9 CFR Ch. I (1–1–21 Edition) § 93.804

Pt. 93 9 CFR Ch. I (1–1–21 Edition)

Encephalopathy, Article 11.5.22 (Sur- CANADA veillance activities), 22nd Edition, 2013. 93.214 Import permit and declaration for (2) [Reserved] poultry. 93.215 Special provisions. (Approved by the Office of Management and 93.216 Poultry from Canada. Budget under control number 0579–0393) CENTRAL AMERICA AND THE WEST INDIES PART 93—IMPORTATION OF CER- 93.217 Import permit and declaration for TAIN ANIMALS, BIRDS, FISH, AND poultry. POULTRY, AND CERTAIN ANIMAL, MEXICO BIRD, AND POULTRY PRODUCTS; 93.218 Import permits and applications for REQUIREMENTS FOR MEANS OF inspection for poultry. CONVEYANCE AND SHIPPING 93.219 Declaration for poultry. CONTAINERS 93.220 Inspection at port of entry. Subpart C—Horses Subpart A—Birds 93.300 Definitions. Sec. 93.301 General prohibitions; exceptions. 93.100 Definitions. 93.302 Inspection of certain aircraft and 93.101 General prohibitions; exceptions. other means of conveyance and shipping 93.102 Ports designated for the importation containers thereon; unloading, cleaning, of birds. and disinfection requirements. 93.103 Import permits for birds; and reserva- 93.303 Ports designated for the importation tion fees for space at quarantine facili- of horses. ties maintained by APHIS. 93.304 Import permits for horses from re- 93.104 Certificates for pet birds, commercial gions affected with CEM and for horse birds, zoological birds, and research specimens for diagnostic purposes; res- birds. ervation fees for space at quarantine fa- 93.105 Inspection at the port of entry. cilities maintained by APHIS. 93.106 Quarantine requirements. 93.305 Declaration and other documents for horses. CANADA 93.306 Inspection at the port of entry. 93.307 Articles accompanying horses. 93.107 Special provisions. 93.308 Quarantine requirements. 93.309 Horse quarantine facilities; payment Subpart B—Poultry information. 93.310 Quarantine stations, visiting re- 93.200 Definitions. stricted; sales prohibited. 93.201 General prohibitions; exceptions. 93.311 Milk from quarantined horses. 93.202 Inspection of certain aircraft and 93.312 Manure from quarantined horses. other means of conveyance and shipping 93.313 Appearance of disease among horses containers thereon; unloading, cleaning, in quarantine. and disinfection requirements. 93.314 Horses, certification, and accom- 93.203 Ports designated for the importation panying equipment. of poultry. 93.204 Import permits for poultry and for CANADA poultry test specimens for diagnostic 93.315 Import permit and declaration for purposes; and reservation fees for space horses. at quarantine facilities maintained by 93.316 Horses from Canada for immediate APHIS. slaughter. 93.205 Certificate for live poultry and hatch- 93.317 Horses from Canada. ing eggs. 93.318 Special provisions. 93.206 Declaration and other documents for poultry. CENTRAL AMERICA AND WEST INDIES 93.207 Inspection at the port of entry. 93.319 Import permit and declaration for 93.208 Articles accompanying poultry. horses. 93.209 Quarantine requirements. 93.320 Horses from Central America and the 93.210 Poultry quarantine facilities. West Indies. 93.211 Quarantine stations, visiting restricted; sales prohibited. MEXICO 93.212 Manure from quarantined poultry. 93.321 Import permits and applications for 93.213 Appearance of disease among poultry inspection for horses. in quarantine. 93.322 Declaration for horses.

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93.323 Inspection. ADDITIONAL GENERAL PROVISIONS 93.324 Detention for quarantine. 93.430–93.434 [Reserved] 93.325 Horses from Mexico. 93.435 Sheep and goats. 93.326 Horses for immediate slaughter. 93.436 Bovines from regions of negligible risk, controlled risk, and undetermined Subpart D—Ruminants risk for BSE. 93.437 Tuberculosis status of foreign re- 93.400 Definitions. gions. 93.401 General prohibitions; exceptions. 93.438 Process for requesting regional classi- 93.402 Inspection of certain aircraft and fication for tuberculosis. other means of conveyance and shipping 93.439 Importation of ruminants from cer- containers thereon; unloading, cleaning, tain regions of the world; tuberculosis. and disinfection requirements. 93.440 Brucellosis status of foreign regions. 93.403 Ports designated for the importation 93.441 Process for requesting regional classi- of ruminants. fication for brucellosis. 93.404 Import permits for ruminants and for 93.442 Importation of ruminants from cer- ruminant test specimens for diagnostic tain regions of the world; brucellosis. purposes; and reservation fees for space at quarantine facilities maintained by Subpart E—Swine APHIS. 93.405 Health certificate for ruminants. 93.500 Definitions. 93.406 Diagnostic tests. 93.501 General prohibitions; exceptions. 93.407 Declaration and other documents for 93.502 Inspection of certain aircraft and ruminants. other means of conveyance and shipping 93.408 Inspection at the port of entry. containers thereon; unloading, cleaning, 93.409 Articles accompanying ruminants. and disinfection requirements. 93.503 Ports designated for the importation 93.410 Movement from conveyances to quar- of swine. antine station. 93.504 Import permits for swine and for 93.411 Quarantine requirements. swine specimens for diagnostic purposes; 93.412 Ruminant quarantine facilities. and reservation fees for space at quar- 93.413 Quarantine stations, visiting re- antine facilities maintained by APHIS. stricted; sales prohibited. 93.505 Certificate for swine. 93.414 Milk from quarantined ruminants. 93.506 Declaration and other documents for 93.415 Manure from quarantined ruminants. swine. 93.416 Appearance of disease among 93.507 Inspection at the port of entry. ruminants in quarantine. 93.508 Articles accompanying swine. 93.509 Movement from conveyances to quar- CANADA antine station. 93.417 Import permit and declaration for 93.510 Quarantine requirements. ruminants. 93.511 Swine quarantine facilities. 93.418 Cattle and other bovines from Can- 93.512 Quarantine stations, visiting re- ada. stricted; sales prohibited. 93.419 Sheep and goats from Canada. 93.513 Milk from quarantined swine. 93.420 Ruminants from Canada for imme- 93.514 Manure from quarantined swine. diate slaughter other than sheep and 93.515 Appearance of disease among swine in goats. quarantine. 93.421 Special provisions. CANADA

CENTRAL AMERICA AND WEST INDIES 93.516 Import permit and declaration for swine. 93.422 Import permit and declaration for 93.517 Swine from Canada. ruminants. 93.518 Swine from Canada for immediate 93.423 Ruminants from Central America and slaughter. the West Indies. 93.519 Special provisions.

MEXICO CENTRAL AMERICA AND WEST INDIES 93.424 Import permits and applications for 93.520 Import permit and declaration for inspection of ruminants. swine. 93.425 Declaration for ruminants. 93.426 Inspection at port of entry. MEXICO 93.427 Cattle and other bovines from Mex- 93.521 Declaration for swine. ico. 93.428 Sheep and goats and wild ruminants Subpart F—Dogs from Mexico. 93.429 Ruminants for immediate slaughter. 93.600 Importation of dogs.

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Subpart G—Miscellaneous Animals Department of Agriculture (APHIS or Service.) 93.700 Definitions. Animals. Cattle, sheep, goats, other 93.701 Prohibitions. ruminants, swine, horses, asses, mules, 93.702 Restrictions. 93.703 Ports designated for importation. zebras, dogs, and poultry. 93.704 Import permit. APHIS representative. A veterinarian 93.705 Health certificate. or other individual employed by the 93.706 Notification of arrival. Animal and Plant Health Inspection 93.707 Inspection at the port of first arrival. Service, United States Department of Agriculture, who is authorized to per- Subpart H—Elephants, Hippopotami, form the services required by this part. Rhinoceroses, and Tapirs Birds. All members of the class aves (including eggs for hatching), other 93.800 Definitions. 93.801 Prohibitions. than poultry. 93.802 Import permit. Commercial birds. Birds which are im- 93.803 Health certificate. ported for resale, breeding, public dis- 93.804 Declaration upon arrival. play, or any other purpose, except pet 93.805 Ports of entry, inspection, and treat- birds, zoological birds, research birds, ment. or performing or theatrical birds. 93.806 Animals refused entry. Communicable disease. Any con- 93.807 Other importations. tagious, infectious, or communicable disease of domestic livestock, poultry Subpart I—Aquatic Animal Species or other animals. 93.900 Definitions. Department. The United States De- 93.901 General restrictions; exceptions. partment of Agriculture (USDA). 93.902 Ports designated for the importation Highly pathogenic avian influenza of live fish, fertilized eggs, and gametes. (HPAI). Highly pathogenic avian influ- 93.903 Import permits for live fish, fertilized enza is defined as follows: eggs, and gametes. (1) Any influenza virus that kills at 93.904 Health certificate for live fish, fer- least 75 percent of eight 4- to 6-week- tilized eggs, and gametes. old susceptible chickens within 10 days 93.905 Declaration and other documents for live fish, fertilized eggs, and gametes. following intravenous inoculation with 93.906 Inspection at the port of entry. 0.2 mL of a 1:10 dilution of a bacteria- free, infectious allantoic fluid or inocu- AUTHORITY: 7 U.S.C. 1622 and 8301–8317; 21 lation of 10 susceptible 4- to 8-week-old U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, chickens resulting in an intravenous 2.80, and 371.4. pathogenicity index (IVPI) of greater SOURCE: 55 FR 31495, Aug. 2, 1990, unless than 1.2; otherwise noted. Redesignated at 62 FR 56012, (2) Any H5 or H7 virus that does not Oct. 28, 1997. meet the criteria in paragraph (1) of this definition, but has an amino acid Subpart A—Birds sequence at the haemagglutinin cleav- age site that is compatible with highly § 93.100 Definitions. pathogenic avian influenza viruses; or Wherever in this subpart the fol- (3) Any influenza virus that is not an lowing terms are used, unless the con- H5 or H7 subtype and that kills one to text otherwise requires, they shall be five out of eight inoculated chickens construed, respectively, to mean: and grows in cell culture in the absence Administrator. The Administrator of of trypsin within 10 days. the Animal and Plant Health Inspec- Inspector. An employee of the Animal tion Service or any other employee of and Plant Health Inspection Service the Animal and Plant Health Inspec- authorized to perform duties required tion Service, United States Depart- under this subpart. ment of Agriculture, to whom author- Licensed veterinarian. Any person li- ity has been or may be delegated to act censed by any region or political sub- in the Administrator’s stead. division thereof to practice veterinary Animal and Plant Health Inspection medicine. Service. The Animal and Plant Health Pen-raised. Cared for in a fenced en- Inspection Service of the United States closure, such that the ratites are kept

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apart from wild ratites, poultry, and United States Government or which other animals; can be readily observed, has been abandoned to the United and be restrained for inspection and States. treatment. A flock is not considered to United States. All of the States of the be pen-raised if ratites captured in the United States, the District of Colum- wild have been added to it after March bia, Guam, Northern Mariana Islands, 8, 1994. Puerto Rico, the Virgin Islands of the Performing or theatrical birds. Birds, United States, and all other Territories except ratites, which are to be used in and Possessions of the United States. shows, theatrical acts or performances Veterinary Services. The Veterinary only. Services unit of the Department. Persons. Any individual, corporation, Zoological birds. Birds intended for company, association, firm, partner- breeding or public display, for rec- ship, society or joint stock company. reational or educational purposes, at a Pet birds. Birds, except ratites, which zoological park. are imported for the personal pleasure Zoological park. A professionally oper- of their individual owners and are not ated zoo, park, garden or other place, intended for resale. maintained under the constant surveil- Port Veterinarian. A veterinarian em- lance of a Doctor of Veterinary Medi- ployed by the Animal and Plant Health cine, for the exhibition of live animals, Inspection Service to perform duties pigeons or birds, for the purpose of pub- required under this part at a port of lic recreation or education. entry. [55 FR 31495, Aug. 2, 1990, as amended at 56 Poultry. Chickens, doves, ducks, FR 31865, July 12, 1991; 59 FR 10732, Mar. 8, geese, grouse, guinea fowl, partridges, 1994; 59 FR 47068, Sept. 14, 1994. Redesignated pea fowl, pheasants, pigeons, quail, and amended at 62 FR 56012, 56013, Oct. 28, swans, and turkeys (including eggs for 1997; 79 FR 71004, Dec. 1, 2014] hatching). Production season. That period of § 93.101 General prohibitions; excep- time, usually approximately 9 months tions. each year, from the time ratites in a (a) No product or bird subject to the flock begin laying eggs until the provisions of this part shall be brought ratites cease laying eggs. into the United States except in ac- Quarantine facility. A USDA facility, cordance with the regulations in this or a private facility approved by part and part 94 of this subchapter;1 APHIS, for the secure housing of im- nor shall any such product or bird be ported birds, poultry, or other animals handled or moved after physical entry for specified periods. into the United States before final re- Ratites. Cassowaries, emus, kiwis, os- lease from quarantine orany other triches, and rheas. form of governmental detention except Region. Any defined geographic land in compliance with such regulations; area identifiable by geological, polit- Provided, That the Administrator may ical, or surveyed boundaries. A region upon request in specific cases permit may consist of any of the following: products or birds to be brought into or (1) A national entity (country); through the United States under such (2) Part of a national entity (zone, conditions as he or she may prescribe, county, department, municipality, par- when he or she determines in the spe- ish, Province, State, etc.); cific case that such action will not en- (3) Parts of several national entities danger the livestock or poultry of the combined into an area; or United States. Unless otherwise indi- (4) A group of national entities (coun- cated in the regulations, no live birds, tries) combined into a single area. and no hatching eggs from birds, shall Research birds. Birds which are to be be imported into the United States if used for research purposes only. the birds have originated from a region Smuggled birds. Any bird which has referenced in § 94.6(a) of this subchapter been brought into the United States contrary to any Federal law or regula- 1 Importations of certain animals from var- tion and which has been seized by any ious regions are absolutely prohibited under official of any Department of the part 94 because of specified diseases.

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where highly pathogenic avian influ- ratites or hatching eggs are intended enza or Newcastle disease is known to for exportation; exist in commercial poultry popu- (iv) The owner or manager of the lations, have transited highly patho- premises from which the ratites or genic avian influenza- or Newcastle hatching eggs are intended for impor- disease-affected regions, or have been tation into the United States main- vaccinated for the H5 or H7 subtype of tains on a daily basis a register listing avian influenza. the following: (b)(1) Birds from Canada may be im- (A) Number of live ratites hatched in ported in accordance with this section the flock or added to the flock, and or, except for ratites in accordance number of live ratites removed from with the provisions applicable to im- the flock, and the microchip number portation of poultry from Canada as for each of these ratites; specified in §§ 93.205, 93.214, and 93.216 of (B) Number of eggs produced in the this part. flock and date of production, and num- (2) Ratites and hatching eggs of ber of eggs removed from the flock and ratites may be imported into the date of production; and United States only in accordance with (C) Number of eggs in incubator/ the provisions in this part that apply hatcher and date of production; to commercial and zoological birds, (v) The owner or manager of the and, where specified, with the provi- premises submits a copy of the reg- sions that apply to ratites or hatching isters to the National Veterinary Serv- eggs of ratites. ice of the region of export on a quar- (3) Except for ratites imported as zo- terly basis. The region of export in ological birds, and ratites and ratite turn submits a copy of the registers to hatching eggs imported from Canada in the Administrator upon his or her re- 2 accordance with § 93.107, ratites and quest; hatching eggs of ratites may not be im- (vi) The region from which the ported into the United States unless ratites or hatching eggs are exported the following conditions are met: to the United States maintains a reg- (i) The ratites or hatching eggs are istry of premises that wish to export produced by a pen-raised flock, and, in ratites or hatching eggs of ratites to the case of ratites, maintained in a the United States, that lists each pen-raised flock; ratite according to the microchip number required under paragraph (b)(3)(iv) (ii) Each ratite produced in the flock of this section, and also maintains a is identified with an identification count of hatching eggs of ratites pro- number by means of a microchip im- duced on or added to the premises; planted at 1-day of age in the pipping (vii) Before a premises is added to the muscle of ostriches and in the upper registry, either a veterinary officer of neck of other ratites, each ratite added the national government of the region from outside the flock is identified in of export, or an employee of that gov- like manner upon arrival in the flock, ernment responsible for the protection except that the microchip need not be of fish and wildlife, visits the premises implanted in the pipping muscle or the and determines that all ratites and upper neck, and each ratite already in hatching eggs of ratites are identified the flock as of March 8, 1994 is identi- as required under paragraphs (b)(3)(ii) fied in like manner, prior to the next and (b)(3)(iii) of this section. visit to the flock premises by an (viii) The region from which the APHIS representative under ratites or hatching eggs of ratites are § 93.103(a)(2)(iv), except that the exported to the United States requires microchip need not be implanted in the each premises from which ratites or pipping muscle or the upper neck; hatching eggs of ratites are exported to (iii) On the date it is produced, each the United States to receive approval hatching egg produced in the flock is marked in indelible ink with the date 2 Copies should be mailed to the Animal of the production, and with identifica- and Plant Health Inspection Service, Veteri- tion, assigned by the national govern- nary Services, National Center for Import- ment of the region of export, of the Export, 4700 River Road Unit 38, Riverdale, premises and region from which the Maryland 20737–1231.

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from the National Veterinary Service pable of reading the microchip im- of that region before ratites are added planted in each of the ratites. to the premises from outside the prem- (4) Ratites and hatching eggs of ises, and also prohibits the addition of ratites may not be imported into the ratites to a flock during production United States in any container that seasons; holds hay, straw, grasses, wood chips, (ix) The region from which ratites or sawdust, or other materials likely to hatching eggs of ratites are exported to harbor ectoparasites. Ratites and the United States establishes a max- hatching eggs of ratites that are im- imum number of hatching eggs of ported into the United States in con- ratites that may be produced on each tainers holding such materials will be premises over a set production season. refused entry. The ceiling for each premises is cal- (c)(1) Pet birds offered for entry from culated jointly by a full-time salaried Canada and which are not known to be veterinary officer of the national gov- affected with or exposed to any com- ernment of the region of export and the municable disease of poultry, which are APHIS representative who conducts caged (prior to release from the port of the site visit required under entry) and which are personal pets, § 93.103(a)(2)(iv), and is adjusted jointly may be imported by the owner thereof by an APHIS representative and a full- at any port of entry designated in time salaried veterinary officer of the §§ 93.103 or 93.203: Provided, That, such national government of the region of birds are found upon port of entry vet- export according to changes in the erinary inspection under § 93.105 to be number of laying hens in the flock; free of poultry diseases and at the time (x) The region of export conducts of entry the owner signs and furnishes random inspections of each premises to the Administrator, a statement intending to export ratites or hatching stating that the bird or birds have been eggs of ratites to the United States, at in his or her possession for a minimum least twice during each production sea- of 90 days preceding the date of impor- son, to ensure that all ratites and tation and that during such time such hatching eggs of ratites on the prem- birds have not been in contact with ises are identified as required under poultry or other birds (for example, as- paragraphs (b)(3)(ii) and (b)(3)(iii) of sociation with other avian species at this section. These inspections must be exhibitions or in aviaries.) conducted by either a veterinary officer of the national government of the (2)(i) Except for pet birds that have region of export or an employee of that been in any region where highly patho- government responsible for the protec- genic avian influenza exists, which are tion of fish and wildlife. If any ratites subject to the provisions of paragraph or hatching eggs are not identified as (c)(3) of this section, pet birds of required, the region of export must not United States origin that have not issue the export certificate required been outside the country for more than under § 93.104(a). The region of export 60 days may be offered for entry under must record, on the copy of the report the provisions of paragraph (c)(1) of required to be sent to the Adminis- this section if: trator under paragraph (b)(3)(v) of this (A) The pet birds are accompanied by section, whether all ratites and hatch- an import permit issued by APHIS: ing eggs are identified as required; Provided, that an import permit will (xi) The region of export requires not be required for pet birds returning each premises on which ratites or from Canada or Mexico through a land hatching eggs of ratites intended for border port; and export to the United States are kept to (B) The birds are also accompanied submit to the National Veterinary by a United States veterinary health Service of that region a copy of the certificate issued prior to the depar- certificate required under § 93.104(a); ture of the birds from the United (xii) The person intending to import States and the certificate shows the ratites into the United States provides number from the leg band, tattoo, or the APHIS veterinary inspector at the microchip affixed to the birds prior to intended port of entry with a reader ca- departure; and

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(C) During port of entry veterinary tion and testing by Department inspec- inspection it is determined that the tors upon request until released at the number from the leg band, tattoo, or end of such period by such an inspec- microchip on the bird is the same as tor; and the one listed on the health certificate. (ii) That appropriate Federal officials (ii) Except for pet birds that have in the State of destination will be im- been in any region where highly patho- mediately notified if any signs of dis- genic avian influenza exists, which are ease are noted in any of the birds or subject to the provisions of paragraph any bird dies during that period. The (c)(3) of this section, pet birds of owner importing such birds must com- United States origin that have been ply with the provisions of the afore- outside the country for more than 60 mentioned agreement before the birds days may be imported by their owner may be released from confinement. Ex- if: cept for pet birds that have been in any (A) The pet birds are accompanied by region where highly pathogenic avian an import permit issued by APHIS: influenza exists, lots of pet birds of Provided, that an import permit will United States origin which do not oth- not be required for pet birds returning erwise meet the requirements of para- from Canada or Mexico through a land graphs (c)(1) or (2) of this section may border port; and be offered for entry under the provi- (B) The pet birds are found upon port sions of paragraph (c)(4) of this section. of entry veterinary inspection to be (3) Any pet birds of United States ori- free of poultry diseases; and gin that have been in any region iden- (C) The pet birds are accompanied by tified in accordance with § 94.6(a)(2) of a United States veterinary health cer- this subchapter as a region where high- tificate issued prior to the departure of ly pathogenic avian influenza exists, the birds from the United States and regardless of the length of time such the certificate shows the number from birds have been outside of the United the leg band, tattoo, or microchip af- States, may only be imported through fixed to the birds prior to departure; the port of Los Angeles, CA, Miami, and FL, or New York, NY, and only under (D) During port of entry veterinary the following conditions: inspection it is determined that the (i) The birds meet the requirements number from the leg band, tattoo, or of paragraphs (c)(2)(ii)(A) through (D) microchip on the bird is the same as of this section; and the one listed on the health certificate; (ii) The birds are quarantined for a and minimum of 30 days, and for such (E) The owner importing the pet longer period as may be required by the birds signs and furnishes to the Admin- Administrator in any specific case, at a istrator the following: USDA quarantine facility in accord- (1) A notarized declaration under ance with § 93.106. oath or affirmation (or a statement (4) Pet birds which are not known to signed by the owner and witnessed by a be affected with or exposed to commu- Department inspector) stating that the nicable diseases of poultry may be of- bird or birds have not been in contact fered for entry at one of the ports of with poultry or other birds while out of entry designated in § 93.102(a) under the the region (for example, association following conditions: with other avian species at exhibitions (i) The pet birds shall be accom- or at aviaries); and panied by a veterinary health certifi- (2) An agreement on VS Form 17–8, cate issued by a national government obtainable from a Federal inspector at veterinary officer of the region of ex- the port of entry, stating: port stating that he or she personally (i) That the birds will be maintained inspected the birds listed on the health in confinement in his or her personal certificate and found them to be free of possession separate and apart from all evidence of highly pathogenic avian in- poultry and other birds for a minimum fluenza, Newcastle disease, of 30 days following importation at the chlamydiosis, and other communicable address where the birds are to be held diseases of poultry, and that the birds and made available for health inspec- were being exported in compliance

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with the laws and regulations of the re- dalgo, Texas; and pet birds arriving gion of export, or if exported from Mex- with or without an approved reserva- ico, shall be accompanied either by tion entered at the port of New York, such a certificate or by a certificate New York, will be transported at De- issued by a veterinarian accredited by partment expense to the quarantine fa- the National Government of Mexico cility at Newburgh, New York, if avail- and endorsed by a full-time salaried able quarantine space exists at the fa- veterinary officer of the National Gov- cility, until quarantine facilities are ernment of Mexico, thereby rep- available at New York, New York. Fol- resenting that the veterinarian issuing lowing the isolation period, if such the certificate was authorized to do so. birds are found to be free from commu- Certificates in a foreign language must nicable diseases of poultry, the birds be translated into English at the ex- shall be returned at Department expense of the importer. pense to the respective ports of Hi- (ii) An advanced reservation fee as dalgo, Texas, or New York, New York, required by § 93.103(a)(3) and a request as appropriate, for Agriculture release for space which has been confirmed in for entry through U.S. Customs. writing, at a USDA-operated quar- (iii) During the isolation period, the antine facility shall be made with the birds shall be subjected to such tests port veterinarian 3 at the port where and procedures as required by the Ad- the birds are to be held for a minimum ministrator to determine whether the 30-day isolation in a biologically secure birds are free from communicable dis- unit separate and apart from all other eases of poultry. avian species, except, that birds arriving without an advanced reservation (iv) Following the isolation period, if may be handled if an isolation unit is the birds are found to be free of com- available, provided the reservation fee municable disease of poultry, the port as required in § 93.103(a)(3) is paid. Pet veterinarian shall issue an agriculture birds offered for entry at a port of release for entry through U.S. Cus- entry that has not been designated in toms. If the birds are found during port § 93.102(a), or pet birds arriving without of entry inspection or during quar- an advanced reservation at a port of antine to be infected with or exposed to entry designated in § 93.102(a) but at a communicable disease of poultry, which isolation units are not available, such birds shall be refused entry and shall be refused entry at such port. handled in accordance with § 93.106(a) of However, such pet birds may be trans- this part. ported at the owner’s expense to an- (v) The owner of the birds is respon- other port of entry designated in sible for all costs which result from § 93.102(a) if available quarantine space these procedures and shall reimburse exists, if the reservation fee is paid and APHIS for governmental expenses in the birds are shipped to such other port accordance with § 93.210 (b) and (c) of under conditions deemed sufficient by this part. the Administrator to prevent the (d) The provisions in this subpart re- spread of communicable diseases of lating to birds shall not apply to poultry: Provided, That pet birds arriv- healthy birds, except ratites, not ing with or without an advance res- known to be infected with or exposed, ervation at the port of Hidalgo, Texas, within the 90 days preceding the date will be transported at Department ex- of export from the region of origin, to pense to the quarantine facility at Mis- communicable diseases of poultry, if an sion, Texas, if available quarantine import permit 4 has been obtained space exists at that facility, until quarantine facilities are available at Hi- 4 Such permit may be obtained from the Animal and Plant Health Inspection Service, 3 The names and addresses of the port vet- Veterinary Services, Operational Support, erinarians, as well as a fee schedule for quar- 4700 River Road Unit 33, Riverdale, Maryland antine charges, are available from the Ani- 20737–1231 or by visiting http:// mal and Plant Health Inspection Service, www.aphis.usda.gov/animal lhealth/permits/’’. Veterinary Services, Operational Support, Requests for approval of such facilities 4700 River Road Unit 33, Riverdale, Maryland should also be made to the Deputy Adminis- 20737–1231. trator.

