, cutting, and pack ing areas, are cleaned and disinfected between processing carcasses or parts or products from regions where New castle disease or HPAI is considered to exist and processing those from New castle disease and HPAI-free regions. (2) Carcasses or parts or products in tended for export to the United States are not handled, cut, or otherwise proc essed at the same time as any car casses or parts or products not eligible for export to the United States. (3) Carcasses or parts or products in tended for export to the United States are packed in clean new packaging that is clearly distinguishable from that containing any carcasses or parts or products not eligible for export to the United States. (4) Carcasses or parts or products are stored in a manner that ensures that no cross-contamination occurs. (iii) Cooperative service agreement. Op erators of processing establishments must enter into a cooperative service agreement with APHIS to pay all ex penses incurred by APHIS in inspecting the establishment. APHIS anticipates that such inspections will occur once a year. The cooperative service account must always contain a balance that is at least equal to the cost of one inspec tion. APHIS will charge the coopera tive service account for travel, salary, and subsistence of APHIS employees, as well as administrative overhead and other incidental expenses (including excess baggage charges up to 150 pounds). (iv) Shipment to the United States. Poultry, game bird, or other bird car casses or parts or products to be im ported into the United States must be shipped from the region where they were processed in closed containers sealed with serially numbered seals ap plied by an official of the national gov ernment of that region. The shipments must be accompanied by a certificate signed by an official of the national government of the region where arti cles were processed that lists the num bers of the seals applied and states that all of the conditions of this section have been met. A copy of this certifi cate must be kept on file at the proc essing establishment for at least 2 years. (6) Poultry, game bird, or other bird carcasses or parts or products that do not otherwise qualify for importation under paragraphs (b)(1) through (5) of this section may be imported only if the importer applies to, and is granted a permit by, the Administrator, au thorizing such importation. A permit VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00578 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 569 Animal and Plant Health Inspection Service, USDA § 94.6 7 The requirements for importing hatching eggs are contained in part 93 of this chapter. will be given only when the Adminis trator determines that such importa tion will not constitute a risk of intro duction or dissemination of Newcastle disease or HPAI into the United States. Application for a permit may be made in accordance with paragraph (d) of this section. (c) Eggs (other than hatching eggs) from regions where Newcastle disease or HPAI is considered to exist. Eggs (other than hatching eggs 7) from poultry, game birds, or other birds may be im ported only in accordance with this section if they: Are laid by poultry, game birds, or other birds that are raised in any region where Newcastle disease or HPAI is considered to exist (see paragraph (a) of this section); are imported from any region where New castle disease or HPAI is considered to exist; or are moved into or through any region where Newcastle disease or HPAI is considered to exist at any time before importation or during shipment to the United States. (1) With a certificate. The eggs may be imported if they are accompanied by a certificate signed by a salaried veteri nary officer of the national govern ment of the region of origin or, if ex ported from Mexico, accompanied ei ther by such a certificate or by a cer tificate issued by a veterinarian ac credited by the national government of Mexico and endorsed by a full-time sal aried veterinary officer of the national government of Mexico, thereby rep resenting that the veterinarian issuing the certificate was authorized to do so, and: (i) The eggs are imported in cases marked with the identity of the flock of origin and sealed with the seal of the national government of the region of origin. (ii) The certificate accompanying the eggs is presented to an authorized in spector when the eggs reach the port of arrival in the United States. (iii) The certificate identifies the flock of origin and shows the region of origin, the port of embarkation, the port of arrival, the name and address of the exporter and importer, the total number of eggs, and cases of eggs, shipped with the certificate, and the date the certificate was signed. (iv) The certificate states that the eggs qualify for importation in accord ance with this section. (v) The certificate states that no more than 90 days before the certifi cate was signed, a salaried veterinary officer of the national government of the region of origin or, if exported from Mexico, by a veterinarian accredited by the national government of Mexico, inspected the flock of origin and found no evidence of communicable diseases of poultry. (vi) The eggs were washed, to remove foreign material from the surface of the shells, and sanitized on the prem ises of origin with a hypochlorite solu tion of from 100 ppm to 200 ppm avail able chlorine. (vii) The eggs were packed on the premises of origin in previously unused cases. (viii) Before leaving the premises of origin, the cases in which the eggs were packed were sealed with a seal of the national government of the region of origin by the salaried veterinarian of the national government of the region of origin who signed the certificate or, if exported from Mexico, by the veteri narian accredited by the national gov ernment of Mexico who signed the cer tificate. (ix) In addition, if the eggs were laid in any region where Newcastle disease or HPAI is considered to exist (see paragraph (a) of this section), the cer tificate must also state: (A) No Newcastle disease or HPAI oc curred on the premises of origin or on adjoining premises during the 90 days before the certificate was signed. (B) There is no evidence that the flock of origin was exposed to New castle disease or HPAI during the 90 days before the certificate was signed. (C) The eggs are from a region free of HPAI, or from a flock of origin found free of Newcastle disease as follows: On the seventh and fourteenth days of the 21-day period before the certificate is signed, at least 1 cull bird (a sick or dead bird, not a healthy bird that was killed) for each 10,000 live birds occu pying each poultry house certified for exporting table eggs was tested for Newcastle disease virus using VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00579 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 570 9 CFR Ch. I (1–1–18 Edition) § 94.7 embryonated egg inoculation tech nique. The weekly cull rate of birds of every exporting poultry house within the exporting farm does not exceed 0.1 percent. The tests present no clinical or immunological evidence of New castle disease by embryonated egg in oculation technique from tissues of birds that were culled and have been collected by a salaried veterinary offi cer of the national government of the region of origin or by a veterinarian accredited by the national government of Mexico. All examinations and embryonated egg inoculation tests were conducted in a laboratory located in the region of origin, and the labora tory was approved to conduct the ex aminations and tests by the veterinary services organization of the national government of that region. All results were negative for Newcastle disease. (D) Egg drop syndrome is notifiable in the region of origin and there have been no reports of egg drop syndrome in the flocks of origin of the eggs, or within a 50 kilometer radius of the flock of origin, for the 90 days prior to the issuance of the certificate. (2) To an approved establishment for breaking and pasteurization. The eggs may be imported if they are moved from the port of arrival in the United States, under seal of the United States Department of Agriculture, to an ap proved establishment for breaking and pasteurization. Establishments will be approved when the Administrator de termines that pasteurization and sani tation procedures for handling the eggs, and for disposing of egg shells, cases, and packing materials, are ade quate to prevent the introduction of Newcastle disease and HPAI into the United States. (3) For scientific, educational, or re search purposes. The eggs may be im ported if they are imported for sci entific, educational, or research pur poses and the Administrator has deter mined that the importation can be made under conditions that will pre vent the introduction of Newcastle dis ease and HPAI into the United States. The eggs must be accompanied by a permit obtained from APHIS prior to the importation in accordance with paragraph (d) of this section, and they must be moved and handled as speci fied on the permit to prevent the intro duction of Newcastle disease and HPAI into the United States. (4) Other. The eggs may be imported when the Administrator determines that the eggs have been cooked or proc essed or will be handled in a manner that will prevent the introduction of Newcastle disease and HPAI into the United States. The eggs must be ac companied by a permit obtained from APHIS prior to the importation in ac cordance with paragraph (d) of this sec tion, and they must be moved and han dled as specified on the permit to pre vent the introduction of Newcastle dis ease and HPAI into the United States. (d) To apply for a permit, contact the Animal and Plant Health Inspection Service, Veterinary Services, National Center for Import-Export, 4700 River Road Unit 38, Riverdale, Maryland 20737–1231 or visit http:// www.aphis.usda.gov/animallhealth/per mits/. (Approved by the Office of Management and Budget under control numbers 0579–0015, 0579–0245, 0579–0328, and 0579–0367) [39 FR 39546, Nov. 8, 1974; 39 FR 41242, Nov. 26, 1974] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 94.6, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 94.7 Disposal of animals, meats, and other articles ineligible for importa tion. (a) Ruminants and swine, and fresh (chilled or frozen) meats, prohibited importation under §§ 94.1, 94.8, 94.9, 94.10, 94.12, 94.14, or 94.18, which come into the United States by ocean vessel and are offered for entry and refused admission into this country, shall be destroyed or otherwise disposed of as the Administrator may direct, unless they are exported by the consignee within 48 hours, and meanwhile are re tained under such isolation and other safeguards as the Administrator may require to prevent the introduction or dissemination of livestock diseases into the United States. (b) Ruminants and swine, and fresh (chilled or frozen) meats, prohibited importation under §§ 94.1, 94.8, 94.9, 94.10, 94.12, 94.14, or 94.18, which come VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00580 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 571 Animal and Plant Health Inspection Service, USDA § 94.8 into the United States aboard an air plane or railroad car and are offered for entry and refused admission into this country, shall be destroyed or other wise disposed of as the Administrator may direct, unless they are exported by the consignee within 24 hours, and meanwhile are retained under such iso lation and other safeguards as the Ad ministrator may require to prevent the introduction or dissemination of live stock diseases into the United States. (c) Ruminants and swine, and fresh (chilled or frozen) meats, prohibited importation under §§ 94.1, 94.8, 94.9, 94.10, 94.12, 94.14, or 94.18, which come into the United States by any means other than ocean vessel, airplane, or railroad car and are offered for entry and refused admission into this coun try, shall be destroyed or otherwise disposed of as the Administrator may direct, unless they are exported by the consignee within 8 hours, and mean while are retained under such isolation and other safeguards as the Adminis trator may require to prevent the in troduction or dissemination of live stock diseases into the United States. (d) Ruminants and swine, and fresh (chilled or frozen) meats, prohibited importation under §§ 94.1, 94.8, 94.9, 94.10, 94.12, 94.14, or 94.18, which come into the United States by any means but are not offered for entry into this country, and other animals, meats, and other articles prohibited importation under other sections of this part, which come into the United States by any means, whether they are offered for entry into this country or not, shall be immediately destroyed or otherwise disposed of as the Administrator may direct at any time. [68 FR 6345, Feb. 7, 2003] § 94.8 Pork and pork products from re gions where African swine fever ex ists or is reasonably believed to exist. (a) African swine fever exists or the Administrator has reason to believe that African swine fever exists in the regions listed under paragraph (a)(2) of this section. (1) The Administrator bases the rea son to believe African swine fever ex ists in a region on the following fac tors: (i) When a region allows the importa tion of host animals, pork or pork products, or vectors of African swine fever from a region in which African swine fever exists under conditions which the Administrator has deter mined are less stringent than those prescribed by this chapter for import ing host animals, pork or pork prod ucts, or vectors of African swine fever into the United States from a region in which African swine fever exists; or (ii) When a region allows the impor tation or use of African swine fever virus or cultures under conditions which the Administrator has deter mined are less stringent than those prescribed by this chapter for the im portation or use of African swine fever virus or cultures into or within the United States; or (iii) When a region has a contiguous border with, or is subject to commer cial exchange or natural spread of Afri can swine fever host animals, host ma terials, or vectors with, another region with known outbreaks of African swine fever; or (iv) A region’s lack of a disease de tection, control, or reporting system capable of detecting or controlling Af rican swine fever and reporting it to the United States in time to allow the United States to take appropriate ac tion to prevent the introduction of Af rican swine fever into the United States; or (v) Any other fact or circumstance found to exist which constitutes a risk of introduction of African swine fever into the United States. (2) A list of regions where African swine fever exists or the Administrator has reason to believe that African swine fever exists is maintained 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. (3) 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 00581 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 572 9 CFR Ch. I (1–1–18 Edition) § 94.8 8 As a condition of entry into the United States, pork or pork products must also meet all of the requirements of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and regulations thereunder (9 CFR, chapter III, part 327), including requirements that the pork or pork products be prepared only in approved establishments. 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 there is reason to be lieve the disease exists in the region. 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 the disease is not present and that there is no reason to believe the disease is present. In the case of a region for merly not on this list that is added due to an outbreak, the region may be re moved from the list in accordance with the procedures for reestablishment of a region’s disease-free status in § 92.4 of this subchapter. (b) No pork or pork products may be imported into the United States from any region listed in this section unless: (1) Such pork or pork product has been fully cooked by a commercial method in a container hermetically sealed promptly after filling but before such cooking, so that such cooking and sealing produced a fully-sterilized product which is shelf-stable without refrigeration; or (2) Such pork or pork product is not otherwise prohibited importation under this part and is consigned di rectly from the port of arrival in the United States to a meat processing es tablishment operating under Federal meat inspection, approved by the Ad ministrator, for further processing of such pork or pork product by heat. (3) Such pork or pork product: (i) Was processed in a single estab lishment that meets the requirements in paragraph (b)(5) of this section. (ii) Was heated by other than a flash heating method to an internal tem perature of at least 69 °C. (156 °F.) throughout after the bones had been removed. (iii) Is accompanied to the United States by an original certificate stat ing that all of the requirements of this section have been met. The certificate must be written in English. The certifi cate must be issued by an official of the national government of the region in which the processing establishment is located. The official must be author ized to issue the foreign meat inspec tion certificate required by part 327 of chapter III of this title. Upon arrival of the pork or pork products in the United States, the certificate must be presented to an authorized inspector at the port of arrival. (4) The pork product is pork rind pel lets (pork skins) that were cooked in one of the following ways in an estab lishment that meets the requirements in paragraph (b)(5) of this section: (i) One-step process. The pork skins must be cooked in oil for at least 80 minutes when oil temperature is con sistently maintained at a minimum of 114 °C. (ii) Two-step process. The pork skins must be dry-cooked at a minimum of 260 °C for approximately 210 minutes after which they must be cooked in hot oil (deep-fried) at a minimum of 104 °C for an additional 150 minutes. (5) The processing establishment 8 in a region listed in this section must comply with the following require ments: (i) All areas, utensils, and equipment likely to contact the pork or pork products to be processed, including skinning, deboning, cutting, and pack ing areas, and related utensils and equipment, must be cleaned and dis infected after processing pork or pork products not eligible for export to the United States and before processing any pork or pork products eligible for export to the United States. (ii) Pork or pork products eligible for export to the United States may not be handled, cut, or otherwise processed at the same time as any pork or pork products not eligible for export to the United States. (iii) Pork or pork products eligible for export to the United States must be packed in clean new packaging that is clearly distinguishable from that con taining any pork or pork products not eligible for export to the United States. