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Subchapter H—Animal Breeds

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Subchapter H—Animal Breeds SUBCHAPTER H—ANIMAL BREEDS PART 151—RECOGNITION OF Animal and Plant Health Inspection BREEDS AND BOOKS OF RECORD Service. The Animal and Plant Health OF PUREBRED ANIMALS Inspection Service of the United States Department of Agriculture (APHIS). DEFINITIONS Book of record. A printed book or an approved microfilm record sponsored Sec. by a registry association and con- 151.1 Definitions. taining breeding data relative to a CERTIFICATION OF PUREBRED ANIMALS large number of registered purebred 151.2 Issuance of a certificate of pure breed- animals used as a basis for the issuance ing. of pedigree certificates. 151.3 Application for certificate of pure Certificates of pure breeding. A certifi- breeding. cate issued by the Administrator, for 151.4 Pedigree certificate. Bureau of Customs use only, certifying 151.5 Alteration of pedigree certificate. that the animal to which the certifi- 151.6 Statement of owner, agent, or im- porter as to identity of animals. cate refers is a purebred animal of a 151.7 Examination of animal. recognized breed and duly registered in 151.8 Eligibility of an animal for certifi- a book of record recognized under the cation. regulations in this part for that breed. Department. The United States De- RECOGNITION OF BREEDS AND BOOKS OF partment of Agriculture. RECORD Inspector. An inspector of APHIS or 151.9 Recognized breeds and books of record. of the Bureau of Customs of the United 151.10 Recognition of additional breeds and books of record. States Treasury Department author- 151.11 Form of books of record. ized to perform functions under the regulations in this part. AUTHORITY: 19 U.S.C. 1202; 7 CFR 2.22, 2.80, and 371.4. Pedigree certificate. A document issued by a registry association giving DEFINITIONS the pedigree of an animal and certi- fying that it is registered in the book § 151.1 Definitions. of record of the association issuing the Words used in this part in the sin- document, and containing all pertinent gular form shall be deemed to import information relating to the registered the plural, and vice versa, as the case animal, such as color and natural and may demand. As used in this part, the artificial markings, a record of the following words, names, or terms shall name and address of the breeder, and have the meanings set forth in this sec- the name and address of each subse- tion, unless otherwise clearly indicated quent owner of the animal. by the context. Port of entry. Any port designated The Act. Item 100.01 in part 1, sched- under § 92.102 for birds, § 92.203 for poul- ule 1, of title I of the Tariff Act of 1930, try, § 92.303 for horses, § 92.403 for as amended (19 U.S.C. 1202, schedule 1, ruminants, or § 92.503 for swine of this part 1, item 100.01). chapter. Administrator. The Administrator, Purebred. A term applicable to ani- Animal and Plant Health Inspection mals which are the progeny of known Service, or any person authorized to and registered ancestors of the same act for the Administrator. recognized breed and for which at least Agent. Custom broker or other person three generations of ancestry can be authorized to act as agent for the im- traced: Provided, however, That in the porter or owner of an animal. case of sheep registered on the basis of Animal. Any purebred animal im- flocks, the term is applicable to ani- ported specially for breeding purposes mals of a recognized breed which origi- except a black, silver, or platinum fox, nate in a flock for which available or any fox which is a mutation or type breeding data, as shown in the registry developed therefrom. association’s records, establish that 986 VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00996 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31 kpayne on DSK54DXVN1OFR with $$_JOB Animal and Plant Health Inspection Service, USDA § 151.7 the flock has been in existence at least record listed in said section and on ten years. which there has been entered in accord- ance with the rules of entry of the reg- [23 FR 10103, Dec. 23, 1958, as amended at 24 FR 2643, Apr. 7, 1959; 26 FR 6072, July 7, 1961; istry association, a complete record of 36 FR 23356, Dec. 9, 1971; 54 FR 34969, 34970, transfers of ownership from the breeder Aug. 23, 1989; 55 FR 31562, Aug. 2, 1990] to and including the United States im- porter, or a complete record of trans- CERTIFICATION OF PUREBRED ANIMALS fers of ownership from the breeder to and including the person who owns the § 151.2 Issuance of a certificate of pure animal when it is imported into the breeding. United States and the name of the The Administrator will