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under § 93.103 of this chapter and all (ii) They must be so constructed that conditions therein are observed; and if they provide adequate protection such birds are handled as follows: against environmental conditions and (1)(i) They are maintained under con- can be adequately cleaned, washed and tinuous confinement in transit through disinfected. the United States aboard an aircraft, (iii) They must provide for disposal of ocean vessel, or other means of convey- animal and bird carcasses, manure, ance; or bedding, waste and any related ship- (ii) Except for birds in transit ping materials in a manner that will through Anchorage, Alaska, under prevent dissemination of disease. § 93.103(c) of this part, which are not al- (iv) They must have provisions for lowed to be unloaded, they are un- adequate sources of feed and water and loaded, in the course of such transit, for attendants for the care and feeding into a bird holding facility which is of birds in the facility. provided by the carrier or its agent and (v) They must comply with addi- has been approved 5 in advance by the tional requirements as may be imposed Administrator in accordance with by the Administrator if deemed appli- paragraph (d)(3) of this section as ade- cable for a particular shipment. quate to prevent the spread within the (vi) They must also comply with all United States of any livestock or poul- applicable local, State and Federal re- try disease, and they are maintained quirements for environmental quality there under continuous confinement and with the provisions of the Animal until loaded aboard a means of convey- Welfare Regulations in chapter I of this ance for transportation from the title, as applicable. United States and are maintained (e) Commercial birds, zoological under continuous confinement aboard birds, research birds, or pet birds may such means of conveyance until it be imported into the United States if leaves the United States; the import they meet the requirements of permit will specify any additional con- §§ 93.102(a), 93.103, 93.104, 93.105(a), and ditions necessary to assure that the 93.106(a) which specifically apply to transit of the poultry or birds through such birds and the requirements of all the United States can be made without other sections in this part that are ap- endangering the livestock or poultry of plicable to poultry generally. the United States, and that Depart- (f) Performing or theatrical birds re- ment inspectors may inspect the poul- turning to the United States. (1) Per- try or birds on board such means of forming or theatrical birds of United conveyance or in such holding facility States origin that are returning to the to ascertain whether the requirements United States from Canada or Mexico of this paragraph are met, and dispose may be imported if: of them in accordance with the Animal (i) The birds are found upon port of Health Protection Act (7 U.S.C. 8301 et entry veterinary inspection to be free seq.) if such conditions are not met; of avian diseases; and and (ii) The birds are accompanied by a (2) The carrier or its agent executes United States veterinary health certifi- and furnishes to the collector of Cus- cate issued prior to the departure of toms at the first port of arrival a dec- the birds from the United States and laration stating that the poultry or the certificate shows the number from birds will be retained aboard such the leg band, tattoo, or microchip af- means of conveyance or in an approved fixed to the birds prior to departure; holding facility during transhipment as and required by this paragraph. (iii) During port of entry veterinary (3) Provisions for the approval of fa- inspection it is determined that the cilities required in this paragraph are: number from the leg band, tattoo, or (i) They must be sufficiently isolated microchip on the birds is the same as to prevent direct or indirect contact the one listed on the health certificate. with all other animals and birds while (2) Except for performing or theat- in the United States. rical birds that have been in any region where highly pathogenic avian influ- 5 See footnote 4 in subpart A. enza exists, which are subject to the

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provisions of paragraph (f)(3) of this been in any region identified in accord- section, performing or theatrical poul- ance with § 94.6(a)(2) of this subchapter try of United States origin that have as a region where highly pathogenic been outside the United States in a re- avian influenza exists may only be im- gion other than Canada or Mexico may ported through the port of Los Angeles, be imported if: CA, Miami, FL, or New York, NY, and (i) The birds meet the requirements only under the following conditions: of paragraphs (f)(1)(i) through (iii) of (i) The birds meet the requirements this section; and of paragraphs (f)(1)(i) through (iii) of (ii) The birds are accompanied by an this section; and import permit issued by APHIS; and (ii) The birds are accompanied by an (iii) The owner importing the birds import permit issued by APHIS; and signs and furnishes to the Adminis- (iii) The birds are quarantined for a trator the following: minimum of 30 days, and for such (A) A notarized declaration under longer period as may be required by the oath or affirmation (or a statement Administrator in any specific case, at a signed by the owner and witnessed by a quarantine facility maintained by Department inspector) stating that the APHIS in accordance with paragraphs birds have not been in contact with (c)(3)(ii) through (c)(3)(iv) of this sec- other birds while out of the region (for tion. example, association with other avian (g) Any smuggled bird shall: species at exhibitions or at aviaries); (1) Be refused entry into the United and States and be removed from the United (B) An agreement on VS Form 17–8, States, 6 or available electronically or through (2) Be quarantined in a USDA-oper- other authorized method, obtainable ated quarantine facility pending nega- from a Federal inspector at the port of tive results to two consecutive tests entry, stating: for highly pathogenic avian influenza 7 (1) That the birds will be maintained and Newcastle disease administered in confinement in his or her personal not less than 30 days apart, with the possession separate and apart from all first test administered within seven birds and other birds for a minimum of days after the bird enters the facility. 30 days following importation at the (3) Tissue samples from any smuggled bird which has died prior to release address where the birds are to be held from quarantine shall be submitted for and made available for health inspec- highly pathogenic avian influenza and tion and testing by Department inspec- Newcastle disease isolation. Smuggled tors upon request until released at the birds shall also be subject to such other end of such period by such an inspec- tests and procedures to determine tor; and whether the birds are free from com- (2) That appropriate Federal officials municable diseases of poultry other in the State of destination will be im- than highly pathogenic avian influenza mediately notified if any signs of dis- and Newcastle disease when the port ease are noted in any of the birds or veterinarian determine that the bird in any birds die during that period. The question has shown physical symptoms owner importing such poultry must of being affected with or exposed to comply with the provisions of the communicable diseases of poultry. A aforementioned agreement before the lot of smuggled birds placed into the birds may be released from confine- quarantine facility shall be handled on ment. Except for performing or theat- an ‘‘all-in, all-out’’ basis: Provided, rical birds that have been in any region That birds of endangered and threat- where highly pathogenic avian influ- ened species, as determined by the De- enza exists, performing or theatrical partment of the Interior (16 U.S.C. 1533, birds of United States origin which do not otherwise meet the requirements of 6 paragraphs (f)(1) or (2) of this section Birds that would require handfeeding will be refused entry. may be offered for entry under the pro- 7 Such tests are conducted according to visions of § 93.101(c). protocols for highly pathogenic avian influ- (3) Any performing or theatrical enza and Newcastle disease which are avail- birds of United States origin that have able upon request from the Administrator.

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as amended) shall be separated for the United States, in accordance with quarantine and testing as separate the law. lots. If highly pathogenic avian influ- (Approved by the Office of Management and enza or Newcastle disease or any other Budget under control numbers 0579–0220 and communicable disease of poultry is di- 0579–0245) agnosed in any smuggled bird at any point or if it is determined that any [55 FR 31495, Aug. 2, 1990. Redesignated at 62 FR 56012, Oct. 28, 1997] smuggled bird has been exposed to highly pathogenic avian influenza or EDITORIAL NOTE: For FEDERAL REGISTER ci- Newcastle disease or any other such tations affecting § 93.101, see the List of CFR communicable disease, such birds shall Sections Affected, which appears in the not be released from quarantine and Finding Aids section of the printed volume and at www.govinfo.gov. shall be disposed of in accordance with procedures established by the Adminis- § 93.102 Ports designated for the im- trator to prevent the entry of commu- portation of birds. nicable diseases of livestock or poultry (a) Special ports for pet birds. The fol- into the United States. However, if en- lowing ports are designated as ports of dangered or threatened species are de- entry for pet birds imported under the termined to be exposed such birds shall provisions of § 93.101(c) and performing be held in permanent quarantine in ac- or theatrical birds imported under the cordance with such conditions as the provisions of § 93.101(f): Los Angeles and Deputy Administrator may prescribe San Ysidro, CA; Miami, FL; New York, to protect poultry of the United States. NY; Baudette, MN; and Hidalgo, TX. At the time any smuggled bird enters the quarantine facility, it shall be (b) Designation of other ports. The Sec- identified in a manner approved by the retary of the Treasury has approved Administrator. the designation as quarantine stations of the ports specified in this section. In (4) If the laboratory tests for highly special cases other ports may be des- pathogenic avian influenza and New- ignated as quarantine stations under castle disease are negative and as de- this section by the Administrator, with termined by the port veterinarian the the concurrence of the Secretary of the birds are free of clinical evidence of Treasury. diseases of poultry at the end of the quarantine period, the port veteri- (c) Notwithstanding any other provi- narian shall issue an agricultural re- sions of this section, all commercial lease for entry of the birds through the birds, zoological birds, or research United States Customs Service at the birds shall be imported only at a port termination of the quarantine period. of entry specified in § 93.105. Providing that the sale of the smuggled (d) Limited ports. The following ports birds is not contrary to any Federal are designated as ports of entry for pet law or regulation, expenses incurred by birds imported under the provisions of the Department for the handling of the § 93.101(c)(1) or (2) and performing or smuggled birds under this paragraph theatrical birds imported under the shall be reimbursed from funds derived provisions of § 93.101(f): Anchorage and from the sale or disposition of the Fairbanks, AK; San Diego, CA; Jack- smuggled birds after their release from sonville, Port Canaveral, St. Peters- quarantine. Any smuggled bird which burg-Clearwater, and Tampa, FL; At- by law may not be sold, or so disposed, lanta, GA; Honolulu, HI; Chicago, IL; shall be quarantined in accordance New Orleans, LA; Baltimore, MD; Port- with such procedures as the Deputy land, ME; Minneapolis, MN; Great Administrator may establish to pre- Falls, MT; Covington, KY (Greater Cin- vent the introduction of communicable cinnati International Airport); Port- diseases of livestock or poultry into land, OR; San Juan, PR; Galveston and

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Houston, TX; and Seattle, Spokane, (vi) The region of origin; and Tacoma, WA. (vii) The name and address of the exporter; [55 FR 31495, Aug. 2, 1990, as amended at 59 FR 36026, July 15, 1994; 60 FR 16045, Mar. 29, (viii) The port of embarkation in the 1995; 60 FR 25120, May 11, 1995; 61 FR 68125, foreign region; Dec. 27, 1996. Redesignated and amended at 62 (ix) The mode of transportation, FR 56012, 56014, Oct. 28, 1997; 65 FR 38178, route of travel, and port of entry in the June 20, 2000; 67 FR 6370, Feb. 12, 2002] United States; (x) The name and location of the § 93.103 Import permits for birds; and quarantine facility in the United reservation fees for space at quar- States to which delivery will be made antine facilities maintained by APHIS. from the port of entry, in accordance with § 93.106(c)(5); (a) Application for permit; reservation (xi) A drawing of the floor plan for required. Before any permit application the facility showing the location of the is submitted, all construction at the bird holding area; equipment storage quarantine facility must be completed. areas; office areas; clothes storage and (1) For pet birds, commercial birds, change areas; feed storage areas; ne- research birds, zoological birds, and cropsy areas (showing entry and refrig- performing or theatrical birds, in- eration); washing areas for equipment; tended for importation into the United shower areas; ventilation arrange- States, except as otherwise provided in ments; and entries and exits; and, for a §§ 93.101(b) and (c), 93.103(c), and facility for hatching eggs of ratites in 93.107(b), the importer shall first apply which the hatching eggs of one lot may for and obtain an import permit. The be quarantined at the same time as the importer (permit applicant) shall sub- hatched chicks from a previously quar- mit a completed VS form 17–128 for antined lot, the incubation/hatcher and ratites or hatching eggs of ratites; or, bird (chick) holding areas; and for other birds, a completed VS form (xii) Date and certification, by signa- 17–20; or shall submit a document that ture of the importer (permit appli- states that it is an application for a cant), after the following language: permit to import ratites, hatching eggs of ratites, or birds other than ratites or I certify that the information provided hatching eggs of ratites. The applica- herein is true and correct to the best of tion 8 must include the following infor- my knowledge and belief, and agree to mation: comply with the applicable regulations (i) The name, address, and telephone in title 9, Code of Federal Regulations, number of the importer; §§ 93.100 through 93.107; (ii) The status of the importer, such (xiii) In addition, the application for as individual, partnership, or corpora- a permit to import ratites or hatching tion (if incorporated, include State eggs of ratites, except for ratites and where incorporated and date of incor- hatching eggs of ratites imported from poration); Canada in accordance with § 93.107, (iii) Name and address of the quar- shall specify the number of ratites or antine facility; hatching eggs intended for importa- (iv) Date of intended quarantine; tion, the size of the flock of origin, and (v) The purpose of the importation; the location of the premises where the flock of origin is kept; and shall state 8 VS import permit application forms are that, from the date of application available from local offices of Veterinary through the date of export, APHIS rep- Services, which are listed in telephone direc- resentatives shall be granted access to tories, or from the Animal and Plant Health the premises where the flock of origin Inspection Service, Veterinary Services, Na- is kept. (For ratites intended for im- tional Center for Import-Export, 4700 River portation as zoological birds, the flock Road Unit 38, Riverdale, Maryland 20737–1231 of origin shall be the ratites intended or by visiting http://www.aphis.usda.gov/ ani- for importation.) mallhealth/permits/. For other permit requirements for birds, the regulations issued (2)(i) An import permit will be issued by the U.S. Department of the Interior (title only after an APHIS representative has 50, Code of Federal Regulations, parts 14 and inspected the quarantine facility iden- 17) should be consulted. tified on the permit application, and

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has determined that it meets the (C) The importer (permit applicant) standards set forth in § 93.106(c) of this or any person responsibly connected part. with the importer’s business, any per- (ii) An application for a permit to son responsibly connected with the pri- import pet birds, commercial birds, re- vately owned bird quarantine facility search birds, zoological birds, and per- intended for use for the importation, forming or theatrical birds, may be de- or, in the case of the importation of nied or withdrawn because of: Commu- ratites or ratite hatching eggs, the op- nicable disease conditions in the area erator of the flock of origin or a person or region of origin, or in a region where responsibly connected with the owner the shipment has been or will be held of the flock of origin, threatens to forc- or through which the shipment has ibly assault or forcibly assaults, in- been or will be transported; defi- timidates, or interferes with any ciencies in the regulatory programs for APHIS representative or employee in the control or eradication of animal or on account of the performance of his diseases and the unavailability of vet- or her official duties, unless, promptly erinary services in the above men- upon the incident being brought to the tioned countries; the importer’s failure importer’s attention by the authorized to provide satisfactory evidence con- supervisor of the APHIS representative cerning the origin, history, and health or employee, and to the satisfaction of status of the animals; the lack of satis- that supervisor, the importer justifies factory information necessary to deter- the incident, takes effective steps to prevent a recurrence, or provides ac- mine that the importation will not be ceptable assurance that there will not likely to transmit any communicable be any recurrences; or disease to livestock or poultry of the (D) For any violation of the regula- United States; the lack of APHIS per- tions in this subpart. sonnel; any outstanding debts to (iii) In addition, a permit to import APHIS the permit applicant has not ratites or hatching eggs of ratites, ex- paid when due; or any other cir- cept for ratites or hatching eggs of cumstances which the Administrator ratites imported from Canada in ac- believes require such denial or with- cordance with § 93.107, will be denied or drawal to prevent the dissemination of withdrawn unless APHIS representa- any communicable disease of livestock tives are granted access to the prem- or poultry into the United States, such ises where the flock of origin is kept as if: (or, in the case of zoological birds, to (A) Any requirement of this subpart the premises where the birds are kept), is not complied with; from the date of the application for the (B) The importer (permit applicant) permit through the date of export. or any person responsibly connected (iv) Except for ratites intended for with the importer’s business, any per- importation as zoological birds and son responsibly connected with the pri- ratites and hatching eggs of ratites im- vately owned bird quarantine facility ported from Canada in accordance with through which the importation is in- § 93.107, a permit to import ratites or tended, or, in the case of the importa- hatching eggs of ratites will be denied tion of ratites or ratite hatching eggs, or withdrawn unless an APHIS rep- the operator of the flock of origin or a resentative has visited the premises person responsibly connected with the where the flock of origin is kept within owner of the flock of origin, has been the 12-month period before the in- convicted of any crime under any law tended importation and has determined regarding the import or export of that the flock is pen-raised and con- goods, regarding the quarantine of any tains sufficient breeding pairs to animal or bird, or the illegal move- produce the number of ratites or hatch- ment of goods within a region, or in- ing eggs intended for importation. volving fraud, bribery, extortion, or of (v) A permit to import ratites or any other crime involving lack of the hatching eggs of ratites will be denied integrity needed for the conduct of op- or withdrawn if an inspection of the erations affecting the importation of premises of the flock or origin, carried birds; out by the national government of the

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region of export under § 93.101(b)(3), in- services to only one importer (permit dicates that the ratites and hatching applicant) who requests them, APHIS eggs are not identified and marked as will issue the permit to the first im- required under § 93.101(b)(3). porter who meets the requirements of (vi) For the purposes of this section, this subpart to deposit, with the Ad- a person shall be deemed to be respon- ministrator, the completed cooperative sibly connected with an importer’s and trust fund agreement, accompanied business, a privately owned bird quar- by the required deposit. antine facility, or an owner of a flock (3)(i) The importer or importer’s of origin, if such person has an owner- agent shall pay or ensure payment of a ship, mortgage, or lease interest in the reservation fee for each lot of birds to physical plant of the importer’s busi- be quarantined in a facility maintained ness, the privately owned bird quar- by USDA. For birds the reservation fee antine facility, or the farm of the flock shall be 100 percent of the cost of proof origin, or if such person is a partner, viding care, feed, and handling during officer, director, holder or owner of 10 quarantine, as estimated by the quar- per centum or more of the voting stock antine facility’s veterinarian in charge. of the importer’s business, the pri- (ii) At the time the importer or the vately owned bird quarantine facility, importer’s agent requests a reservation or the farm of the flock of origin, or is of quarantine space, the importer or an employee of the importer’s business, importer’s agent shall pay the reserva- the privately owned bird quarantine fa- tion fee by check or U.S. money order cility, or the owner of the flock of ori- or ensure payment of the reservation gin. fee by an irrevocable letter of credit (vii) A permit may be denied or withdrawn at any time by the Adminis- from a commercial bank (the effective trator, for any of the reasons provided date on such letter of credit shall run in paragraphs (a)(2)(ii), (iii), (iv), or (v) to 30 days after the date the birds are of this section. Before such action is scheduled to be released from quar- taken, the importer will be informed of antine); except that anyone who issues the reasons for the proposed action a check to the Department for a res- and, upon request in case of a dispute ervation fee which is returned because of material facts, shall be afforded an of insufficient funds shall be denied opportunity for a hearing with respect any further request for reservation of a to the merits or validity of such ac- quarantine space until the outstanding tion, in accordance with rules of prac- amount is paid. tice which shall be adopted for the pro- (iii) Any reservation fee paid by ceeding. However, withdrawal of a per- check or U.S. money order shall be ap- mit shall become effective pending plied against the expenses incurred for final determination in the proceeding, services received by the importer or when the Administrator determines importer’s agent in connection with that such action is necessary to pro- the quarantine for which the reserva- tect the public health, interest, or safe- tion was made. Any part of the reserva- ty. Such withdrawal shall be effective tion fee which remains unused after upon oral or written notification, being applied against the expenses in- whichever is earlier, to the importer. curred for services received by the im- In the event of oral notification, writ- porter or the importer’s agent in con- ten confirmation shall be given to the nection with the quarantine for which importer as promptly as circumstances the reservation was made, shall be re- permit. This withdrawal shall continue turned to the individual who paid the in effect pending the completion of the reservation fee. If the reservation fee is proceeding and any judicial review ensured by a letter of credit, the De- thereof, unless otherwise ordered by partment will draw against the letter the Administrator. of credit unless payment for services (viii) If APHIS receives more than received by the importer or importer’s one application for a permit to import agent in connection with the quar- birds through a specified port of entry antine is otherwise made at least 3 at approximately the same time, such days prior to the expiration date of the that APHIS personnel could provide letter of credit.

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(iv) Any reservation fee shall be for- Department will draw the amount of feited if the importer or the importer’s the cancellation fee against the letter agent fails to present for entry, within of credit unless the cancellation fee is 24 hours following the designated time otherwise paid at least 3 days prior to of arrival, the lot of birds for which the the expiration date of the letter of reservation was made: Except that a credit. reservation fee shall not be forfeited if: (4) Permit applications for ratites. (i) If (A) Written notice of cancellation quarantine space for ratites is desired from the importer or the importer’s at either the New York Animal Import agent is received by the office of the Center or the Miami Animal Import veterinarian in charge of the quar- Center, permit applications must be antine facility 9 during regular business submitted to the New York Animal Im- hours (8:00 a.m. to 4:30 p.m. Monday port Center, USDA, APHIS, Veterinary through Friday, excluding holidays) no Services, 200 Drury Lane, Rock Tavern, later than 15 days for birds prior to the NY, 12575, or to the port veterinarian in beginning of the time of importation as charge of the New York Animal Import specified in the import permit or as ar- Center. ranged with the veterinarian in charge (ii) Quarantine space for ratites will of the quarantine facility if no import be offered in the order that permit ap- permit is required (the 15 day period plications are or have been received, shall not include Saturdays, Sundays, beginning with those permit applica- or holidays), or tions received on August 12, 1991. Res- (B) The Administrator determines ervations for quarantine space at the that services, other than provided by Miami Animal Import Center will be carriers, necessary for the importation limited to a maximum of 100 ratites per of the poultry or birds within the re- permit application. There will be a sin- quested period are unavailable because gle waiting list for quarantine space at of unforeseen circumstances as deter- the Miami Animal Import Center and mined by the Administrator, (such as the New York Animal Import Center. the closing of an airport due to inclem- Importers who prefer one of these two ent weather or the unavailability of facilities over the other may remain on the reserved space due to the extension the waiting list until space opens up at of another quarantine.) the facility of their choice. (v) If the reservation fee was ensured (b) Permit. Except as provided in by a letter of credit and the fee is to be paragraph (c) of this section, when a forfeited under paragraph (a)(3)(iv) of permit is issued, the original and two this section, the Department will draw copies will be sent to the importer. It against the letter of credit unless the shall be the responsibility of the im- reservation fee is otherwise paid at porter to forward the original permit least 3 days prior to the expiration and one copy to the shipper in the re- date of the letter of credit. gion of origin, and it shall also be the (vi) When a reservation is cancelled responsibility of the importer to insure in accordance with paragraph that the shipper presents the copy of (a)(3)(iv)(A) of this section and the pro- the permit to the carrier and makes visions of paragraph (a)(3)(iv)(B) of this proper arrangements for the original section do not apply, a $40.00 cancella- permit to accompany the shipment to tion fee shall be charged. If a reserva- the specified U.S. port of entry for tion fee was paid, the cancellation fee presentation to the collector of cus- shall be deducted from any reservation toms. The time prescribed in permits fee returned to the importer or the im- from the importation of pet birds, com- porter’s agent. If the reservation fee mercial birds, zoological birds, or re- was ensured by a letter of credit, the search birds, shall not exceed 30 days, and for performing or theatrical birds 9 The addresses of USDA quarantine facili- shall not exceed 90 days. Birds for ties may be found in telephone directories which a permit is required by these listing the facilities or by contacting the Animal and Plant Health Inspection Service, regulations will not be eligible for Veterinary Services, National Center for Im- entry if a permit has not been issued; if port-Export, 4700 River Road Unit 38, River- unaccompanied by such a permit; if dale, Maryland 20737–1231. shipment is from any port other than

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the one designated in the permit; if ar- (3) The importer, not less than 2 rival in the United States is at any weeks prior to the anticipated date of port other than the one designated in arrival of each separate intransit ship- the permit; if the birds offered for ment of birds at the port of Anchorage, entry differ from those described in the Alaska, provides the port veterinarian permit. with a copy of the completed import (c) Notwithstanding any other provi- permit; sions in this part, importers are not re- (4) A copy of the completed import quired to obtain an import permit and permit accompanies each separate provide the shipper with an original intransit shipment of birds or poultry import permit for each individual ship- to the port of Anchorage, Alaska; ment of birds other than ratites (5) Import permits issued for mul- transiting the port of Anchorage, Alas- tiple shipments of birds transiting the ka, if the following conditions are met: port of Anchorage, Alaska, will be (1) The importer applies for and ob- valid only during the calendar year in tains an import permit for multiple which they are issued. shipments of birds transiting the port of Anchorage, Alaska, in accordance (Approved by the Office of Management and with the provisions of this section and Budget under control number 0579–0040) related requirements concerning appli- [55 FR 31495, Aug. 2, 1990, as amended at 56 cation for the permit. However, the fol- FR 31866, July 12, 1991; 57 FR 21725, May 22, lowing information is not required on 1992; 59 FR 10733, Mar. 8, 1994; 59 FR 47068, the application: Sept. 14, 1994; 59 FR 47235, Sept. 15, 1994; 59 (i) The species, breed, and number of FR 67614, Dec. 30, 1994; 61 FR 68125, Dec. 27, birds to be imported; 1996. Redesignated and amended at 56012, (ii) The region of origin; 56014, Oct. 28, 1997; 65 FR 38178, June 20, 2000; (iii) The name and address of the ex- 81 FR 40151, June 21, 2016] porter; § 93.104 Certificate for pet birds, com- (iv) The port of embarkation in the mercial birds, zoological birds, and foreign region; research birds. (v) The mode of transportation and the route of travel; (a) General. All pet birds, except as (vi) The proposed date of arrival of provided for in § 93.101 (b) and (c) of this the birds; and part; all research birds; and all com- (vii) The name and address of the per- mercial birds and zoological birds, in- son to whom the birds or poultry will cluding ratites and hatching eggs of be delivered. ratites, offered for importation from (2) The importer completes a copy of any part of the world, shall be accom- the import permit obtained under para- panied by a certificate issued by a full- graph (c)(1) of this section for each sep- time salaried veterinary officer of the arate shipment of birds intended to national government of the exporting transit the port of Anchorage, Alaska, region, or issued by a veterinarian au- by inserting the following information thorized or accredited by the national on a copy of the permit: government of the exporting region (i) The species, breed, and number of and endorsed by a full-time salaried birds to be imported; veterinary officer of the national gov- (ii) The region of origin; ernment of that region. (iii) The name and address of the ex- (b) Birds other than ratites. The cer- porter; tificate for birds other than ratites (iv) The port of embarkation in the must state: foreign region; (1) That all birds covered by the cer- (v) The mode of transportation and tificate have been inspected by the vet- the route of travel; erinarian issuing the certificate; (vi) The proposed date of arrival of (2) That no evidence of Newcastle dis- the birds; and ease, highly pathogenic avian influ- (vii) The name and address of the per- enza, chlamydiosis, or other commu- son to whom the birds will be deliv- nicable disease of poultry was found ered. among the birds;

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(3) That insofar as has been possible (2) That, except when the certificate to determine, the birds were not ex- is for zoological birds or ratites imposed to Newcastle disease, highly ported from Canada in accordance with pathogenic avian influenza, § 93.107, the flock of origin is pen- chlamydiosis, or other communicable raised and the ratites covered by the disease of poultry during the 90 days certificate were produced and main- immediately preceding their expor- tained in that flock; tation; (3) That no evidence of Newcastle dis- (4) That the birds have not been vac- ease, highly pathogenic avian influ- cinated with a vaccine for the H5 or H7 enza, chlamydiosis, or other commu- subtype of avian influenza; however, nicable disease of poultry was found in zoological birds that have been vac- the flock of origin; cinated for avian influenza subtypes H5 (4) That insofar as has been possible or H7 as part of an official program, to determine, the flock of origin was using vaccine products approved and not exposed to Newcastle disease, high- used under supervision by the veteri- ly pathogenic avian influenza, nary authorities of the exporting coun- chlamydiosis, or other communicable try, may be imported under specific disease of pountry during the 90 days conditions as determined by the Ad- immediately preceding the expor- ministrator and specified in an import tation; permit. Such birds must be exported (5) That none of the ratites intended with permanent individual identifica- for shipment to the United States have tion and meet the other requirements been vaccinated with Newcastle disease for entry under this part, and will be vaccine or with a vaccine for the H5 or subject to official testing and quar- H7 subtype of avian influenza; antine on arrival to the United States. (6) That highly pathogenic avian in- (5) That highly pathogenic avian influenza or Newcastle disease did not occur anywhere on the premises where fluenza or Newcastle disease did not the flock of origin was kept or on adja- occur anywhere on the premises from cent premises during the 90 days imme- which the birds were to be exported or diately preceding the exportation; on adjacent premises during the 90 (7) That neither the premises where days immediately preceding the expor- the flock of origin was kept nor any ad- tation of the birds; jacent premises was located in any (6) That neither the premises from area under quarantine for poultry dis- which the birds were to be exported nor eases at any time during the 90 days any adjacent premises were located in immediately preceding the expor- any area under quarantine for poultry tation, and that the ratites have not diseases at any time during the 90 days originated from or been moved through immediately preceding the exportation a region identified in accordance with of the birds, and that the birds have § 94.6(a) of this subchapter as a region not originated from or been moved where highly pathogenic avian influ- through a region identified in accord- enza exists; ance with § 94.6(a) of this subchapter as (8) That, except as provided in § 93.107 a region where highly pathogenic avian for ratites imported from Canada for influenza exists; and immediate slaughter, the ratites were (7) That the birds were placed into treated at least 3 days but not more new or appropriately sanitized pack- than 14 days before being loaded for aging materials at the premises from shipment to the United States with a which the birds were to be exported. pesticide of a type and concentration (c) Ratites other than hatching eggs. sufficient to kill ectoparasites on the The certificate for ratites other than ratites; hatching eggs must state: (9) That the pesticide was applied to (1) That, except as provided in para- all body surfaces of the ratites under graph (c)(13) of this section, all ratites the supervision of the veterinarian covered by the certificate, and their issuing the certificate; flock of origin, have been inspected by (10) That the ratites, after being the veterinarian issuing the certifi- treated for ectoparasites, did not have cate; physical contact with, or share a pen