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00582 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 573 Animal and Plant Health Inspection Service, USDA § 94.9 9 See also other provisions of this part and parts 93, 95, and 96 of this chapter, and part 327 of this title, for other prohibitions and restrictions upon the importation of swine and swine products. (c) Pork or pork products consigned from the port of arrival to an approved establishment under the provisions of paragraph (b)(2) of this section shall be moved from the port of arrival to the approved establishment under Customs seals or seals of the Administrator, and shall be otherwise handled as the Ad ministrator, may direct in order to guard against the introduction and dis semination of the contagion of African swine fever. Seals applied under this section shall not be broken except by persons authorized to do so by the Ad ministrator. (d) Pork or pork products imported into the United States from a region listed in this section which do not meet the requirements specified in this sec tion shall be seized, quarantined, and disposed of as the Administrator, may direct in order to guard against the in troduction and dissemination of the contagion of the disease. (Approved by the Office of Management and Budget under control number 0579–0015) [28 FR 5980, June 13, 1963] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 94.8, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 94.9 Pork and pork products from re gions where classical swine fever exists. (a) APHIS considers classical swine fever to exist in all regions of the world except those declared free of the dis ease by APHIS. (1) A list of regions that APHIS has declared free of classical swine fever 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 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. (2) APHIS will add a region to the list of those it has declared free of clas sical swine fever after it conducts an evaluation of the region in accordance with § 92.2 of this subchapter and finds that the disease is not present. In the case of a region formerly on this list that is removed due to an outbreak, the region may be returned 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 declared free of clas sical swine fever 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. (b) The APHIS-defined European CSF region is a single region of low-risk for CSF. (c) Except as provided in § 94.31 for the APHIS-defined European CSF re gion, no fresh pork or pork product may be imported into the United States from any region where classical swine fever is known to exist unless it complies with the following require ments: 9 (1) Such pork or pork product has been treated in accordance with one of the following procedures: (i) Such pork and pork product has been fully cooked by a commercial method in a container hermetically sealed promptly after filling but before such cooking, so that such cooking and sealing produced a fully sterilized prod uct which is shelf-stable without re frigeration; (ii) Such pork or pork product is in compliance with the following require ments: (A) All bones were completely re moved prior to cooking; and (B) Such pork or pork product was heated by other than a flash-heating method to an internal temperature of 69 °C. (156 °F.) throughout; (iii) Such pork or pork product is in compliance with the following require ments: (A) All bones have been completely removed in the region of origin, and VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00583 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 574 9 CFR Ch. I (1–1–18 Edition) § 94.9 10 The certification required may be placed on the foreign meat inspection certificate prescribed by § 327.4 of this title or may be contained in a separate document. (B) The meat has been held in an unfrozen, fresh condition for at least 3 days immediately following the slaugh ter of the animals from which it was derived, and (C) The meat has been thoroughly cured and fully dried for a period of not less than 90 days so that the product is shelf stable without refrigeration: Pro vided, That the period of curing and drying shall be 45 days if the pork or pork product is accompanied to the processing establishment by a certifi cate of an official of the national gov ernment of a classical swine fever free region which specifies that: (1) The pork involved originated in that region and the pork or pork prod uct was consigned to a processing es tablishment in llllll (a region not listed under paragraph (a) of this section as free of classical swine fever), in a closed container sealed by the na tional veterinary authorities of the classical swine fever free region by seals of a serially numbered type; and (2) The numbers of the seals used were entered on the meat inspection certificate of the classical swine fever free region which accompanied the shipment from such free region: And, provided further, That the certificate required by paragraph (c)(3) of this sec tion also states that: The container seals specified in paragraph (c)(1)(iii)(C)(1) of this section were found intact and free of any evidence of tampering on arrival at the processing establishment by a national veterinary inspector; and the processing establish ment from which the pork or pork product is shipped to the United States does not receive or process any live swine, and uses only pork or pork prod uct which originates in regions listed under paragraph (a) of this section as free of classical swine fever and proc esses all such pork or pork products in accordance with paragraph (c)(1)(i), (ii), or (iii) of this section; or (iv) Pork rind pellets (pork skins) originating in regions where classical swine fever is known to exist may be imported into the United States pro vided they have been cooked in one of the following ways: (A) One-step process. The pork skins must be cooked in oil for at least 80 minutes when oil temperature is con sistently maintained at a minimum of 114 °C. (B) Two-step process. The pork skins must be dry-cooked at a minimum of 260 °C for approximately 210 minutes after which they must be cooked in hot oil (deep-fried) at a minimum of 104 °C for an additional 150 minutes. (2) Articles under paragraph (c)(1)(ii), (iii), or (iv) of this section were pre pared in an inspected establishment that is eligible to have its products im ported into the United States under the Federal Meat Inspection Act and § 327.2 of this title; and, (3) In addition to the foreign meat in spection certificate required by § 327.4 of this title, pork and pork products prepared under paragraph (c)(1)(ii), (iii), or (iv) of this section shall be ac companied by a certificate that states that the provisions of paragraph (c)(1)(ii), (iii), or (iv) of this section have been met. This certificate shall be issued by an official of the national government of the region of origin who is authorized to issue the foreign meat inspection certificate required by § 327.4 of this title. 10 Upon arrival of the pork or pork products in the United States, the certificate must be presented to an authorized inspector at the port of ar rival. (4) Small amounts of pork or pork product, subject to the restrictions in this section, may in specific cases be imported for purposes of examination, testing, or analysis if the importer ap plies for and receives written approval for such importation from the Admin istrator. Approval will be granted only when the Administrator determines that the articles have been processed by heat in a manner so that such im portation will not endanger the live stock of the United States. (d) Thoroughly cured and fully dried pork and pork products from regions where both classical swine fever and swine vesicular disease are known or considered to exist need not comply with paragraph (c)(1)(iii) of this section if they are in compliance with the pro visions of § 94.12(b)(1)(iii) of this part. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00584 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 575 Animal and Plant Health Inspection Service, USDA § 94.9 11 See footnote 9. (e) Uncooked pork or pork products that originated in a region considered to be free of classical swine fever (CSF) and are processed in a region where CSF exists may be imported into the United States under the following con ditions: (1) Shipment to approved establish ments. (i) The uncooked pork or pork products must be shipped from the CSF-free region of origin in closed con tainers sealed with serially numbered seals applied by an official of the na tional government of that region. They must be accompanied by a certificate that is signed by an official of that re gion’s national government and that specifies the product’s region of origin, the name and number of the establish ment of origin, and the processing es tablishment to which the uncooked pork or pork products are consigned, and the numbers of the seals applied to the shipping containers. (ii) The uncooked pork or pork prod ucts may be removed from containers at the processing establishment in the region where CSF is considered to exist only after an official of that region’s national government has determined that the seals are intact and free of any evidence of tampering. (2) Handling of uncooked pork and pork products. Establishments 11 in regions where CSF is considered to exist that process uncooked pork or pork prod ucts for export to the United States: (i) May not receive or handle any live swine; (ii) May not receive, handle, or proc ess uncooked pork or pork products that originate in regions affected with CSF; (iii) Must keep the certificate re quired by paragraph (e)(1)(i) of this sec tion on file at the facility for a period of at least 2 years after export of proc essed products to the United States, and must make those records available to USDA inspectors during inspections; and (iv) Must be evaluated and approved by APHIS through a site inspection. (3) Compliance agreement. The opera tors of the processing establishment must sign a compliance agreement with APHIS, stating that: (i) All meat processed for importa tion to the United States will be proc essed in accordance with the require ments of this part; and (ii) A full-time, salaried meat inspec tion official of the national govern ment of the region in which the proc essing facility is located will supervise the processing and examination of the product, and certify that it has been processed in accordance with this sec tion; and (iii) APHIS personnel or other per sons authorized by the Administrator may enter the establishment, unan nounced, to inspect the establishment and its records. (4) Cooperative service agreement. The processing establishment, or a party on its behalf, must enter into a coopera tive service agreement with APHIS to pay all expenses incurred by APHIS for the initial evaluation of the processing establishment and periodically there after, including travel, salary, subsist ence, administrative overhead, and other incidental expenses, including excess baggage up to 150 pounds. In ac cordance with the terms of the cooper ative service agreement, before the APHIS representative’s site inspection, the operator of the processing estab lishment or the party acting on their behalf must deposit with the Adminis trator an amount equal to the approxi mate cost of one inspection by an APHIS representative, including trav el, salary, subsistence, administrative overhead, and other incidental ex penses, including excess baggage up to 150 pounds. As funds from that amount are obligated, a bill for costs incurred based on official accounting records will be issued to restore the deposit to the original level, revised as necessary to allow for inflation or other changes in estimated costs. To be current, bills must be paid within 14 days of receipt. (5) Shipment to the United States. Uncooked pork or pork products to be imported into the United States must be shipped from the region where they were processed in closed containers sealed with serially numbered seals ap plied by an official of the national gov ernment of that region. The shipments must be accompanied by a certificate signed by an official of the national government of the region where the VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00585 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 576 9 CFR Ch. I (1–1–18 Edition) § 94.10 pork or pork products were processed that lists the numbers of the seals ap plied and states that all of the condi tions of this paragraph (e) have been met. The certificate shall also state that the container seals specified in paragraph (e)(1)(i) and (ii) of this sec tion were found by an official of the re gion’s national government to be in tact and free of any evidence of tam pering on arrival at the processing es tablishment in the CSF-affected re gion. A copy of this certificate must be kept on file at the processing establish ment for at least 2 years. (Approved by the Office of Management and Budget under control numbers 0579–0015 and 0579–0333) [37 FR 21149, Oct. 6, 1972] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 94.9, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 94.10 Swine from regions where clas sical swine fever exists. (a) APHIS considers classical swine fever to exist in all regions of the world except those declared free of the dis ease by APHIS. (1) A list of regions that APHIS has declared free of classical swine fever 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 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. (2) APHIS will add a region to the list of those it has declared free of clas sical swine fever after it conducts an evaluation of the region in accordance with § 92.2 of this subchapter and finds that the disease is not present. In the case of a region formerly on this list that is removed due to an outbreak, the region may be returned 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 declared free of clas sical swine fever 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. (b) The APHIS-defined European CSF region is a single region of low-risk for CSF. (c) Except as provided in § 94.31 for the APHIS-defined European CSF re gion, no swine that are moved from or transit any region where classical swine fever is known to exist may be imported into the United States, ex cept for wild swine imported into the United States in accordance with para graph (d) of this section. (d) Wild swine may be allowed impor tation into the United States by the Administrator upon request in specific cases under § 93.501 or § 93.504(c) of this chapter. [71 FR 29070, May 19, 2006, as amended at 71 FR 31070, June 1, 2006; 72 FR 30470, June 1, 2007; 72 FR 67232, Nov. 28, 2007; 75 FR 69857, Nov. 16, 2010; 76 FR 70039, Nov. 10, 2011; 77 FR 1393, Jan. 10, 2012; 78 FR 72998, Dec. 4, 2013] § 94.11 Restrictions on importation of meat and other animal products from specified regions. (a) The meat of ruminants or swine, and other animal products, and ship stores, airplane meals, and baggage containing such meat or animal prod ucts originating in any region listed as provided in paragraph (a)(2) of this sec tion may not be imported into the United States unless the requirements in this section, in addition to other ap plicable requirements of chapter III of this title, are met. However, meat and meat products that meet the require ments of § 94.4 do not have to comply with the requirements of this section. As used in this section, the term ‘‘other animal product’’ means all parts of the carcass of any ruminant or swine, other than meat and articles regulated under part 95 or part 96 of this chapter. (1) The regions listed under para graph (a)(2) of this section have been declared free of rinderpest and foot and-mouth disease by APHIS as pro vided in § 94.1(a) but supplement their VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00586 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 577 Animal and Plant Health Inspection Service, USDA § 94.11 national meat supply by the importa tion of fresh (chilled or frozen) meat of ruminants or swine from regions that APHIS considers to be affected with rinderpest or foot-and-mouth disease as provided in § 94.1(a); or have a common land border with regions considered to be affected with rinderpest or foot-and mouth disease; or import ruminants or swine from regions considered to be af fected with rinderpest or foot-and mouth disease under conditions less re strictive than would be acceptable for importation into the United States. Thus, the meat may be commingled with the fresh (chilled or frozen) meat of animals from an affected region, re sulting in an undue risk of introducing rinderpest or foot-and-mouth disease into the United States. (2) A list of regions whose products are regulated under this section 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 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. (3) APHIS will add a region to the list of those whose products are regu lated under this section after con ducting an evaluation of the region and determining that one or more of the circumstances described in paragraph (a)(1) of this section exists. APHIS will remove a region from the list upon con ducting an evaluation of the region and determining that the circumstances in paragraph (a)(1) of this section no longer exist or upon determining that rinderpest or foot-and-mouth disease exists in the region. (b) All meat or other animal product from such regions, whether in personal use amounts or commercial lots (ex cept that which has been fully cooked by a commercial method in a container hermetically sealed promptly after fill ing but before such cooking and sealing produced a fully sterilized product which is shelf-stable without refrigera tion) shall have been prepared only in an inspected establishment that is eli gible to have its products imported into the United States under the Fed eral Meat Inspection Act (21 U.S.C. 601 et seq.) and the regulations in § 327.2, chapter III of this title, issued there under, and shall be accompanied by a Department-approved meat inspection certificate prescribed in § 327.4 in chap ter III of this title, or similar certifi cate approved by the Administrator, as adequate to effectuate the purposes of this section, regardless of the purpose or amount of product in the shipment. (c) Additional certification. Meat of ruminants or swine or other animal products from any region listed under paragraph (a)(2) of this section must be accompanied by additional certifi cation by a full-time salaried veteri nary official of the agency in the na tional government that is responsible for the health of the animals within that region. Upon arrival of the meat of ruminants or swine or other animal product in the United States, the cer tification must be presented to an au thorized inspector at the port of ar rival. The certification must give the name and official establishment num ber of the establishment where the ani mals were slaughtered, and shall state that: (1) The slaughtering establishment is not permitted to receive animals that originated in, or have ever been in, or that have been aboard a means of con veyance at the time such means of con veyance called at or landed at a port in, a region designated under § 94.1(a) as a region where rinderpest or foot-and mouth disease exists; (2) The slaughtering establishment is not permitted to receive meat or other animal products derived from ruminants or swine which originated in such a rinderpest or foot-and-mouth disease affected region, or meat or other animal products from a rinder pest and foot-and-mouth disease free region transported through a rinder pest or foot-and-mouth disease affected region except in containers sealed with serially numbered seals of the National Government of the noninfected region of origin; (3) The meat or other animal product covered by the certificate was derived from animals born and raised in a re gion listed under § 94.1(a) as free of rin derpest and foot-and-mouth disease and VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00587 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 578 9 CFR Ch. I (1–1–18 Edition) § 94.12 12 The names and addresses of approved es tablishments may be obtained from, and re quest for approval of any establishment may be made to, the Animal and Plant Health In spection Service, Veterinary Services, Na tional Center for Import-Export, 4700 River Road Unit 38, Riverdale, Maryland 20737–1231. Establishments will be approved only if the Administrator determines that the imported the meat or other animal product has never been in any region in which rin derpest or foot-and-mouth disease ex isted; (4) The meat or other animal product has been processed, stored, and trans ported to the means of conveyance that will bring the article to the United States in a manner to preclude its being commingled or otherwise in con tact with meat or other animal prod ucts that do not comply with the con ditions contained in this certificate. (Approved by the Office of Management and Budget under control number 0579–0015) [38 FR 2752, Jan. 30, 1973] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 94.11, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 94.12 Pork and pork products from regions where swine vesicular dis ease exists. (a) APHIS considers swine vesicular disease to