issue a cer- United States importer (for example, a tificate of pure breeding for an animal lessee), shall be furnished by the claimed to be entitled to free entry owner, agent, or importer to the in- under the act provided the require- spector at the time of the examination ments of the regulations in this part of the animal as provided in § 151.7. The are complied with. Such certificate inspector will return the document to will be presented to the owner, agent, the party who submitted it. A verbatim or importer who in turn shall present translation of the description relating it to the collector of customs at the to color and markings shall appear in port where customs entry is made. English in the pedigree certificate for the animal or in a separate certificate [26 FR 6072, July 7, 1961, as amended at 54 FR appended to the pedigree certificate. 34969, Aug. 23, 1989] [26 FR 6072, July 7, 1961] § 151.3 Application for certificate of pure breeding. § 151.5 Alteration of pedigree certifi- An application for a certificate of cate. pure breeding executed by the owner, No pedigree certificate which in the agent, or importer of an animal shall opinion of the Administrator has been be made on ANH Form 17–338 (available substantially altered will be accepted. from the collector of customs) before [23 FR 10104, Dec. 23, 1958, as amended at 54 the animal will be examined as pro- FR 34969, Aug. 23, 1989] vided in § 151.7. Such application shall be made to the inspector at the port of § 151.6 Statement of owner, agent, or entry for all animals: Provided, how- importer as to identity of animals. ever, That the application for a certifi- The owner, agent, or importer who cate of pure breeding for dogs, other applies for a certificate of pure breed- than those regulated under § 92.600 of ing for any animal offered for duty-free this chapter, and cats may be made to entry under this part, shall execute on the inspector either at the port of ANH Form 17–338 a statement that the entry or at any other port where cus- animal so offered for entry is the ani- toms entry is made. An agent shall mal described in the pedigree certifi- show the inspector written authoriza- cate furnished to the inspector as pre- tion from the owner or importer au- scribed in § 151.4. This form shall be thorizing him to act for the owner or presented to the inspector before the importer in connection with the appli- animal and pedigree certificate are ex- cation for a certificate of pure breed- amined as provided in § 151.7. ing. [36 FR 23357, Dec. 9, 1971] (Approved by the Office of Management and Budget under control number 0579–0011) § 151.7 Examination of animal. [26 FR 6072, July 7, 1961, as amended at 36 FR (a) For the purpose of determining 23356, Dec. 9, 1971; 48 FR 57473, Dec. 30, 1983; identity, an examination shall be made 55 FR 31562, Aug. 2, 1990] by an inspector of each animal for which free entry is claimed under the § 151.4 Pedigree certificate. act. All animals shall be examined at A pedigree certificate for an animal the port of entry: Provided, however, of a breed listed in § 151.9 issued by the That dogs, other than those regulated custodian of the appropriate book of under § 92.600 of this chapter, and cats 987 VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 00997 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31 kpayne on DSK54DXVN1OFR with $$_JOB § 151.8 9 CFR Ch. I (1–1–18 Edition) may be examined either at the port of registered on inspection without regard entry or at any other port where cus- to purity of breeding. toms entry is made. [23 FR 10104, Dec. 23, 1958] (b) The owner, agent, or importer shall provide adequate assistance and RECOGNITION OF BREEDS AND BOOKS OF facilities for restraining and otherwise RECORD handling the animal and present it in such manner and under such conditions § 151.9 Recognized breeds and books as in the opinion of the inspector will of record. make a proper examination possible. Breeds of animals and books of Otherwise, the examination of the ani- record listed in paragraphs (a) and (b) mal will be refused or postponed by the are hereby recognized. Recognition of inspector until the owner, agent, or im- such breeds and books of record will be porter meets these requirements. continued, however, only if the books (c) A pedigree certificate, as required of record involved are kept by the by § 151.4 shall be presented at the time custodians thereof in a form which is of examination to the inspector mak- reasonably current and the book other- ing the examination in order that prop- wise meets the requirements of this er identification of the animal may be part, in the opinion of the Adminis- made.
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