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or bedding materials with, any ratite ly pathogenic avian influenza, not in the same shipment to the United chlamydiosis, or other communicable States; and disease of poultry during the 90 days (11) That the ratites were placed in immediately preceding the exportation new or appropriately sanitized pack- of the hatching eggs; aging materials for shipment to the (5) That highly pathogenic avian in- United States at the premises where fluenza or Newcastle disease did not the flock of origin was kept. occur anywhere on the premises where (12) The number of ratites contained the flock of origin was kept or on adja- in the shipment; cent premises during the 90 days imme- (13) That the number of ratites and diately preceding the exportation of hatching eggs of ratites exported from the hatching eggs; the flock of origin has not exceeded the (6) That neither the premises where ceiling required to be established under the flock of origin was kept nor any ad- § 93.101(b)(3)(ix); jacent premises were located in any (14) That all the ratites and hatching area under quarantine for poultry dis- eggs of ratites in the flock from which eases at any time during the 90 days the ratites come were identified in ac- immediately preceding the exportation cordance with § 93.101(b)(3); of the hatching eggs; and (15) Except for ratites imported from (7) That the hatching eggs were Canada in accordance with § 93.107, the placed into new or appropriately sani- number of ratite laying hens in the tized packaging materials for shipment flock from which the ratites come; to the United States at the premises (16) For ratites required to be treated where the flock of origin was kept. prior to shipment with a pesticide for (8) The number of hatching eggs con- ectoparasites, the certificate must also tained in the shipment; state the name, concentration, and (9) That the number of ratites and date of administration of the pesticide hatching eggs of ratites exported from used to treat the ratites; the flock of origin has not exceeded the (17) When ratites intended for impor- ceiling required to be established under tation are zoological birds, only the § 93.101(b)(3)(ix); ratites to be imported must be in- (10) That all the ratites and hatching spected, and the provisions in para- eggs of ratites in the flock from which graphs (c)(3), (c)(4), (c)(5), (c)(6), (c)(7), the hatching eggs come were identified and (c)(11) that apply to the flock of or- in accordance with § 93.101(b)(3); igin shall apply only to the ratites in- (11) Except for hatching eggs of tended for importation. ratites imported from Canada in ac- (d) Hatching eggs of ratites. The cer- cordance with § 93.107, the number of tificate for hatching eggs of ratites ratite laying hens in the flock from must state: which the hatching eggs come. (1) That the flock of origin of the (Approved by the Office of Management and hatching eggs has been inspected by Budget under control number 0579–0040) the veterinarian issuing the certificate; [56 FR 31866, July 12, 1991; 56 FR 41726, Aug. (2) That, except when the certificate 22, 1991, as amended at 57 FR 28080, June 24, 1992; 59 FR 10733, Mar. 8, 1994; 59 FR 47235, is for hatching eggs of ratites imported Sept. 15, 1994; 61 FR 56891, Nov. 5, 1996; 61 FR from Canada in accordance with 68126, Dec. 27, 1996. Redesignated and amend- § 93.107, the flock of origin is pen- ed at 62 FR 56012, 56014, Oct. 28, 1997; 76 FR raised, and the hatching eggs covered 4053, Jan. 24, 2011; 79 FR 71005, Dec. 1, 2014] by the certificate were produced by that flock; § 93.105 Inspection at the port of (3) That no evidence of Newcastle dis- entry. ease, highly pathogenic avian influ- (a) All commercial birds, zoological enza, chlamydiosis, or other commu- birds, and research birds, including nicable disease of poultry was found in hatching eggs of ratites, but excluding the flock of origin; other ratites, imported into the United (4) That insofar as has been possible States, must be inspected by the port to determine, the flock of origin was veterinarian at the Customs port of not exposed to Newcastle disease, high- entry, which may be any international

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airport, or any land-border port within be quarantined for a minimum of 30 20 miles of an international airport, days, and for such longer period as may serviced by Customs, as well as, for Ca- be required by the Administrator, in nadian-origin hatching eggs of ratites, any specific case, on an ‘‘all-in, all- ports listed in § 93.107 (c). However, out’’ basis, at a Customs port of entry, hatching eggs of ratites may be at a USDA quarantine facility when ar- shipped, in bond, from the port of first rangements have been made in advance arrival to the Customs port of entry at by the importer and approval is grant- which they will be quarantined, for ined in the permit described in § 93.103, or spection, at that port. in facilities that meet the require- (b) All pet birds imported from any ments of paragraph (c) of this section. part of the world, except pet birds from At a USDA quarantine facility each Canada and pet birds meeting the pro- psittacine bird shall be individually visions of § 93.101(c)(2), shall be sub- identified by the Department within 7 jected to inspection at the Customs days of the entry of the bird into the port of entry by a veterinary inspector bird quarantine facility with a serially of APHIS and such birds shall be per- numbered legband which has been mitted entry only at the ports listed in coded to the quarantine facility or by § 93.102(a). Pet birds of Canadian origin other suitable means of identification. and those birds meeting the provisions The identification device must be ap- of § 93.101(c)(2) shall be subject to vet- proved by the Administrator, before it erinary inspection at any of the ports shall be used to identify birds under of entry listed in § 93.102 and 93.203. this section. Such means of identifica- (c) Ratites, other than hatching eggs tion shall be supplied by the Depart- of ratites, imported from any part of ment at cost to the importer. The De- the world must be inspected at the Cus- partment shall make an identification toms port of entry by a veterinary inspector of APHIS and, except as pro- record at the time such bird is so iden- vided in § 93.107(b) for ratites imported tified containing the species of the from Canada, shall be permitted entry bird, including the common and sci- only at one of the following ports of entific name, and the number of the entry: identification device placed on the (1) Ostriches: bird. The daily log and the identifica- (i) Up to 36 inches in height (as meas- tion record shall be maintained for 12 ured from the top of the head to the months following the date of the re- base of the feet) or 30 pounds in weight: lease of the bird from quarantine. Prior New York, NY; Stewart Airport, New- to use of a privately owned quarantine burgh, NY; and Miami, FL. facility, a Cooperative and Trust Fund (ii) Exceeding 36 inches in height or Agreement as set forth in paragraph 30 pounds in weight: New York, NY, (c)(5) of this section shall be executed and Stewart Airport, Newburgh, NY. by the importer and the Department (2) Ratites other than ostriches: New and appropriate funds shall be depos- York, NY; Stewart Airport, Newburgh, ited with the Administrator pursuant NY; and Miami, FL. to the Cooperative and Trust Fund Agreement. If the birds are found free [55 FR 31495, Aug. 2, 1990, as amended at 56 of evidence of communicable diseases FR 31867, July 12, 1991; 57 FR 21726, May 22, 1992; 59 FR 36026, July 15, 1994; 59 FR 47069, of poultry during quarantine, then the Sept. 14, 1994; 61 FR 68126, Dec. 27, 1996. Re- port veterinarian shall issue an agri- designated and amended at 62 FR 56012, 56014, culture release for entry through U.S. Oct. 28, 1997; 65 FR 38178, June 20, 2000] Customs. If the birds are found during port of entry inspection or during quar- § 93.106 Quarantine requirements. antine, to be infected with or exposed (a) Birds other than ratites and hatch- to a communicable disease of poultry, ing eggs of ratites. Each lot of pet birds, such birds shall be refused entry or except as provided for in § 93.101(c) of shall be held for an additional period in this part; research birds; and commer- quarantine until determined to be free cial birds and zoological birds, except of evidence of any communicable dis- ratites and hatching eggs of ratites, ease, or shall be otherwise disposed of imported into the United States shall as directed by the Administrator. See

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also paragraph (c)(3)(ii)(E) of this sec- the inspector determines that the tion. ratites are free of ectoparasites. (b) Ratites and hatching eggs of ratites. (4) If the ratites, including chicks (1) Each lot of ratites imported from hatched during quarantine, are deter- any part of the world except as pro- mined to be free of communicable dis- vided in § 93.107, shall be quarantined eases, the port veterinarian shall issue upon arrival for a minimum of 30 days, an agricultural release for entry and for such longer period as may be through U.S. Customs. If the port vet- required by the Administrator to deter- erinarian finds evidence of commu- mine the ratites’ freedom from nicable disease, or exposure to commu- ectoparasites and communicable dis- nicable disease, during port of entry in- eases. Quarantine shall be on an ‘‘all- spection or quarantine of the ratites, in, all-out’’ basis, as described in para- the ratites shall be refused entry, or graph (c)(3)(ii)(A) of this section, at the shall be held in quarantine until they New York Animal Import Center at are determined to be free of commu- Newburgh, NY, when the port of entry nicable disease, or shall be otherwise is either New York, NY, or Stewart disposed of as directed by the Adminis- Airport, Newburgh, NY; or at the trator. Miami Animal Import Center, Miami, (c) Standards for privately owned bird FL, when the port of entry is Miami, quarantine facilities and handling proce- FL. Reservations for space in these dures for importation of birds. Before the quarantine facilities must be made in Administrator will issue an import per- advance of arrival and in accordance mit for a lot of birds, the Adminis- with § 93.103 of this part. trator must determine that the pri- (2) Each lot of hatching eggs of vately owned bird quarantine facility ratites imported from any part of the to be used to quarantine birds imported world except as provided in § 93.107, into the United States (the facility) shall be quarantined upon arrival, in- and its maintenance and operation cubated for the full incubation period meet the minimum requirements of (approximately 42 days), and held in paragraphs (c)(1) through (c)(5) of this quarantine for a minimum of 30 days section, that adequate APHIS per- following the hatch of the last chick in sonnel are available to provide services the lot, and for such longer period as required by the facility, and that a Co- may be required by the Administrator operative and Trust Fund Agreement to determine the ratites’ freedom from between the importer and the Depart- communicable diseases. Quarantine ment has been executed, and the re- shall be conducted at a facility that quired funds have been deposited, in ac- meets the requirements of paragraph cordance with that agreement. The (c) of this section, and in the manner cost of the facility and all costs associ- prescribed by paragraph (c) of this sec- ated with its maintenance and oper- tion. ation must be borne by the importer, (3) During the quarantine period, the in accordance with the provisions of ratites, including chicks hatched in paragraph (e) of this section. quarantine, shall be tested for viral diseases of poultry, including highly (1) Supervision of the facility. The fa- pathogenic avian influenza and New- cility shall be maintained under the su- castle disease. If any of the ratites ex- pervision of the port veterinarian at hibit evidence of other communicable the Customs port of entry. diseases, they will be subjected to such (2) Physical plant requirements. The fa- additional tests as may be required by cility shall comply with the following the Administrator to determine their requirements: freedom from communicable diseases. (i) Location. Each privately owned Ratites other than those imported as bird quarantine facility shall be lo- hatching eggs also shall be treated for cated: ectoparasites 10 by an inspector until mulation will be used in accordance with all 10 APHIS will use an EPA registered dust applicable directions, restrictions, and pre- formulation that contains 5 percent carbaryl cautions on the label. Treated birds may not as the only active ingredient. The dust for- be slaughtered for food purposes.

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(A) Within the immediate metropoli- (F) Have a separate necropsy room tan area of the port of entry to prevent which shall have refrigerated storage the imported birds, while in transit to space for carcasses retained for labora- the quarantine facility, from intro- tory examination and facilities ade- ducing or disseminating disease to do- quate for specimen preparation and mestic poultry or livestock. carcass disposal; (B) At least one-half mile from any (G) Have a separate area for washing concentration of avian species, such as, facility equipment; but not limited to, poultry processing (H) Have a shower at the entrance plants, poultry or bird farms, pigeon into the area comprised of the bird lofts, or other bird quarantine facili- holding and necropsy rooms and a ties. Factors such as prevailing winds, clothes storage and change area at the efficiency of the air filtration sys- each end of the shower area; tem of the quarantine facility, possible (I) Have a storage area for equipment exposure to poultry or birds moving in necessary for quarantine operations; local traffic, etc., shall be taken into (J) Have equipment necessary to consideration. maintain the facility in clean and sani- (ii) Construction. Each quarantine fa- tary condition, including insect and cility shall consist of a single, self-con- pest control equipment; tained building, which shall: (K) Have a receptacle for soiled and contaminated clothing in the clothes (A) Be constructed only with mate- change area located nearest the en- rial that can withstand continued trance to the bird holding area; cleaning and disinfection. All solid (L) All construction must be com- walls, floors, and ceilings must be con- pleted before any permit application is structed of impervious material. All submitted in accordance with § 93.103. openings to the outside must be dou- (M) An APHIS representative shall ble-screened, with an interior screen of inspect the facility to determine metal or nylon mesh that is impervious whether the facility complies with the to biting insects such as gnats or mos- standards set forth in this section be- quitos, and an exterior metal screen fore any permit is issued in accordance that is rodent-proof and is made of with § 93.103. Inspections shall take wire, such as rabbit wire, hardware place at least once each year. cloth, or smooth welded wire, with (N) In addition, a facility for hatch- × mesh size no larger than 1 inch 1.5 ing eggs of ratites, in which the hatch- × inches (2.54 cm 3.81 cm). The interior ing eggs of one lot may be quarantined and exterior screens must be separated at the same time as the hatched chicks by at least 3 inches (7.62 cm); from the previously quarantined lot, (B) Have a bird holding area of suffi- shall: cient size to prevent overcrowding of (1) Have a wall or a wall with a lock- the birds in quarantine. (All access able door separating the incubator/ into this holding area shall be from hatcher area from the bird (chick) within the building and each entryway holding area, and this wall or wall- into such area shall be equipped with with-door shall provide an airtight seal self-closing, double doors: Provided, between the two areas, shall be imper- That emergency exits to the outside vious to water, and shall be able to may exist in the bird holding area if re- withstand continued cleaning and dis- quired by local fire ordinances. Such infection; emergency exits shall be constructed (2) Have a necropsy or sample collec- so as to permit their opening from the tion area in both the incubator/hatcher inside of the facility only.); area and the bird (chick) holding area; (C) Have a ventilation capacity suffi- and cient to control moisture and odor at (3) Have separate entrances, showers, levels that are not injurious to the toilets, and dressing room facilities for health of the birds in quarantine; the exclusive use of personnel working (D) Have a vermin-proof feed storage in the incubator/hatcher area and the area; bird (chick) holding area. (E) Have office space for record- (O) The bird (chick) holding area in keeping; any facility for hatching eggs of ratites

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shall be of a size large enough to ac- (F) Sufficient stocks of a disinfectant commodate 75 percent of the incubator authorized in § 71.10(a)(5) of this chap- capacity, with a minimum of 10 square ter; feet per egg. (G) A security system which prevents (P) If a facility for hatching eggs of contact of birds in quarantine with per- ratites has a sun room, the sun room sons not authorized entry to the facil- shall be connected to the chick holding ity and with other birds and animals. area by a wall with a lockable door. Such a system shall include a daily log This wall; the other walls, if any; and to record the entry and exit of all per- the flooring, must be impervious to sons entering the facility and controls water and able to withstand continued at all doorways and other openings to cleaning and disinfection. All walls of the facility to prevent escape or acci- the sun room must be at least 8 feet dental entry of birds. (3) The fol- high. Operational procedures. lowing procedures shall be observed at (1) Any of the exterior walls may be the facility at all times. replaced by a double-screened wall set (i) Personnel. Access to the facility in a concrete or concrete-block curb. shall be granted only to persons work- The double screening shall be of wire ing at the facility or to persons specifi- mesh or wire mesh and nylon mesh, as cally granted such access by the port provided in paragraph (c)(2)(ii)(A) of veterinarian. this section, with the interior and exte- (A) All personnel granted access to rior screens of the sun room wall sepa- the bird holding area or the incubator/ rated by at least 3 inches (7.62 cm); the hatcher area shall: concrete or concrete block curb must (1) Wear clean protective clothing be at least 12 inches high, impermeable and footwear upon entering the bird to water, and able to prevent the es- holding area or the incubator/hatcher cape of water, manure, and debris. area; (2) The sun room shall have a roof, (2) Change protective clothing and such as a double-mesh-screened roof or footwear when they become soiled or a glass roof, that is both impervious to contaminated; free-flying birds and biting insects (3) Shower when entering and leaving (such as gnats or mosquitoes) and capa- any bird holding area, any incubator/ ble of preventing contact between hatcher area, and any necropsy area. chicks and free-flying birds. Showering when moving between the (3) Be attended by personnel working incubator/hatcher area and the bird in the bird (chick) holding area when- holding area is not required when the ever chicks are in the sun room. eggs in the hatching area and the (iii) Sanitation and security. Arrange- chicks in the holding area are part of ments shall exist for: the same lot; (A) A supply of water adequate to (4) Work exclusively with one lot of meet all watering and cleaning needs. birds until the lot’s release from quarantine, and have no contact with other (B) Disposal of wastes by inciner- birds or poultry until the release date. ation or a public sewer system which (B) The importer shall handle soiled meets all applicable environmental clothing worn within the quarantine quality control standards; unit in a manner approved by the port (C) Control of surface drainage onto veterinarian as adequate to preclude or from the facility to prevent any dis- transmission of a poultry disease agent ease agent from entering or escaping; from the facility. (D) Protective clothing and footwear (ii) Handling of the birds in quarantine. adequate to insure that workers at the The birds shall be kept in the quar- facility have clean clothing and foot- antine facility for a minimum of 30 wear at the start of each workday and days and while in quarantine shall be at any time such articles become soiled handled in compliance with the fol- or contaminated; lowing requirements: (E) Power cleaning and disinfecting (A) Each lot of birds to be quar- equipment with adequate capacity to antined shall be placed in the facility disinfect the facility and equipment; on an ‘‘all-in, all-out’’ basis. No birds

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shall be taken out of the lot while it is for all birds in the shipment, and shall in quarantine except for diagnostic not dispose of any carcass or parts purposes and if additional birds are thereof unless authorized to do so by a added to a lot, the total quarantine pe- Veterinary Medical Officer of APHIS of riod for that lot shall be extended so the Department. Birds that die enroute that all birds will have completed at to the United States or while in quar- least 30 consecutive days of quarantine antine shall be made available at the before release for entry into the com- port of entry for necropsy by a Depart- merce of the United States. The quar- ment poultry disease diagnostician antine period may be extended as pro- who may submit specimens from such vided in paragraph (a) of this section. birds for laboratory examination. (1) Hatching eggs of ratites com- (E) During the period of quarantine, prising a single lot may be added to the the birds shall be subjected to such facility in stages, provided the entire tests and procedures as are required in lot has been placed in the facility no specific cases by the port veterinarian, later than 15 days after the arrival of to determine whether the birds are free the first shipment. from communicable diseases of poultry (2) If hatching eggs of ratites begin to and it shall be the responsibility of the hatch in the incubator/hatcher area importer to identify individually each while ratite chicks from the previously psittacine bird within 7 days of the quarantined lot remain in the bird entry of the bird into the quarantine (chick) holding area, then the separate facility with a serially numbered lots assume the status of a single lot, legband which has been coded to the and will be released from quarantine in quarantine facility or by other suitable accordance with paragraph (c)(3)(ii)(A) means of identification. Any identifica- of this section. tion device must be approved by the (B) The birds may be vaccinated dur- Administrator, upon written request to ing quarantine only with a vaccine him, before it shall be used to identify that has been approved by the Admin- birds under this section. Such means of istrator, and is administered by a li- identification shall be supplied by the censed veterinarian under the direct importer, and the importer shall insure supervision of a veterinarian employed that each bird is so identified at the by the Animal and Plant Health In- time the bird is released from the facil- spection Service. The Administrator ity. If Newcastle disease or highly will approve a vaccine if: pathogenic avian influenza is found or (1) The vaccine is licensed by the detected among any birds in quar- Animal and Plant Health Inspection antine, all birds in the facility shall be Service in accordance with § 102.5 of destroyed or refused entry and the en- this chapter; and tire facility shall be thoroughly (2) The vaccine is not one that is used cleaned and then disinfected as di- to prevent Newcastle disease, avian in- rected under the supervision of an influenza, or any other hemagglutinating spector. virus of poultry. 11 (F) The quarantine facility from (C) Birds of the psittacine family which a lot of birds has been released shall receive a balanced, medicated feed ration treatment containing not shall be thoroughly cleaned and dis- less than 1% CTC with not more than infected with a disinfectant authorized 0.7% calcium for the entire quarantine in § 71.10(a)(5) of this chapter, under su- period as a precautionary measure pervision of an inspector before a new against chlamydiosis (psittacosis). lot is placed in the facility. (D) The importer shall immediately (iii) Records. It shall be the responsi- collect all birds which die in quar- bility of the importer to maintain a antine and hold them under refrigera- current daily log for each lot of birds, tion, within the facility, shall account recording such information as the general condition of the birds each day, source of origin of the birds in the lot, 11 A list of approved vaccines is available from the Animal and Plant Health Inspec- total number of birds in the lot when tion Service, Veterinary Services, National imported, number of dead birds when Center for Import-Export, 4700 River Road lot arrived, date lot was placed into the Unit 38, Riverdale, Maryland 20737–1231. facility, number of deaths each day in

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the lot during the quarantine period, privately owned quarantine facility for necropsy results, and laboratory find- the importation of birds on a first ings on birds that died during the quar- come, first served basis, if adequate antine date of prescribed tests and re- APHIS personnel are available to pro- sults, Department import permit num- vide those services, upon determining bers of each lot, date lot was removed that the importer has executed a Coop- from the facility, and any other obser- erative and Trust Fund Agreement, vations pertinent to the general health and has deposited funds in an amount of the birds in the lot. The importer determined by the Administrator to be shall also make an identification sufficient to cover all costs incurred by record, at the time each psittacine bird the Department in providing services is identified, containing the species of in accordance with that agreement, as the bird, including the common and specified in paragraph (c)(5)(iii) of this scientific name and the number of the section. identification device placed on each (iii) Cooperative and Trust Fund psittacine bird. The daily log and the Agreement. identification record shall be maintained for 12 months following the date COOPERATIVE AND TRUST FUND AGREEMENT BETWEEN lll (NAME OF IMPORTER) AND of release of the bird from quarantine THE UNITED STATES DEPARTMENT OF AGRI- and shall be made available to APHIS CULTURE, ANIMAL AND PLANT HEALTH IN- personnel upon request. SPECTION SERVICE. (4) Additional requirements as to lo- This agreement is made and entered into cation, security, physical plant and fa- by and between lllll (name of im- cilities, sanitation, and other items porter), hereinafter referred to as the Im- may be imposed by the Administrator, porter, and the U.S. Department of Agri- in each specific case in order to assure culture, Animal and Plant Health Inspection that the quarantine of the birds in such Service, hereinafter referred to as the Serv- facility will be adequate to enable de- ice, with respect to llllll (quarantine termination of their health status, pre- facility and address of facility). Whereas, the vent spread of disease among birds in Service is authorized pursuant to the Animal Health Protection Act (7 U.S.C. 8301 et seq.) quarantine, and prevent escape of poul- to regulate the introduction of animals into try disease agents from the facility. the United States in order to prevent the in- (5) Cooperative and Trust Fund troduction of animal and poultry diseases Agreement for services required by im- into the United States; and porter at a privately owned bird quar- Whereas, the Importer is interested in the antine facility. importation of certain birds from regions (i) When the Administrator deter- presently under restrictions for such impor- mines that a privately owned bird tation; and Whereas, the Importer is equipped with a quarantine facility meets the require- bird quarantine facility that meets the re- ments set forth in paragraph (c) of this quirements of paragraph (c) of this section; section, the Department and the im- and porter shall execute a Cooperative and Whereas, the Importer has requested the Trust Fund Agreement, as specified in Service to conduct inspections, perform lab- paragraph (c)(5)(iii) of this section. In oratory procedures, complete examinations, conjunction with the Cooperative and and supervise the isolation, quarantine, and Trust Fund Agreement, the importer care and handling of birds to insure that they meet the Department’s quarantine re- shall deposit with the Administrator a quirements before release into the United money order or cashier’s check in an States; and amount determined by the Adminis- Whereas, it is the intention of the parties trator to cover all costs incurred by hereto that such cooperation shall be for the Department in providing services their mutual benefit and the benefit of the in accordance with the provisions of people of the United States; the Cooperative and Trust Fund Agree- Now therefore, for and in consideration of ment. Any unobligated funds will, upon the promises and mutual covenants herein request, be returned to the importer, contained, the parties hereto do hereby mutually agree with each other as follows: after the birds’ release from quar- (A) The Importer Agrees: antine. (1) To operate the quarantine facility in (ii) The Administrator may provide accordance with all Federal Laws and regu- services required by the importer at a lations.

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(2) To provide a current list of designated nance of the biological security of the quar- personnel employed by the Importer who will antine area. be used to handle and care for birds during (9) To secure all windows and any openings the quarantine period. The list will include in the quarantine facility in a manner satis- the legal names, current residential address- factory to the Department which will insure es, and social security numbers of the des- the biological security of the quarantine fa- ignated personnel. The list will be furnished cility and prevent the unauthorized removal to the port veterinarian at the time an appli- of birds. cation for an import permit to import birds (10) To install tamperproof hasps and to in- into the quarantine facility is submitted to stall hinges on doors from which the pins the Service. The list will be updated for any cannot be removed. changes in or additions to the designated (11) To install a hood with a viewing win- personnel in advance of such personnel work- dow over the necropsy table. ing in the quarantine facility. (12) To bag waste material in leakproof (3) To furnish to the Service a signed state- bags. Such material shall be handled in a ment from each of the designated personnel manner that spoilage is kept to a minimum employed by the Importer which provides and control of pests is maintained. Such ma- that such personnel agree that for a period of terial shall be disposed of by incineration or 3 days from their most recent contact with by public sewer or other method authorized birds in the quarantine facility, such per- by the Administrator to prevent the spread sonnel will refrain from having contact with of disease. The disposition of such material other birds and poultry. This restriction shall only be under the direction and super- ceases to apply on the date the birds are re- vision of the Service. leased from quarantine. (13) To feed chlortetracycline to psittacine birds, upon their arrival in the facility as (4) To not permit any designated personnel prescribed in § 93.106(c)(3)(ii)(C). which the Service determines to be unfit to (14) To install an electronic security sys- be employed at a quarantine facility upon tem which is coordinated through or with written notice from the Service. Such deter- the local police so that monitoring of the mination shall be based upon such employ- quarantine facility is maintained whenever ee’s committing or aiding and abetting in Service personnel are not at the facility or, the commission of any violation of title 9, in lieu of such electronic monitoring system Code of Federal Regulations, part 93. The Im- to arrange for continuous guarding of the fa- porter further agrees to suspend any des- cility with personnel from a bonded, security ignated employee from working at a quar- company. Provided, That, if highly patho- antine facility when the Service has reason genic avian influenza or Newcastle disease is to believe that such employee has violated diagnosed in any of the birds in the quar- any provision of title 9, Code of Federal Reg- antine facility, continuous guarding of the ulations, part 93, and the Administrator has facility with personnel from a bonded secu- determined that the actions of such em- rity company shall be maintained by the Im- ployee constitute a severe threat to intro- porter. The electronic security system if in- duce or disseminate a communicable disease stalled shall be of the ‘‘silent type’’ and shall of poultry into the United States. Such ac- be triggered to ring at the monitoring site tion shall be made upon receipt of notice and not at the facility. The electronic sys- from the Service requiring such action by tem shall be approved by Underwriter’s Lab- the Importer. oratories. (5) To allow the unannounced entry into Written instructions shall be provided to the the quarantine facility of Service personnel monitoring agency which shall require that or other persons authorized by the Service upon activation of the alarm, the police and for the purpose of inspecting birds in quar- a representative of the Service designated by antine, the operations at the quarantine fa- the Service shall be notified by the moni- cility and to ascertain compliance with the toring agency. Such instructions, as well as Standards for quarantine facilities and han- any changes in such instructions, shall be dling procedures for importation of birds filed in writing with the Administrator. The contained in title 9, Code of Federal Regula- Importer shall notify the Service whenever a tions, § 93.106(c). break in security occurs or is suspected of (6) To provide permanent restrooms in occurring. both the clean and the quarantine areas of (15) To not have non-Service personnel in the quarantine facility. the quarantine area when birds are in the (7) To provide a T.V. monitoring system or quarantine facility unless Service personnel a window or windows sufficient to provide a are present. full view of the quarantine area excluding (16) To have seals of the Service placed on the clothes changing area. all entrances and exits of the facility when (8) To install a communication system be- determined necessary by the Service and to tween the clean and quarantine areas of the take all necessary steps to ensure that such quarantine facility. Such communication seals are only broken in the presence of system shall not interfere with the mainte- Service personnel.