exist in all regions of the world except those declared free of the disease by APHIS. (1) A list of regions that APHIS has declared free of swine vesicular disease 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. (2) APHIS will add a region to the list of those it has declared free of swine vesicular disease after it con ducts an evaluation of the region in ac cordance with § 92.2 of this subchapter 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 swine vesicular disease upon determining that the disease ex ists 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. (b) No pork or pork product may be imported into the United States from any region where swine vesicular dis ease is known to exist unless it com plies with the following requirements and it is not otherwise prohibited im portation into the United States under this part: (1) Such pork or pork product has been treated in accordance with one of the following procedures: (i) Such pork or pork product has been fully cooked by a commercial method in a container hermetically sealed promptly after filling, but be fore such cooking, so that such cooking and sealing produced a fully sterilized product which is shelf-stable without refrigeration. (ii) Such pork or pork product is in compliance with the following require ments: (A) All bones were completely re moved prior to cooking; and (B) Such pork or pork product re ceived heat treatment in a commer cially accepted manner used for perish able canned pork products so that it reached an internal temperature of 69 °C. (156 °F.) throughout. (iii) Such pork or pork product if cured and dried is in compliance with the following requirements: (A) All bones have been completely removed in the region of origin, and (B) Such pork or pork products shall be consigned directly from the port of entry in the United States to a meat processing establishment operating under Federal meat inspection and ap proved by the Administrator, 12 for VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00588 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 579 Animal and Plant Health Inspection Service, USDA § 94.12 articles will be so handled at the establish ment as to prevent the introduction and dis semination of livestock or poultry diseases into the United States. Approval of any es tablishment may be refused or withdrawn only after the operator thereof has been given notice of the proposed action and has had an opportunity to present his views thereon. heating to an internal temperature of 166 °F. During movement from the port of entry to the meat processing estab lishment, the pork or pork products must be moved under Department seals or seals of the U.S. Customs Service, and shall be otherwise handled as the Administrator may direct in order to guard against the introduction and dis semination of swine vesicular disease. Seals applied under this section may not be broken except by persons au thorized by the Administrator to do so. (iv) Such pork or pork product, if it originated in a swine vesicular disease free region, has been cured and dried and is in compliance with the following requirements: (A) All bones have been completely removed, either in the region of origin or in the region where the pork or pork products are processed; and (B)(1) Such pork or pork product is accompanied from the swine vesicular disease free region of origin to the processing establishment in the swine vesicular disease affected region by a certificate signed by an official of the National Government of the swine ve sicular disease free region of origin specifying that the pork or pork prod uct involved originated in that region and the pork or pork product was con signed to a processing establishment in llllll (a region not listed under paragraph (a)(1) of this section as free of swine vesicular disease), in a closed container sealed by the national veteri nary authorities of the swine vesicular disease free region of origin by seals of a serially numbered type. The numbers of these seals shall be entered on this certificate; and (2) The certificate required by para graph (b)(3) of this section shall also state that: (i) The container seals specified in paragraph (b)(1)(iv)(B)(1) of this section were found intact and free of any evi dence of tampering on arrival at the processing establishment in the swine vesicular disease affected region by a national veterinary inspector of that region, (ii) The processing establishment from which the pork or pork product was shipped to the United States does not receive or process any live swine, and uses only pork or pork products which originate in regions listed under paragraph (a)(1) of this section as free of swine vesicular disease; and (iii) That such establishment proc esses all such pork or pork products in accordance with paragraph (b)(1)(i), (ii), (iii) or (iv) of this section. (v) Such pork or pork product is in compliance with the following require ments: (A) All bones were completely re moved prior to cooking; and (B) Such pork or pork product re ceived continual heat treatment in an oven for a minimum of 10 hours so that it reached an internal temperature of 65 °C. (149 °F.) throughout. The oven temperature started at a minimum of 62 °C. (143.6 °F.) and reached at least 85 °C. (185 °F.). (vi) Pork rind pellets (pork skins) must be cooked in one of the following ways: (A) One-step process. The pork skins must be cooked in oil for at least 80 minutes when oil temperature is con sistently maintained at a minimum of 114 °C. (B) Two-step process. The pork skins must be dry-cooked at a minimum of 260 °C for approximately 210 minutes after which they must be cooked in hot oil (deep-fried) at a minimum of 104 °C for an additional 150 minutes. (2) Articles under paragraph (b)(1)(ii), (iii) or (iv) of this section were pre pared in an inspected establishment that is eligible to have its products im ported into the United States under the Federal Meat Inspection Act and the regulations in § 327.2 in chapter III of this title. (3) In addition to the foreign meat in spection certificate required in § 327.4 of this title, pork or pork products pre pared under paragraph (b)(1)(ii), (iii) or (iv) of this section shall be accom panied by certification that paragraph (b)(1)(ii), (b)(1)(iii)(A), or (b)(1)(iv)(B)(2) VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00589 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 580 9 CFR Ch. I (1–1–18 Edition) § 94.12 13 See footnote 10. of this section has been met. The cer tification shall be issued by an official of the national government of the re gion of origin who is authorized to issue the foreign meat inspection cer tificate required by § 327.4 of this title. 13 Upon arrival of the pork or pork products in the United States, the certificate must be presented to an au thorized inspector at the port of ar rival. (4) Small amounts of pork or pork product subject to the restrictions of this section, may in specific cases be imported for purposes of examination, testing, or analysis, if the importer ap plies for and receives written approval for such importation from the Admin istrator, authorizing such importation. Approval will be granted only when the Administrator determines that the ar ticles have been processed by heat in a manner so that such importation will not endanger the livestock of the United States. (c) Requirements for pork-filled pasta products from regions affected with swine vesicular disease. (1) Pork-filled pasta products processed for export to the United States may only be filled with pork or pork products that are other wise eligible to be exported to the United States and that meet the re quirements of paragraph (b)(1)(i), (ii), or (v) of this section or of § 94.17. (2) The operator of the pork-filled pasta processing facility must have signed a cooperative service agreement with APHIS prior to receipt of the pork intended to be used in pork-filled pasta products, stating that all such pork will be processed only in accordance with § 94.12 or § 94.17. Pursuant to the cooperative service agreement, the es tablishment must allow the unan nounced entry into the establishment of APHIS representatives, or other per sons authorized by the Administrator, for the purpose of inspecting the facili ties, operations, and records of the es tablishment. The establishment must be current in paying all costs for such inspections (it is anticipated that such inspections will occur up to four times per year). These costs include travel, salary, subsistence, administrative overhead, and other incidental ex penses (including an excess baggage provision up to 150 pounds). In accord ance with the terms of the cooperative service agreement, the operator of the processing establishment must deposit with the Administrator an amount equal to the approximate costs for APHIS to inspect the establishment one time, including travel, salary, sub sistence, administrative overhead and other incidental expenses (including an excess baggage provision up to 150 pounds), and, as funds from that amount are obligated, bills for costs in curred based on official accounting records will be issued to restore the de posit to its original level. Amounts to restore the deposit to its original level must be paid within 14 days of receipt of such bills. (3) At the pasta processing establish ment, pork intended to be used for pork-filled pasta products for export to the United States must be stored apart from any meat or meat products not el igible for export to the United States, either in a separate storage room or fa cility or in a separate area of the same storage room. Any storage room area reserved for pork or pork products eli gible for export to the United States must be separated by at least 1 meter from any storage room area where meat or meat products ineligible for export to the United States are stored and must be marked by signs and by having its borders outlined on the floor. (4) Prior to handling pork used for pork-filled pasta products intended for export to the United States, workers at the processing facility who handle pork or pork products in the facility must shower and put on a full set of clean clothes, or wait 24 hours after handling pork or pork products that are not eli gible for importation into the United States. (5) All equipment and machinery that will come in contact with the pork or other ingredients of pork-filled pasta products intended for export to the United States must be cleaned and dis infected before each use. (6) Processing lines working with pork-filled pasta products for export to the United States must be totally dedi cated to the production of such prod ucts for the time needed to complete a VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00590 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 581 Animal and Plant Health Inspection Service, USDA § 94.13 given lot. When any processing line in a facility is working with pork-filled pasta products intended for export to the United States, no other processing lines in the same facility may work on products using meat that is not eligible for export to the United States. (7) Processing facilities that are com pletely dedicated to producing only pork-filled pasta products for export to the United States and do not receive, handle, or process any animal product not intended for export to the United States are exempt from the require ments of paragraphs (c)(3) through (c)(6) of this section. (8) During processing, the pork-filled pasta must be steam-heated to a min imum internal temperature of 90 °C, then dried, cooled, and packed to make the product shelf stable without refrig eration. (9) The processing facility must maintain under lock and key, for a minimum of 2 years, an original record of each lot of pork or pork products used for pork-filled pasta products for export to the United States. Each record must include the following: (i) The date that the cooked or dry cured pork product was received in the processing facility; (ii) The number of packages, the number of hams or cooked pork prod ucts per package, and the weight of each package; (iii) A lot number or other identifica tion marks; (iv) The health certificate that ac companied the cooked or dry-cured pork product from the slaughter/proc essing facility to the meat-filled pasta product processing facility; and (v) The date that the pork or pork product used in the pasta started dry curing (if the product used is a dry cured ham) or the date that the prod uct was cooked (if the product used is a cooked pork product). (10) The pork-filled pasta must be ac companied by a certificate issued by an official of the National Government of the region in which the pasta product is processed who is authorized to issue the foreign meat inspection certificate required under § 327.4 of this title, stat ing that the pork-filled pasta product has been processed in accordance with the requirements of this section. Upon arrival of the pork-filled pasta in the United States, the certificate must be presented to an inspector at the port of arrival. (Approved by the Office of Management and Budget under control numbers 0579–0015 and 0579–0214) [38 FR 20610, Aug. 2, 1973] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 94.12, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 94.13 Restrictions on importation of pork or pork products from speci fied regions. (a) Pork or pork products and ship’s stores, airplane meals, and baggage containing pork or pork products, other than those articles regulated under part 95 or part 96 of this chapter, produced in any region listed under paragraph (a)(2) of this section may not be imported into the United States un less the requirements of this section, in addition to other applicable require ments of part 327 of this title, are met. (1) The regions listed under para graph (a)(2) of this section have been declared free of swine vesicular disease as provided in § 94.12(a) but supplement their national pork supply by the im portation of fresh (chilled or frozen) meat of animals from regions where swine vesicular disease is considered to exist, or have a common border with such regions, or have trade practices that are less restrictive than are ac ceptable to the United States. Thus, the pork or pork products may be com mingled with fresh (chilled or frozen) meat of animals from a region where swine vesicular disease is considered to exist, resulting in an undue risk of swine vesicular disease introduction into the United States. (2) A list of regions whose products are regulated under this section 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 re quest to the Sanitary Trade Issues Team, National Center for Import and Export, Veterinary Services, Animal and Plant Health Inspection Service, VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00591 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 582 9 CFR Ch. I (1–1–18 Edition) § 94.14 4700 River Road Unit 38, Riverdale, Maryland 20737. (3) APHIS will add a region to the list of those whose products are regu lated under this section after con ducting an evaluation of the region and determining that one or more of the circumstances listed in paragraph (a)(1) of this section exists. APHIS will remove a region from the list upon con ducting an evaluation of the region and determining that the circumstances in paragraph (a)(1) of this section no longer exist or upon determining that swine vesicular disease exists in the re gion. (b) All such pork or pork products, except those treated in accordance with § 94.12(b)(1)(i) of this part, shall have been prepared only in inspected establishments that are eligible to have their products imported into the United States under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and under § 327.2 of this title and shall be accompanied by the foreign meat in spection certificate required by § 327.4 of this title. Upon arrival of the pork or pork products in the United States, the foreign meat inspection certificate must be presented to an authorized in spector at the port of arrival. (c) Unless such pork or pork products are treated according to one of the pro cedures described in § 94.12(b) of this part, the pork or pork products must be accompanied by an additional cer tificate issued by a full-time salaried veterinary official of the agency in the national government responsible for the health of the animals within that region. Upon arrival of the pork or pork products in the United States, the certificate must be presented to an au thorized inspector at the port of ar rival. The certificate shall state the name and official establishment num ber of the establishment where the swine involved were slaughtered and the pork was processed. The certificate shall also state that: (1) The slaughtering establishment is not permitted to receive animals that originated in a region considered to have swine vesicular disease or that have ever been in a region in which swine vesicular disease existed. (2) The slaughtering establishment is not permitted to receive pork derived from swine which originated in such a region or pork from swine from a swine vesicular disease free region which has been transported through a region where swine vesicular disease is consid ered to exist except pork which was transported in containers sealed with serially numbered seals of the National Government of a region of origin listed under § 94.12(a) as a region considered free of the disease. (3) The pork has been processed, stored, and transported to the means of conveyance that will bring the article to the United States in a manner that precludes its being commingled or oth erwise coming in contact with pork or pork products that have not been han dled in accordance with the require ments of this section. (Approved by the Office of Management and Budget under control number 0579–0015) [38 FR 20611, Aug. 2, 1973] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 94.13, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 94.14 Swine from regions where swine vesicular disease exists; im portations prohibited. (a) Swine vesicular disease is known to exist in all regions of the world ex cept those listed under § 94.12(a) of this part. No swine which are moved from or transit any region in which swine vesicular disease is known to exist may be imported into the United States ex cept wild swine imported in accordance with paragraph (b) of this section. (b) Wild swine may be allowed impor tation into the United States by the Administrator upon request in specific cases under § 93.501 or § 93.504(c) of this chapter. (Approved by the Office of Management and Budget under control number 0579–0040) [54 FR 7395, Feb. 21, 1989, as amended at 55 FR 31558, Aug. 2, 1990; 59 FR 67134, Dec. 29, 1994; 62 FR 56023, Oct. 28, 1997; 77 FR 1394, Jan. 10, 2012] § 94.15 Animal products and materials; movement and handling. (a) Any animal product or material which would be eligible for entry into the United States, as specified in the VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00592 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 583 Animal and Plant Health Inspection Service, USDA § 94.15 regulations in this part, may transit through the United States for imme diate export if the following conditions are met: (1) Notification of the transiting of such animal product or material must be made by the importer to the Plant Protection and Quarantine Officer at the United States port of arrival prior to such transiting, and (2) The animal product or material transited shall be contained in a sealed, leakproof carrier or container which shall remain sealed while aboard the transporting carrier or other means of conveyance, or if the con tainer or carrier in which such animal product or material is transported is offloaded in the United States for re shipment, it shall remain sealed at all times. (b) Pork and pork products from Baja California, Baja California Sur, Campeche, Chihuahua, Coahuila, Nuevo Leon, Quintana Roo, Sinaloa, Sonora, and Yucatan, Mexico, that are not eli gible for entry into the United States in accordance with this part may tran sit the United States via land border