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(17) To decide what the disposition of a lot quarantine facility and the basis for such ac- of birds will be within 48 hours following offi- tion. Similar notice shall be afforded to the cial notification that such a lot is infected designated employee. Subsequent to such with or exposed to highly pathogenic avian suspension, the designated employee shall influenza or Newcastle disease. Final disposi- have the right to request an immediate re- tion of the infected or exposed lot is to be ac- view of such action by the Administrator, in- complished within 4 working days following cluding presenting his or her views to the official notification. Disposition of the birds Administrator in an informal conference. If will be under the supervision of the Service. the Administrator makes a final determina- (18) To furnish a telephone number or num- tion that grounds existed to suspend such bers to the Service at which the Importer employee, he or she shall notify the Importer can be reached on a daily basis or furnish the and the suspended employee of his or her de- same for an agent or representative that can cision and such employee shall be discharged act and make decisions on the Importer’s be- by the Importer. half. (7) Prior to any final determination being (19) To deposit with the Service, upon exe- made by the Service concerning the dis- cution of this agreement, a money order or charge of any designated personnel employed cashier’s check, in an amount determined by by the Importer, the Service will inform, in the Administrator to be sufficient to defray writing, the Importer and the designated all costs incurred by the Service in providing personnel of the basis for such action. If such services required. If such costs exceed the de- person contests such action he or she shall posited amount, the importer will pay for ad- be permitted to present his or her views to ditional costs incurred, based on official accounting records, within 14 days of receipt of the Administrator, provided such request is the bill showing the balance due. made within 30 days of the receipt of the (20) To provide for the maintenance and op- aforementioned written notice. If a final de- eration of the quarantine facility in accord- termination is made by the Administrator ance with standards for quarantine facilities that such personnel should be discharged, he and handling procedures for importation of or she shall notify such personnel and the birds contained in title 9, Code of Federal Importer of such determination. Regulations, § 93.106(c). (C) It is mutually understood and agreed: (B) The Service agrees: (1) That a maximum capacity will be es- (1) To furnish the services of technical and/ tablished for each quarantine lot. This will or professional personnel needed to conduct be based upon the capacity of the quarantine inspections, perform laboratory procedures, facility to handle the birds. The number of complete examinations, and supervise the birds on the permits will not exceed this ca- isolation, quarantine, and care and handling pacity. of birds being imported to ensure that they (2) If the seals referred to in paragraph meet the Department’s quarantine require- (c)(5)(iii)(A)(16) of this section are broken by ments before release into the United States. other than Service personnel, it will be con- (2) To issue permits 3 working days fol- sidered a breach in security and an imme- lowing receipt of the permit application, de- diate accounting of all birds in the facility pending upon the availability of personnel to shall be made by the Service. If any birds are provide the services required for quarantine determined to be missing from the facility, and the results of an APHIS representative’s the quarantine period will be extended for an inspection of the quarantine facility. additional 30-day period. (3) To provide the Importer within 30 days (3) During the performance of this coopera- following receipt of a written request from tive work, the Importer agrees to be bound the Importer, with an accounting of funds by the equal opportunity and nondiscrimina- expended in providing services under para- tion provisions as set forth in exhibit B and graph (B)(1) of this agreement. Any unobli- nonsegregation of facilities provisions as set gated balance upon termination or expira- forth in exhibit C, 12 which are attached here- tion of this agreement shall be returned to to and made a part thereof. the Importer. (4) No member of or delegate to Congress (4) To inform the Importer when a diag- or resident commissioner, shall be admitted nosis of highly pathogenic avian influenza or to any share or part of this agreement or to Newcastle disease has been made in any fa- any benefit to arise therefrom; but this pro- cility. vision shall not be construed to extend to (5) To promptly inform the Embassy or this agreement if made with a corporation of Consulate of the foreign region to which lots its general benefit. of birds, refused entry into the United States due to a diagnosis of highly pathogenic avian influenza or Newcastle disease, are to be 12 Import-Export Animals Staff, Veterinary shipped. Services, APHIS, USDA, will furnish each (6) To notify in writing the Importer of any importer with copies of exhibits B and C designated employee which the Service be- prior to their signing the Cooperative and lieves should be suspended from work at the Trust Fund Agreement.

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(5) This agreement shall become effective CANADA 13 upon date of final signature and shall continue until the permitted lot of birds is re- § 93.107 Special provisions. leased from quarantine. This agreement may (a) In-bond shipments from Canada. be amended by agreement of the parties in Birds from Canada transported in-bond writing. It may be terminated by either party upon 30 days written notice to the through the United States for imme- other party. diate export shall be inspected at the border port of entry and, when accom- Date lllllllllllllllllllll panied by an import permit obtained llllllllllllllllllllllll under § 93.103 of this part and all condi- Importer tions therein are observed, shall be al- Date lllllllllllllllllllll lowed entry into the United States and llllllllllllllllllllllll shall be otherwise handled as provided Administrator, Animal and Plant Health In- in paragraph (d) of § 93.101. spection Service, United States Depart- (b) Ratites from Canada. Ratites that ment of Agriculture were hatched and raised in Canada or ratites that were legally imported into (d) Charges for services. The charges to Canada and, upon arrival in Canada, be borne by the importer for services were quarantined for a minimum of 28 provided for quarantine facilities ap- days at a Canadian quarantine facility proved in accordance with paragraph and remained in Canada for an addi- (c) of this section shall be: tional 60 days following completion of (1) The appropriate GS hourly rate quarantine may be imported into the (including appropriate premium pay in United States: accordance with 5 U.S.C. 5541–5549) of (1) Without being quarantined upon the employee who actually performs arrival in the United States; and (2) At any of the following ports of the service, including his or her travel entry: Anchorage, AK; Fairbanks, AK; time and his or her travel expenses: Los Angeles, CA; San Diego, CA; Den- Such time and travel Provided, however, ver, CO; Miami, FL; Tampa, FL; At- expense shall not exceed the time and lanta, GA; Eastport, ID; Chicago, IL; travel expense to and from his or her New Orleans, LA; Boston, MA; Balti- official duty station; more, MD; Houlton, ME; Jackman, ME; (2) All applicable user fees, as listed Detroit, MI; Port Huron, MI; Sault Ste. in part 130 of this chapter; and Marie, MI; Minneapolis, MN; Raymond, (3) A surcharge for overhead based on MT; Sweetgrass, MT; Buffalo, NY; the most current historical data avail- Champlain, NY; New York, NY; Stew- able showing the percentage of APHIS art Airport, Newburgh, NY; Dunseith, funds expended for administrative sup- ND; Pembina, ND; Portal, ND; Port- port. land, OR; San Juan, PR; Houston, TX; (e) Requirements of other Federal Highgate Springs, VT; Seattle, WA; laws and regulations, such as the De- and Sumas, WA; and partment’s Animal Welfare Regula- (3) If offered for entry at a Canadian tions in subchapter A of this chapter land border port listed in § 93.203(b), shall also apply as applicable to the without an import permit; and quarantine facilities. (4) If consigned directly to slaughter from the port of entry, without being [55 FR 31495, Aug. 2, 1990. Redesignated at 62 treated for ectoparasites within 3 to 14 FR 56012, Oct. 28, 1997] days before shipment to the United EDITORIAL NOTE: For FEDERAL REGISTER ci- States, as otherwise required by tations affecting § 93.106, see the List of CFR § 93.104(c)(8); and Sections Affected, which appears in the (5) If in compliance with all of the Finding Aids section of the printed volume applicable regulations of the U.S. Fish and at www.govinfo.gov. and Wildlife Service contained in Title

13 Importations from Canada shall be subject to § 93.107, in addition to other sections in this part which are in terms applicable to such importations.

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50, subchapter B, of the Code of Federal tridges, pea fowl, pheasants, pigeons, Regulations. quail, swans, and turkeys (including (c) Ratite eggs from Canada. Hatching eggs for hatching) which are imported eggs of ratites that were laid in Canada for resale, breeding, public display, or may be imported into the United any other commercial purpose. States: Communicable disease. Any con- (1) Without being quarantined upon tagious, infectious, or communicable arrival in the United States; and disease of domestic livestock, poultry (2) At any of the ports of entry listed or other animals. in paragraph (b)(2) of this section or Department. The United States De- authorized by § 93.105(a); and partment of Agriculture (USDA). (3) If offered for entry at a Canadian Fever tick. Boophilus annulatus, in- land border port listed in § 93.203(b), cluding, but not limited to, the vari- without an import permit; and eties Americana and Australia. (4) If in compliance with all of the Highly pathogenic avian influenza applicable regulations of the U.S. Fish (HPAI). Highly pathogenic avian influ- and Wildlife Service contained in Title enza is defined as follows: 50, subchapter B, of the Code of Federal (1) Any influenza virus that kills at Regulations. least 75 percent of eight 4- to 6-week- [55 FR 31495, Aug. 2, 1990, as amended at 61 old susceptible chickens within 10 days FR 68126, Dec. 27, 1996. Redesignated and following intravenous inoculation with amended at 56012, 56015, Oct. 28, 1997; 65 FR 0.2 mL of a 1:10 dilution of a bacteria- 38178, June 20, 2000; 67 FR 68022, Nov. 8, 2002] free, infectious allantoic fluid or inoculation of 10 susceptible 4- to 8-week-old Subpart B—Poultry chickens resulting in an intravenous pathogenicity index (IVPI) of greater § 93.200 Definitions. than 1.2; Wherever in this subpart the fol- (2) Any H5 or H7 virus that does not lowing terms are used, unless the con- meet the criteria in paragraph (1) of text otherwise requires, they shall be this definition, but has an amino acid construed, respectively, to mean: sequence at the haemagglutinin cleav- Accredited veterinarian. A veteri- age site that is compatible with highly narian approved by the Administrator pathogenic avian influenza viruses; or in accordance with the provisions of (3) Any influenza virus that is not an part 161 of this title to perform func- H5 or H7 subtype and that kills one to tions specified in parts 1, 2, 3, and 11 of five out of eight inoculated chickens subchapter A, and subchapters B, C, and grows in cell culture in the absence and D of this chapter, and to perform of trypsin within 10 days. functions required by cooperative Immediate slaughter. Consignment di- state-federal disease control and eradi- rectly from the port of entry to a rec- cation programs. ognized slaughtering establishment 1 Administrator. The Administrator of and slaughter thereat within two the Animal and Plant Health Inspec- weeks from the date of entry. tion Service or any other employee of Inspector. An employee of the Animal the Animal and Plant Health Inspec- and Plant Health Inspection Service tion Service, United States Depart- authorized to perform duties required ment of Agriculture, to whom author- under this subpart. ity has been or may be delegated to act Operator. For the purpose of § 93.209, in the Administrator’s stead. any person operating an approved quar- Animal and Plant Health Inspection antine facility. Service. The Animal and Plant Health Performing or theatrical poultry. Poul- Inspection Service of the United States try which are to be used in shows, the- Department of Agriculture (APHIS or atrical acts or performances only. Service). Animals. Cattle, sheep, goats, other 1 The name of recognized slaughtering es- ruminants, swine, horses, asses, mules, tablishments approved under this part may zebras, dogs, and poultry. be obtained from the Area Veterinarian in Commercial poultry. Chickens, doves, Charge, Veterinary Services, for the State of ducks, geese, grouse, guinea fowl, par- destination of the shipment.

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Port veterinarian. A veterinarian em- istrator may upon request in specific ployed by the Animal and Plant Health cases permit poultry or products to be Inspection Service to perform duties brought into or through the United required under this part at a port of States under such conditions as he or entry. she may prescribe, when he or she de- Poultry. Chickens, doves, ducks, termines in the specific case that such geese, grouse, guinea fowl, partridges, action will not endanger the livestock pea fowl, pheasants, pigeons, quail, or poultry of the United States. Unless swans, and turkeys (including eggs for otherwise indicated in the regulations, hatching). no live poultry, and no hatching eggs Quarantine facility. A USDA facility, from poultry, shall be imported into or a private facility approved by the United States if the poultry have APHIS, for the secure housing of im- originated from a region referenced in ported birds, poultry, or other animals § 94.6(a) of this subchapter where highly for specified periods. pathogenic avian influenza or New- Region. Any defined geographic land castle disease is known to exist in com- area identifiable by geological, polit- mercial poultry populations, have ical, or surveyed boundaries. A region transited highly pathogenic avian may consist of any of the following: influenza- or Newcastle disease-af- (1) A national entity (country); fected regions, or have been vaccinated (2) Part of a national entity (zone, for the H5 or H7 subtype of avian influ- county, department, municipality, par- enza. ish, Province, State, etc.) (b) The provisions in this part 93 re- (3) Parts of several national entities lating to poultry shall not apply to combined into an area; or healthy poultry not known to be in- (4) A group of national entities (coun- fected with or exposed, within the 90 tries) combined into a single area. days preceding the date of export from Swine. The domestic hog and all vari- the region of origin, to communicable eties of wild hogs. diseases of poultry, if an import per- United States. All of the States of the mit 3 has been obtained under § 93.204 of United States, the District of Colum- this chapter and all conditions therein bia, Guam, Northern Mariana Islands, are observed; and if such poultry are Puerto Rico, the Virgin Islands of the handled as follows: United States, and all other Territories (1)(i) They are maintained under con- and Possessions of the United States. tinuous confinement in transit through Veterinary services. The Veterinary the United States aboard an aircraft, Services unit of the Department. ocean vessel, or other means of conveyance; or [55 FR 31495, Aug. 2, 1990. Redesignated and (ii) Except for poultry in transit amended at 62 FR 56012, 56015, Oct. 28, 1997; 79 through Anchorage, Alaska, under FR 71005, Dec. 1, 2014] § 93.204(c) of this part, which are not al- § 93.201 General prohibitions; excep- lowed to be unloaded, they are un- tions. loaded, in the course of such transit, into an animal or bird holding facility (a) No poultry or product subject to which is provided by the carrier or its the provisions of this part shall be agent and has been approved 4 in ad- brought into the United States except vance by the Administrator in accord- in accordance with the regulations in ance with paragraph (b)(3) of this sec- this part and part 94 of this sub- tion as adequate to prevent the spread chapter; 2 nor shall any such poultry or within the United States of any live- product be handled or moved after stock or poultry disease, and they are physical entry into the United States before final release from quarantine or any other form of governmental deten- 3 Such permit may be obtained from the tion except in compliance with such Animal and Plant Health Inspection Service, Veterinary Services, National Center for Im- regulations; Provided, That, the Admin- port-Export, 4700 River Road Unit 38, River- dale, Maryland 20737–1231. Requests for ap- 2 Importations of certain animals from var- proval of such facilities should also be made ious regions are absolutely prohibited under to the Deputy Administrator. part 94 because of specific diseases. 4 See footnote 3 in subpart B.

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maintained there under continuous (c) Performing or theatrical poultry re- confinement until loaded aboard a turning to the United States. (1) Per- means of conveyance for transpor- forming or theatrical poultry of United tation from the United States and are States origin that are returning to the maintained under continuous confine- United States from Canada or Mexico ment aboard such means of conveyance may be imported if: until it leaves the United States; the (i) The poultry are found upon port of import permit will specify any addi- entry veterinary inspection to be free tional conditions necessary to assure of poultry diseases; and that the transit of the poultry through (ii) The poultry are accompanied by a the United States can be made without United States veterinary health certifi- endangering the livestock or poultry of cate issued prior to the departure of the United States, and that Depart- the poultry from the United States and ment inspectors may inspect the poul- the certificate shows the number from try on board such means of conveyance the leg band, tattoo, or microchip af- or in such holding facility to ascertain fixed to the poultry prior to departure; whether the requirements of this para- and graph are met, and dispose of them in (iii) During port of entry veterinary accordance with the Animal Health inspection it is determined that the Protection Act (7 U.S.C. 8301 et seq.) if number from the leg band, tattoo, or such conditions are not met; and microchip on the poultry is the same (2) The carrier or its agent executes as the one listed on the health certifi- and furnishes to the collector of Cus- cate. toms at the first port of arrival a dec- (2) Except for performing or theat- laration stating that the poultry will rical poultry that have been in any re- be retained aboard such means of con- gion where highly pathogenic avian in- veyance or in an approved holding fa- fluenza exists, which are subject to the cility during transshipment as required provisions of paragraph (c)(3) of this by this paragraph. section, performing or theatrical poul- (3) Provisions for the approval of fa- try of United States origin that have cilities required in this paragraph are: been outside the United States in a re- (i) They must be sufficiently isolated gion other than Canada or Mexico may to prevent direct or indirect contact be imported if: with all other animals and birds while (i) The poultry meet the require- in the United States. ments of paragraphs (c)(1)(i) through (ii) They must be so constructed that (iii) of this section; and they provide adequate protection (ii) The poultry are accompanied by against environmental conditions and an import permit issued by APHIS; and can be adequately cleaned, washed and (iii) The owner importing the poultry disinfected. signs and furnishes to the Adminis- (iii) They must provide for disposal of trator the following: animal and bird carcasses, manure, (A) A notarized declaration under bedding, waste and any related ship- oath or affirmation (or a statement ping materials in a manner that will signed by the owner and witnessed by a prevent dissemination of disease. Department inspector) stating that the (iv) They must have provisions for poultry have not been in contact with adequate sources of feed and water and poultry or other birds while out of the for attendants for the care and feeding region (for example, association with of poultry in the facility. other avian species at exhibitions or at (v) They must comply with addi- aviaries); and tional requirements as may be imposed (B) An agreement on VS Form 17–8, by the Administrator if deemed appli- obtainable from a Federal inspector at cable for a particular shipment. the port of entry, stating: (vi) They must also comply with all (1) That the poultry will be main- applicable local, State and Federal retained in confinement in his or her per- quirements for environmental quality sonal possession separate and apart and with the provisions of the Animal from all poultry and other birds for a Welfare Regulations in chapter I of this minimum of 30 days following importa- title, as applicable. tion at the address where the poultry

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are to be held and made available for § 93.202 Inspection of certain aircraft health inspection and testing by De- and other means of conveyance and partment inspectors upon request until shipping containers thereon; un- released at the end of such period by loading, cleaning, and disinfection requirements. such an inspector; and (2) That appropriate Federal officials (a) Inspection: All aircraft and other in the State of destination will be im- means of conveyance (including ship- mediately notified if any signs of dis- ping containers thereon) moving into ease are noted in any of the poultry or the United States from any foreign re- any poultry die during that period. The gion are subject to inspection without a warrant by properly identified and owner importing such poultry must designated inspectors to determine comply with the provisions of the whether they are carrying any animal, aforementioned agreement before the carcass, product or article regulated or poultry may be released from confine- subject to disposal under any law or ment. regulation administered by the Sec- (3) Any performing or theatrical retary of Agriculture for prevention of poultry of United States origin that the introduction or dissemination of have been in any region listed in any communicable animal disease. § 94.6(d) of this subchapter as a region (b) Unloading requirements: Whenever where highly pathogenic avian influ- in the course of any such inspection at enza exists may only be imported any port in the United States the in- through the port of Los Angeles, CA, spector has reason to believe that the Miami, FL, or New York, NY, and only means of conveyance or container is under the following conditions: contaminated with material of animal (i) The poultry meet the require- (including poultry) origin, such as, but ments of paragraphs (c)(1)(i) through not limited to, meat, organs, glands, (iii) of this section; and extracts, secretions, fat, bones, blood, (ii) The poultry are accompanied by lymph, urine, or manure, so as to an import permit issued by APHIS; and present a danger of the spread of any communicable animal disease, the in- (iii) The poultry are quarantined for spector may require the unloading of a minimum of 30 days, and for such the means of conveyance and the longer period as may be required by the emptying of the container if he or she Administrator in any specific case, at a deems it necessary to enable him or quarantine facility maintained by her to determine whether the means of APHIS in accordance with §§ 93.209 and conveyance or container is in fact so 93.210. contaminated. The principal operator (d) The provisions in this part relat- of the means of conveyance and his or ing to poultry shall not be applicable her agent in charge of the means of to performing or theatrical poultry. conveyance shall comply with any such (e) Pigeons, doves, and other requirement under the immediate su- Columbiform species that have origi- pervision of, and in the time and man- nated from or transited regions where ner prescribed by, the inspector. highly pathogenic avian influenza is (c) Cleaning and disinfection: When- considered to exist may be imported ever, upon inspection under this sec- into the United States under permit tion, an inspector determines that a and controlled conditions to approved means of conveyance or shipping con- establishments subject to all applica- tainer is contaminated with material ble requirements in this part. of animal origin so as to present a danger of the spread of any communicable (Approved by the Office of Management and animal disease, he or she shall notify Budget under control number 0579–0245) the principal operator of the means of [55 FR 31495, Aug. 2, 1990. Redesignated and conveyance or his or her agent in amended at 56012, 56015, Oct. 28, 1997; 68 FR charge, of such determination and the 6344, Feb. 7, 2003; 69 FR 25825, May 10, 2004; 76 requirements under this section. The FR 4053, Jan. 24, 2011; 79 FR 71005, Dec. 1, person so notified shall cause the 2014] cleaning and disinfection of such means of conveyance and container

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under the immediate supervision of, sonville, Port Canaveral, St. Peters- and in the time and manner prescribed burg-Clearwater, and Tampa, Florida; by, the inspector. Atlanta, Georgia; Honolulu, Hawaii; (d) For purposes of this section, the Chicago, Illinois; New Orleans, Lou- term ‘‘shipping container’’ means any isiana; Portland, Maine; Baltimore, container of a type specially adapted Maryland; Minneapolis, Minnesota; for use in transporting any article on Great Falls, Montana; Portland, Or- the means of conveyance involved. egon; San Juan, Puerto Rico; Gal- veston and Houston, Texas; and Se- [55 FR 31495, Aug. 2, 1990, as amended at 59 FR 67614, Dec. 30, 1994. Redesignated and attle, Spokane, and Tacoma, Wash- amended at 62 FR 56012, 56015, Oct. 28, 1997; 68 ington. FR 6344, Feb. 7, 2003] (e) Designation of other ports. The Sec- retary of the Treasury has approved § 93.203 Ports designated for the im- the designation as quarantine stations portation of poultry. of the ports specified in this section. In (a) Air and ocean ports. The following special cases other ports may be des- ports have APHIS inspection and quar- ignated as quarantine stations under antine facilities necessary for quar- this section by the Administrator, with antine stations and all poultry shall be the concurrence of the Secretary of the entered into the United States through Treasury. these stations, except as provided in [55 FR 31495, Aug. 2, 1990, as amended at 58 paragraphs (b), (c), (d) and (e) of this FR 37642, July 13, 1993; 60 FR 16045, Mar. 29, section: Los Angeles, California; 1995; 60 FR 25120, May 11, 1995. Redesignated Miami, Florida; and Newburgh, New at 56012, Oct. 28, 1997, as amended at 65 FR York. 38178, June 20, 2000; 67 FR 6370, Feb. 12, 2002; (b) Canadian border ports. The fol- 67 FR 68022, Nov. 8, 2002] lowing land border ports are designated § 93.204 Import permits for poultry as having the necessary inspection fa- and for poultry test specimens for cilities for the entry of poultry from diagnostic purposes; and reserva- Canada: Eastport, Idaho; Houlton and tion fees for space at quarantine fa- Jackman, Maine; Detroit, Port Huron, cilities maintained by APHIS. and Sault Ste. Marie, Michigan; (a) Application for permit; reservation Baudette, Minnesota; Opheim, Ray- required. (1) For poultry and poultry mond, and Sweetgrass, Montana; Alex- test specimens for diagnostic screening andria Bay, Buffalo, and Champlain, purposes, intended for importation New York; Dunseith, Pembina, and from any part of the world, except as Portal, North Dakota; Derby Line and otherwise provided for in §§ 93.204(c), Highgate Springs, Vermont; Oroville 93.214, 93.217, and 93.218, the importer and Sumas, Washington. shall first apply for and obtain from (c) Mexican border ports. The fol- APHIS an import permit. The applica- lowing land border ports are designated tion shall specify the name and address as having the necessary inspection fa- of the importer; the species, breed, cilities for the entry of poultry from number or quantity of poultry or poul- Mexico: Brownsville, Hidalgo, Laredo, try test specimens to be imported; the Eagle Pass, Del Rio, Presidio, and El purpose of the importation; the region Paso, Texas; Douglas, Naco, Nogales, of origin; the name and address of the Sasabe, and San Luis, Arizona; exporter; the port of embarkation in Calexico and San Ysidro, California; the foreign region; the mode of trans- and Antelope Wells, and Columbus, portation, route of travel, and the port New Mexico. of entry in the United States; the pro- (d) Limited ports. The following ports posed date of arrival of the poultry or are designated as having inspection fa- poultry test specimens to be imported; cilities for the entry of poultry and and the name of the person to whom poultry products such as poultry test the poultry or poultry test specimens specimens, or hatching eggs and day will be delivered and the location of old chicks which do not appear to re- the place in the United States to which quire restraint and holding inspection delivery will be made from the port of facilities: Anchorage and Fairbanks, entry. Additional information may be Alaska; San Diego, California; Jack- required in the form of certificates

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concerning specific diseases to which quarantine space until the outstanding the poultry are susceptible, as well as amount is paid. vaccinations or other precautionary (iii) Any reservation fee paid by treatments to which the poultry or check or U.S. money order shall be ap- poultry test specimens have been sub- plied against the expenses incurred for jected. Notice of any such requirement services received by the importer or will be given to the applicant in each importer’s agent in connection with case. the quarantine for which the reserva- (2) An application for permit to im- tion was made. Any part of the reserva- port poultry may also be denied be- tion fee which remains unused after cause of: Communicable disease condi- being applied against the expenses in- tions in the area or region of origin, or curred for services received by the im- in a region where the shipment has porter or the importer’s agent in con- been or will be held or through which nection with the quarantine for which the shipment has been or will be trans- the reservation was made, shall be reported; deficiencies in the regulatory turned to the individual who paid the programs for the control or eradication reservation fee. If the reservation fee is of animal diseases and the unavail- ensured by a letter of credit, the De- ability of veterinary services in the partment will draw against the letter above mentioned regions; the import- of credit unless payment for services er’s failure to provide satisfactory evi- received by the importer or importer’s dence concerning the origin, history, agent in connection with the quar- and health status of the poultry; the antine is otherwise made at least 3 lack of satisfactory information nec- days prior to the expiration date of the essary to determine that the importa- letter of credit. tion will not be likely to transmit any (iv) Any reservation fee shall be for- communicable disease to livestock or feited if the importer or the importer’s poultry of the United States; or any agent fails to present for entry, within other circumstances which the Admin- 24 hours following the designated time istrator believes require such denial to of arrival, the lot of poultry for which prevent the dissemination of any com- the reservation was made: Except that municable disease of livestock or poul- a reservation fee shall not be forfeited try into the United States. if: (3)(i) The importer or importer’s (A) Written notice of cancellation agent shall pay or ensure payment of a from the importer or the importer’s reservation fee for each lot of poultry agent is received by the office of the to be quarantined in a facility main- veterinarian in charge of the quar- tained by USDA. For poultry, the res- antine facility 5 during regular business ervation fee shall be 100 percent of the hours (8:00 a.m. to 4:30 p.m., Monday cost of providing care, feed, and han- through Friday, excluding holidays) no dling during quarantine, as estimated later than 15 days prior to the begin- by the quarantine facility’s veteri- ning of the time of importation as narian in charge. specified in the import permit or as ar- (ii) At the time the importer or the ranged with the veterinarian in charge importer’s agent requests a reservation of the quarantine facility if no import of quarantine space, the importer or permit is required (the 15 day period importer’s agent shall pay the reserva- shall not include Saturdays, Sundays, tion fee by check or U.S. money order or holidays), or or ensure payment of the reservation (B) The Administrator determines fee by an irrevocable letter of credit that services, other than provided by from a commercial bank (the effective carriers, necessary for the importation date on such letter of credit shall run to 30 days after the date the poultry are scheduled to be released from quar- 5 The addresses of USDA quarantine facili- antine); except that anyone who issues ties may be found in telephone directories listing the facilities or by contacting the a check to the Department for a res- Animal and Plant Health Inspection Service, ervation fee which is returned because Veterinary Services, National Center for Im- of insufficient funds shall be denied port-Export, 4700 River Road Unit 38, River- any further request for reservation of a dale, Maryland 20737–1231.

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of the poultry within the requested pe- tion of poultry shall not exceed 30 riod are unavailable because of unfore- days, and for performing or theatrical seen circumstances as determined by poultry shall not exceed 90 days. Poul- the Administrator, (such as the closing try and poultry test specimens for of an airport due to inclement weather which a permit is required by these or the unavailability of the reserved regulations will not be eligible for space due to the extension of another entry if a permit has not been issued; if quarantine). unaccompanied by such a permit; if (v) If the reservation fee was ensured shipment is from any port other than by a letter of credit and the fee is to be the one designated in the permit; if ar- forfeited under paragraph (a)(3)(iv) of rival in the United States is at any this section, the Department will draw port other than the one designated in against the letter of credit unless the the permit; if the poultry or poultry reservation fee is otherwise paid at test specimens offered for entry differ least 3 days prior to the expiration from those described in the permit; or date of the letter of credit. if the poultry or poultry test specimens (vi) When a reservation is cancelled are not handled as outlined in the ap- in accordance with paragraph plication for the permit and as speci- (a)(3)(iv)(A) of this section and the pro- fied in the permit issued. visions of paragraph (a)(3)(iv)(B) of this (c) Notwithstanding any other provi- section do not apply, a $40.00 cancella- sions in this part, importers are not re- tion fee shall be charged. If a reserva- quired to obtain an import permit and tion fee was paid, the cancellation fee shall be deducted from any reservation provide the shipper with an original fee returned to the importer or the im- import permit for each individual ship- porter’s agent. If the reservation fee ment of poultry or pigeons transiting was ensured by a letter of credit, the the port of Anchorage, Alaska, if the Department will draw the amount of following conditions are met: the cancellation fee against the letter (1) The importer applies for and ob- of credit unless the cancellation fee is tains an import permit for multiple otherwise paid at least 3 days prior to shipments of poultry or pigeons the expiration date of the letter of transiting the port of Anchorage, Alas- credit. ka, in accordance with the provisions (b) Permit. Except as provided in of this section and related require- paragraph (c) of this section, when a ments concerning application for the permit is issued, the original and two permit. However, the following infor- copies will be sent to the importer. It mation is not required on the applica- shall be the responsibility of the im- tion: porter to forward the original permit (i) The species, breed, and number of and one copy to the shipper in the re- poultry or pigeons to be imported; gion of origin, and it shall also be the (ii) The individual poultry identifica- responsibility of the importer to insure tion; that the shipper presents the copy of (iii) The region of origin; the permit to the carrier and makes (iv) The name and address of the ex- proper arrangements for the original porter; permit to accompany the shipment to (v) The port of embarkation in the the specified U.S. port of entry for foreign region; presentation to the collector of customs. Poultry and poultry test speci- (vi) The mode of transportation and mens for diagnostic screening purposes the route of travel; for poultry intended for importation (vii) The proposed date of arrival of into the United States for which a per- the poultry or pigeons; and mit has been issued, will be received at (viii) The name and address of the the specified port of entry within the person to whom the poultry or pigeons time prescribed in the permit which will be delivered. shall not exceed 14 days from the first (2) The importer completes a copy of day that the permit is effective for all the import permit obtained under para- permits, except that the time pre- graph (c)(1) of this section for each sep- scribed in permits from the importa- arate shipment of poultry or pigeons

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intended to transit the port of Anchor- vaccinated with a vaccine for the H5 or age, Alaska, by inserting the following H7 subtype of avian influenza. The cer- information on a copy of the permit: tificate shall also state that the poul- (i) The species, breed, and number of try have been kept in the region from poultry or pigeons to be imported; which they are offered for importation (ii) The region of origin; since they were hatched, or for at least (iii) The name and address of the ex- 90 days immediately preceding the date porter; of movement, that the poultry have (iv) The port of embarkation in the not originated from or have been foreign region; moved through a region referenced in (v) The mode of transportation and § 94.6(a) of this subchapter as a region the route of travel; where any form of highly pathogenic (vi) The proposed date of arrival of influenza exists, and that, as far as it the poultry or pigeons; and has been possible to determine, no case (vii) The name and address of the per- of highly pathogenic avian influenza or son to whom the poultry or pigeons Newcastle disease occurred on the will be delivered. premises where such poultry were kept, (3) The importer, not less than 2 or on adjoining premises, during that weeks prior to the anticipated date of 90-day period. The certificate must also arrival of each separate intransit ship- state that the birds were placed into ment of poultry or pigeons at the port new or appropriately sanitized pack- of Anchorage, Alaska, provides the aging materials at the premises from port veterinarian with a copy of the which the birds were to be exported. completed import permit; (2) Live poultry certificates accom- (4) A copy of the completed import panying pigeons, doves, and other permit accompanies each separate Columbiform species that have origi- intransit shipment of poultry or pi- nated from or been moved through re- geons to the port of Anchorage, Alas- gions where highly pathogenic avian ka; influenza is considered to exist must (5) Import permits issued for mul- additionally state that the tiple shipments of poultry or pigeons Columbiform species have been moved transiting the port of Anchorage, Alas- and handled under conditions specified ka, will be valid only during the cal- on the import permit ensuring that endar year in which they are issued. their movement and handling involved [55 FR 31495, Aug. 2, 1990, as amended at 59 no direct or indirect exposure to other FR 67614, Dec. 30, 1994. Redesignated and animals, birds, and poultry. amended at 56012, 56015, Oct. 28, 1997] (b) Hatching eggs. All eggs for hatching offered for importation from any § 93.205 Certificate for live poultry and part of the world shall be accompanied hatching eggs. by a certificate stating that the flock (a) Live poultry. (1) All live poultry, or flocks of origin were found upon in- except eggs for hatching, offered for spection to be free from evidence of importation from any region of the communicable diseases of poultry, the world shall be accompanied by a cer- hatching eggs are from poultry that tificate stating that such poultry and have not been vaccinated with a vac- their flock or flocks of origin were in- cine for the H5 or H7 subtype of avian spected on the premises of origin im- influenza, that during the 90 days prior mediately before the date of movement to movement, the flock or flocks of ori- from such region and that they were gin were not exposed to communicable then found to be free of evidence of diseases of poultry and the premises communicable diseases of poultry. The were not in any area under quarantine, certificate shall also state that, as far and that the hatching eggs and the as it has been possible to determine, flock or flocks of origin have not origi- during the 90 days prior to movement, nated in or been moved through a re- the poultry were not exposed to com- gion referenced in accordance with municable diseases of poultry and the § 94.6(a) of this subchapter as a region premises were not in any area under where any form of highly pathogenic quarantine. The certificate shall also avian influenza exists. The certificate state that the poultry have not been must also state that the hatching eggs

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were placed into new or appropriately disease and not to have been exposed sanitized packaging materials at the thereto within 90 days prior to their premises from which the hatching eggs exportation to the United States shall were to be exported. be admitted subject to the other provi- (c) Nature of certificate. The certifi- sions in this part; all other poultry cate required by this section shall be shall be refused entry. Poultry refused issued by a salaried veterinary officer entry, unless exported within a time of the national government of the re- fixed in each case by the Adminis- gion of origin, or if the articles are ex- trator, and in accordance with other ported from Mexico, may alternatively provisions he or she may require in be issued by a veterinarian accredited each case for their handling shall be by the National Government of Mexico disposed of as the Administrator may and endorsed by a full-time salaried direct. Such portions of the trans- veterinary officer of the National Gov- porting vessel, and of its cargo, which ernment of Mexico, thereby rep- have been exposed to any such poultry resenting that the veterinarian issuing or their emanations shall be dis- the certificate was authorized to do so. infected in such manner as may be considered necessary by the inspector in [76 FR 4053, Jan. 24, 2011, as amended at 78 FR 19083, Mar. 29, 2013; 79 FR 71006, Dec. 1, charge at the port of entry, to prevent 2014] the introduction or spread of livestock or poultry disease, before the cargo is § 93.206 Declaration and other docu- allowed to land. ments for poultry. [55 FR 31495, Aug. 2, 1990. Redesignated and (a) The certificates, declarations, and amended at 56012, 56015, Oct. 28, 1997; 68 FR affidavits required by the regulations 6344, Feb. 7, 2003] in this part shall be presented by the importer or his or her agent to the col- § 93.208 Articles accompanying poul- lector of customs at the port of entry, try. upon arrival of poultry at such port, No litter or manure, fodder or other for the use of the veterinary inspector aliment, nor any equipment such as at the port of entry. boxes, buckets, ropes, chains, blankets, (b) For all poultry offered for impor- or other things used for or about poul- tation, the importer or his or her agent try governed by the regulations this shall first present two copies of a dec- part, shall be landed from any convey- laration which shall list the port of ance except under such restrictions as entry, the name and address of the im- the inspector in charge at the port of porter, the name and address of the entry shall direct. broker, the origin of the poultry, the number, breed, species, and purpose of § 93.209 Quarantine requirements. the importation, the name of the per- (a) Poultry, other than eggs for son to whom the poultry will be deliv- hatching, imported, except as provided ered, and the location of the place to in § 93.216 of this part, shall be quar- which such delivery will be made. antined for not less than 30 days, (c) Any declaration, permit, or other counting from the date of arrival at document for poultry required under the port of entry. During their quar- this subpart may be issued and pre- antine, such poultry shall be subject to sented using a U.S. Government elec- any inspections, disinfections, and tronic information exchange system or tests as may be required by the Admin- other authorized method. istrator, to determine their freedom [55 FR 31495, Aug. 2, 1990, as amended at 81 from communicable diseases of poul- FR 40151, June 21, 2016] try, and their freedom from exposure to such diseases. § 93.207 Inspection at the port of (b) Poultry eggs for hatching im- entry. ported, except from regions designated Inspection shall be made at the port in § 94.6(a) of this subchapter as free of of entry of all poultry imported from Newcastle disease and highly patho- any part of the world except as pro- genic avian influenza, shall be quar- vided in §§ 93.215 and 93.220. All poultry antined from time of arrival at the found to be free from communicable port of entry until hatched and the

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poultry from such eggs shall remain ployee of APHIS for damages which quarantined for not less than 30 days may arise from such services. The Ad- following hatch. During their quar- ministrator may prescribe reasonable antine, such eggs for hatching and rates for the services provided under poultry from such eggs shall be subject this paragraph. When it is found nec- to any inspections, disinfections, and essary to extend the usual minimum tests as may be required by the Admin- quarantine period, the importer, or his istrator, to determine their freedom or her agent, shall be so advised in from communicable diseases of poul- writing and shall pay for such addi- try. tional quarantine and other services [55 FR 31495, Aug. 2, 1990, as amended at 61 required. Payment for all services re- FR 56891, Nov. 5, 1996. Redesignated and ceived by the importer, or his or her amended at 62 FR 56012, 56015, Oct. 28, 1997; 76 agent, in connection with each sepa- FR 4054, Jan. 24, 2011; 78 FR 19083, Mar. 29, rate lot of poultry shall be made by 2013] certified check or U.S. money order § 93.210 Poultry quarantine facilities. prior to release of the poultry. If such payment is not made, the poultry may (a) Privately operated quarantine facili- be sold in accordance with the proce- ties. The importer, or his or her agent, dure described in paragraph (b) of this of poultry subject to quarantine under section, or otherwise disposed of as di- the regulations in this part shall ar- rected by the Administrator. range for acceptable transportation to (b) Quarantine facilities maintained by the privately operated quarantine fa- The importer, or his or her cility and for the care, feed, and han- APHIS. dling of the poultry from the time of agent, of poultry subject to quarantine unloading at the quarantine port to the under the regulations in this part shall time of release from quarantine. Such arrange for acceptable transportation arrangements shall be agreed to in ad- to the quarantine facility, and for the vance by the Administrator. All ex- care, feed, and handling of the poultry penses resulting therefrom or incident from the time they arrive at the quar- thereto shall be the responsibility of antine port to the time of release from the importer; APHIS assumes no re- quarantine. Such arrangements shall sponsibility with respect thereto. The be agreed to in advance by the Admin- quarantine facility must be suitable for istrator. The importer or his or her the quarantine of such poultry and agent shall request in writing such in- must be approved by the Administrator spection and other services as may be prior to the issuance of any import per- required, and shall waive all claim mit. The facilities occupied by poultry against the United States and APHIS should be kept clean and sanitary to or any employee of APHIS, for dam- the satisfaction of the inspector as- ages which may arise from such serv- signed to supervise the quarantine. If ices. All expenses resulting therefrom for any cause the care, feed, or han- or incident thereto shall be the respon- dling of poultry, or the sanitation of sibility of the importer; APHIS as- the facilities, is neglected, in the opin- sumes no responsibility with respect ion of the inspector assigned to super- thereto. The Administrator may pre- vise the quarantine, such services may scribe reasonable rates for the services be furnished by APHIS in the same provided under this paragraph. When it manner as though arrangements had is found necessary to extend the usual been made for such services as provided minimum quarantine period, the im- by paragraph (b) of this section, and/or porter, or his or her agent, shall be so the poultry may be disposed of as the advised in writing and shall pay for Administrator, may direct, including such additional quarantine and other sale in accordance with the procedure services required. Payment for services described in paragraph (b) of this sec- received by the importer, or his or her tion. The importer, or his or her agent, agent, in connection with each sepa- shall request in writing such inspection rate lot of poultry shall be made by and other services as may be required, certified check or U.S. money order and shall waive all claim against the prior to release of the poultry. If such United States and APHIS or any em- payment is not made, the poultry may

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be sold in accordance with the proce- § 93.212 Manure from quarantined dure described in this paragraph or poultry. otherwise disposed of as directed by the No manure shall be removed from the Administrator. When payment is not quarantine premises until the release made and the poultry are to be sold to of the poultry producing same. recover payment for services received, the importer, or his or her agent, will § 93.213 Appearance of disease among be notified by the inspector that if said poultry in quarantine. charges are not immediately paid or If any contagious disease appears satisfactory arrangements made for among poultry during the quarantine payment, the poultry will be sold at period special precautions shall be public sale to pay the expense of care, taken to prevent spread of the infec- feed, and handling during that period. tion to other poultry in the quarantine The sale will be held after the expira- station or to those outside the grounds. tion of the quarantine period, at such The affected poultry shall be disposed time and place as may be designated by of as the Administrator may direct, de- the General Services Administration or pending upon the nature of the disease. other designated selling agent. The proceeds of the sale, after deducting CANADA 6 the charges for care, feed, and handling of the poultry and other expenses, in- § 93.214 Import permit and declaration cluding the expense of the sale, shall be for poultry. held in a Special Deposit Account in (a) For poultry intended for importa- the United States Treasury for 6 tion from Canada, the importer shall months from the date of sale. If not first apply for and obtain from APHIS claimed by the importer, or his or her an import permit as provided in § 93.204: agent, within 6 months from the date Provided, That an import permit is not of sale, the amount so held shall be required for poultry if offered for entry transferred from the Special Deposit at a land border port designated in Account to the General Fund Account § 93.203(b). in the United States Treasury. (b) For all poultry offered for impor- (c) Amounts collected from the im- tation from Canada, the importer or porter, or his or her agent, for service his or her agent shall present two cop- rendered shall be deposited so as to be ies of a declaration as provided in available for defraying the expenses in- § 93.206. volved in this service. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56015, Oct. 28, 1997] § 93.211 Quarantine stations, visiting restricted; sales prohibited. § 93.215 Special provisions. Visitors shall not be admitted to the (a) In-bond shipments from Canada. (1) quarantine enclosure during any time Poultry from Canada transported in- that poultry are in quarantine except bond through the United States for im- that an importer (or his or her accred- mediate export shall be inspected at ited agent or veterinarian) may be ad- the border port of entry and, when ac- mitted to the yards and buildings con- companied by an import permit ob- taining his or her quarantined poultry tained under § 93.204 of this part and all at such intervals as may be deemed conditions therein are observed, shall necessary, and under such conditions be allowed entry into the United States and restrictions as may be imposed, by and shall be otherwise handled as pro- the inspector in charge of the quar- vided in paragraph (b) of § 93.201. Poul- antine station. On the last day of the try not accompanied by a permit shall quarantine period, owners, officers or meet the requirements of this part in registry societies, and others having the same manner as poultry destined official business or whose services may for importation into the United States, be necessary in the removal of the poultry may be admitted upon written 6 Importations from Canada shall be sub- permission from the said inspector. No ject to §§ 93.214 to 93.216, inclusive, in addi- exhibition or sale shall be allowed tion to other sections in this part which are within the quarantine grounds. in terms applicable to such importations.

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except that the Administrator may fied for entry into Canada under the permit their inspection at some other Canadian regulations. point when he or she finds that such (Approved by the Office of Management and action will not increase the risk that Budget under control number 0579–0020) communicable disease of livestock and [55 FR 31495, Aug. 2, 1990, as amended at 59 poultry will be disseminated to the FR 67133, Dec. 29, 1994. Redesignated and livestock or poultry of the United amended at 62 FR 56012, 56015, Oct. 28, 1997; 81 States. FR 40151, June 21, 2016] (2) In-transit shipments through Can- ada. Poultry originating in the United § 93.216 Poultry from Canada. States and transported directly Poultry imported from Canada is not through Canada may re-enter the required to meet the requirements of United States without Canadian health § 93.209 but shall meet all other require- or test certificates when accompanied ments of this part applicable to poultry by copies of the United States export or to animals generally. health certificates properly issued and [55 FR 31495, Aug. 2, 1990. Redesignated and endorsed in accordance with regula- amended at 62 FR 56012, 56015, Oct. 28, 1997] tions in part 91 of this chapter: Pro- CENTRAL AMERICA AND THE WEST vided, That, to qualify for entry, the INDIES 7 date, time, port of entry, and signature of the Canadian Port Veterinarian that § 93.217 Import permit and declaration inspected the poultry for entry into for poultry. Canada shall be recorded on the United (a) For poultry intended for importa- States health certificate, or a docu- tion from regions of Central America ment containing the information shall or of the West Indies, the importer be included with the certificate that shall first apply for and obtain from accompanies the poultry. In all cases it APHIS an import permit as provided in shall be determined by the veterinary § 93.204: Provided, That the Adminis- inspector at the United States port of trator, when he or she finds that such entry that the poultry are the identical action may be taken without endan- poultry covered by said certificate. gering the livestock or poultry indus- (b) Exhibition poultry. Poultry from try of the United States, may, upon re- the United States which have been ex- quest by any person, authorize the im- hibited at the Royal Agricultural Win- portation by such person, without such ter Fair at Toronto or other publicly application or permit, from the British recognized expositions in Canada, in- Virgin Islands into the Virgin Islands cluding racing, rodeo, circus, or stage of the United States, of poultry con- exhibitions in Canada, and have not signed for immediate slaughter, and such authorization may be limited to a been in that region for more than 90 particular shipment or extend to all days are eligible for return to the shipments under this paragraph by United States without Canadian health such person during a specified period of or test certificates, if they are accom- time. panied by copies of the United States (b) For all poultry offered for impor- health certificate, issued and endorsed tation from regions of Central America in accordance with the export regula- or of the West Indies, the importer or tions contained in part 91 of this chap- his or her agent shall present two cop- ter for entry into Canada: Provided, ies of a declaration as provided in That all poultry offered for re-entry § 93.206. upon examination by the veterinary in- (c) All poultry offered for importa- spector at the U.S. port of entry, are tion from regions of Central America found by the inspector to be free of and the West Indies shall also meet the communicable diseases and exposure thereto and are determined to be the 7 Importations from regions of Central identical poultry covered by said cer- America and the West Indies shall be subject tificates or that they otherwise quali- to § 93.217, in addition to other sections in this part, which are in terms applicable to such importations.

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additional requirements in §§ 93.205, to a communicable disease, or infested 93.207, 93.209, and 93.210 to qualify for with fever ticks, shall be refused entry. entry. All poultry which fail to meet Poultry refused entry, unless exported these requirements shall be rejected within a time fixed in each case by the entry and shall be disposed of as di- Administrator, shall be disposed of as rected by the Administrator in accord- said Administrator may direct. ance with applicable laws. (b) Poultry covered by paragraph (a) of this section shall be imported [55 FR 31495, Aug. 2, 1990. Redesignated and through ports designated in § 93.203. amended at 62 FR 56012, 56015, Oct. 28, 1997] [55 FR 31495, Aug. 2, 1990, as amended at 57 MEXICO 8 FR 12190, Apr. 9, 1992. Redesignated and amended at 62 FR 56012, 56016, Oct. 28, 1997] § 93.218 Import permits and applications for inspection for poultry. Subpart C—Horses (a) For poultry intended for importation from Mexico, the importer shall § 93.300 Definitions. first apply for and obtain from APHIS Wherever in this subpart the fol- an import permit as provided in § 93.204. lowing terms are used, unless the con- (b) For poultry intended for importa- text otherwise requires, they shall be tion into the United States from Mex- construed, respectively, to mean: ico, the importer or his or her agent Accredited veterinarian. A veteri- shall deliver to the veterinary inspec- narian approved by the Administrator tor at the port of entry an application, in accordance with the provisions of in writing, for inspection, so that the part 161 of this title to perform func- veterinary inspector and customs rep- tions specified in parts 1, 2, 3, and 11 of resentatives may make mutually satis- subchapter A, and subchapters B, C, factory arrangements for the orderly and D of this chapter, and to perform inspection of the poultry. functions required by cooperative [55 FR 31495, Aug. 2, 1990. Redesignated and State-Federal disease control and amended at 62 FR 56012, 56016, Oct. 28, 1997] eradication programs. Administrator. The Administrator of § 93.219 Declaration for poultry. the Animal and Plant Health Inspec- For all poultry offered for importation Service or any other employee of tion from Mexico, the importer or his the Animal and Plant Health Inspec- or her agent shall present two copies of tion Service, United States Depart- ment of Agriculture, to whom author- a declaration as provided in § 93.206. ity has been or may be delegated to act [55 FR 31495, Aug. 2, 1990. Redesignated and in the Administrator’s stead. amended at 62 FR 56012, 56016, Oct. 28, 1997] Animals. Cattle, sheep, goats, other ruminants, swine, horses, asses, mules, § 93.220 Inspection at port of entry. zebras, dogs, and poultry. (a) All poultry offered for entry from Animal and Plant Health Inspection Mexico, including such poultry in- Service. The Animal and Plant Health tended for movement through the Inspection Service of the United States United States in bond for immediate Department of Agriculture (APHIS or return to Mexico, shall be inspected at Service). the port of entry, and all such poultry APHIS representative. A veterinarian found to be free from communicable or other individual employed by the disease and fever tick infestation and Animal and Plant Health Inspection not to have been exposed thereto, shall Service, United States Department of be admitted into the United States Agriculture, who is authorized to per- subject to the other applicable provi- form the services required by this part. sions of this part. Poultry found to be Code of practice. A voluntary system affected with or to have been exposed of procedures designed to reduce disease spread, that is established by the 8 Importations from Mexico shall be sub- veterinarians and horse industry in a ject to §§ 93.218 to 93.220 inclusive, in addition region and that includes procedures for to other sections in this part which are in the following: Testing for and treat- terms applicable for such importations. ment of the diseases, quarantine of

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horses that are affected with or are services provided by a temporary, pri- suspected of being affected with the vately owned quarantine facility or a disease, certification of whether horses permanent, privately owned quarantine have been affected with or exposed to facility. the disease, and hygiene for personnel Permanent, privately owned quarantine conducting treatments and specimen facility. A facility that offers quar- collections. antine services for horses to the gen- Communicable disease. Any con- eral public on a continuing basis and tagious, infectious, or communicable that is owned and operated by an enti- disease of domestic livestock, poultry ty other than the Federal Government or other animals. (also permanent facility). Department. The United States De- Persons. Any individual, corporation, partment of Agriculture (USDA). company, association, firm, partner- Fever tick. Boophilus annulatus, in- ship, society or joint stock company. cluding, but not limited to, the vari- Port Veterinarian. A veterinarian em- eties Americana and Australia. ployed by the Animal and Plant Health Horses. Horses, asses, mules, and ze- Inspection Service to perform duties bras. required under this part at a port of Immediate slaughter. Consignment di- entry. rectly from the port of entry to a rec- Quarantine area. That area in a per- ognized slaughtering establishment 1 manent, privately owned quarantine and slaughter thereat within two facility that comprises all of the lot- weeks from the date of entry. holding areas in the facility, and any Inspector. An employee of the Animal other areas in the facility that horses and Plant Health Inspection Service have access to, including loading docks authorized to perform duties required for receiving and releasing horses, and under this subpart. any areas used to conduct examina- Licensed Veterinarian. Any person li- tions of horses and take samples and censed by any country or political sub- where samples are processed or exam- division thereof to practice veterinary ined. medicine. Recognized slaughtering establishment. 2 Lot. A group of horses that, while An establishment where slaughtering held on a premises or conveyance, have operations are regularly carried on had opportunity for physical contact under federal or state inspection and with other horses in the group or with which has been approved by the Animal their excrement or discharges at any and Plant Health Inspection Service to time during their shipment to the receive animals for slaughter under United States. this part. Lot-holding area. That area in a per- Region. Any defined geographic land manent, privately owned quarantine area identifiable by geological, polit- facility in which a single lot of horses ical, or surveyed boundaries. A region is held at one time. may consist of any of the following: Nonquarantine area. That area in a (1) A national entity (country); permanent, privately owned quarantine (2) Part of a national entity (zone, facility that includes offices, storage county, department, municipality, par- areas, and other areas outside the ish, Province, State, etc.) quarantine area, and that is off limits (3) Parts of several national entities to horses, samples taken from horses, combined into an area; or and any other objects or substances (4) A group of national entities (coun- that have been in the quarantine area tries) combined into a single area. during the quarantine of horses. State animal health official. The State Operator. A person other than the official responsible for livestock and Federal Government who owns or man- ages and has responsibility for the poultry disease control and eradication programs. Temporary, privately owned quarantine 1 The name of recognized slaughtering es- facility. A facility that offers quar- tablishments approved under this part may be obtained from the Area Veterinarian in antine services for horses imported for Charge, Veterinary Services, for the State of destination of the shipment. 2 See footnote 1 to subpart C.