ports for immediate export if the fol lowing conditions are met: (1) The person desiring to move the pork and pork products through the United States obtains a United States Veterinary Permit for Importation and Transportation of Controlled Materials and Organisms and Vectors (VS Form 16–6). (An application for the permit may be obtained from the Animal and Plant Health Inspection Service, Vet erinary 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/.) (2) The pork or pork products are packaged at a Tipo Inspección Federal plant in Baja California, Baja Cali fornia Sur, Campeche, Chihuahua, Coahuila, Nuevo Leon, Quintana Roo, Sinaloa, Sonora, or Yucatan, Mexico, in leakproof containers and sealed with serially numbered seals of the Govern ment of Mexico, and the containers re main sealed during the entire time they are in transit across Mexico and the United States. (3) The person moving the pork and pork products through the United States notifies, in writing, the Plant Protection and Quarantine Officer at the United States port of arrival prior to such transiting. The notification must include the following information regarding the pork and pork products: (i) Permit number; (ii) Times and dates of arrival in the United States; (iii) Time schedule and route to be followed through the United States; and (iv) Serial numbers of the seals on the containers. (4) The pork and pork products tran sit the United States under Customs bond and are exported from the United States within the time limit specified on the permit. Any pork or pork prod ucts that have not been exported with in the time limit specified on the per mit or that have not been transited in accordance with the permit or applica ble requirements of this part will be de stroyed or otherwise disposed of as the Administrator may direct pursuant to the Animal Health Protection Act (7 U.S.C. 8301 et seq.). (c) Poultry carcasses, parts, or prod ucts (except eggs and egg products) from Baja California, Baja California Sur, Campeche, Chihuahua, Nuevo Leon, Quintana Roo, Sinaloa, Sonora, Tamaulipas, or Yucatan, Mexico, that are not eligible for entry into the United States in accordance with the regulations in this part may transit the United States via land ports for im mediate export if the following condi tions are met: (1) The person desiring to move the poultry carcasses, parts, or products through the United States obtains a United States Veterinary Permit for Importation and Transportation of Controlled Materials and Organisms and Vectors (VS Form 16–6). An appli cation for the permit may be obtained 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/ . (2) The poultry carcasses, parts, or products are packaged at a Tipo Inspeccioón Federal plant in Baja Cali fornia, Baja California Sur, Campeche, VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00593 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 584 9 CFR Ch. I (1–1–18 Edition) § 94.16 Chihuahua, Nuevo Leon, Quintana Roo, Sinaloa, Sonora, Tamaulipas, or Yuca tan, Mexico, in leakproof containers with serially numbered seals of the Government of Mexico, and the con tainers remain sealed during the entire time they are in transit across Mexico and the United States. (3) The person moving the poultry carcasses, parts, or products through the United States notifies, in writing, the Plant Protection and Quarantine Officer at the U.S. port of arrival prior to such transiting. The notification must include the following information regarding the poultry to transit the United States: (i) Permit number; (ii) Times and dates of arrival in the United States; (iii) Time schedule and route to be followed through the United States; and (iv) Serial numbers of the seals on the containers. (4) The poultry carcasses, parts, or products transit the United States under U.S. Customs bond and are ex ported from the United States within the time limit specified on the permit. Any poultry carcasses, parts, or prod ucts that have not been exported with in the time limit specified on the per mit or that have not transited in ac cordance with the permit or applicable requirements of this part will be de stroyed or otherwise disposed of as the Administrator may direct pursuant to the Animal Health Protection Act (7 U.S.C. 8301 et seq.). (d) Meat and other products of ruminants or swine from regions listed in § 94.11(a) and pork and pork products from regions listed in § 94.13 that do not meet the requirements of § 94.11(b) or § 94.13(a) may transit through the United States for immediate export, provided the provisions of paragraph (a) of this section are met, and pro vided all other applicable provisions of this part are met. (e) Any meat or other animal prod ucts not otherwise eligible for entry into the United States, as provided in this part and part 95 of this chapter, may transit the United States for im mediate export if the following condi tions are met: (1) Notification of the transiting of such meat or other animal product is made by the importer to the Plant Pro tection and Quarantine officer at the United States port of arrival prior to such transiting; (2) The meat or other animal product is contained in a sealed, leakproof car rier or container, which remains sealed while aboard the transporting carrier or other means of conveyance, or, if the container or carrier in which the meat or other animal product is trans ported is offloaded in the United States for reshipment, it remains sealed at all times; (3) Such transit is limited to the maritime or airport port of arrival only, with no overland movement out side the airport terminal area or dock area of the maritime port; and (4) The meat or other animal product is not held or stored for more than 72 hours at the maritime or airport port of arrival. (Approved by the Office of Management and Budget under control numbers 0579–0040 and 0579–0145) [43 FR 4595, Feb. 3, 1978, as amended at 57 FR 23928, June 5, 1992; 57 FR 43886, Sept. 23, 1992; 59 FR 67616, Dec. 30, 1994; 60 FR 57315, Nov. 15, 1995; 61 FR 32647, June 25, 1996; 62 FR 24804, May 7, 1997; 62 FR 56023, Oct. 28, 1997; 65 FR 37270, June 14, 2000; 65 FR 50605, Aug. 21, 2000; 68 FR 6345, Feb. 7, 2003; 81 FR 40152, June 21, 2016] § 94.16 Milk and milk products. (a) The following milk products are exempt from the provisions of this part: (1) Cheese, but not including cheese with liquid and not including cheese containing any item that is regulated by other sections of this part, unless such item is independently eligible for importation into the United States under this part; (2) Butter; and (3) Butteroil. (b) Milk and milk products origi nating in, or shipped from, any region where rinderpest or foot-and-mouth disease is considered to exist under § 94.1(a) may be imported into the United States if they meet the require ments of paragraphs (b)(1), (2), or (3) of this section: VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00594 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 585 Animal and Plant Health Inspection Service, USDA § 94.16 14 The names and addresses of approved es tablishments or warehouses or information as to approved manner of processing, and re quest for approval of any such establish ment, warehouse, or manner of processing may be made to the Animal and Plant Health Inspection Service, Veterinary Serv ices, National Center for Import-Export, 4700 River Road Unit 38, Riverdale, Maryland 20737–1231. Any establishment or warehouse will be approved for the purpose of this sec tion only if the operator has provided the Administrator, with satisfactory evidence that the establishment or warehouse has the equipment, facilities, and capability to store, handle and process the imported dry milk or dry milk product subject to § 94.16(b)(2) in a manner which will prevent the introduction or dissemination of live stock diseases into the United States. Simi larly, processing methods will be approved only if the Administrator determines they are adequate to prevent the introduction or dissemination of such diseases into the United States. Approval of any establish ment or warehouse or processing method may be refused or withdrawn by the Admin istrator only after the operator thereof has been given notice of the proposed action and has had an opportunity to present his views thereon, and upon a determination by the Administrator that the conditions for ap proval are not met. Approval of an establish ment or warehouse may also be withdrawn after such notice and opportunity if the Ad ministrator determines that such imported dry milk or milk products have been stored, handled, or processed by the operator thereof other than at an approved establishment or warehouse or other than in an approved manner. (1) They are in a concentrated liquid form and have been processed by heat by a commercial method in a container hermetically sealed promptly after fill ing but before such heating, so as to be shelf stable without refrigeration. (2) They are dry milk or dry milk products, including dry whole milk, nonfat dry milk, dried whey, dried but termilk, and formulations which con tain any such dry milk products, and are consigned directly to an approved establishment 14 for further processing in a manner approved by the Adminis trator, as adequate to prevent the in troduction or dissemination of live stock diseases into the United States. However, in specific cases, upon re quest by the importer to the Adminis trator, and approval by the Adminis trator, they may be stored for a tem porary period in an approved ware house 14 under the supervision of an in spector of the Animal and Plant Health Inspection Service pending movement to an approved establishment. Such products shall be transported from the United States port of first arrival to an approved establishment 14 or an ap proved warehouse, 14 and from an ap proved warehouse 14 to an approved es tablishment 14 only under Department seals or seals of the U.S. Customs Serv ice. Such seals shall be broken only by such an inspector or other person au thorized to do so by the Administrator. Such products shall not be removed from the approved warehouse 14 or ap proved establishment 14 except upon special permission by the Adminis trator, and upon compliance with all the conditions and requirements speci fied by him for such movement in each specific case. (3) Milk and milk products not ex empted under paragraph (a) and not of classes included within the provisions of paragraphs (b)(1) or (2) of this sec tion may be imported if the importer first applies to and receives written permission from the Administrator, au thorizing such importation. Permission will be granted only when the Adminis trator determines that such action will not endanger the health of the live stock of the United States. Products subject to this provision include but are not limited to condensed milk, long-life milks such as sterilized milk, casein and caseinates, lactose, and lac talbumin. (4) Small amounts of milk and milk products subject to the restrictions of this part may in specific cases be im ported for purposes of examination, testing, or analysis, if the importer ap plies to and receives written approval for such importation from the Admin istrator. Approval will be granted only when the Administrator determines that such action will not endanger the health of the livestock of the United States. (c) Milk and milk products origi nating in and shipped from regions list ed under § 94.1(a) as free of rinderpest and foot-and-mouth disease but which have entered a port or otherwise VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00595 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 586 9 CFR Ch. I (1–1–18 Edition) § 94.17 transited a region where APHIS con siders either disease to exist may not be imported into the United States un less: (1) The product was transported under serially numbered official seals applied at the point of origin of the shipment by an authorized representa tive of the region of such origin; except that, if any seal applied at the point of origin was broken by any foreign offi cial to inspect the shipment, an au thorized representative of that region applied a new serially numbered offi cial seal to the hold, compartment, or container in which the milk or milk products were transported; and if any member of a ship’s crew broke a seal, the serial number of the seal, the loca tion of the seal, and the reason for breaking the seal were recorded in the ship’s log. (2) The numbers of such seals are list ed on, or are on a list attached to, the bill of lading or similar document ac companying the shipment. (3) Upon arrival of the carrier at the United States port, an inspector of the Animal and Plant Health Inspection Service determines that the seals are intact and that their numbers are in agreement with the numbers appearing on the accompanying document; Pro vided, That, if the representative finds that any seal has been broken or has a different number than is recorded on the accompanying document, then the milk or milk products may remain eli gible for entry into the United States only if APHIS personnel are available to inspect the hold, compartment, or container, the cartons or other con tainers of milk or milk products, and all accompanying documentation; and the importer furnishes additional docu mentation (either copies of pages from the ship’s log signed by the officer-in charge, or certification from a foreign government that the original seal was removed and the new seal applied by officials of the government) that dem onstrates to the satisfaction of the Ad ministrator that the milk or milk products were not contaminated or ex posed to contamination during move ment from the region of origin to the United States. (d) Except for milk and milk prod ucts imported from Canada, and except as provided in this paragraph, milk or milk products imported from a region listed under § 94.1(a) as free of rinder pest and foot-and-mouth disease must be accompanied by a certificate en dorsed by a full-time, salaried veteri narian employed by the region of ex port. The certificate must state that the milk was produced and processed in a region listed under § 94.1(a) as free of rinderpest and foot-and-mouth disease, or that the milk product was processed in one such region from milk produced in another such region. The certificate must name the region in which the milk was produced and the region in which the milk or milk product was processed. Further, the certificate must state that, except for movement under seal as described in § 94.16(c), the milk or milk product has never been in a region in which rinderpest or foot and-mouth disease exists. Milk or milk products from a region listed under § 94.1(a) as free of rinderpest and foot and-mouth disease and that were proc essed in whole or in part from milk or milk products from a region not listed under § 94.1(a) as free of rinderpest and foot-and-mouth disease may be im ported into the United States only in accordance with paragraph (b)(3) of this section. (Approved by the Office of Management and Budget under control number 0579–0015) [40 FR 44123, Sept. 25, 1975] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 94.16, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 94.17 Dry-cured pork products from regions where foot-and-mouth dis ease, rinderpest, African swine fever, classical swine fever, or swine vesicular disease exists. Notwithstanding any other provi sions in this part, dry-cured ham, pork shoulder, or pork loin, whether whole or sliced and packaged, shall not be prohibited from being imported into the United States if it meets the fol lowing conditions: (a) Except for Italian-type hams, Serrano hams, Iberian hams, Iberian pork shoulders, and Iberian pork loins that have been processed in accordance with paragraph (i) of this section, the VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00596 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 587 Animal and Plant Health Inspection Service, USDA § 94.17 15 As a condition of entry into the United States, pork and pork products must also meet all of the requirements of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and regulations thereunder (9 CFR, chapter III), including requirements that the pork or pork products be prepared only in approved establishments. dry-cured ham, pork shoulder, or pork loin came from a swine that was never out of the region in which the dry cured ham, pork shoulder, or pork loin was processed; (b) The ham, pork shoulder, or pork loin came from a region determined by the Administrator, to have and to en force laws requiring the immediate re porting to the national veterinary services in that region any premises found to have any animal infected with foot-and-mouth disease, rinderpest, Af rican Swine fever, classical swine fever, or swine vesicular disease; (c) The ham, pork shoulder, or pork loin came from a swine that was not on any premises where foot-and-mouth disease, rinderpest, African swine fever, classical swine fever, or swine vesicular disease exists or had existed within 60 days prior to slaughter; (d) The whole ham, pork shoulder, or pork loin was accompanied from the slaughtering facility to the processing establishment by a numbered certifi cate issued by a person authorized by the government of the region of origin stating that the provisions of para graphs (a) and (c) of this section have been met; (e) The ham, pork shoulder, or pork loin was processed whole as set forth in paragraph (i) of this section in only one processing establishment;15 (f) The ham, pork shoulder, or pork loin was processed whole in a proc essing establishment that prior to the processing of any hams, pork shoul ders, or pork loins in accordance with this section, was inspected by a veteri narian of APHIS and determined by the Administrator, to be capable of meet ing the provisions of this section for processing hams, pork shoulders, or pork loins for importation into the United States; (g) The ham, pork shoulder, or pork loin was processed whole in a proc essing establishment for which the op erator of the establishment has signed an agreement with APHIS prior to re ceipt of the hams, pork shoulders, or pork loins for processing, stating that all hams, pork shoulders, or pork loins processed for importation into the United States will be processed only in accordance with the provisions of this part; (h) Workers who handle fresh pork in the processing establishment where the dry-cured ham, pork shoulder, or pork loin was processed whole are required to shower and put on a full set of clean clothes, or to wait 24 hours after han dling fresh pork, before handling hams, pork shoulders, or pork loins that have progressed in the aging/curing process as follows: (1) In the case of Italian-type hams processed in accordance with para graph (i)(1) of this section, those that have progressed beyond the final wash stage; (2) In the case of Serrano hams or Iberian hams or pork shoulders proc essed in accordance with paragraphs (i)(2), (i)(3), or (i)(4) of this section, those that have progressed beyond salt ing; and (3) In the case of Iberian pork loins processed in accordance with para graph (i)(5) of this section, those that have progressed beyond being placed in a casing. (i) The dry-cured ham, pork shoulder, or pork loin was processed whole in ac cordance with this paragraph. Except for pork fat treated to at least 76 °C (168.8 °F), which may have been placed over the meat during curing, the dry cured pork product must have had no contact with any other meat or animal product during processing. (1) Italian-type hams. The ham was processed for a period of not less than 400 days in accordance with the fol lowing conditions: after slaughter the ham was held at a temperature of 0–3 °C. (32–34.7 °F) for a minimum of 72 hours during which time the ‘‘aitch’’ bone and the foot was removed and the blood vessels at the end of the femur were massaged to remove any remain ing blood; thereafter the ham was cov ered with an amount of salt equal to 4– 6 percent of the weight of the ham, with a sufficient amount of water added to ensure that the salt had ad hered to the ham; thereafter the