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a specific event and that is owned and the livestock or poultry of the United operated by an entity other than the States. Federal Government (also temporary (b) The provisions in this part 93 re- facility). lating to horses shall not apply to United States. All of the States of the healthy horses in transit through the United States, the District of Colum- United States if they are not known to bia, Guam, Northern Mariana Islands, be infected with or exposed, within 60 Puerto Rico, the Virgin Islands of the days preceding the date of export from United States, and all other Territories the region of origin, to communicable and Possessions of the United States. diseases of horses if an import permit 4 Veterinarian in Charge. The veteri- has been obtained under § 93.304 of this nary official of the Animal and Plant chapter and all conditions therein are Health Inspection Service, United observed; and if such horses are handled as follows: States Department of Agriculture, who (1)(i) They are maintained under con- is assigned by the Administrator to su- tinuous confinement in transit through pervise and perform the official animal the United States aboard an aircraft, health work of the Animal and Plant ocean vessel, or other means of convey- Health Inspection Service in the State ance; or concerned. (ii) They are unloaded, in the course Veterinary Services. The Veterinary of such transit, into a horse holding fa- Services unit of the Department. cility which is provided by the carrier Weanling or yearling. Any horse, or its agent and has been approved 5 in weaned from its dam, that was foaled advance by the Administrator in ac- not more than 731 days prior to its cordance with paragraph (b)(3) of this being offered for entry into the United section as adequate to prevent the States. A horse will not be considered spread within the United States of any to be a weanling or yearling if its first livestock or poultry disease, and they permanent incisors have erupted. are maintained there under continuous confinement until loaded aboard a [55 FR 31495, Aug. 2, 1990, as amended at 56 means of conveyance for transpor- FR 15489, Apr. 17, 1991; 61 FR 52239, Oct. 7, 1996. Redesignated and amended at 62 FR tation from the United States and are 56012, 56016, Oct. 28, 1997; 74 FR 31595, July 2, maintained under continuous confine- 2009] ment aboard such means of conveyance until it leaves the United States; the § 93.301 General prohibitions; excep- import permit will specify any additions. tional conditions necessary to assure (a) No horse or product subject to the that the transit of the horses through provisions of this part shall be brought the United States can be made without into the United States except in ac- endangering the livestock or poultry of cordance with the regulations in this the United States, and that Depart- part and part 94 of this subchapter; 3 ment inspectors may inspect the horses nor shall any such horse or product be on board such means of conveyance or handled or moved after physical entry in such holding facility to ascertain into the United States before final re- whether the requirements of this para- lease from quarantine or any other graph are met, and dispose of them in form of governmental detention except accordance with the Animal Health Protection Act (7 U.S.C. 8301 ) if in compliance with such regulations; et seq. such conditions are not met; and Provided, That, the Administrator may (2) The carrier or its agent executes upon request in specific cases permit and furnishes to the collector of Cus- horses to be brought into or through toms at the first port of arrival a dec- the United States under such condi- laration stating that the horses will be tions as he or she may prescribe, when he or she determines in the specific case that such action will not endanger 4 Such permit may be obtained from the Animal and Plant Health Inspection Service, Veterinary Services, National Center for Im- 3 Importations of certain animals from var- port-Export, 4700 River Road Unit 38, River- ious regions are absolutely prohibited under dale, Maryland 20737–1231. part 94 because of specific diseases. 5 See footnote 4 to subpart C.

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retained aboard such means of convey- Veterinary Services, Animal and Plant ance or in an approved holding facility Health Inspection Service, 4700 River during transshipment as required by Road Unit 38, Riverdale, Maryland this paragraph. 20737. (3) Provisions for the approval of fa- (ii) APHIS will add a region to the cilities required in this paragraph are: list upon determining that the disease (i) They must be sufficiently isolated exists in the region based on reports to prevent direct or indirect contact APHIS receives of outbreaks of the dis- with all other animals and birds while ease from veterinary officials of the ex- in the United States. porting country, from the World Orga- (ii) They must be so constructed that nization for Animal Health (OIE), or they provide adequate protection from other sources the Administrator against environmental conditions and determines to be reliable, or upon de- can be adequately cleaned, washed and termining that the region trades horses disinfected. freely with a region in which CEM ex- (iii) They must provide for disposal of ists without testing for CEM. APHIS horse carcasses, manure, bedding, will remove a region from the list after waste and any related shipping mate- conducting an evaluation of the region rials in a manner that will prevent dis- in accordance with § 92.2 of this sub- semination of disease. chapter and finding that the disease is (iv) They must have provisions for not present in the region. In the case of adequate sources of feed and water and a region formerly not on this list that for attendants for the care and feeding is added due to an outbreak, the region of horses in the facility. may be removed from the list in ac- (v) They must comply with addi- cordance with the procedures for rees- tional requirements as may be imposed tablishment of a region’s disease-free by the Administrator if deemed appli- status in § 92.4 of this subchapter. cable for a particular shipment. (2) Exceptions. The provisions of para- (vi) They must also comply with all graph (c)(1) of this section shall not applicable local, State and Federal re- apply to the following: quirements for environmental quality (i) Wild (non-domesticated) species of and with the provisions of the Animal equidae if captured in the wild or im- Welfare Regulations in chapter I of this ported from a zoo or other facility title, as applicable. where it would be unlikely that the (c) Specific prohibitions regarding con- animal would come in contact with do- tagious equine metritis; exceptions—(1) mesticated horses used for breeding; Importation prohibited. Except as provided in paragraph (c)(2) of this sec- (ii) Geldings; tion, notwithstanding the other provi- (iii) Weanlings or yearlings that have sions of this part concerning the im- never been used for breeding, and portation of horses into the United whose age and breeding status are cer- States, the importation of all horses tified on the import health certificate from any region that APHIS considers required under § 93.314(a); to be affected with contagious equine (iv) Horses imported in accordance metritis (CEM) and the importation of with conditions prescribed by the Ad- all horses that have been in any such ministrator as provided in § 93.301(a); region within the 12 months imme- (v) Spanish Pure Breed horses im- diately preceding their being offered ported for permanent entry from Spain for entry into the United States is pro- or thoroughbred horses imported for hibited. permanent entry from France, Ger- (i) A list of regions that APHIS con- many, Ireland, or the United Kingdom siders to be affected with CEM is main- if the horses meet the requirements of tained on the APHIS Web site at http:// paragraph (d) of this section; www.aphis.usda.gov/import lexport/ani- (vi) Stallions or mares over 731 days mals/animall diseaselstatus.shtml. Cop- of age imported for permanent entry if ies of the list will also be available via the horses meet the requirements of postal mail, fax, or email upon request paragraph (e) of this section; to the Sanitary Trade Issues Team, Na- (vii) Horses over 731 days of age im- tional Center for Import and Export, ported into the United States for no

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more than 90 days to compete in speci- current, true, and factual for the fol- fied events if the horses meet the re- lowing information: quirements of paragraph (f)(1) of this (1) Identification of the horse by section; name, sex, age, breed, and all identi- (viii) Horses over 731 days of age im- fying marks; ported into the United States for non- (2) Identification of all premises competitive public exhibition and en- where the horse has been since reach- tertainment purposes if the horses ing 731 days of age and the dates that meet the requirements of paragraph the horse was at such premises; (f)(2) of this section; and (3) For thoroughbred horses, that (ix) Horses temporarily exported none of the premises where the horse from the United States or from another has been since reaching 731 days of age region not known to be affected with are breeding premises; and CEM to a region listed under paragraph (4) For Spanish Pure Breed horses from Spain, that since reaching 731 (c)(1) of this section within the 12 days of age: months immediately preceding their (i) The horse has never been on a being offered for entry into the United premises that is exclusively a breeding States if the horses meet the require- premises; ments of paragraph (g) of this section. (ii) The horse has never been bred; (d) Spanish Pure Breed horses from (iii) Breeding of the horse has never Spain and thoroughbred horses from been attempted; and France, Germany, Ireland, and the United (iv) The horse has never been com- Kingdom. (1) Spanish Pure Breed horses mingled and left unattended with adult from Spain and thoroughbred horses horses of the opposite sex; from France, Germany, Ireland, and (C) He or she has compared the the United Kingdom may be imported records maintained by the approved for permanent entry if the horses meet breed association with the records kept the following requirements: by the trainer and has found the infor- (i) Each horse is accompanied at the mation in those two sets of records to time of importation by an import per- be consistent and current; mit in accordance with § 93.304; (D) For Spanish Pure Breed horses (ii) Each horse is accompanied at the and thoroughbred horses over 731 days time of importation by an import of age, cultures negative for CEM were health certificate issued in accordance obtained from three sets of specimens with § 93.314(a). In addition to the infor- collected within a 12-day period from mation required by § 93.314(a), the vet- the mucosal surfaces of the clitoral erinarian signing and issuing the cer- fossa and the clitoral sinuses, with one tificate must certify that: set of specimens including a specimen (A) He or she has examined the daily from the surfaces of the distal cervix or records of the horse’s activities main- endometrium, of any female horses and tained by the trainer and certified to from the surfaces of the prepuce, the be current, true, and factual by the urethral sinus, the distal urethra, and veterinarian in charge of the training the fossa glandis, including the diver- or racing stable; ticulum of the fossa glandis, of any (B) He or she has examined the male horses. For both male and female records of the horse’s activities main- horses, the sets of specimens must be tained by a breed association specifi- taken within a 12-day period with no less than 72 hours between each set, cally approved by the Department 6 and certified by the breed association to be and the last of these sets of specimens must be collected within 30 days prior to exportation. All specimens required 6 The following breed associations and their by this paragraph must be collected by record systems have been approved by the a licensed veterinarian who either is, Department: Asociacion National de or is acting in the presence of, the vet- Criadores de Caballos de Pura Raza Espanola for Spain; Weatherby’s Ltd. for the United erinarian signing the certificate; and Kingdom and Ireland; Haras du Pain for (E) All specimens required by para- France; and Direktorium fu¨ r Vollblutzucht graph (d)(1)(ii)(D) of this section were und Rennen e.v. for Germany. received within 48 hours of collection

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by a laboratory approved to culture for health certificate issued in accordance CEM by the national veterinary service with § 93.314(a); of the region of export and were accom- (iii) A set of specimens must be col- panied by a statement indicating the lected from each horse within 30 days date and time of their collection. prior to the date of export by a licensed (2) If any specimen collected in ac- veterinarian who either is, or is acting cordance with paragraph (d)(1)(ii)(D) of in the presence of, the veterinarian this section is found to be positive for signing the certificate. For stallions, CEM, the horse must be treated for the set of specimens consists of one CEM in a manner approved by the na- culture swab from each location shall tional veterinary service of the region be taken from the prepuce, the of export. After the treatment is com- urethral sinus, the distal urethra, and pleted, at least 21 days must pass be- the fossa glandis, including the diver- fore the horse will be eligible to be ticulum of the fossa glandis; for mares, tested again in accordance with para- the specimens must be collected from graph (d)(1)(ii)(D) of this section. All the mucosal surfaces of the clitoral treatments performed, and the dates of fossa, clitoral sinuses, and the distal the treatments, must be recorded on cervix or endometrium in nonpregnant the health certificate. mares. All of the specimens collected (3) Spanish Pure Breed horses and must be cultured for CEM with nega- thoroughbred horses imported under tive results in a laboratory approved to paragraph (d)(1) of this section may be culture for CEM by the national veteri- released upon completion of the Fed- nary service of the region of origin; eral quarantine required under § 93.308. (iv) The horses described on the cer- Spanish Pure Breed horses and thor- tificate must not have been used for oughbred horses found positive for natural breeding, for the collection of CEM that have been treated and re- semen for artificial insemination in tested as provided in paragraph (d)(2) of the case of stallions, or for artificial this section shall, upon completion of insemination in the case of mares, the Federal quarantine required under from the time the specimens were col- § 93.308, be consigned to an approved lected through the date of export; State listed under paragraph (h)(6) or (h)(7) of this section, where they shall (v) All specimens required by para- be quarantined under State or Federal graph (e)(1)(iii) of this section must be supervision until the stallions have received within 48 hours of collection met the testing and treatment require- by a laboratory approved to culture for ments of paragraph (e)(3) of this sec- CEM by the national veterinary service tion and the mares have met the test- of the region of export and must be ac- ing and treatment requirements of companied by a statement indicating paragraph (e)(5) of this section. the date and time of their collection; (e) Stallions and mares over 731 days of and age from CEM-affected regions. (1) Stal- (vi) If any specimen collected in ac- lions or mares over 731 days of age may cordance with paragraph (e)(1)(iii) of be imported for permanent entry from this section is found to be positive for a region listed under paragraph (c)(1) of CEM, the stallion or mare must be this section if the horses meet the fol- treated for CEM in a manner approved lowing requirements: by the national veterinary service of (i) Each horse is accompanied at the the region of export. After the treat- time of importation by an import per- ment is completed, at least 21 days mit issued in accordance with § 93.304. must pass before the horse will be eligi- The import permit must indicate that, ble to be tested again in accordance after completion of the Federal quar- with paragraph (e)(1)(ii) of this section. antine required in § 93.308, the stallion All treatments performed, and the or mare will be consigned to a State dates of the treatments, must be re- that the Administrator has approved to corded on the health certificate. receive such horses in accordance with (2) Post-entry. (i) Stallions and mares paragraph (h) of this section; imported under paragraph (e)(1) of this (ii) The horses are accompanied at section must complete the Federal the time of importation by an import quarantine required under § 93.308.

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Upon completion of the Federal quar- fective against the CEM organism. 7 antine, stallions must be sent to an ap- The treatment shall be performed by proved State listed under paragraph an accredited veterinarian and mon- (h)(6) of this section, and mares must itored by a State or Federal veteri- be sent to an approved State listed narian. under paragraph (h)(7) of this section. (B) Each mare to which the stallion (ii) Once in the approved State, the has been test bred shall be cultured for stallions or mares shall be quarantined CEM from three sets of specimens from under State or Federal supervision the mucosal surfaces of the clitoral until the stallions have met the testing fossa and clitoral sinuses, with one set and treatment requirements of para- of specimens including a specimen graph (e)(3) of this section and the from either the distal cervix or endo- mares have met the testing and treat- metrium, between the third and four- ment requirements of paragraph (e)(5) teenth day after breeding, with nega- of this section. tive results. The sets of specimens (iii) All tests and cultures required must be collected on three separate oc- by paragraphs (e)(3) through (e)(5) of casions within a 12-day period with no this section shall be conducted at the less than 72 hours between each set. A National Veterinary Services Labora- complement fixation test for CEM tories, Ames, IA, or at a laboratory ap- must be done with negative results be- proved by the Administrator in accord- tween the twenty-first and twenty- ance with § 71.22 of this chapter to con- eighth day after the breeding. duct CEM cultures and tests. (ii) If any culture or test required by (iv) To be eligible for CEM culture or this paragraph is positive for CEM, the testing, all specimens collected in ac- stallion shall be treated as described in cordance with paragraphs (e)(3) paragraph (e)(3)(i)(A) of this section through (e)(5) of this section must be and retested by being test bred to two received by the National Veterinary mares no less than 21 days after the Services Laboratories or the approved last day of treatment. laboratory within 48 hours of collection (iii) A stallion may be released from and must be accompanied by a state- State quarantine only if all cultures ment indicating the date and time of and tests of specimens from the mares their collection. used for test breeding are negative for (3) Testing and treatment requirements CEM and all cultures performed on for stallions. (i) Once the stallion is in specimens taken from the stallion are the approved State, one specimen each negative for CEM. shall be taken from the prepuce, the (4) Requirements for test mares. (i) urethral sinus, the distal urethra, and Mares to be used to test stallions for the fossa glandis, including the diver- CEM shall be permanently identified ticulum of the fossa glandis, of the before the mares are used for such test- stallion and be cultured for CEM. After ing with the letter ‘‘T.’’ The marking negative results have been obtained, shall be permanently applied by an in- the stallion must be test bred to two spector, a State inspector, or an ac- test mares that meet the requirements credited veterinarian who shall use a of paragraph (e)(4) of this section. Upon hot iron, freezemarking, or a lip tat- completion of the test breeding: too. If a hot iron or freezemarking is used, the marking shall not be less (A) The stallion must be treated for 5 than 2 inches (5.08 cm) high and shall consecutive days by thoroughly clean- be applied to the left shoulder or left ing and washing (scrubbing) its pre- side of the neck of the mare. If a lip puce, penis, including the fossa glandis, tattoo is used, the marking shall not and urethral sinus while the stallion is be less than 1 inch (2.54 cm) high and in full erection with a solution of not less than 2 percent surgical scrub chlorhexidine and then thoroughly 7 A list of ointments effective against the coating (packing) the stallion’s pre- CEM organism may be obtained from the Na- tional Center for Import and Export, Import/ puce, penis, including the fossa glandis, Export Animals, VS, APHIS, 4700 River Road and urethral sinus with an ointment ef- Unit 39, Riverdale, MD 20737–1231.

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0.75 inch (1.9 cm) wide and shall be ap- of this chapter to conduct CEM cul- plied to the inside surface of the upper tures and tests. lip of the test mare. (ii) After the three sets of specimens (ii) The test mares must be qualified required by paragraph (e)(5)(i) of this prior to breeding as apparently free section have been collected, an accred- from CEM and may not be used for ited veterinarian shall manually re- breeding from the time specimens are move organic debris from the sinuses of taken to qualify the mares as free from each mare and then flush the sinuses CEM. To qualify, each mare shall be with a cerumalytic agent. 8 tested with negative results by a com- (iii) For 5 consecutive days after the plement fixation test for CEM, and sinuses have been cleaned, an accred- specimens taken from each mare shall ited veterinarian shall aseptically be cultured negative for CEM. Sets of clean and wash (scrub) the external specimens shall be collected on three genitalia and vaginal vestibule, includ- separate occasions from the mucosal ing the clitoral fossa, with a solution surfaces of the clitoral fossa and the of not less than 2 percent chlorhexidine clitoral sinuses, with one set of speci- in a detergent base and then fill the mens including a specimen from either clitoral fossa and sinuses, and coat the the distal cervix or endometrium, with- external genitalia and vaginal vesti- in a 12-day period with no less than 72 bule with an antibiotic ointment effec- hours between each set. tive against the CEM organism. 9 (iii) A test mare that has been used (iv) A mare may be released from to test stallions for CEM may be re- State quarantine only if all cultures leased from quarantine only if: performed on specimens taken from (A) The test mare is found negative the mare are negative for CEM. for CEM on all cultures and tests re- (v) If any culture required by this quired under paragraph (e)(3)(ii) of this paragraph is positive for CEM, the section; or mare shall be treated as described in (B) The test mare is subjected to an paragraphs (e)(5)(ii) and (e)(5)(iii) of ovariectomy by an accredited veteri- this section. No less than 21 days after narian under the direct supervision of a the last day of treatment, the mare State or Federal veterinarian; or shall be tested again in accordance (C) The test mare is treated and han- with paragraph (e)(5)(i) of this section. dled in accordance with paragraph If all specimens are negative for CEM, (e)(5) of this section; or the mare may be released from quar- (D) The test mare is moved directly antine. to slaughter without unloading en (f) Special provisions for temporary im- route, is euthanized, or dies. portation for competition or entertainment (5) Testing and treatment requirements purposes. (1) Horses over 731 days of age for mares. (i) Once the mare is in the may be imported into the United approved State, a complement fixation States for no more than 90 days to test for CEM must be done, and three compete in specified events provided sets of specimens shall be collected that the conditions in paragraphs (f)(3) from the mucosal surfaces of the clit- through (f)(12) of this section are met. oral fossa and clitoral sinuses, with one (2) Horses over 731 days of age may be set of specimens including a specimen temporarily imported into the United from the surfaces of the distal cervix or States solely for noncompetitive public endometrium in nonpregnant mares. exhibition and entertainment purposes The sets of specimens must be collected on three separate occasions 8 Recommended protocols for the flushing within a 12-day period with no less of sinuses may be obtained from the Na- than 72 hours between each set. An ac- tional Center for Import and Export, Import/ credited veterinarian shall collect Export Animals, VS, APHIS, 4700 River Road specimens and shall submit each set of Unit 39, Riverdale, MD 20737–1231. 9 A list of ointments effective against the specimens to the National Veterinary CEM organism may be obtained from the Na- Services Laboratories in Ames, IA, or tional Center for Import and Export, Import/ to a laboratory approved by the Ad- Export Animals, VS, APHIS, 4700 River Road ministrator in accordance with § 71.22 Unit 39, Riverdale, MD 20737–1231.

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provided that the conditions in para- (A) Must not be entered in competi- graphs (f)(3) through (f)(12) of this sections. tion are met. (B) Must be regularly used in per- (3) At the time of importation, each formances or exhibitions, unless sick horse must be accompanied by an im- or injured. A horse that is no longer port permit in accordance with § 93.304 performing or being exhibited must be and a health certificate issued in ac- exported or made eligible for perma- cordance with § 93.314. For horses im- nent entry in accordance with para- ported in accordance with paragraph graph (f)(9) of this section. (f)(2) of this section, the health certifi- (C) Must be kept with the other cate must also certify that cultures horses listed on the import permit, un- negative for CEM were obtained from less otherwise approved by an APHIS three sets of specimens collected from representative. the mucosal surfaces of the clitoral (ii) Except as provided in paragraph fossa and clitoral sinuses, with one set (f)(5)(viii) of this section, the horse of specimens including a specimen must be moved according to the from the surfaces of the distal cervix or itinerary and methods of transport endometrium, of any female horses and specified in the import permit provided from the surfaces of the prepuce, the for in § 93.304. urethral sinus, the distal urethra, and (iii) The horse must be monitored by the fossa glandis, including the diver- an accredited veterinarian or APHIS ticulum of the fossa glandis, of any representative to ensure that the pro- male horses. For both female and male visions of paragraphs (f)(5)(ii), (f)(5)(vi), horses, the sets of specimens must be and (f)(5)(vii) of this section are met. If collected on three separate occasions the monitoring is performed by an ac- within a 12-day period with no less credited veterinarian, the Veterinarian than 72 hours between each set, and the in Charge will ensure that the accred- last of these sets of specimens must be ited veterinarian is familiar with the collected within 30 days prior to expor- requirements of this section and spot tation. All specimens required by this checks will be conducted by an APHIS paragraph must be collected by a li- representative to ensure that the re- censed veterinarian who either is, or is quirements of this section are being acting in the presence of, the veteri- met. If an APHIS representative finds narian signing the certificate. that requirements are not being met, (4) Following the horse’s arrival in the Administrator may require that all the United States: remaining monitoring be conducted by (i) A horse imported in accordance APHIS representatives to ensure com- with paragraph (f)(1) of this section pliance. may remain in the United States for (iv) Except when in transit, the horse not more than 90 days, except as pro- must be kept on a premises that has vided in paragraph (f)(9) of this section. been approved by an APHIS representa- (ii) A horse imported in accordance tive. For horses imported in accord- with paragraph (f)(2) of this section ance with paragraph (f)(1) of this sec- may remain in the United States in- tion, such approval may be oral or in definitely, except as provided in para- writing. If the approval is oral, it will graph (f)(9) of this section, as long as be confirmed in writing by the Admin- the conditions of paragraphs (f)(3) istrator as soon as circumstances per- through (f)(12) of this section are met mit. For horses imported in accordance and the horse’s owner or importer ap- with paragraph (f)(2) of this section, plies for and obtains from APHIS an the approval will be in writing. To re- import permit, as provided for in ceive approval, the premises: § 93.304, each year prior to the anniver- (A) Must not be a breeding premises; sary date of the horse’s arrival in the and United States. (B) Must be or contain a building or (5) While the horse is in the United temporary structure in which the horse States, the following conditions must can be kept in a stall that is separated be met: from other stalls that contain horses (i) A horse imported in accordance that are not listed on the import per- with paragraph (f)(2) of this section: mit, either by an empty stall, by an

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open area across which horses cannot risk to other horses in the United touch each other, or by a solid wall States. that is at least 8 feet (2.4 meters) high. (xi) The owner or importer of the (v) While in transit, the horse must horse must comply with any other pro- be moved in either an aircraft or a visions of this part applicable to him or sealed van or trailer. If the horse is her. moved in a sealed van or trailer, the (6) Except as provided in paragraph seal may be broken only by an APHIS (f)(7) of this section, if the owner or im- representative at the horse’s destina- porter wishes to change the horse’s tion, except in situations where the itinerary or the methods by which the horse’s life is in danger. horse is transported from that which (vi) Except when actually competing, he or she specified in the application performing, or being exhibited or exer- for the import permit, the owner or im- cised, the horse must be kept in a pas- porter must make the request for ture approved by APHIS or in a stall change in writing to the Adminis- that is separated from other stalls con- trator. Requests for change must be taining horses that are not listed on submitted to APHIS no less than 15 the import permit, either by an empty days before the proposed date of the stall, by an open area across which change. Requests may be submitted to horses cannot touch each other, or by a APHIS by postal mail, commercial de- solid wall that is at least 8 feet (2.4 me- livery service, fax, or e-mail. The ters) high. change in itinerary or method of trans- (vii) The horse may not be used for port may not be made without the breeding purposes (including artificial written approval of the Administrator, insemination or semen collection) and who may grant the request for change may not have any other sexual contact when he or she determines that grant- with other horses. The horse may not ing the request will not endanger other undergo any genital examinations, ex- horses in the United States and that cept that a horse imported in accord- sufficient APHIS personnel are avail- ance with paragraph (f)(2) of this sec- able to provide the services required by tion may undergo genital examinations the owner or importer. for diagnosis or treatment of a medical condition with the prior approval of an (7) In response to an emergency or APHIS representative. other unforeseen circumstances or (viii) The horse may be moved for di- events (e.g., weather-related transpor- agnosis or treatment of a medical con- tation delays, vehicle breakdown, med- dition with the prior approval of an ical emergencies, etc.), the horse’s APHIS representative. itinerary or methods of transportation (ix) After the horse is transported may be changed, with the prior ap- anywhere in the United States, any ve- proval of an APHIS representative, hicle in which the horse was trans- from that which is specified in the ap- ported must be cleaned and disinfected plication for an import permit. Re- in the presence of an APHIS represent- quests for such a change may be sub- ative, according to the procedures spec- mitted to APHIS by telephone, postal ified in §§ 71.7 through 71.12 of this mail, commercial delivery service, fax, chapter, before any other horse is or e-mail. Approval may be oral or in transported in the vehicle. writing. If the approval is oral, it will (x) The cleaning and disinfection be confirmed in writing by the Admin- specified in paragraph (f)(5)(ix) of this istrator as soon as circumstances per- section must be completed before the mit. vehicle is moved from the place where (8) The Administrator may cancel, the horse is unloaded. In those cases orally or in writing, the import permit where the facilities or equipment for provided for under § 93.304 whenever the cleaning and disinfection are inad- Administrator finds that the owner or equate at the place where the horse is importer of the horse has not complied unloaded, the Administrator may allow with the provisions of paragraphs (f)(3) the vehicle to be moved to another lo- through (f)(7) of this section or any cation for cleaning and disinfection conditions imposed under those provi- when the move will not pose a disease sions. If the cancellation is oral, the

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Administrator will confirm the can- do not permit the horse to be kept on cellation and the reasons for the can- those premises, or when the Adminis- cellation in writing as soon as cir- trator determines that keeping the cumstances permit. Any person whose horse on the above specified premises import permit is canceled may appeal will pose a disease risk to horses in the the decision in writing to the Adminis- United States, the horse must be kept, trator within 10 days after receiving at the expense of the owner or im- oral or written notification of the can- porter, on an alternative premises ap- cellation, whichever is earlier. If the proved by the Administrator. appeal is sent by mail, it must be post- (10) Stallions or mares over 731 days marked within 10 days after the owner of age that are imported in accordance or importer receives oral or written no- with paragraphs (f)(1) or (f)(2) of this tification of the cancellation, which- section may be eligible to remain in ever is earlier. The appeal must include the United States if the following is all of the facts and reasons upon which completed: the person relies to show that the im- (i) Following completion of the port permit was wrongfully canceled. itinerary specified in the import per- The Administrator will grant or deny mit provided for in § 93.304, the horse’s the appeal in writing as promptly as owner or importer applies for and re- circumstances permit, stating the rea- ceives a new import permit that speci- son for his or her decision. If there is a fies that the stallion or mare will be conflict as to any material fact, a hear- moved to an approved State listed ing will be held to resolve the conflict. under paragraph (h)(6) or (h)(7) of this Rules of practice concerning the hear- section; and ing will be adopted by the Adminis- (ii) The stallion or mare is trans- trator. ported in a sealed vehicle that has been (9) Except in those cases where an ap- cleaned and disinfected to an approved peal is in process, any person whose facility in an approved State where it import permit is canceled must move is quarantined under State or Federal the horse identified in the import per- supervision until the stallion or mare mit out of the United States within 10 has met the testing and treatment re- days after receiving oral or written no- quirements of paragraph (e)(3) or (e)(5) tification of cancellation, whichever is of this section. earlier. The horse is not permitted to (11) All costs and charges associated enter competition, perform, or be ex- with the supervision and maintenance hibited from the date the owner or im- of a horse imported under paragraphs porter receives the notice of cancella- (f)(1) or (f)(2) of this section will be tion until the horse is moved out of the borne by the horse’s owner or importer. United States or until resolution of an The costs associated with the super- appeal in favor of the owner or im- vision and maintenance of the horse by porter. Except when being exercised, an APHIS representative at his or her the horse must be kept, at the expense usual places of duty will be reimbursed of the owner or importer, in a stall on by the horse’s owner or importer the premises where the horse is located through user fees payable under part when the notice of cancellation is re- 130 of this chapter. ceived or, if the horse is in transit (12) In the event that an APHIS rep- when the notice of cancellation is re- resentative must be temporarily de- ceived, on the premises where it is next tailed from his or her usual place of scheduled to compete, perform, or be duty in connection with the super- exhibited according to the import pervision and maintenance of a horse im- mit. The stall in which the horse is ported under this paragraph (f), the kept must be separated from other owner or importer of the horse must stalls containing horses that are not execute a trust fund agreement with listed on the import permit, either by APHIS to reimburse all expenses (in- an empty stall, by an open area across cluding travel costs, salary, per diem which horses cannot touch each other, or subsistence, administrative ex- or by a solid wall that is at least 8 feet penses, and incidental expenses) in- (2.4 meters) high. In cases where the curred by the Department in connec- owners of the above specified premises tion with the temporary detail. Under