ham VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00597 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 588 9 CFR Ch. I (1–1–18 Edition) § 94.17 was placed for 5–7 days on racks in a chamber maintained at a temperature of 0–4 °C. (32–39.2 °F) and at a relative humidity of 70–85 percent; thereafter the ham was covered with an amount of salt equal to 4–6 percent of the weight of the ham, with a sufficient amount of water added to ensure that the salt had adhered to the ham; there after the ham was placed for 21 days in a chamber maintained at a tempera ture of 0–4 °C. (32–39.2 °F.) and at a rel ative humidity of 70–85 percent; there after the salt was brushed off the ham; thereafter the ham was placed in a chamber maintained at a temperature of 1–6 °C. (33.8–42.8 °F.) and at a relative humidity of 65–80 percent for between 52 and 72 days; thereafter the ham was brushed and rinsed with water; there after the ham was placed in a chamber for 5–7 days at a temperature of 15–23 °C. (59–73.4 °F.) and a relative humidity of 55–85 percent; thereafter the ham was placed for curing in a chamber maintained for a minimum of 314 days at a temperature of 15–20 °C. (59–68 °F.) and at a relative humidity of 65–80 per cent at the beginning and increased by 5 percent every 21⁄2 months until a rel ative humidity of 85 percent was reached. (2) Serrano hams. Serrano hams were processed as follows (190-day minimum curing process): (i) If the ham is received frozen, it was thawed in a chamber with relative humidity between 70 and 80 percent, with room temperature maintained at 12 °C to 13 °C (53.6 °F to 55.4 °F) for the first 24 hours, then at 13 °C to 14 °C (55.4 °F to 57.2 °F) until the internal tem perature of the ham reached 3 °C to 4 °C (37.4 °F to 39.2 °F), at which point the blood vessels at the end of the femur were massaged to remove any remain ing blood. (ii) The ham was covered in salt and placed in a chamber maintained at a temperature from 0 °C to 4 °C (32 °F to 39.2 °F), with relative humidity be tween 75 and 95 percent, for a period no less than 0.65 days per kg and no more than 2 days per kg of the weight of the ham. (iii) The ham was rinsed with water and/or brushed to remove any remain ing surface salt. (iv) The ham was placed in a chamber maintained at a temperature of 0 °C to 6 °C (32 °F to 42.8 °F), with a relative humidity of 70 to 95 percent, for no less than 40 and no more than 60 days; (v) The ham was placed for curing in a chamber with a relative humidity of 60 to 80 percent and a temperature gradually raised in 3 phases, as follows: (A) A temperature of 6 °C to 16 °C (42.8 °F to 60.8 °F), maintained for a minimum of 45 days; (B) A temperature of 16 °C to 24 °C (60.8 °F to 75.2 °F), maintained for a minimum of 35 days; (C) A temperature of 24 °C to 34 °C (75.2 °F to 93.2 °F), maintained for a minimum of 30 days; (vi) Finally, with the relative humid ity unchanged at 60 to 80 percent, the temperature was lowered to 12 °C to 20 °C (53.6 °F to 68 °F) and maintained at that level for a minimum of 35 days, until at least 190 days after the start of the curing process; Except that: In a re gion where swine vesicular disease ex ists, the ham must be maintained at that level an additional 370 days, until at least 560 days after the start of the curing process. (3) Iberian hams. Iberian hams were processed as follows (365-day minimum curing process): (i) If the ham is received frozen, it was thawed in a chamber with relative humidity between 70 and 80 percent, with room temperature maintained at 5.5 °C to 6.5 °C (41.9 °F to 43.7 °F) for the first 24 hours, then at 9.5 °C to 10.5 °C (49.1 °F to 50.9 °F) until the internal temperature of the ham reached 3 °C to 4 °C (37.4 °F to 39.2 °F), at which point the blood vessels at the end of the femur were massaged to remove any re maining blood. (ii) The ham was covered in salt and placed in a chamber maintained at a temperature from 0 °C to 4 °C (32 °F to 39.2 °F), with relative humidity be tween 75 and 95 percent, and kept in the chamber for a period no less than 0.65 days per kg and no more than 2 days per kg of the weight of the ham; (iii) The ham was rinsed with water and/or brushed to remove any remain ing surface salt. (iv) The ham was placed in a chamber maintained at a temperature of 0 °C to VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00598 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 589 Animal and Plant Health Inspection Service, USDA § 94.17 6 °C (32 °F to 42.8 °F), with relative hu midity of 70 to 95 percent, for no less than 40 and no more than 60 days. (v) The ham was placed for curing in a chamber with a temperature of 6 °C to 16 °C (42.8 °F to 60.8 °F) and relative humidity of 60 to 80 percent for a min imum of 90 days. (vi) The temperature was raised to 16 °C to 26 °C (60.8 °F to 78.8 °F) and the relative humidity reduced to 55 to 85 percent, for a minimum of 90 days. (vii) Finally, with the relative hu midity raised to 60 to 90 percent, the temperature was lowered to 12 °C to 22 °C (53.6 °F to 71.6 °F) and maintained at that level for a minimum of 115 days, until at least 365 days after the start of the curing process; Except that: In a re gion where swine vesicular disease ex ists, the ham must be maintained at that level an additional 195 days, until at least 560 days after the start of the curing process. (4) Iberian pork shoulders. Iberian pork shoulders were processed as fol lows (240-day minimum curing process): (i) If the pork shoulder is received frozen, it was thawed at a room tem perature of 12 °C to 13 °C (53.6 °F to 55.4 °F), with the relative humidity be tween 75 and 85 percent, for approxi mately 24 hours, until the internal temperature reached 3 °C to 4 °C (37.4 °F to 39.2 °F), at which point the blood vessels in the scapular region were massaged to remove any remaining blood. (ii) The pork shoulder was covered in salt and placed in a chamber main tained at a temperature of 0 °C to 4 °C (32 °F to 39.2 °F) with the relative hu midity between 75 and 95 percent, for a period of no less than 0.65 days per kg and no more than 2 days per kg of the weight of the pork shoulder. (iii) The pork shoulder was rinsed with water and/or brushed to remove any remaining surface salt. (iv) The pork shoulder was placed in a chamber maintained at a tempera ture of 0 °C to 6 °C (32 °F to 42.8 °F) and a relative humidity of 70 to 95 percent for not less than 40 days and not more than 60 days. (v) The pork shoulder was placed for curing in a chamber at a temperature of 6 °C to 16 °C (42.8 °F to 60.8 °F) and a relative humidity of 60 to 80 percent for a minimum of 90 days. (vi) The temperature was raised to 16 °C to 26 °C (60.8 °F to 78.8 °F) and the relative humidity was changed to 55 to 85 percent, and those levels were main tained for a minimum of 90 days. (vii) Finally, the temperature was re duced to 12 °C to 22 °C (53.6 °F to 71.6 °F) and the relative humidity was raised to 60 to 90 percent for a min imum of 45 days, until at least 240 days after the start of the curing process. (5) Iberian pork loins. Iberian pork loins were processed as follows (130-day minimum curing process): (i) If the pork loin is received frozen, it was thawed at a room temperature maintained at 11 °C to 12 °C (51.8 °F to 53.6 °F), with the relative humidity be tween 70 and 80 per cent for the first 24 hours, then between 75 and 85 percent, until the loin’s internal temperature reached 3 °C to 4 °C (37.4 °F to 39.2 °F), at which point the external fat, aponeurosis, and tendons were cleaned from the loin. (ii) The pork loin was covered in a pickle preparation (25–30 grams of salt for each kilogram of pork loin) and placed in a chamber where it was main tained at a relative humidity of 75 to 95 percent and a temperature of 3 °C to 4 °C (37.4 °F to 39.2 °F) for 72 hours. (iii) The pork loin was removed from the pickle preparation (25–30 grams of salt for each kilogram of pork loin), ex ternally cleaned (brushed or rinsed), placed in an artificial casing, and fas tened shut with a metal clip. (iv) The pork loin was placed for cur ing in a chamber with a relative hu midity of 60 to 90 percent and a tem perature gradually raised in 3 phases, as follows: (A) A temperature of 2 °C to 6 °C (35.6 °F to 42.8 °F), maintained for a min imum of 20 days; (B) A temperature of 6 °C to 15 °C (42.8 °F to 59.0 °F), maintained for a minimum of 20 days; (C) A temperature of 15 °C to 25 °C (59.0 °F to 77.0 °F), maintained for a minimum of 40 days; (v) Finally, with the relative humid ity unchanged at 60 to 80 percent and the temperature lowered to 0 °C to 5 °C (32.0 °F to 41.0 °F), the pork loin was vacuum-packed and maintained under VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00599 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 590 9 CFR Ch. I (1–1–18 Edition) § 94.17 those conditions for a minimum of 15 days, until at least 130 days after the start of the curing process. (j)(1) The whole ham, if it is Italian type ham processed in accordance with paragraph (i)(1) of this section, bears a hot iron brand or an ink seal (with the identifying number of the slaughtering establishment) which was placed there on at the slaughtering establishment under the direct supervision of a person authorized to supervise such activity by the veterinary services of the na tional government of the region of ori gin, bears a button seal (approved by the Administrator, as being tamper proof) on the hock that states the month and year the ham entered the processing establishment and a hot iron brand (with the identifying num ber of the processing establishment and the date salting began) which were placed thereon at the processing estab lishment immediately prior to salting, under the supervision of a person au thorized to supervise such activity by the veterinary services of the national government of the region of origin; (2) The whole dry-cured ham, if it is processed in accordance with para graphs (i)(2) or (i)(3) of this section, or the whole dry-cured pork shoulder, if it is processed in accordance with para graph (i)(4) of this section, bears an ink seal (with the identifying number of the slaughtering establishment) which was placed thereon at the slaughtering establishment under the direct super vision of a person authorized to super vise such activity by the veterinary services of the national government of the region of origin, and an ink seal (with the identifying number of the processing establishment and the date the salting began) which was placed thereon at the processing establish ment, immediately prior to salting, under the supervision of a person au thorized to supervise such activity by the veterinary services of the national government of the region of origin; or (3) The whole dry-cured pork loin, if it is processed in accordance with para graph (i)(5) of this section, is packaged with material that bears a seal of the government of the region of origin which was placed thereon at the slaughtering establishment under the direct supervision of a person author ized to supervise such activity by the veterinary services of the national gov ernment of the region of origin, and bears a tamper-proof plastic tag, se curely attached to the pork loin itself, that states the identifying number of the slaughtering establishment and the date the pork loin was placed in the pickle preparation under the super vision of a person authorized to super vise such activity by the veterinary service of the national government of the region of origin. (k) The whole dry-cured ham, pork shoulder, or pork loin came from an es tablishment where a person authorized by the veterinary services of the na tional government of the region of ori gin to conduct activities under this paragraph, maintained original records (which shall be kept for a minimum of two years) identifying the dry-cured ham, pork shoulder, or pork loin by the date it entered the processing estab lishment, by the slaughtering facility from which it came, and by the number of the certificate which accompanied the dry-cured ham, pork shoulder, or pork loin from the slaughtering facil ity to the processing establishment, and where such original records are maintained under lock and key by such person, with access to such original records restricted to officials of the government of the region of origin, of ficials of the United States Govern ment, and such person maintaining the records; (l) The whole dry-cured ham, pork shoulder, or pork loin came from a processing establishment which allows the unannounced entry into the estab lishment of APHIS personnel, or other persons authorized by the Adminis trator, for the purpose of inspecting the establishment and records of the establishment; (m) The dry-cured ham, pork shoul der, or pork loin was processed in ac cordance with one of the following cri teria: (1) The ham, if it is an Italian type ham processed in accordance with paragraph (i)(1) of this section, was processed in a region which has been determined by the Administrator, to be free of rinderpest, and which has through its veterinary services sub mitted to the Administrator, a written statement stating that it conducts a VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00600 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 591 Animal and Plant Health Inspection Service, USDA § 94.17 program to authorize persons to super vise activities specified under this sec tion; (2) The Serrano ham, processed in ac cordance with paragraph (i)(2) of this section, and came from any breed of large, white swine, including but not limited to Landrace, Pietrain, Duroc, Jersey, Hampshire, and Yorkshire breeds, and crosses of such breeds; (3) The Iberian ham, processed in ac cordance with paragraph (i)(3) of this section, and came from a swine of the Iberico breed of pigs; (4) The Iberian pork shoulder, proc essed in accordance with paragraph (i)(4) of this section, and came from a swine of the Iberico breed of pigs; (5) The Iberian pork loin, if processed in accordance with paragraph (i)(5) of this section, and came from a swine of the Iberico breed of pigs. (n) The whole dry-cured ham, pork shoulder, or pork loin came from a processing establishment that has en tered into a cooperative service agree ment executed by the operator of the establishment or a representative of the establishment and APHIS, and that pursuant to the cooperative service agreement is current in paying all costs for a veterinarian of APHIS to in spect the establishment (it is antici pated that such inspections will occur up to four times per year), including travel, salary, subsistence, administra tive overhead, and other incidental ex penses (including an excess baggage provision up to 150 pounds). In accord ance with the terms of the cooperative service agreement, the operator of the processing establishment shall deposit with the Administrator, an amount equal to the approximate costs for a veterinarian to inspect the establish ment one time, including travel, sal ary, subsistence, administrative over head and other incidental expenses (in cluding an excess baggage provision up to 150 pounds), and as funds from that amount are obligated, bills for costs in curred based on official accounting records will be issued to restore the de posit to its original level. Amounts to restore the deposit to its original level shall be paid within 14 days of receipt of such bills. (o) The dry-cured ham, pork shoul der, or pork loin is accompanied at the time of importation into the United States by a certificate issued by a per son authorized to issue such certifi cates by the veterinary services of the national government of the region of origin, stating: (1) That all the provisions of this sec tion have been complied with, includ ing paragraphs (i) and (m) of this sec tion; (2) The paragraph of this section under which the dry-cured ham, pork shoulder, or pork loin was processed; and stating further that, if the product covered by the certificate: (i) Is an Italian-type ham processed under paragraph (i)(1) of this section, it was processed for a minimum of 400 days; (ii) Is a Serrano ham processed under paragraph (i)(2) of this section, it was: (A) Processed for a minimum of 190 days in a region free of swine vesicular disease, in a facility authorized by the veterinary services of the national gov ernment of that region to process only meat from regions free of swine vesic ular disease; or, (B) Processed for a minimum of 560 days in any region, in a facility that may also process meat from regions where swine vesicular disease exists; (iii) Is an Iberian ham processed under paragraph (i)(3) of this section, it was: (A) Processed for a minimum of 365 days in a region free of swine vesicular disease, in a facility authorized by the veterinary services of the national gov ernment of that region to process only meat from regions free of swine vesic ular disease; or, (B) Processed for a minimum of 560 days in any region, in a facility that may also process meat from regions where swine vesicular disease exists; (iv) Is a dry-cured pork shoulder, it was processed in accordance with para graph (i)(4) of this section for a min imum of 240 days; or (v) Is a dry-cured pork loin, it was processed in accordance with para graph (i)(5) of this section for a min imum of 130 days. (p) Whole hams, pork shoulders, and pork loins that have been dry-cured in accordance with paragraph (i) of this section may be transported to a facil ity in the same region for slicing and VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00601 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 592 9 CFR Ch. I (1–1–18 Edition) § 94.17 16 See footnote 15. packaging in accordance with this paragraph. (1) The slicing/packaging facility. (i) The slicing/packaging facility 16 must be inspected, prior to slicing and pack aging any hams, pork shoulders, or pork loins in accordance with this paragraph, by an APHIS representative and determined by the Administrator to be capable of meeting the provisions of this paragraph. (ii) The slicing/packaging facility must be either in a separate, physically detached building, or in a separate room in the facility where the whole ham, pork shoulder, or pork loin was dry-cured in accordance with para graph (i) of this section. If the slicing/ packaging facility is in a separate room, the room must have no direct ac cess to areas in the facility where pork is cured and dried and it must be capa ble of being closed off from the rest of the facility so unauthorized individuals cannot enter. (iii) The slicing/packaging facility, including all equipment used to handle pork and pork products, such as con tainers, work surfaces, slicing ma chines, and packaging equipment, must be cleaned and disinfected after sliced and packaged pork products that are not eligible for export to the United States leave the facility, and before whole dry-cured hams, pork shoulders, or pork intended for importation into the United States enter the facility for slicing and packaging. Cleaning and disinfecting must be adequate to en sure that disease agents of concern are killed or inactivated and that pork products intended for importation into the United States are not contami nated. (iv) The slicing/packaging facility must maintain under lock and key for a minimum of 2 years, original records on each lot of whole dry-cured hams, pork shoulders, and pork loins entering the facility for slicing and packaging under this section, including: (A) The approval number of the facil ity where the whole ham, shoulder, or loin was dry-cured in accordance with paragraph (i) of this section; (B) The date the whole ham, shoul der, or loin started dry-curing; (C) The date the whole ham, shoul der, or loin completed dry-curing; (D) The date the whole ham, shoul der, or loin was sliced and packaged; and (E) A copy of all certifications re quired under paragraph (p) of this sec tion. (v) Access to records required to be maintained under paragraph (p) of this section must be restricted to officials of the national government of the re gion of origin, representatives of the United States Government, and per sons maintaining the records. (vi) The operator of the slicing/pack aging facility must have signed a coop erative service agreement with APHIS prior to receipt of the whole dry-cured hams, pork shoulders, or pork loins for slicing and packaging, stating that all hams, pork shoulders, or pork loins sliced and packaged at the facility for importation into the United States will be sliced and packaged only in accord ance with this section. (vii) The operator of the slicing/pack aging facility must be current, in ac cordance with the terms of the cooper ative service agreement signed with APHIS, in paying all costs for an APHIS representative to inspect the establishment, including travel, salary, subsistence, administrative overhead, and other incidental expenses. (viii) The slicing/packaging facility must allow the unannounced entry into the establishment of APHIS represent atives, or other persons authorized by the Administrator, for the purpose of inspecting the establishment and records of the establishment. (ix) Workers at the slicing/packaging facility who handle pork or pork prod ucts in the facility must shower and put on a full set of clean clothes, or wait 24 hours after handling pork or pork products that are not eligible for importation into the United States, be fore handling dry-cured hams, pork shoulders, or pork loins in the slicing/ packaging facility that are intended for importation into the United States. (x) Pork products intended for impor tation into the United States may not be in the slicing/packaging facility at the same time as pork products not in tended for exportation to the United States. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00602 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 593 Animal and Plant Health Inspection Service, USDA § 94.19 (2) Slicing and packaging and labeling procedures. (i) A full-time salaried vet erinarian employed by the national government of the region of origin must inspect each lot of whole dry cured hams, pork shoulders, and pork loins at the slicing/packaging facility, before slicing is begun, and must cer tify in English that it is eligible for im portation into the United States in ac cordance with this section; and (ii) Either a full-time salaried veteri narian employed by the national gov ernment of the region of origin, or, if the national government of the region of origin recognizes a local consortium as responsible for product quality, a representative of that local consor tium, must certify in English that he or she personally supervised the entire process of slicing and packaging each lot of dry-cured hams, pork shoulders, and pork loins at the slicing/packaging facility; that each lot of dry-cured hams, pork shoulders, and pork loins was sliced and packaged in accordance with the requirements of this para graph; and that the sliced and pack aged pork ham, shoulder, or loin is the same dry-cured ham, pork shoulder, or pork loin certified under paragraph (p)(2)(i). (iii) The sliced and packaged dry cured pork ham, pork shoulder, or pork loin must be labeled with the date that processing of the meat under paragraph (i) of this section began, and with the date the meat was sliced and packaged. (Approved by the Office of Management and Budget under control number 0579–0015) [52 FR 11625, Apr. 10, 1987, as amended at 53 FR 48520, Dec. 1, 1988; 54 FR 7395, Feb. 21, 1989, 59 FR 55024, Nov. 3, 1994; 59 FR 67134, Dec. 29, 1994; 62 FR 46181, Sept. 2, 1997; 62 FR 56023, Oct. 28, 1997; 62 FR 61004, Nov. 14, 1997; 64 FR 38550, July 19, 1999; 68 FR 16939, Apr. 7, 2003; 73 FR 17885, Apr. 2, 2008; 74 FR 18288, Apr. 22, 2009; 76 FR 4054, 4055, Jan. 24, 2011; 77 FR 1395, Jan. 10, 2012] § 94.18 Bovine spongiform encephalopathy; importation of edi ble products derived from bovines. (a) The importation of meat, meat products, and other edible products de rived from bovines is prohibited with regard to BSE, except as provided in this section and in §§ 94.19, 94.20, 94.21, 94.22, 94.23, and 94.27. (b) The following commodities de rived from bovines may be imported into the United States without restric tion regarding BSE, provided that all other applicable requirements of this part are met: (1) Milk and milk products; (2) Boneless skeletal muscle meat (excluding mechanically separated meat) that: (i) Is derived from bovines that were not, prior to slaughter, subjected to a pithing process or to stunning with a device injecting compressed air or gas into the cranial cavity, and that passed ante-mortem and post-mortem inspec tion; (ii) Has been prepared in a manner to prevent contamination with SRMs; and (iii) Is accompanied to the United States by an original certificate stat ing that the conditions of paragraphs (b)(2)(i) and (b)(2)(ii) of this section have been met. The certificate must be issued and signed by a full-time sala ried veterinary officer of the national government of the exporting region or signed by a person authorized to issue such certificates by the veterinary services of the national government of the exporting region. (Approved by the Office of Management and Budget under control number 0579–0015) [78 FR 72998, Dec. 4, 2013] § 94.19 Importation of meat, meat by products, and meat food products derived from bovines from regions of negligible risk for BSE. Meat, meat byproducts, and meat food products, as defined by FSIS in 9 CFR 301.2–except that those terms as applied to bison shall have a meaning comparable to those provided in 9 CFR 301.2 with regard to cattle, and other than boneless skeletal meat that meets the conditions of § 94.18(b)(2)—may be imported from a region of negligible risk for BSE, as defined in § 92.1 of this subchapter, if the following conditions and all other applicable requirements of this part are met: (a) The commodities were exported from a region of negligible risk for BSE. (b) If BSE has been diagnosed in one or more indigenous bovines in the re gion of negligible risk, the commod ities were derived from bovines subject VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00603 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 594 9 CFR Ch. I (1–1–18 Edition) § 94.20 to a ban on the feeding to ruminants of meat-and-bone meal or greaves derived from ruminants. (c) The commodities were derived from bovines that passed ante-mortem and post-mortem inspections. (d) The commodities are accom panied by an original certificate stat ing that the exporting region is classi fied by APHIS as a region of negligible risk for BSE and that the conditions of paragraphs (a) through (c) of this sec tion, as applicable, have been met. The certificate must be issued and signed by a full-time salaried veterinary offi cer of the national government of the exporting region, or signed by a person authorized to issue such certificates by the veterinary services of the national government of the exporting region. NOTE: To be eligible to export meat, meat byproducts, and meat food products under the conditions of this section for human con sumption, a region must also be one that has demonstrated to FSIS in accordance with 9 CFR 310.22 that its BSE risk status can rea sonably be expected to provide the same level of protection from human exposure to the BSE agent as does prohibiting specified risk materials for use as human food in the United States. (Approved by the Office of Management and Budget under control number 0579–0393) [78 FR 72999, Dec. 4, 2013] § 94.20 Importation of meat, meat by products, and meat food products derived from bovines from regions of controlled risk for BSE. Meat, meat byproducts, and meat food products, as defined by FSIS in 9 CFR 301.2—except that those terms as applied to bison shall have a meaning comparable to those provided in 9 CFR 301.2 with regard to cattle, and other than boneless skeletal meat that meets the conditions of § 94.18(b)(2)—may be imported from a region of controlled risk for BSE, as defined in § 92.1 of this subchapter, if the following conditions and all other applicable requirements of this part are met: (a) The commodities were exported from a region of controlled risk for BSE. (b) The commodities were derived from bovines that passed ante-mortem and post-mortem inspections. (c) The commodities were derived from bovines that were not subjected to a stunning process, prior to slaugh ter, with a device injecting compressed air or gas into the cranial cavity, or to a pithing process. (d) The commodities were produced and handled in a manner that ensured that such commodities do not contain and are not contaminated with either of the following: (1) SRMs from regions of controlled risk for BSE; or (2) Mechanically separated meat from the skull and vertebral column from bovines 30 months of age or older. (e) The commodities are accompanied by an original certificate stating that the exporting region is classified by APHIS as a region of controlled risk for BSE, and that the conditions of this section have been met. The certificate must be issued and signed by a full time salaried veterinary officer of the national government of the exporting region, or signed by a person author ized to issue such certificates by the veterinary services of the national gov ernment of the exporting region. (Approved by the Office of Management and Budget under control numbers 0579–0015 and 0579–0393) [78 FR 72999, Dec. 4, 2013] § 94.21 Importation of meat, meat by products, and meat food products derived from bovines from regions of undetermined risk for BSE. Meat, meat byproducts, and meat food products, as defined by FSIS in 9 CFR 301.2–except that those terms as applied to bison shall have a meaning comparable to those provided in 9 CFR 301.2 with regard to cattle, and other than boneless skeletal meat that meets the conditions of § 94.18(b)(2)—may be imported from regions of undetermined risk for BSE, as defined in § 92.1 of this subchapter, if the following conditions and all other applicable requirements of this part are met: (a) The commodities were derived from bovines that have never been fed meat-and-bone meal or greaves derived from ruminants. (b) The commodities were derived from bovines that passed ante-mortem and post-mortem inspections. (c) The commodities were derived from bovines that were not subjected VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00604 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 595 Animal and Plant Health Inspection Service, USDA § 94.23 to a stunning process, prior to slaugh ter, with a device injecting compressed air or gas into the cranial cavity, or to a pithing process. (d) The commodities were produced and handled in a manner that ensured that such commodities do not contain and are not contaminated with any of the following: (1) SRMs from regions of undeter mined risk for BSE; or (2) Mechanically separated meat from the skull and vertebral column from bovines over 12 months of age. (e) The commodities are accompanied by an original certificate stating that the exporting region is a region of un determined risk for BSE and that the conditions of this section have been met. The certificate must be issued and signed by a full-time salaried veteri nary officer of the national govern ment of the exporting region, or signed by a person authorized to issue such certificates by the veterinary services of the national government of the ex porting region. (Approved by the Office of Management and Budget under control number 0579–0393) [78 FR 72999, Dec. 4, 2013] § 94.22 Meat or dressed carcasses of hunter-harvested bovines. The meat or dressed carcass (evis cerated and the head is removed) is de rived from a wild bovine that has been legally harvested in the wild, as verified by proof such as a hunting li cense, tag, or the equivalent that the hunter must show to the authorized in spector. (Approved by the Office of Management and Budget under control number 0579–0393) [78 FR 72999, Dec. 4, 2013] § 94.23 Importation of gelatin derived from bovines. (a) The importation of gelatin de rived from bovines is prohibited be cause of BSE, unless: (1) The gelatin meets the require ments of either paragraph (b), (c), or (d), as well as the requirements of para graph (e) of this section and all other applicable requirements of this part; or (2) The gelatin is authorized importa tion under paragraph (f) of this section and meets all other applicable require ments of this part. (b) The gelatin is derived from hides and skins, provided the gelatin has not been commingled with materials ineli gible for entry into the United States. (c) The gelatin is derived from the bones of bovines and originates in a re gion of negligible risk for BSE. (d) The gelatin is derived from the bones of bovines, originates in a region of controlled risk or undetermined risk for BSE, and meets the requirements of paragraphs (d)(1) through (d)(4) of this section: (1) The bones from which the gelatin was derived were derived from bovines that passed ante-mortem and post mortem inspection. (2) The bones from which the gelatin was derived did not include the skulls of bovines or the vertebral column of bovines 30 months of age or older. (3) The bones were subjected to a process that includes all of the fol lowing steps, or to a process at least as effective in reducing BSE infectivity: (i) Degreasing; (ii) Acid demineralization; (iii) Acid or alkaline treatment; (iv) Filtration; and (v) Sterilization at 138 °C (280.4 °F) or greater for a minimum of 4 seconds; and (4) The gelatin has not been commin gled with materials ineligible for entry into the United States. (e) The gelatin is accompanied to the United States by an original certificate signed by a full-time salaried veteri nary officer of the national govern ment of the exporting region, or issued by a veterinarian designated by the na tional government of the exporting re gion and endorsed by a full-time sala ried veterinary officer of the national government of the exporting region, representing that the veterinarian issuing the certificate was authorized to do so. The certificate must state that the requirements of paragraph (b), (c), or (d) of this section, as applicable, have been met and, for gelatin other than that described in paragraph (b) of this section, must indicate the BSE risk classification of the exporting re gion. (f) The Administrator determines that the gelatin will not come into VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00605 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 596 9 CFR Ch. I (1–1–18 Edition) § 94.24 contact with ruminants in the United States and can be imported under con ditions that will prevent the introduc tion of BSE into the United States, and the person importing the gelatin has obtained a United States Veterinary Permit for Importation and Transpor tation of Controlled Materials and Or ganisms and Vectors. To apply for a permit, file a permit application on VS Form 16–3 (available from APHIS, Vet erinary Services, National Center for Import and Export, 4700 River Road Unit 38, Riverdale, MD 20737–1231, or electronically at http:// www.aphis.usda.gov/animallhealth/per mits/). The application for such a per mit must state the intended use of the gelatin and name and address of the consignee in the United States. [78 FR 72999, Dec. 4, 2013] § 94.24 Restrictions on importation of meat and edible products from ovines and caprines due to bovine spongiform encephalopathy. (a) Except as provided in paragraph (b) of this section and in § 94.25, the im portation of meat, meat products, and edible products other than meat (ex cluding milk and milk products) from ovines and caprines that have been in any of the following regions is prohib ited: Albania, Andorra, Austria, Bel gium, Bosnia-Herzegovina, Bulgaria, Canada, Croatia, the Czech Republic, Denmark, the Federal Republic of Yugoslavia, Finland, France, Germany, Greece, Hungary, the Republic of Ire land, Israel, Italy, Japan, Liech tenstein, Luxembourg, the Former Yugoslav Republic of Macedonia, Monaco, Norway, Oman, the Nether lands, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. (b) The importation of gelatin de rived from ovines or caprines that have been in any region listed in paragraph (a) of this section is prohibited unless the following conditions have been met: (1) The gelatin is imported for use in human food, human pharmaceutical products, photography, or some other use that will not result in the gelatin coming in contact with ruminants in the United States. (2) The person importing the gelatin obtains a United States Veterinary Permit for Importation and Transpor tation of Controlled Materials and Or ganisms and Vectors by filing a permit application on VS Form 16–3. Permit applications are available from APHIS, Veterinary Services, National Center for Import and Export, 4700 River Road Unit 38, Riverdale, MD 20737–1231, or at http://www.aphis.usda.gov/ animallhealth/permits/. Forms may be submitted using a U.S. Government electronic information exchange sys tem or other authorized method. The application for such a permit must state the intended use of the gelatin and name and address of the consignee in the United States. [78 FR 72999, Dec. 4, 2013, as amended at 81 FR 40152, June 21, 2016] § 94.25 Restrictions on the importation from Canada of meat and edible products from ovines and caprines other than gelatin. The commodities listed in paragraphs (a) and (b) of this section may be im ported from Canada if the conditions of this section are met. (a) Meat, carcasses, meat byproducts, and meat food products from ovines or caprines. (1) The meat, carcass, meat byproduct, or meat food product, as de fined by FSIS in 9 CFR 301.2, is derived from ovines or caprines that are from a flock or herd subject to a ruminant feed ban equivalent to the require ments established by the U.S. Food and Drug Administration at 21 CFR 589.2000, and the ovines or caprines: (i) Were less than 12 months of age when slaughtered; (ii) Were slaughtered at a facility that either slaughters only ovines or caprines less than 12 months of age or complies with a segregation process ap proved by the national veterinary au thority of the region of origin and the Administrator as adequate to prevent contamination or commingling of the meat with products not eligible for im portation into the United States; (iii) Did not test positive for and were not suspect for a transmissible spongiform encephalopathy; (iv) Never resided in a flock or herd that has been diagnosed with BSE; and VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00606 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 597 Animal and Plant Health Inspection Service, USDA § 94.27 (v) Were not subject to any move ment restrictions within Canada as a result of exposure to a transmissible spongiform encephalopathy. (2) The commodities are accompanied by an original certificate of such com pliance issued by a full-time salaried veterinary officer of Canada, or issued by a veterinarian designated by the Ca nadian government and endorsed by a full-time salaried veterinary officer of the Government of Canada, rep resenting that the veterinarian issuing the certificate was authorized to do so; and if all other applicable require ments of this part are met. (b) Meat or dressed carcasses of hunter harvested ovines or caprines. (1) The meat or dressed carcass (eviscerated and the head is removed) is derived from a wild ovine or caprine that has been legally harvested in the wild, as verified by proof such as a hunting li cense, tag, or the equivalent that the hunter must show to the United States Customs and Border Protection offi cial; and (2) The animal from which the meat is derived was harvested within a juris diction specified by the Administrator for which the game and wildlife service of the jurisdiction has informed the Administrator either that the jurisdic tion conducts no type of game feeding program, or has complied with, and continues to comply with, a ruminant feed ban equivalent to the require ments established by the U.S. Food and Drug Administration at 21 CFR 589.2000. (c) Ports. All products to be brought into the United States under this sec tion must, if arriving at a land border port, arrive at one of the following ports: Eastport, ID; Houlton, ME; De troit (Ambassador Bridge), Port Huron, and