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the trust fund agreement, the horse’s the amount deposited will be insuffi- owner or importer must deposit with cient to cover the services APHIS is APHIS an amount equal to the esti- scheduled to provide during the re- mated cost, as determined by APHIS, mainder of the horse’s stay, APHIS for the APHIS representative to in- will issue to the horse’s owner or im- spect the premises at which the horse porter a bill to restore the deposited will compete, perform, or be exhibited; amount to a level sufficient to cover to conduct the monitoring required by the estimated cost to APHIS for the re- paragraph (f)(5)(iii) of this section; and mainder of the horse’s stay in the to supervise the cleaning and disinfec- United States. The horse’s owner or tion required by paragraph (f)(5)(ix) of importer must pay the amount billed this section. The estimated costs will within 14 days after receiving the bill. be based on the following factors: If the bill is not paid within 14 days (i) Number of hours needed for an APHIS representative to conduct the after its receipt, APHIS will cease to required inspection and monitoring; perform the services provided for in (ii) For services provided during reg- paragraph (f)(5) of this section until ular business hours (8 a.m. to 4:30 p.m., the bill is paid. The Administrator will Monday through Saturday, except holi- inform the owner or importer of the days), the average salary, per hour, for cessation of services orally or in writ- an APHIS representative; ing. If the notice of cessation is oral, (iii) For services provided outside the Administrator will confirm, in regular business hours, the applicable writing, the notice of cessation and the rate for overtime, night differential, or reason for the cessation of services as Sunday or holiday pay, based on the soon as circumstances permit. In such average salary, per hour, for an APHIS a case, the horse must be kept, at the representative; expense of the owner or importer and (iv) Number of miles from the prem- until the bill is paid, in a stall either ises at which the horse competes, per- on the premises at which the horse is forms, or is exhibited to the APHIS of- located when the notice of cessation of fice or facility that is monitoring the services is received or, if the horse is in activities; transit when the notice of cessation of (v) Government rate per mile for services is received, on the premises at automobile travel or, if appropriate, which it is next scheduled to compete, cost of other means of transportation perform, or be exhibited according to between the premises at which the the import permit. The stall in which horse competes, performs, or is exhib- the horse is kept must be separated ited and the APHIS office or facility; from other stalls containing horses (vi) Number of trips between the that are not listed on the import per- premises at which the horse competes, mit, either by an empty stall, by an performs, or is exhibited and the open area across which horses cannot APHIS office or facility that APHIS touch each other, or by a solid wall representatives are required to make in that is at least 8 feet (2.4 meters) high. order to conduct the required inspec- In cases where the owners of the prem- tion and monitoring; (vii) Number of days the APHIS rep- ises where the horse would be kept fol- resentative conducting the inspection lowing a cessation of services do not and monitoring must be in ‘‘travel sta- permit the horse to be kept on those tus’’; premises, or when the Administrator (viii) Applicable Government per determines that keeping the horse on diem rate; and the premises will pose a disease risk to (ix) Cost of related administrative other horses in the United States, the support services. horse must be kept, at the expense of (13) If a trust fund agreement with the owner or importer, on an alter- APHIS has been executed by the owner native premises approved by the Ad- or importer of a horse in accordance ministrator. Until the bill is paid, the with paragraph (f)(12) of this section horse is not permitted to enter com- and APHIS determines, during the petition, perform, or be exhibited. Any horse’s stay in the United States, that amount deposited in excess of the costs

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to APHIS to provide the required serv- cordance with the export regulations in ices will be refunded to the horse’s part 91 of this chapter; owner or importer. (4) The horse must be examined by an (g) Special provisions for the importa- inspector at the U.S. port of entry and tion of horses that have been temporarily found by the inspector to be the iden- exported to a CEM-affected region. If a tical horse covered by the documents horse has been temporarily exported required by paragraphs (a) through (c) for not more than 60 days from the of this section and found by the inspec- United States to a CEM-affected region tor to be free of communicable disease listed under paragraph (c)(1) of this and exposure thereto; and section, or if a horse has been tempo- (5) The horse must be quarantined rarily exported for not more than 60 and tested at the U.S. port of entry as days from another region not known to provided in § 93.308 of this part prior to be affected with CEM to a CEM-af- release. fected region during the 12 months pre- (h) Approval of States. In order for a ceding its exportation to the United State to be approved to receive stal- States, the horse may be eligible for re- lions or mares over 731 days of age turn or importation into the United from a CEM-affected region listed States without meeting the require- under paragraph (c)(1) of this section ments of paragraphs (d) through (f) of that are imported under paragraph (e) this section under the following condi- of this section, the State must meet tions: the following conditions: (1) The horse must be accompanied (1) The State must enter into a writ- by a certificate that meets the require- ten agreement with the Administrator, ments of § 93.314(a) of this part issued whereby the State agrees to enforce its by each CEM-affected region that the laws and regulations to control CEM horse has visited during the term of its and to abide by the conditions of approval established by the regulations temporary exportation, and each cer- in this part. tificate must contain the following ad- (2) The State must agree to quar- ditional declarations: antine all stallions and mares over 731 (i) That the horse was held separate days of age imported under the provi- and apart from all other horses except sions of paragraph (e) of this section for the time it was actually partici- until the stallions have been treated in pating in an event or was being exer- accordance with paragraph (e)(3) of this cised by its trainer; section and the mares have been treat- (ii) That the premises on which the ed in accordance with paragraph (e)(5) horse was held were not used for any of this section. equine breeding purpose; (3) The State must agree to quar- (iii) That the horse was not bred to antine all mares used to test stallions or bred by any animal, nor did it have for CEM until the mares have been re- any other sexual contact or genital ex- leased from quarantine in accordance amination while in such region; and with paragraph (e)(4) of this section. (iv) That all transport while in such (4) The State must have laws or regu- region was carried out in cleaned and lations requiring that stallions over 731 disinfected vehicles in which no other days of age imported under paragraph horses were transported since such (e) of this section be treated in the cleaning and disinfection; manner specified in paragraph (e)(3) of (2) The horse is accompanied by an this section, and that mares over 731 import permit issued in accordance days of age imported under paragraph with § 93.304 of this part at the time of (e) of this section be treated in the exportation; manner specified in paragraph (e)(5) of (3) If the horse was temporarily ex- this section. ported from the United States and is (5) Approval of any State to receive being returned to the United States, stallions or mares imported from re- the horse must be accompanied by a gions affected with CEM may be sus- copy of the United States health cer- pended by the Administrator upon his tificate issued for its exportation from or her determination that any require- the United States and endorsed in ac- ments of this section are not being

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met. After such action is taken, the tional Center for Import and Export, animal health authorities of the ap- Veterinary Services, Animal and Plant proved State will be informed of the Health Inspection Service, 4700 River reasons for the action and afforded an Road Unit 38, Riverdale, Maryland opportunity to present their views 20737. APHIS will add a region to the thereon before such suspension is final- list upon determining that screwworm ized; however, such suspension of ap- exists in the region based on reports proval shall continue in effect unless APHIS receives of detections of the otherwise ordered by the Adminis- pest from veterinary officials of the ex- trator. In those instances where there porting country, from the World Orga- is a conflict as to the facts, a hearing nization for Animal Health (OIE), or shall be held to resolve such conflict. from other sources the Administrator (6) A list of States approved by determines to be reliable. APHIS will APHIS to receive stallions over 731 remove a region from the list after con- days of age imported under paragraph ducting an evaluation of the region in (e) of this section is maintained on the accordance with § 92.2 of this sub- APHIS Web site at http:// chapter and finding that screwworm is www.aphis.usda.gov/ importlexport/ not present in the region. In the case of animals/ downloads/stateslappl con- a region formerly not on this list that ductlcemltesting.pdf. Copies of the list is added due to a detection, the region will also be available via postal mail, may be removed from the list in ac- fax, or email upon request to the Sani- cordance with the procedures for rees- tary Trade Issues Team, National Cen- tablishment of a region’s disease-free ter for Import and Export, Veterinary status in § 92.4 of this subchapter. Services, Animal and Plant Health In- (1) A veterinarian must treat horses spection Service, 4700 River Road Unit with ivermectin 3 to 5 days prior to the 38, Riverdale, Maryland 20737. date of export to the United States ac- (7) A list of States approved by cording to the recommended dose pre- APHIS to receive mares over 731 days scribed on the product’s label. of age imported under paragraph (e) of (2) Horses must be examined for this section is maintained on the screwworm by a full-time salaried vet- APHIS Web site at http:// erinary official of the exporting coun- www.aphis.usda.gov/ importlexport/ try within 24 hours prior to shipment animals/ downloads/stateslappl con- to the United States. The official must ductlcemltesting.pdf. Copies of the list fully examine the horses, including will also be available via postal mail, their external genitalia. If horses are fax, or email upon request to the Sani- tary Trade Issues Team, National Cen- found to be infested with screwworm, ter for Import and Export, Veterinary they must be treated until free from Services, Animal and Plant Health In- infestation. spection Service, 4700 River Road Unit (3) At the time horses are loaded onto 38, Riverdale, Maryland 20737. a means of conveyance for export, a (i) [Reserved] veterinarian must treat any visible (j) Examination and treatment for wounds on the animals with a solution screwworm. Horses from regions where of coumaphos dust at a concentration APHIS considers screwworm to exist of 5 percent active ingredient. may be imported into the United (4) Horses must be accompanied to States only if they meet the require- the United States by a certificate ments in paragraphs (j)(1) through (7) signed by a full-time salaried veteri- of this section and all other applicable nary official of the exporting country. requirements of this part. APHIS will The certificate must state that the maintain a list of regions where horses, including their external geni- screwworm is considered to exist on talia, have been thoroughly examined the APHIS Web site at http:// and found free of screwworm and that www.aphis.usda.gov/ importlexport/ ani- the horses have been treated in accord- mals/animalldisease lstatus.shtml. Cop- ance with paragraphs (j)(1) and (j)(3) of ies of the list will also be available via this section. postal mail, fax, or email upon request (5) Horses must be quarantined upon to the Sanitary Trade Issues Team, Na- arrival in the United States at an

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APHIS animal import center for at (including poultry) origin, such as, but least 7 days. not limited to, meat, organs, glands, (6) Horses must be examined for extracts, secretions, fat, bones, blood, screwworm by a veterinarian within 24 lymph, urine, or manure, so as to hours after arrival at an APHIS animal present a danger of the spread of any import center in the United States. communicable animal disease, the in- The examining veterinarian must ex- spector may require the unloading of amine horses, including their external the means of conveyance and the genitalia, to determine whether the emptying of the container if he or she horse is infested with screwworm. deems it necessary to enable him or (7) Horses must be held at the animal her to determine whether the means of import center for a minimum of 7 days. conveyance or container is in fact so On day 7, prior to the horses’ release, contaminated. The principal operator the horses must be examined by a vet- of the means of conveyance and his or erinarian at the expense of the owner her agent in charge of the means of or broker. For this examination, male conveyance shall comply with any such horses must be tranquilized or sedated requirement under the immediate su- so that the external genitalia of the pervision of, and in the time and man- horses can be thoroughly examined. If ner prescribed by, the inspector. screwworm is found during this exam- (c) Cleaning and disinfection: When- ination, the horses must be held in ever, upon inspection under this sec- quarantine and treated until free of in- tion, an inspector determines that a festation. means of conveyance or shipping con- (Approved by the Office of Management and tainer is contaminated with material Budget under control numbers 0579–0040, of animal origin so as to present a dan- 0579–0165, and 0579–0324) ger of the spread of any communicable [55 FR 31495, Aug. 2, 1990. Redesignated and animal disease, he or she shall notify amended at 62 FR 56012, 56016, Oct. 28, 1997] the principal operator of the means of conveyance or his or her agent in EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 93.301, see the List of CFR charge, of such determination and the Sections Affected, which appears in the requirements under this section. The Finding Aids section of the printed volume person so notified shall cause the and at www.govinfo.gov. cleaning and disinfection of such means of conveyance and container § 93.302 Inspection of certain aircraft under the immediate supervision of, and other means of conveyance and and in the time and manner prescribed shipping containers thereon; unloading, cleaning, and disinfection by, the inspector. requirements. (d) For purposes of this section, the term ‘‘shipping container’’ means any (a) Inspection: All aircraft and other container of a type specially adapted means of conveyance (including ship- for use in transporting any article on ping containers thereon) moving into the means of conveyance involved. the United States from any foreign region are subject to inspection without [55 FR 31495, Aug. 2, 1990. Redesignated and a warrant by properly identified and amended at 62 FR 56012, 56016, Oct. 28, 1997; 68 designated inspectors to determine FR 6344, Feb. 7, 2003] whether they are carrying any animal, carcass, product or article regulated or § 93.303 Ports designated for the im- subject to disposal under any law or portation of horses. regulation administered by the Sec- (a) Air and ocean ports. The following retary of Agriculture for prevention of ports have APHIS inspection and quar- the introduction or dissemination of antine facilities necessary for quar- any communicable animal disease. antine stations and all horses shall be (b) Unloading requirements: Whenever entered into the United States through in the course of any such inspection at these stations, except as provided in any port in the United States the in- paragraphs (b), (c), (d), (e), and (f) of spector has reason to believe that the this section, §§ 93.308(a), (b) and (c) and means of conveyance or container is 93.317: Los Angeles, California; Miami, contaminated with material of animal Florida; and Newburgh, New York.

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(b) Canadian border ports. (1) The fol- national port or airport by the U.S. lowing land border ports are designated Customs Service and quarantined at as having the necessary inspection fa- privately owned quarantine facilities cilities for the entry of horses from provided that applicable provisions of Canada: Eastport, Idaho; Houlton and §§ 93.301(c), 93.304(a), 93.306, 93.308(a), (b) Jackman, Maine; Detroit, Port Huron, and (c), and 93.314 are met. and Sault Ste. Marie, Michigan; (f) Designation of other ports. The Sec- Baudette, Minnesota; Opheim, Ray- retary of the Treasury has approved mond, and Sweetgrass, Montana; Alex- the designation as quarantine stations andria Bay, Buffalo, and Champlain, of the ports specified in this section. In New York; Dunseith, Pembina, and special cases other ports may be des- Portal, North Dakota; Derby Line and ignated as quarantine stations under Highgate Springs, Vermont; Oroville this section by the Administrator, with and Sumas, Washington. the concurrence of the Secretary of the (2) International Falls, Minnesota, is Treasury. designated as a port of entry for horses from Canada. [55 FR 31495, Aug. 2, 1990. Redesignated at 62 FR 56012, Oct. 28, 1997] (c) Mexican border ports. The following land border ports are designated EDITORIAL NOTE: For FEDERAL REGISTER ci- for the entry of horses from Mexico: tations affecting § 93.303, see the List of CFR Brownsville, Hidalgo, Laredo, Eagle Sections Affected, which appears in the Finding Aids section of the printed volume Pass, Del Rio, Presidio, and El Paso, and at www.govinfo.gov. Texas; Douglas, Naco, Nogales, Sasabe, and San Luis, Arizona; Calexico and § 93.304 Import permits for horses San Ysidro, California; and Antelope from regions affected with CEM Wells, Columbus, and Santa Teresa, and for horse specimens for diag- New Mexico. nostic purposes; reservation fees (d) Limited ports. The following ports for space at quarantine facilities are designated as having inspection fa- maintained by APHIS. cilities for the entry of horses and (a) Application for permit; reservation horse products such as horse test speci- required. (1)(i) For horses from regions mens which do not appear to require listed in § 93.301(c)(1) of the regulations, restraint and holding inspection facili- horses intended for quarantine at a pri- ties: Anchorage and Fairbanks, Alaska; vately owned quarantine facility, and San Diego, California; Jacksonville, St. horse test specimens for diagnostic Petersburg-Clearwater, and Tampa, screening purposes, intended for impor- Florida; Atlanta, Georgia; Honolulu, tation from any part of the world, ex- Hawaii; Chicago, Illinois; New Orleans, cept as otherwise provided for in Louisiana; Portland, Maine; Baltimore, §§ 93.315, 93.319, and 93.321, the importer Maryland; Boston, Massachusetts; Min- shall first apply for and obtain from neapolis, Minnesota; Great Falls, Mon- APHIS an import permit. The applica- tana; Dayton, Ohio; Portland, Oregon; tion shall specify the name and address San Juan, Puerto Rico; Memphis, Ten- of the importer; the species, breed, nessee (no live animals); Galveston and number or quantity of horses or horse Houston, Texas; and Seattle, Spokane, test specimens to be imported; the pur- and Tacoma, Washington. pose of the importation; individual (e) Ports for horses to be quarantined at horse identification which includes a privately owned quarantine facilities. description of the horse, name, age, Horses, except horses from or which markings, if any, registration number, have transited any region in which Af- if any, and tattoo or eartag; the region rican horsesickness is declared to of origin; the name and address of the exist, 10 may be entered into the United exporter; the port of embarkation in States at any port specified in para- the foreign region; the mode of trans- graph (a) of this section, or at any portation, route of travel, and the port other port designated as an inter- of entry in the United States; the proposed date of arrival of the horses or 10 Information as to the regions where Afri- horse test specimens to be imported; can horsesickness is declared to exist may be and the name of the person to whom obtained from the Administrator. the horses or horse test specimens will

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be delivered and the location of the (C) Photographs (head and lateral place in the United States to which de- views) that are sufficient to identify livery will be made from the port of each horse on an electronic medium entry. Additional information may be approved by APHIS. required in the form of certificates (D) The proposed total length of stay concerning specific diseases to which in the United States. the horses are susceptible, as well as (E) A description of the shows or vaccinations or other precautionary events in which the horse will perform treatments to which the horses or while in the United States. horse test specimens have been sub- (F) The names, dates, and locations jected. Notice of any such require- of the venues in which the horse will ments will be given to the applicant in perform while in the United States. each case. (G) The names and locations of the (ii) Horses intended for importation premises on which the horse will be under § 93.301(f)(1) of this part must kept while in the United States, and meet the permit requirements of para- the dates the horse will be kept on graph (a)(1)(i) of this section. Addition- each premises. ally, for horses intended for importa- (H) The methods and routes by which tion under § 93.301(f)(1) of this part, the the horse will be transported while in horse’s owner or importer must include the United States. the following information with the ap- (I) A written plan for handling sick plication for permit that is required by or injured horses that includes: paragraph (a)(1)(i) of this section: (1) The name, address, and phone (A) That the application is being number of each accredited veterinarian made for a horse that will remain in who will provide veterinary services in the United States for no more than 90 the United States; days; (2) The name, address, and phone number of medical facilities to be used (B) The names, dates, and locations to diagnose or treat sick or injured of the events in which the horse will horses while in the United States; and compete while in the United States; (3) A plan to return sick or injured (C) The names and locations of the horses to performance condition. premises on which the horse will be (J) An application for a trust fund or kept while in the United States, and escrow account agreement with APHIS the dates the horse will be kept on in accordance with § 93.301(f)(12). each premises; and (iv) Approval of an application for a (D) The methods and routes by which permit to import a horse under the horse will be transported while in § 93.301(f) of this part is contingent the United States. upon a determination by the Adminis- (iii) Horses intended for importation trator that sufficient APHIS personnel under § 93.301(f)(2) must meet the per- are available to provide the services remit requirements of paragraph (a)(1)(i) quired. If more than one application for of this section. Additionally, for horses an import permit is received, APHIS intended for importation under personnel will be assigned in the order § 93.301(f)(2), the horse’s owner or im- that applications that otherwise meet porter must include the following in- the requirements of this section are re- formation with the application for per- ceived. mit that is required by paragraph (2) An application for permit to im- (a)(1)(i) of this section: port horses from regions listed in (A) The individual identifying infor- § 93.301(c)(1) or horses intended for mation required in paragraph (a)(1)(i) quarantine at a privately owned quar- of this section for all horses to be im- antine facility, may also be denied be- ported. cause of: Communicable disease condi- (B) The permanent electronic identi- tions in the area or region of origin, or fication of each horse to be imported, if in a region where the shipment has applicable. In the event that a horse been or will be held or through which has permanent electronic identifica- the shipment has been or will be trans- tion, the horse must be accompanied ported; deficiencies in the regulatory by a compatible reader. programs for the control or eradication

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of animal diseases and the unavail- the quarantine for which the reserva- ability of veterinary services in the tion was made. Any part of the reserva- above mentioned regions; the import- tion fee which remains unused after er’s failure to provide satisfactory evi- being applied against the expenses in- dence concerning the origin, history, curred for services received by the im- and health status of the horses; the porter or the importer’s agent in con- lack of satisfactory information nec- nection with the quarantine for which essary to determine that the importa- the reservation was made, shall be re- tion will not be likely to transmit any turned to the individual who paid the communicable disease to livestock or reservation fee. If the reservation fee is poultry of the United States; or any ensured by a letter of credit, the De- other circumstances which the Admin- partment will draw against the letter istrator believes require such denial to of credit unless payment for services prevent the dissemination of any com- received by the importer or importer’s municable disease of livestock or poul- agent in connection with the quar- try into the United States. antine is otherwise made at least 3 (3)(i) The importer or importer’s days prior to the expiration date of the agent shall pay or ensure payment of a letter of credit. reservation fee for each lot of horses to (iv) Any reservation fee shall be for- be quarantined in a facility maintained feited if the importer or the importer’s by USDA. For horses, the reservation agent fails to present for entry, within fee shall be 100 percent of the cost of providing care, feed, and handling dur- 24 hours following the designated time ing quarantine, as estimated by the of arrival, the horse for which the res- quarantine facility’s veterinarian in ervation was made: Except that a res- charge. ervation fee shall not be forfeited if the (ii) At the time the importer or the Administrator determines that serv- importer’s agent requests a reservation ices, other than provided by carriers, of quarantine space, the importer or necessary for the importation of the importer’s agent shall pay the reserva- horses within the required period are tion fee by check or U.S. money order unavailable because of unforeseen cir- or ensure payment of the reservation cumstances as determined by the Ad- fee by an irrevocable letter of credit ministrator (such as the closing of an from a commercial bank (the effective airport due to inclement weather or date on such letter of credit shall run the unavailability of the reserved space to 30 days after the date the horses are due to the extension of another quar- scheduled to be released from quarantine). antine); except that anyone who issues (v) If the reservation fee was ensured a check to the Department for a res- by a letter of credit and the fee is to be ervation fee which is returned because forfeited under paragraph (a)(3)(iv) of of insufficient funds shall be denied this section, the Department will draw any further request for reservation of a against the letter of credit unless the quarantine space until the outstanding reservation fee is otherwise paid at amount is paid. least 3 days prior to the expiration (iii) Any reservation fee paid by date of the letter of credit. check or U.S. money order shall be ap- (vi) If a reservation is canceled, the plied against the expenses incurred for importer or the importer’s agent will services received by the importer or be charged a fee according to the fol- importer’s agent in connection with lowing schedule:

Cancellation date Fee

30 or more days before the scheduled reservation date ...... 25 percent of the reservation fee. 15–29 days before the scheduled reservation date ...... 50 percent of the reservation fee. Less than 15 days before the scheduled reservation date ...... 100 percent of the reservation fee.

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(vii) If the reservation fee was en- EDITORIAL NOTE: For FEDERAL REGISTER ci- sured by a letter of credit, the Depart- tations affecting § 93.304, see the List of CFR ment will draw the amount of the can- Sections Affected, which appears in the cellation fee against the letter of cred- Finding Aids section of the printed volume and at www.govinfo.gov. it unless the cancellation fee is otherwise paid at least 3 days prior to the § 93.305 Declaration and other docu- expiration date of the letter of credit. ments for horses. (b) Permit. (1) When a permit is (a) The certificates, declarations, and issued, the original and two copies will affidavits required by the regulations be sent to the importer. It shall be the in this part shall be presented by the responsibility of the importer to for- importer or his or her agent to the col- ward the original permit and one copy lector of customs at the port of entry, to the shipper in the region of origin, upon arrival of horses at such port, for and it shall also be the responsibility the use of the veterinary inspector at of the importer to ensure that the ship- the port of entry. per presents the copy of the permit to (b) For all horses offered for importa- the carrier and makes the necessary tion, the importer or his or her agent arrangements for the original permit shall first present two copies of a dec- to accompany the shipment to the laration which shall list the port of specified U.S. port of entry for presen- entry, the name and address of the im- tation to the collector of customs. porter, the name and address of the (2) Horses and horse test specimens broker, the origin of the horses, the for which a permit is required under number, breed, species, and purpose of paragraph (a) of this section will be re- the importation, the name of the per- ceived at the port of entry specified on son to whom the horses will be deliv- the permit within the time prescribed ered, and the location of the place to in the permit, which shall not exceed 14 which such delivery will be made. days from the first day that the permit (c) Any declaration, permit, or other is effective. document for horses required under (3) Horses and horse test specimens this subpart may be issued and pre- for which a permit is required under sented using a U.S. Government elec- paragraph (a) of this section will not be tronic information exchange system or eligible for entry if: other authorized method. (i) A permit has not been issued for the importation of the horse or horse [55 FR 31495, Aug. 2, 1990,as amended at 81 FR test specimen; 40151, June 21, 2016] (ii) If the horse or horse test speci- § 93.306 Inspection at the port of men is unaccompanied by the permit entry. issued for its importation; (iii) If the horse or horse test speci- Inspection shall be made at the port men is shipped from any port other of entry of all horses imported from than the one designated in the permit; any part of the world except as pro- (iv) If the horse or horse test speci- vided in §§ 93.318 and 93.323. All horses men arrives in the United States at found to be free from communicable any port other than the one designated disease and not to have been exposed in the permit; thereto within 60 days prior to their (v) If the horse or horse test speci- exportation to the United States shall men offered for entry differs from that be admitted subject to the other provi- described in the permit; or sions in this part; all other horses shall be refused entry. Horses refused entry, (vi) If the horse or horse test speci- unless exported within a time fixed in men is not handled as outlined in the each case by the Administrator of Vet- application for the permit and as speci- erinary Service, and in accordance fied in the permit issued. with other provisions he or she may re- (Approved by the Office of Management and quire in each case for their handling Budget under control numbers 0579–0040 and shall be disposed of as the Adminis- 0579–0324) trator may direct. Such portions of the [55 FR 31495, Aug. 2, 1990. Redesignated at 62 transporting vessel, and of its cargo, FR 56012, Oct. 28, 1997] which have been exposed to any such