Sault St. Marie, MI; International Falls, MN; Sweetgrass, MT; Alexandria Bay, Buffalo (Lewiston Bridge and Peace Bridge), and Champlain, NY; Pembina and Portal, ND; Derby Line and Highgate Springs, VT; and Blaine (Pacific Highway and Cargo Ops), Lynden, Oroville, and Sumas (Cargo), WA. [78 FR 72999, Dec. 4, 2013] § 94.26 Gelatin derived from horses or swine or from ovines or caprines that have not been in a region re stricted because of BSE. Gelatin derived from horses or swine, or from ovines or caprines that have not been in any region listed in § 94.24(a) must be accompanied at the time of importation into the United States by an official certificate issued by a veterinarian employed by the na tional government of the region of ori gin. The official certificate must state the species of animal from which the gelatin is derived and, if the gelatin is derived from ovines or caprines, certify that the gelatin is not derived from ovines or caprines that have been in any region listed in § 94.24(a). [78 FR 72999, Dec. 4, 2013] § 94.27 Transit shipment of articles. Meat, meat products, and other edi ble products derived from bovines, ovines, or caprines that are otherwise prohibited importation into the United States in accordance with § 94.18 through § 94.26 may transit air and ocean ports in the United States for immediate export if the conditions of paragraphs (a) through (c) this section are met. Meat, meat products, and other edible products derived from bo vines, ovines, or caprines are eligible to transit the United States by over land transportation if the requirements of paragraphs (a) through (d) of this section are met: (a) The articles must be sealed in leakproof containers bearing serial numbers during transit. Each con tainer must remain sealed during the entire time that it is in the United States. (b) The person moving the articles must notify, in writing, the inspector at both the place in the United States where the articles will arrive and the port of export before such transit. No tification may be made using a U.S. Government electronic information ex change system or other authorized method. The notification must include the: (1) Times and dates of arrival in the United States; (2) Times and dates of exportation from the United States; (3) Mode of transportation; and VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00607 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 598 9 CFR Ch. I (1–1–18 Edition) § 94.28 (4) Serial numbers of the sealed con tainers. (c) The articles must transit the United States in Customs bond. (d) The commodities must be eligible to enter the United States in accord ance with the provisions of this part and must be accompanied by the cer tification required by that section. Ad ditionally, the following conditions must be met: (1) The shipment must be exported from the United States within 7 days of its entry; and (2) The commodities may not be transloaded while in the United States, except for direct transloading under the supervision of an authorized in spector, who must break the seals of the national government of the region of origin on the means of conveyance that carried the commodities into the United States and seal the means of conveyance that will carry the com modities out of the United States with seals of the U.S. Government. (Approved by the Office of Management and Budget under control number 0579–0393) [78 FR 72999, Dec. 4, 2013, as amended at 81 FR 40152, June 21, 2016] § 94.28 Restrictions on the importation of poultry meat and products, and live birds and poultry, from the APHIS-defined EU Poultry Trade Region. (a) Poultry meat and products. In addi tion to meeting all other applicable provisions of this part, poultry meat and poultry products, including eggs and egg products (other than hatching eggs) imported from the APHIS-defined EU Poultry Trade Region must meet the following conditions: (1) The poultry meat and products must not have been derived from birds and poultry that were in any of the fol lowing regions or zones, unless the birds and poultry were slaughtered after the periods described, or unless the poultry meat and products are ac companied by a certificate specifying that the articles were cooked and proc essed in accordance with the regula tions in § 94.6(b)(3) or (b)(4): (i) Any region when the region was classified in § 94.6(a)(1)(i) as one in which Newcastle disease is considered to exist, or any region when the region was listed in accordance with § 94.6(a)(2)(i) as one in which HPAI is considered to exist, except for the APHIS-defined EU Poultry Trade Re gion; (ii) A restricted zone in the APHIS defined EU Poultry Trade Region es tablished because of detection of New castle disease or HPAI in commercial poultry, from the time of detection until the designation of the zone as a restricted zone is removed by the com petent veterinary authority of the Member State or until 3 months (90 days) following depopulation of the poultry on affected premises in the re stricted zone and the cleaning and dis infection of the last affected premises in the zone, whichever is later; or (iii) A restricted zone in the APHIS defined EU Poultry Trade Region es tablished because of detection of New castle disease or HPAI in racing pi geons, backyard flocks, or wild birds, from the time of detection until the designation of the zone as a restricted zone is removed by the competent vet erinary authority of the Member State. (2) The poultry meat and products must not have been commingled with poultry meat and products derived from other birds and poultry that were in any of the regions or zones described in paragraphs (a)(1)(i) through (a)(1)(iii) of this section. Additionally, the poultry meat and products must not have been derived from poultry that were commingled with other poul try that were in any of the regions or zones described in paragraphs (a)(1)(i) through (a)(1)(iii) of this section. (3) No equipment or materials used in transporting the birds or poultry from which the poultry meat and products were derived from the farm of origin to the slaughtering establishment may have been used previously for trans porting live birds or poultry that do not meet the requirements of § 94.28(b), unless the equipment and materials have first been cleaned and disinfected. (4) The poultry meat and products, including eggs and egg products (other than hatching eggs) must be accom panied by a certificate issued by an of ficial of the competent veterinary au thority of the APHIS-defined EU Poul try Trade Region Member State who is VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00608 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 599 Animal and Plant Health Inspection Service, USDA § 94.28 authorized to issue the inspection cer tificate required by § 93.205 of this sub chapter, stating that the applicable provisions of paragraphs (a)(1) through (a)(3) of this section have been met. The certification for poultry meat and products may be placed on the foreign meat inspection certificate required by § 381.196 of this title or may be con tained in a separate document. (b) Live birds and poultry. In addition to meeting all other applicable provi sions of this title, live birds and poul try, except hatching eggs, imported from the APHIS-defined EU Poultry Trade Region must meet the following conditions: (1) The birds and poultry must not have been in any of the following re gions or zones, unless the birds and poultry are exported to the United States after the periods described. (i) Any region when the region was classified in § 94.6(a)(1)(i) as one in which Newcastle disease is considered to exist, or any region when the region was listed in accordance with § 94.6(a)(2)(i) as one in which HPAI is considered to exist, except for the APHIS-defined EU Poultry Trade Re gion; (ii) A restricted zone in the APHIS defined EU Poultry Trade Region es tablished because of detection of New castle disease or HPAI in commercial poultry, from the time of detection until the designation of the zone as a restricted zone is removed by the com petent veterinary authority of the Member State or until 3 months (90 days) following depopulation of the poultry on affected premises in the re stricted zone and the cleaning and dis infection of the last affected premises in the zone, whichever is later; or (iii) A restricted zone in the APHIS defined EU Poultry Trade Region es tablished because of detection of New castle disease or HPAI in racing pi geons, backyard flocks, and wild birds, from the time of detection until the designation of the zone as a restricted zone is removed by the competent vet erinary authority of the Member State. (2) The birds and poultry must not have been commingled with other birds or poultry that have at any time been in any of the regions or zones described in paragraphs (b)(1)(i) through (b)(1)(iii) of this section. (3) No equipment or materials used in transporting the birds and poultry may have been used previously for trans porting birds or poultry that do not meet the requirements of this para graph, unless the equipment and mate rials have first been cleaned and dis infected. (4) The birds and poultry must be ac companied by a certificate issued by an official of the competent veterinary authority of the Member State who is authorized to issue the inspection cer tificate required by § 93.205 of this sub chapter, stating that the applicable provisions of paragraphs (b)(1) through (b)(3) of this section have been met. The certification may be placed on the foreign meat inspection certificate re quired by § 381.196 of this title or may be contained in a separate document. (c) Hatching eggs. Hatching eggs in tended for import from the APHIS-de fined EU Poultry Trade Region are sub ject to all applicable provisions of paragraph (b) of this section, except that such hatching eggs may be moved through zones established because of detection of HPAI within the APHIS defined EU Poultry Trade Region pro vided that the hatching eggs are trans ported under official seal and accom panied by a certificate as indicated in paragraph (b)(4) of this section stating that the applicable provisions of para graph (b) have been met. The import permit will require the seal number to be listed on the health certificate that accompanies the shipment and the vet erinarian who places the seal will be required to sign his or her name under the seal number. Seals must not be broken until the shipment reaches its U.S. port of entry. Hatching egg ship ment with seals that are not intact will be rejected upon inspection at the U.S. port of entry. (d) Presentation of certificates. The certificates required by paragraphs (a)(4), (b)(4), and (c) of this section must be presented by the importer to an authorized inspector at the port of arrival, upon arrival of the birds, poul try, hatching eggs, or poultry meat and products at the port. [78 FR 19084, Mar. 29, 2013, as amended at 79 FR 7568, Feb. 10, 2014] VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00609 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 600 9 CFR Ch. I (1–1–18 Edition) § 94.29 § 94.29 Restrictions on importation of fresh (chilled or frozen) beef and ovine meat from specified regions. Notwithstanding any other provi sions of this part, fresh (chilled or fro zen) beef from a region in Argentina lo cated north of Patagonia South and Patagonia North B, referred to as Northern Argentina (the region some times referred to as Patagonia North A is included in Northern Argentina); fresh (chilled or frozen) beef from a re gion in Brazil composed of the States of Bahia, Distrito Federal, Espı́rito Santo, Goiás, Mato Grosso, Mato Grosso do Sul, Minas Gerais, Paraná, Rio Grande do Sul, Rio de Janeiro, Rondônia, São Paulo, Sergipe, and Tocantins; and fresh (chilled or frozen) beef and ovine meat from Uruguay may be exported to the United States under the following conditions: (a) The meat is: (1) Beef from animals that have been born, raised, and slaughtered in the ex porting regions of Argentina or Brazil; or (2) Beef or ovine meat from Uruguay derived from animals that have been born, raised, and slaughtered in Uru guay. (b) Foot-and-mouth disease has not been diagnosed in the exporting region of Argentina (for beef from Argentina), the exporting region of Brazil (for beef from Brazil), or in Uruguay (for beef or ovine meat from Uruguay) within the previous 12 months. (c) The meat comes from bovines or sheep that originated from premises where foot-and-mouth disease has not been present during the lifetime of any bovines and sheep slaughtered for the export of beef and ovine meat to the United States. (d) The meat comes from bovines or sheep that were moved directly from the premises of origin to the slaugh tering establishment without any con tact with other animals. (e) The meat comes from bovines or sheep that received ante-mortem and post-mortem veterinary inspections, paying particular attention to the head and feet, at the slaughtering establish ment, with no evidence found of vesic ular disease. (f) The meat consists only of bovine parts or ovine parts that are, by stand ard practice, part of the animal’s car cass that is placed in a chiller for mat uration after slaughter and before re moval of any bone, blood clots, or lymphoid tissue. The bovine and ovine parts that may not be imported include all parts of the head, feet, hump, hooves, and internal organs. (g) All bone and visually identifiable blood clots and lymphoid tissue have been removed from the meat; except that bone-in ovine meat from Uruguay may be exported to the United States under the following conditions: (1) The meat must be derived from se lect lambs that have never been vac cinated for FMD; (2) The select lambs must be main tained in a program approved by the Administrator. Lambs in the program must: (i) Be segregated from other FMD susceptible livestock at a select lamb facility operated under the authority of the national veterinary authority of Uruguay; (ii) Be subjected to an FMD testing scheme approved by the Administrator; and (iii) Be individually identified with official unique identification that is part of a national traceability system sufficient to ensure that only the prod ucts of select lambs meeting all re quired criteria are exempt from the deboning requirement. (3) Select lambs and their products must not be commingled with other animals and their products within the slaughter facility. (h) The meat has not been in contact with meat from regions other than those listed in § 94.1(a). (i) The meat came from carcasses that were allowed to maturate at 40 to 50 °F (4 to 10 °C) for a minimum of 24 hours after slaughter and that reached a pH below 6.0 in the loin muscle at the end of the maturation period. Measure ments for pH must be taken at the middle of both longissimus dorsi mus cles. Any carcass in which the pH does not reach less than 6.0 may be allowed to maturate an additional 24 hours and be retested, and, if the carcass still has not reached a pH of less than 6.0 after 48 hours, the meat from the carcass may not be exported to the United States. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00610 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 601 Animal and Plant Health Inspection Service, USDA § 94.31 (j) An authorized veterinary official of the government of the exporting re gion certifies on the foreign meat in spection certificate that the above con ditions have been met. (k) The establishment in which the bovines and sheep are slaughtered al lows periodic on-site evaluation and subsequent inspection of its facilities, records, and operations by an APHIS representative. (Approved by the Office of Management and Budget under control numbers 0579–0372, 0579–0414, 0579–0428, and 0579–0449) [80 FR 37952, July 2, 2015; 82 FR 6212, Jan. 19, 2017; 82 FR 42732, Sept. 12, 2017] § 94.30 Importation of poultry meat and other poultry products from Sinaloa and Sonora, Mexico. Notwithstanding any other provi sions of this part, poultry meat and other poultry products from the States of Sinaloa and Sonora, Mexico, may be imported into the United States under the following conditions: (a) The poultry meat or other poultry products are derived from poultry born and raised in Sinaloa or Sonora and slaughtered in Sinaloa or Sonora at a federally inspected slaughter plant under the direct supervision of a full time salaried veterinarian of the Gov ernment of Mexico, and the slaughter plant must be approved to export poul try meat and other poultry products to the United States in accordance with 9 CFR 381.196. (b) If processed, the poultry meat or other poultry products were processed in either Sinaloa or Sonora, Mexico, in a federally inspected processing plant that is under the direct supervision of a full-time salaried veterinarian of the Government of Mexico. (c) The poultry meat or other poultry products have not been in contact with poultry from any State in Mexico other than Sinaloa or Sonora or with poultry from any other region not listed in § 94.6 as a region where Newcastle dis ease is not known to exist. (d) The foreign meat inspection cer tificate accompanying the poultry meat or other poultry products (re quired by 9 CFR 381.197) includes state ments certifying that the requirements in paragraphs (a), (b), and (c) of this section have been met and, if applica ble, listing the numbers of the seals re quired by paragraph (e)(1) of this sec tion. (e) The shipment of poultry meat or other poultry products has not been in any State in Mexico other than Sinaloa or Sonora or in any other region not listed in § 94.6 as a region where New castle disease is not known to exist, unless: (1) The poultry meat or other poultry products arrive at the U.S. port of entry in shipping containers bearing intact, serially numbered seals that were applied at the federally inspected slaughter plant by a full-time salaried veterinarian of the Government of Mexico, and the seal numbers cor respond with the seal numbers listed on the foreign meat inspection certifi cate; or (2) The poultry meat or other poultry products arrive at the U.S. port of entry in shipping containers bearing seals that have different numbers than the seal numbers on the foreign meat inspection certificate, but, upon in spection of the hold, compartment, or container and all accompanying docu mentation, an APHIS representative is satisfied that the poultry containers were opened and resealed en route by an appropriate official of the Govern ment of Mexico and the poultry meat or other poultry products were not con taminated or exposed to contamination during movement from Sinaloa or So nora to the United States. [65 FR 15526, Mar. 23, 2000. Redesignated at 70 FR 550, Jan. 4, 2005, as amended at 78 FR 19084, Mar. 29, 2013. Redesignated at 78 FR 72999, Dec. 4, 2013] § 94.31 Restrictions on the importation of pork, pork products, and swine from the APHIS-defined European CSF region. (a) Pork and pork products. In addition to meeting all other applicable provi sions of this part, fresh pork and pork products imported from the APHIS-de fined European CSF region must meet the following conditions: (1) The pork or pork products must not have been derived from swine that were in any of the following regions or zones, unless the swine were slaugh tered after the periods described: VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00611 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 602 9 CFR Ch. I (1–1–18 Edition) § 94.31 19 The certification required may be placed on the foreign meat inspection certificate re quired by § 327.4 of this title or may be con tained in a separate document. (i) Any region when the region was classified under §§ 94.9(a) and 94.10(a) as a region in which classical swine fever is known to exist, except for the APHIS-defined European CSF region; (ii) A restricted zone in the APHIS defined European CSF region estab lished because of detection of classical swine fever in domestic swine, from the time of detection until the designation of the zone as a restricted zone is re moved by the competent veterinary au thority or until 6 months following de population of the swine on affected premises in the restricted zone and the cleaning and disinfection of the last af fected premises in the zone, whichever is later; or (iii) A restricted zone in the APHIS defined European CSF region estab lished because of the detection of clas sical swine fever in wild boar, from the time of detection until the designation of the zone as a restricted zone is re moved by the competent veterinary au thority. (2) The pork and pork products must not have been commingled with pork or pork products derived from other swine that were in any of the regions or zones described in paragraphs (a)(1)(i) through (a)(1)(iii) of this sec tion, unless the other swine were slaughtered after the periods described. Additionally, the pork and pork prod ucts must not have been derived from swine that were commingled with other swine that were in any of the re gions or zones described in paragraphs (a)(1)(i) through (a)(1)(iii) of this sec tion, unless the swine from which the pork or pork products were derived were slaughtered after the periods de scribed. (3) The swine from which the pork or pork products were derived must not have transited any region or zone de scribed in paragraphs (a)(1)(i) through (a)(1)(iii) of this section, unless the swine were moved directly through the region or zone in a sealed means of con veyance with the seal determined to be intact upon arrival at the point of des tination, or unless the swine were slaughtered after the periods described. (4) No equipment or materials used in transporting the swine from which the pork or pork products were derived from the farm of origin to the slaugh tering establishment may have been used previously for transporting swine that do not meet the requirements of this section, unless the equipment and materials have first been cleaned and disinfected. (5) The pork and pork products must be accompanied by a certificate issued by an official of the competent veteri nary authority who is authorized to issue the foreign meat inspection cer tificate required by § 327.4 of this title, stating that the applicable provisions of paragraphs (a)(1) through (a)(4) of this section have been met. 19 (b) Live swine. In addition to meeting all other applicable provisions of this title, live swine imported from the APHIS-defined European CSF region must meet the following conditions: (1) The swine must be breeding swine. (2) The swine must not have been in any of the following regions or zones, unless the swine are exported to the United States after the periods de scribed: (i) Any region when the region was classified under §§ 94.9(a) and 94.10(a) as a region in which classical swine fever is known to exist, except for the APHIS-defined European CSF region; (ii) A restricted zone in the APHIS defined European CSF region estab lished because of the detection of clas sical swine fever in domestic swine, from the time of detection until the designation of the zone as a restricted zone is removed by the competent vet erinary authority or until 6 months following depopulation of the swine on affected premises in the restricted zone and the cleaning and disinfection of the last affected premises in the zone, whichever is later; or (iii) A restricted zone in the APHIS defined European CSF region estab lished because of the detection of clas sical swine fever in wild boar, from the time of detection until the designation of the zone as a restricted zone is re moved by the competent veterinary au thority. (3) The swine must not have been commingled with other swine that VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00612 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 603 Animal and Plant Health Inspection Service, USDA § 94.32 20 The certification required may be placed on the certificate required by § 93.505(a) of this chapter or may be contained in a sepa rate document have at any time been in any of the re gions or zones described in paragraphs (b)(2)(i) through (b)(2)(iii) of this sec tion, unless the swine are exported after the periods described. (4) The swine must not have transited any region or zone described in paragraphs (b)(2)(i) through (b)(2)(iii) of this section, unless the swine were moved directly through the region or zone in a sealed means of con veyance with the seal determined to be intact upon arrival at the point of des tination, or unless the swine are ex ported after the periods described; (5) No equipment or materials used in transporting the swine may have been used previously for transporting swine that do not meet the requirements of this section, unless the equipment and materials have first been cleaned and disinfected. (6) The swine must be accompanied by a certificate issued by a salaried veterinary officer of the competent veterinary authority, stating that the conditions of paragraphs (b)(1) through (b)(5) of this section have been met. 20 (c) The certificates required by para graphs (a)(5) and (b)(6) of this section must be presented by the importer to an authorized inspector at the port of arrival, upon arrival of the swine, pork, or pork products at the port. (Approved by the Office of Management and Budget under control numbers 0579–0218 and 0579–0265) [71 FR 29071, May 19, 2006. Redesignated at 71 FR 31070, June 1, 2006, as amended at 72 FR 67232, Nov. 28, 2007; 74 FR 18288, Apr. 22, 2009; 76 FR 4054, Jan. 24, 2011; 76 FR 70039, Nov. 10, 2011; 77 FR 1395, Jan. 10, 2012. Redesignated at 78 FR 72999, Dec. 4, 2013] § 94.32 Restrictions on the importation of live swine, pork, or pork prod ucts from certain regions free of classical swine fever. (a) Live swine, pork, or pork products and ship stores, airplane meals, and baggage containing pork or pork prod ucts, other than those articles regu lated under part 95 or part 96 of this chapter, may not be imported into the United States from a region listed under paragraph (a)(2) of this section unless the requirements in this section, in addition to other applicable require ments of part 93 of this chapter and part 327 of this title, are met. (1) The regions listed under para graph (a)(2) of this section have been declared free of classical swine fever (CSF) by APHIS in accordance with §§ 94.9(a) and 94.10(a) but either supple ment their pork supplies with fresh (chilled or frozen) pork imported from regions considered to be affected by CSF, or supplement their pork supplies with pork from CSF-affected regions that is not processed in accordance with the requirements of this part, or share a common land border with CSF affected regions, or import live swine from CSF-affected regions under condi tions less restrictive than would be ac ceptable for importation into the United States. Thus, the live swine, pork, or pork products from those re gions may be commingled with live swine, pork, or pork products from CSF-affected regions, resulting in a risk of CSF introduction into the United States. (2) A list of regions whose live swine, pork, and pork products are regulated under this section is maintained 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. (3) APHIS will add a region to the list of those whose live swine, pork, and pork products are regulated under this section after conducting an eval uation of the region and determining that one or more of the circumstances described in paragraph (a)(1) of this section exists. APHIS will remove a re gion from the list upon conducting an evaluation of the region and deter mining that the circumstances in para graph (a)(1) of this section no longer exist or upon determining that clas sical swine fever exists in the region. (b) Live swine. The swine must be ac companied by a certification issued by VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00613 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 604 9 CFR Ch. I (1–1–18 Edition) § 94.33 a full-time salaried veterinary officer of the national government of the re gion of export. Upon arrival of the swine in the United States, the certifi cation must be presented to an author ized inspector at the port of arrival. The certification must identify both the exporting region and the region of origin as a region listed under §§ 94.9 and 94.10 as free of CSF at the time the swine were in the region and must state that: (1) The swine have not lived in a re gion classified under §§ 94.9 and 94.10 as a region in which CSF is known to exist; (2) The swine have never been com mingled with swine that have been in a region that is classified under §§ 94.9 and 94.10 as a region in which CSF is known to exist; (3) The swine have not transited a re gion classified under §§ 94.9 and 94.10 as a region in which CSF is known to exist unless moved directly through the region to their destination in a sealed means of conveyance with the seal intact upon arrival at the point of destination; and (4) The conveyances or materials used in transporting the swine, if pre viously used for transporting swine, have been cleaned and disinfected in accordance with the requirements of § 93.502 of this chapter. (c) Pork or pork products. The pork or pork products must be accompanied by a certification issued by a full-time salaried veterinary officer of the na tional government of the region of ex port. Upon arrival of the pork or pork products in the United States, the cer tification must be presented to an au thorized inspector at the port of ar rival. The certification must identify both the exporting region and the re gion of origin of the pork or pork prod ucts as a region listed under §§ 94.9 and 94.10 as free of CSF at the time the pork or pork products were in the re gion and must state that: (1) The pork or pork products were derived from swine that were born and raised in a region listed under §§ 94.9 and 94.10 as free of CSF and were slaughtered in such a region at a feder ally inspected slaughter plant that is under the direct supervision of a full time salaried veterinarian of the na tional government of that region and that is eligible to have its products im ported into the United States under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the regulations in § 327.2 of this title; (2) The pork or pork products were derived from swine that have not lived in a region classified under §§ 94.9 and 94.10 as a region in which CSF is known to exist; (3) The pork or pork products have never been commingled with pork or pork products that have been in a re gion that is classified under §§ 94.9 and 94.10 as a region in which CSF is known to exist; (4) The pork or pork products have not transited through a region classi fied under §§ 94.9 and 94.10 as a region in which CSF is known to exist unless moved directly through the region to their destination in a sealed means of conveyance with the seal intact upon arrival at the point of destination; and (5) If processed, the pork or pork products were processed in a region listed under §§ 94.9 and 94.10 as free of CSF in a federally inspected processing plant that is under the direct super vision of a full-time salaried veterinary official of the national government of that region. (Approved by the Office of Management and Budget under control numbers 0579–0230 and 0579–0235) [71 FR 31070, June 1, 2006, as amended at 72 FR 30470, June 1, 2007; 76 FR 15211, Mar. 21, 2011; 77 FR 1395, Jan. 10, 2012. Redesignated at 78 FR 72999, Dec. 4, 2013] § 94.33 Restrictions on importation of live poultry, poultry meat, and other poultry products from speci fied regions. Argentina and the Mexican States of Campeche, Quintana Roo, and Yucatan, which are declared in § 94.6(a)(1) to be free of Newcastle disease, supplement their meat supply by the importation of fresh (chilled or frozen) poultry meat from regions designated in § 94.6(a) as regions where Newcastle dis ease is considered to exist, have a com mon land border with regions where Newcastle disease is considered to exist, or import live poultry from re gions where Newcastle disease is con sidered to exist under conditions less VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00614 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 605 Animal and Plant Health Inspection Service, USDA § 94.33 restrictive than would be acceptable for importation into the United States. Thus, even though the Department has declared such regions to be free of New castle disease, live poultry originating in such free regions may be commin gled with live poultry originating in an Newcastle disease-affected region and the meat and other animal products produced in such free regions may be commingled with the fresh (chilled or frozen) meat of animals from an New castle disease-affected region, resulting in an undue risk of introducing New castle disease into the United States. Therefore, live poultry, poultry meat and other poultry products, and ship stores, airplane meals, and baggage containing such meat or animal prod ucts originating in the free regions listed in this section may not be im ported into the United States unless the following requirements, in addition to all other applicable requirements of part 93 of this chapter and of chapter III of this title, are met: (a) Additional certification. Live poul try, poultry meat, and other poultry products from any region designated in this section must be accompanied by an additional certification by a full time salaried veterinary officer of the national Government of the exporting region. Upon arrival of the live poul try, poultry meat, or other poultry product in the United States, the cer tification must be presented to an au thorized inspector at the port of ar rival. (b) Live poultry. The certification ac companying live poultry must identify the exporting region of the poultry as a region designated in § 94.6(a) as free of Newcastle disease and highly patho genic avian influenza at the time the poultry were in the region and must state that: (1) The poultry have not been in con tact with poultry or poultry products from any region where Newcastle dis ease is considered to exist; (2) The poultry have not lived in a re gion where Newcastle disease is consid ered to exist; and (3) The poultry have not transited through a region where Newcastle dis ease is considered to exist unless moved directly through the region in a sealed means of conveyance with the seal intact upon arrival at the point of destination. (c) Poultry meat or other poultry prod ucts. The certification accompanying poultry meat or other poultry products must state that: (1) The poultry meat or other poultry products are derived from poultry that meet all requirements of this section and that have been slaughtered in a re gion designated in § 94.6(a) as free of Newcastle disease and highly patho genic avian influenza at a federally in spected slaughter plant that is under the direct supervision of a full-time salaried veterinarian of the national Government of the exporting region and that is approved to export poultry meat and other poultry products to the United States in accordance with § 381.196 of this title; (2) The poultry meat or other poultry products have not been in contact with poultry meat or other poultry products from any region where Newcastle dis ease is considered to exist; (3) The poultry meat or other poultry products have not transited through a region where Newcastle disease is con sidered to exist unless moved directly through the region in a sealed means of conveyance with the seal intact upon arrival at the point of destination; and (4) If processed, the poultry meat or other poultry products were processed in a region designated in § 94.6(a) as free of Newcastle disease and highly pathogenic avian influenza in a feder ally inspected processing plant that is under the direct supervision of a full time salaried veterinarian of the na tional Government of the exporting re gion. (Approved by the Office of Management and Budget under control number 0579–0228) [69 FR 3823, Jan. 27, 2004. Redesignated at 70 FR 550, Jan. 4, 2005, as amended at 71 FR 4813, Jan. 30, 2006; 76 FR 4055, Jan. 24, 2011; 78 FR 19084, Mar. 29, 2013. Redesignated at 78 FR 72999, Dec. 4, 2013] VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00615 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 606 9 CFR Ch. I (1–1–18 Edition) Pt. 95 PART 95—SANITARY CONTROL OF ANIMAL BYPRODUCTS (EXCEPT CASINGS), AND HAY AND STRAW, OFFERED FOR ENTRY INTO THE UNITED STATES Sec. 95.1 Definitions. 95.2 Region of origin. 95.3 Byproducts from diseased animals pro hibited. 95.4 Restrictions on the importation of processed animal protein, offal, tankage, fat, glands, certain tallow other than tal low derivatives, and serum due to bovine spongiform encephalopathy. 95.5 Processed animal protein derived from ruminants. 95.6 Offal derived from bovines. 95.7 Collagen derived from bovines. 95.8 Tallow derived from bovines. 95.9 Derivatives of tallow derived from bo vines. 95.10 Dicalcium phosphate derived from bo vines. 95.11 Specified risk materials. 95.12 Blood and blood products derived from bovines. 95.13 Importation from regions of negligible risk for BSE of processed animal protein derived from animals other than ruminants. 95.14 Importation from regions of controlled risk or undetermined risk for BSE of processed animal protein derived from animals other than ruminants. 95.15 Transit shipment of articles. 95.16 Untanned hides and skins and bird tro phies; requirements for entry. 95.17 Untanned hides, skins, and bird tro phies; importations permitted subject to restrictions. 95.18 Wool, hair, and bristles; requirements for unrestricted entry. 95.19 Wool, hair, and bristles; importations permitted subject to restrictions. 95.20 Glue stock; requirements for unre stricted entry. 95.21 Glue stock; importations permitted subject to restrictions. 95.22 Bones, horns, and hoofs for trophies or museums; disinfected hoofs. 95.23 Bones, horns, and hoofs; importations permitted subject to restrictions. 95.24 Bone meal for use as fertilizer or as feed for domestic animals; requirements for entry. 95.25 Blood meal, tankage, meat meal, and similar products, for use as fertilizer or animal feed; requirements for entry. 95.26 Blood meal, blood albumin, intestines, and other animal byproducts for indus trial use; requirements for unrestricted entry. 95.27 Blood meal, blood albumin, intestines, and other animal byproducts for indus trial use; importations permitted subject to restrictions. 95.28 Glands, organs, ox gall, and like mate rials; requirements for unrestricted entry. 95.29 Glands, organs, ox gall, and like mate rials; importations permitted subject to restrictions. 95.30 Animal stomachs. 95.31 Animal manure. 95.32 Hay and straw; requirements for unre stricted entry. 95.33 Hay and straw; importations per mitted subject to restrictions. 95.34 Previously used meat covers; importa tions permitted subject to restrictions. 95.35 Methods for disinfection of hides, skins, and other materials. 95.36 Transportation of restricted import products; placarding cars and marking billing; unloading enroute. 95.37 Railroad cars, trucks, boats, aircraft and other means of conveyance, equip ment or containers, yards, and premises; cleaning and disinfection. 95.38 Regulations applicable to products from Territorial possessions. 95.39 Hay or straw and similar material from tick-infested areas. 95.40 Certification for certain materials. AUTHORITY: 7 U.S.C. 8301–8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4. SOURCE: 28 FR 5981, June 13, 1963, unless otherwise noted. § 95.1 Definitions. Whenever in the regulations in this part the following words, names, or terms are used they shall be construed, respectively, to mean: Administrator means the Adminis trator, Animal and Plant Health In spection Service, or any individual au thorized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS) means the Animal and Plant Health Inspection Service of the United States Department of Agri culture. Animal byproducts means hides, skins, hair, wool, glue stock, bones, hoofs, horns, bone meal, hoof meal, horn meal, blood meal, meat meal, tankage, glands, organs, or other parts or prod ucts of ruminants and swine unsuitable for human consumption. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00616 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