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horses or their emanations shall be dis- Health Inspection Service, 4700 River infected in such manner as may be con- Road Unit 38, Riverdale, Maryland sidered necessary by the inspector in 20737. charge at the port of entry, to prevent (ii) APHIS will add a region to the the introduction or spread of livestock list of those it has declared free of Ven- or poultry disease, before the cargo is ezuelan equine encephalomyelitis after allowed to land. it conducts an evaluation of the region [55 FR 31495, Aug. 2, 1990. Redesignated and in accordance with § 92.2 of this sub- amended at 62 FR 56012, 56016, Oct. 28, 1997; 68 chapter and finds that the disease is FR 6344, Feb. 7, 2003] not present. In the case of a region for- § 93.307 Articles accompanying horses. merly on this list that is removed due to an outbreak, the region may be re- No litter or manure, fodder or other turned to the list in accordance with aliment, nor any equipment such as the procedures for reestablishment of a boxes, buckets, ropes, chains, blankets, region’s disease-free status in § 92.4 of or other things used for or about horses governed by the regulations this part, this subchapter. APHIS will remove a shall be landed from any conveyance region from the list of those it has de- except under such restrictions as the clared free of Venezuelan equine inspector in charge at the port of entry encephalomyelitis upon determining shall direct. that the disease exists in the region based on reports APHIS receives of § 93.308 Quarantine requirements. outbreaks of the disease from veteri- (a) Except as provided in this section nary officials of the exporting country, and in § 93.324, horses intended for im- from the World Organization for Ani- portation into the United States from mal Health (OIE), or from other any part of the world shall be shipped sources the Administrator determines directly to a port designated in §§ 93.303 to be reliable. and 92.324 and be quarantined at said (2) Horses intended for importation port until negative results to port of from regions APHIS considers to be af- entry tests are obtained and the horses fected with African horse sickness may are certified by the port veterinarian enter the United States only at the to be free from clinical evidence of dis- port of New York, and must be quar- ease. antined at the New York Animal Im- (1) Except as provided in §§ 93.317 and port Center in Newburgh, New York, 93.324 and in paragraph (a)(1)(i) of this section, horses intended for importa- for at least 60 days. This restriction tion from the Western Hemisphere also applies to horses that have shall be quarantined at a port des- stopped in or transited a region consid- ignated in § 93.303 for not less than 7 ered affected with African horse sick- days to be evaluated for signs of Ven- ness. ezuelan equine encephalomyelitis. (i) A list of regions that APHIS con- (i) Horses imported from regions of siders affected with African horse sick- the Western Hemisphere that APHIS ness is maintained on the APHIS Web considers to be free of Venezuelan site at http://www.aphis.usda.gov/ im- equine encephalomyelitis are exempt portlexport/animals/animal from the requirements of paragraph ldiseaselstatus.shtml. Copies of the (a)(1) of this section. A list of regions list will also be available via postal that APHIS has declared free of Ven- mail, fax, or email upon request to the ezuelan equine encephalomyelitis is Sanitary Trade Issues Team, National maintained on the APHIS Web site at Center for Import and Export, Veteri- http://www.aphis.usda.gov/import nary Services, Animal and Plant lexport/animals/animall import/equine/ Health Inspection Service, 4700 River equinelimport lquarantine.shtml. Cop- Road Unit 38, Riverdale, Maryland ies of the list will also be available via 20737. postal mail, fax, or email upon request (ii) APHIS will add a region to the to the Sanitary Trade Issues Team, Na- tional Center for Import and Export, list upon determining that the disease Veterinary Services, Animal and Plant exists in the region based on reports

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APHIS receives of outbreaks of the dis- United States and removed by the im- ease from veterinary officials of the exporter to a country other than the porting country, from the World Orga- United States within 10 days of the nization for Animal Health (OIE), or date that the importer is notified by from other sources the Administrator APHIS that such horse has been re- determines to be reliable. APHIS will fused entry into the United States. remove a region from the list after con- Upon request, the Administrator may ducting an evaluation of the region in grant additional time for the removal accordance with § 92.2 of this sub- of a horse from the United States in chapter and finding that the disease is any case in which he or she determines not present in the region. In the case of that delay is unavoidable due to a region formerly not on this list that unforseen circumstances and the addi- is added due to an outbreak, the region tional time for removal of the horse may be removed from the list in ac- will not present a threat of the spread cordance with the procedures for rees- of communicable disease to other ani- tablishment of a region’s disease-free mals in the United States. At the op- status in § 92.4 of this subchapter. tion of the importer, such horse may be (3) To qualify for release from quarantine, all horses, except horses from disposed of in accordance with such Iceland, must test negative to official conditions as the Administrator be- tests for dourine, glanders, equine lieves necessary to prevent the dis- piroplasmosis, and equine infectious semination of communicable disease anemia. 11 However, horses imported into the United States. The importer from Australia and New Zealand are shall be responsible for all costs of such exempt from testing for dourine and removal or disposal. glanders. In addition, all horses must (b) Temporary, privately owned quar- undergo any other tests, inspections, antine facilities. Horses presented for disinfections, and precautionary treat- entry into the United States as pro- ments that may be required by the Ad- vided in § 93.303(e) may be quarantined ministrator to determine their freedom in temporary, privately owned quar- from communicable diseases. antine facilities that meet the require- (4) Any quarantine period required ments of paragraphs (b)(1) and (b)(2) of for a horse shall be counted using the this section and that have been ap- first day after arrival of the horse at proved by the Administrator for a spe- the quarantine facility as the first day cific importation. of quarantine and may be extended for (1) Approval. Requests for approval such additional period as the Adminis- and plans for proposed temporary fa- trator may require to determine its cilities must be submitted no less than freedom from disease. Any horse which 15 days before the proposed date of is positive to any of the port of entry entry of horses into the facility to tests named in this paragraph or any APHIS, Veterinary Services, National other test required by the Adminis- Center for Import and Export, 4700 trator, or which is found by the port River Road Unit 39, Riverdale, MD veterinarian to exhibit evidence of 20737–1231. Before facility approval can communicable disease during quar- be granted, a veterinary medical offi- antine shall be refused entry into the cer of APHIS must inspect the facility to determine whether it complies with 11 Because the official tests for dourine and the standards set forth in this section: glanders are performed only at the National Provided, however, that approval of any Veterinary Services Laboratories in Ames, IA, the protocols for those tests have not temporary facility and use of such fa- been published and are, therefore, not avail- cility will be contingent upon a deter- able; however, copies of ‘‘Protocol for the mination made by the Administrator Complement-Fixation Test for Equine that adequate personnel are available Piroplasmosis’’ and ‘‘Protocol for the to provide required services at the fa- Immunno-Diffusion (Coggins) Test For cility. Approval of any facility may be Equine Infectious Anemia’’ may be obtained from the Animal and Plant Health Inspec- refused and approval of any quarantine tion Service, Veterinary Services, National facility may be withdrawn at any time Center for Import-Export, 4700 River Road by the Administrator, upon his or her Unit 38, Riverdale, MD 20737–1231. determination that any requirements

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of this section are not being met. Be- horses are in quarantine or from horses fore such action is taken, the operator that are refused entry into the United of the facility will be informed of the States must be either by incineration reasons for the proposed action by the or in a public sewer system that meets Administrator and afforded an oppor- all applicable environmental quality tunity to present his or her views. If control standards. Following comple- there is a conflict as to any material tion of the quarantine period and the fact, a hearing will be held to resolve release of the horses into the United the conflict. The cost of the facility States, all waste may be removed from and all maintenance and operational the quarantine facility without further costs of the facility will be borne by restriction. the operator. (D) The facility must be maintained (2) Standards and handling procedures. and operated in accordance with any The facility must be maintained and additional requirements the Adminis- operated in accordance with the fol- trator deems appropriate to prevent lowing standards: the dissemination of any commu- (i) Inspection. Inspection and quar- nicable disease. antine services must be arranged by (E) The facility must comply with all the operator or his or her agent with applicable local, State, and Federal re- the APHIS Veterinarian in Charge for quirements for environmental quality. the State in which the approved facil- (iv) Personnel. (A) Access to the facility is located 12 no less than 7 days be- ity will be granted only to persons fore the proposed date of entry of the working at the facility or to persons horses into the quarantine facility. specifically granted such access by an (ii) Physical plant requirements. (A) APHIS representative. The facility must be located and con- (B) The operator must provide at- structed to prevent horses from having tendants for the care and feeding of physical contact with animals outside horses while in the quarantine facility. the facility. (C) Persons working in the quar- (B) The facility must be constructed antine facility may not come in con- only with materials that can withstand tact with any horses outside the quar- repeated cleaning and disinfection. Dis- antine facility during the quarantine infectants authorized in 9 CFR part 71 period for any horses in the facility. must be used. All walls, floors, and (v) Handling of horses in quarantine. ceilings must be constructed of solid Horses offered for importation into the material that is impervious to mois- United States that are quarantined in ture. Doors, windows, and other open- an approved temporary facility must ings of the facility must be provided be handled in accordance with para- with double screens that will prevent graph (a) of this section while in quar- insects from entering the facility. antine. (iii) Sanitation and security. (A) The (c) Permanent, privately owned quar- operator of the facility must arrange antine facilities. Horses presented for for a supply of water adequate to clean entry into the United States as pro- and disinfect the facility. vided in § 93.303(e) may be quarantined (B) All feed and bedding must originate from an area not under quar- in permanent, privately owned quarantine because of splenetic or tick antine facilities approved by the Ad- fever (see part 72 of this chapter) and ministrator as meeting the require- must be stored within the facility. ments of paragraphs (c)(1) through (C) Upon the death of any horse, the (c)(6) of this section. operator must arrange for the disposal (1) APHIS approval—(i) Approval proof the horse’s carcass by incineration. cedures. Persons seeking APHIS ap- Disposal of all other waste removed proval of a permanent, privately owned from the facility during the time the quarantine facility must write to the Administrator, c/o National Center for Import and Export, Veterinary Serv- 12 The name and the address of the Veteri- narian in Charge in any State is available ices, APHIS, 4700 River Road Unit 39, from APHIS, Veterinary Services, National Riverdale, MD 20737–1231. The applica- Center for Import and Export, 4700 River tion letter must include the full name Road Unit 39, Riverdale, MD 20737–1231. and mailing address of the applicant;

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the location and street address of the and other professional, technical, and facility for which approval is sought; support personnel, are available to blueprints of the facility; a description serve as APHIS representatives at the of the financial resources available for facility. If the facility is approved, construction, operation, and mainte- APHIS representatives will be present nance of the facility; the anticipated at all import quarantine operations in source or origin of horses to be quar- order to monitor them and will be antined, as well as the expected size present in order to provide other tech- and frequency of shipments; a contin- nical services to ensure the biological gency plan for horses needing emer- security of the facility, including, but gency veterinary care; and a contin- not limited to, those specified in para- gency plan for the disposal of all the graph (c)(4)(v)(H) of § 93.308. The Ad- horses capable of being housed in the ministrator’s determination will be facility. based on the expected size and fre- (A) If APHIS determines that an ap- quency of shipments to the facility, as plication is complete and merits fur- described in the application for ap- ther consideration, the person applying proval of a permanent facility, as well for facility approval must enter into a service agreement with APHIS wherein as any other pertinent information in the applicant agrees to pay the cost of the application. APHIS will assign per- all APHIS services associated with sonnel to facilities requesting approval APHIS’ evaluation of the application in the order that the facilities are ap- and facility. APHIS charges for the proved. The Administrator has sole dis- evaluation of the application and facil- cretion on the number of APHIS per- ity at hourly rates listed in § 130.30 of sonnel to be assigned to the facility. this chapter. This service agreement (iii) Maintaining approval. To main- applies only to fees accrued during the tain APHIS approval, the operator application process. If the facility is must continue to comply with all the approved by APHIS, facility owners requirements of paragraph (c) of this must enter into a compliance agree- section and the terms of the compli- ment in accordance with paragraph ance agreement executed in accordance (c)(2) of this section. with paragraph (c)(2) of this section. (B) Requests for approval must be (iv) Denial or withdrawal of approval. submitted to APHIS at least 120 days Approval for a proposed permanent, prior to the date of application for privately owned quarantine facility local building permits. Requests for ap- may be denied or approval for a facility proval will be evaluated on a first- already in operation may be withdrawn come, first-served basis. at any time by the Administrator for (ii) Criteria for approval. Before a fa- any of the reasons provided in para- cility may operate as a permanent, pri- graph (c)(1)(iv)(C) of this section. vately owned quarantine facility for (A) Before facility approval is denied horses, it must be approved by APHIS. or withdrawn, the operator of the facil- To be approved: ity will be informed of the reasons for (A) The facility must meet all of the requirements of this section; the proposed action by the Adminis- (B) The facility must meet any addi- trator and afforded an opportunity to tional requirements that may be im- present his or her views. If there is a posed by the Administrator in each conflict as to any material fact, APHIS specific case, as specified in the com- will afford the operator, upon request, pliance agreement required under para- the opportunity for a hearing with re- graph (c)(2) of this section, to ensure spect to the merits or validity of such that the quarantine of horses in the fa- action. cility will be adequate to determine (B) The Administrator may withdraw their health status, as well as to pre- approval of an existing facility prior to vent the transmission of diseases into, a final determination in the hearing if within, and from the facility; and the Administrator determines that (C) The Administrator must deter- such action is necessary to protect ani- mine that sufficient personnel, includ- mal health or the public health, inter- ing one or more APHIS veterinarians est, or safety. Such withdrawal will be

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effective upon oral or written notifica- quarantine facility if such person has tion, whichever is earlier, to the oper- an ownership, mortgage, or lease inter- ator of the facility. In the event of oral est in the facility’s physical plant, or if notification, APHIS will promptly give such person is a partner, officer, direc- written confirmation to the operator of tor, holder, or owner of 10 percent or the facility. This withdrawal will con- more of its voting stock, or is an em- tinue in effect pending the completion ployee in a managerial or executive ca- of the hearing and any judicial review, pacity. unless otherwise ordered by the Admin- (v) Approval for existing facilities. Any istrator. In addition to withdrawal of permanent, privately owned quarantine approval for the reasons provided in facility operating under APHIS author- paragraph (c)(1)(iv)(C) of this section, ization on August 3, 2009 must be ap- the Administrator will also automati- proved by APHIS to continue quar- cally withdraw approval when the oper- antine operations by August 3, 2010 or ator of any approved facility notifies else must cease horse quarantine oper- the APHIS Veterinarian in Charge for ations. the State in which the facility is lo- (2) Compliance agreement. (i) All per- cated, in writing, that the facility is no manent, privately owned quarantine longer in operation. 13 facilities for horses must operate in ac- (C) The Administrator may deny or cordance with a compliance agreement withdraw approval of a permanent, pri- executed by the operator or his or her vately owned facility if: agent and the Administrator, which (1) Any requirement of this section or must be renewed on an annual basis. the compliance agreement is not com- (ii) The compliance agreement must plied with; or provide that: (2) The operator fails to remit any (A) The facility must meet all appli- charges for APHIS services rendered; cable requirements of this section; or (B) The operator agrees to have (3) The operator or a person respon- APHIS representatives present at all sibly connected with the business of import quarantine operations at the fa- the quarantine facility acts as a paid cility in order to monitor the import agent (broker) for the importation or quarantine operations; subsequent sale of horses; or (C) The operator agrees to be respon- (4) The operator or a person responsible for the cost of the facility; all sibly connected with the business of costs associated with its maintenance the quarantine facility is or has been and operation; all costs associated with found by a court of competent jurisdic- the hiring of employees and other per- tion to have violated any law or regu- sonnel to attend to the horses as well lation pertaining to the importation or as to maintain and operate the facility; quarantine of any animal; or all costs associated with the care of (5) The operator or a person respon- quarantined horses, such as feed, bed- sibly connected with the business of ding, medicines, inspections, testing, the quarantine facility is or has been laboratory procedures, and necropsy convicted of any crime involving fraud, bribery, or extortion or any other examinations; and all APHIS charges crime involving a lack of the integrity for the services of APHIS representa- needed for the conduct of operations af- tives in accordance with this section fecting the importation of animals; or and part 130 of this chapter; (6) The approved quarantine facility (D) The operator agrees to bar from has not been in use to quarantine the facility any employee or other per- horses for a period of at least 1 year. sonnel at the facility who fails to com- (D) For the purposes of this section, ply with paragraph (c) of this section a person is deemed to be responsibly or other provisions of this part, any connected with the business of the terms of the compliance agreement, or related instructions from APHIS representatives; 13 The name and address of the Veteri- narian in Charge in any State is available (E) The operator agrees to dem- from APHIS, Veterinary Services, National onstrate, to the satisfaction of the Ad- Center for Import and Export, 4700 River ministrator, that the routine cleaning Road Unit 39, Riverdale, MD 20737–1231. and maintenance of the facility, the

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daily care of animals in quarantine, cility must be equipped with a secure the disposal of wastes at the facility, and lockable door. While horses are in the cleaning and disinfection proce- quarantine, all access to the quar- dures employed by the facility, the antine area for horses must be from handling, washing, and disposal of within the building, and each such soiled and contaminated clothing worn entryway to the quarantine area must within the facility, and the disposal of be equipped with a series of solid self- dead horses, whether onsite or offsite, closing double doors. Emergency exits adhere to the best practices of biologi- to the outside are permitted in the cal security and animal care; quarantine area. Such emergency exits (F) The operator agrees to random must be constructed so as to permit spot audits by APHIS representatives their being opened from the inside of to determine whether employees and the facility only. other personnel are complying with (C) Windows and other openings. The these practices; and facility must be constructed so that (G) The operator of the facility al- any windows or other openings in the lows the Administrator to amend the quarantine area are double-screened compliance agreement at any time with screening of sufficient gauge and after approval of the facility in order mesh to prevent the entry or exit of in- to incorporate related instructions sects and other vectors of diseases of issued by APHIS representatives while horses and to provide ventilation suffi- the facility is operational cient to ensure the comfort and safety (3) Physical plant requirements. The fa- of all horses in the facility. The inte- cility must meet the following require- rior and exterior screens must be sepa- ments as determined by an APHIS in- rated by at least 3 inches (7.62 cm). All spection prior to admitting horses into screening of windows or other openings the facility: must be easily removable for cleaning, (i) Location. The quarantine facility but must otherwise remain locked and must be located in proximity to a port secure at all times in a manner satis- authorized under § 93.303(e). The site factory to APHIS representatives in and the specific routes for the move- order to ensure the biological security ment of horses from the port to the of the facility. site must be approved by the Adminis- (D) Lighting. The entire facility, in- trator based on consideration of wheth- cluding its stalls and hallways, must er the site or routes would put the have adequate lighting. horses in a position that could result in (E) Loading docks. The facility must the transmission of communicable dis- have separate docks for animal receiv- eases to domestic horses. ing and releasing and for general re- (ii) Construction. The facility must be ceiving and pickup, unless a single of sound construction, in good repair, dock used for both purposes is cleaned and properly designed to prevent the and disinfected after each use in ac- escape of quarantined horses. It must cordance with paragraph (c)(4)(iv)(F) of have adequate capacity to receive and this section. house shipments of horses as lots on an (F) Surfaces. The facility must be ‘‘all in, all out’’ basis, whereby sepa- constructed so that the floor surfaces rate lots of horses can be received and with which horses have contact are housed without contact with any other nonslip and wear-resistant. All floor lots being quarantined at the facility. surfaces with which the horses, their The facility must include the fol- excrement, or discharges have contact lowing: must provide for adequate drainage. (A) Perimeter fencing. The facility All floor and wall surfaces with which must be surrounded by a security fence the horses, their excrement, or dis- of sufficient height and design to pre- charges have contact must be imper- vent the entry of unauthorized people vious to moisture and be able to with- and animals from outside the facility stand frequent cleaning and disinfec- and to prevent the escape of the horses tion without deterioration. Ceilings in quarantine. and wall surfaces with which the (B) Entrances and exits. All entryways horses, their excrement, or discharges into the nonquarantine area of the fa- do not have contact must be able to

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withstand cleaning and disinfection be- for APHIS use with enough room for a tween shipments of horses. All floor desk, chair, and filing cabinet. and wall surfaces must be free of sharp (L) Necropsy area. The facility must edges that could cause injury to horses. either include an area for conducting (G) Horse stalls. The stalls in which necropsies onsite or must have des- horses are kept must be large enough ignated an alternate facility at which a to allow each animal to make normal suitable necropsy area is available. If postural and social adjustments with the facility has a necropsy area, it adequate freedom of movement. Exer- must be of sufficient size to perform cise equipment for horses may be kept necropsies on horses and be equipped in the stalls, provided that there will with adequate lighting, hot and cold still be sufficient space within the running water, a drain, a cabinet for stalls for the horses to move freely storing instruments, a refrigerator- once the equipment is installed. freezer for storing specimens, and an (H) Aisleways. The aisleways through autoclave to sterilize veterinary equip- which horses are moved to and from ment. If the facility does not have such stalls must be wide enough to provide an area, it must specify an alternate for safe movement of horses, including facility at which a suitable necropsy allowing horses to turn around in the area is available, a route from the aisleway, preventing horses in facing quarantine facility to the alternate fa- stalls from coming into contact with cility’s necropsy area, and the safe- horses in the aisleway, and adequately guards that will be in place to ensure ventilating the stalls. that communicable diseases of horses (I) Means of isolation. Physical bar- are not spread during transit. This al- riers must separate different lots of ternate facility and transport method- horses in the facility so that horses in ology must be approved by the Admin- one lot cannot have physical contact istrator under the procedures for re- with horses in another lot or with their questing variances outlined in para- excrement or discharges. Stalls must graph (c)(6) of this section. be available that are capable of iso- (M) Storage. The facility must have lating any horses exhibiting signs of sufficient storage space for equipment illness. and supplies used in import quarantine (J) Showers. A shower must be lo- operations. Storage space must include cated at each entrance to the quar- separate, secure storage for pesticides antine area. If the facility has a ne- and for medical and other biological cropsy area, a shower must be located supplies, as well as a separate vermin- at the entrance to the necropsy area. A clothes-storage and clothes-changing proof storage area for feed and bedding, area must be provided with each show- if feed and bedding are stored at the fa- er area. There must also be one or cility. If the facility has multiple lot- more receptacles near each shower so holding areas, then separate storage that clothing that has been worn into space for any reusable supplies and the quarantine area can be deposited in equipment that are not disinfected a receptacle prior to entering the show- after each use in accordance with part er. 71 of this chapter must be provided for (K) APHIS space. The facility must each lot-holding area. have adequate space for APHIS rep- (N) Additional space needs. The facil- resentatives to conduct examinations ity must have an area for washing and and testing of the horses in quarantine, drying clothes, linens, and towels and prepare and package samples for mail- an area for cleaning and disinfecting ing, and store the necessary equipment equipment used in the facility. The fa- and supplies for duplicate samples. The cility must also include a work area for space provided to conduct examina- the repair of equipment. tions and testing must include a refrig- (O) Restrooms. The facility must have erator-freezer in which to store sam- permanent restrooms in both the quar- ples. The examination space must in- antine and nonquarantine areas of the clude equipment to provide for the safe facility. inspection of horses. The facility must (P) Ventilation and climate control. also include a secure, lockable office The facility must be constructed with

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an air handling system capable of con- used bedding, by means of burial, incin- trolling and maintaining the ambient eration, or public sewer. Other waste temperature, air quality, humidity, material must be handled in such a and odor at levels that are not inju- manner that minimizes spoilage and rious or harmful to the health of horses the attraction of pests and must be dis- in quarantine. Air supplied to the quar- posed of by incineration, public sewer, antine area must not be recirculated or or other preapproved manner that pre- reused for other ventilation needs. Air vents the spread of disease. Disposal of handling systems for lot-holding areas wastes must be carried out in accord- must be separate from air handling ance with the terms of the compliance systems for other operational and ad- agreement, and is subject to spot au- ministrative areas of the facility. In dits by APHIS representatives. addition, if the facility is equipped to handle more than one lot of horses at a (G) The capability to dispose of horse time, the air handling system must be carcasses in a manner approved by the adequate to ensure that there is no Administrator and under conditions cross-contamination of air between that minimize the risk of disease separate lot-holding areas. spread from carcasses. (Q) Fire protection. The facility, in- (H) For incineration to be carried out cluding the lot-holding areas, must at the facility, the facility must have have a fire alarm voice communication incineration equipment that is de- system. tached from other facility structures (R) Communication system. The facil- and is capable of burning animal waste ity must have a communication system and refuse. The incineration site must between the nonquarantine and quar- also include an area sufficient for solid antine areas of the facility. waste holding. Incineration may also (iii) Sanitation. To ensure that proper take place at a local site away from animal health and biological security the facility premises. All incineration measures are observed, the facility activities, whether onsite or offsite, must have the following: must be carried out in accordance with (A) Equipment and supplies nec- the terms of the compliance agree- essary to maintain the facility in clean ment, and are subject to spot audits by and sanitary condition, including pest APHIS representatives. control equipment and supplies and (I) The capability to control surface cleaning and disinfecting equipment with adequate capacity to disinfect the drainage and effluent into, within, and facility and equipment. from the facility in a manner that pre- (B) Any reusable equipment and sup- vents the spread of disease into, with- plies that are not disinfected after each in, or from the facility. If the facility use in accordance with part 71 of this is approved to handle more than one chapter maintained separately for each lot of horses at the same time, the lot of horses. drainage system must be adequate to (C) Equipment and supplies used in ensure that there is no cross-contami- the quarantine area maintained sepa- nation between lot-holding areas. rately from equipment and supplies (iv) Security. Facilities must provide used in the nonquarantine area. the following security measures: (D) A supply of potable water ade- (A) The facility and premises must be quate to meet all watering and clean- kept locked and secure at all times ing needs, with water faucets for hoses while horses are in quarantine. located throughout the facility. An (B) The facility and premises must emergency supply of water for horses have signs indicating that the facility in quarantine must also be maintained. is a quarantine area and no visitors are (E) A stock of disinfectant authorized allowed. in part 71 of this chapter or otherwise approved by the Administrator that is (C) The facility and premises must be sufficient to disinfect the entire facil- guarded at all times by one or more ity. representatives of a bonded security (F) The capability to dispose of company, or, alternatively, the facility wastes, including manure, urine, and

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must have an electronic security sys- privately owned quarantine facility tem that indicates the entry of unau- may only be conducted with the phys- thorized persons into the facility. Elec- ical presence of and monitoring by tronic security systems must be co- APHIS representatives. APHIS rep- ordinated through or with the local po- resentatives are also authorized to per- lice so that monitoring of the quar- form the services required by this sec- antine facility is maintained whenever tion and by the compliance agreement. APHIS representatives are not at the (B) If, as the result of a spot audit, or facility. The electronic security sys- for any other reason, APHIS deter- tem must be of the ‘‘silent type’’ and mines that the operator has failed to must be triggered to ring at the moni- properly care for, feed, or handle quar- toring site and not at the facility. The antined horses as required in this para- electronic security system must be ap- graph (c) or in accordance with the proved by Underwriter’s Laboratories. terms of the compliance agreement, or The operator must provide written in- has failed to maintain and operate the structions to the monitoring agency facility as provided in this paragraph stating that the police and a represent- (c) or in accordance with the terms of ative of APHIS designated by APHIS the compliance agreement, APHIS rep- must be notified by the monitoring resentatives will furnish such services, agency if the alarm is triggered. The will make arrangements for the sale or operator must also submit a copy of disposal of quarantined horses at the those instructions to the Adminis- quarantine facility owner’s expense, or trator. The operator must notify the will begin the process for withdrawal of designated APHIS representative approval of the quarantine facility whenever a breach of security occurs or specified in paragraph (c)(1)(iv) of this is suspected of having occurred. In the section. event that disease is diagnosed in quar- (ii) Personnel. (A) The operator must antined horses, the Administrator may provide adequate personnel to main- require the operator to have the facil- tain the facility and care for the horses ity guarded by a bonded security com- in quarantine, including attendants to pany in a manner that the Adminis- care for and feed horses, and other per- trator deems necessary to ensure the biological security of the facility. sonnel as needed to maintain, operate, (D) The operator must furnish a tele- and administer the facility. phone number or numbers to APHIS at (B) The operator must provide APHIS which the operator or his or her agent with an up-to-date list of all personnel can be reached at all times. who have access to the facility. The (E) APHIS is authorized to place list must include the names, current APHIS seals on any or all entrances residential addresses, and employee and exits of the facility when deter- identification numbers of each person. mined necessary by APHIS and to take When the operator wishes to grant ac- all necessary steps to ensure that such cess to the facility to persons who have seals are broken only in the presence of not previously had access to it, the op- an APHIS representative. If someone erator must update the list prior to other than an APHIS representative such persons having access to the quar- breaks such seals, APHIS will consider antine facility. the act a breach in security and APHIS (C) The operator must provide APHIS representatives will make an imme- with signed statements from each em- diate accounting of all horses in the fa- ployee and any other personnel hired cility. If a breach in security occurs, by the operator and working at the fa- APHIS may extend the quarantine pe- cility in which the person agrees to riod as long as necessary to determine comply with paragraph (c) of this sec- that the horses are free of commu- tion and applicable provisions of this nicable diseases. part, all terms of the compliance (4) Operating procedures. The fol- agreement, and any related instruc- lowing procedures must be observed at tions from APHIS representatives per- the facility at all times: taining to import quarantine oper- (i) Oversight by APHIS representatives. ations, including contact with animals (A) Import quarantine operations at a both inside and outside the facility.

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(iii) Authorized access. Access to the prior to being used in the quarantine facility premises as well as inside the area of the facility with a disinfectant quarantine area will be granted only to authorized in part 71 of this chapter or APHIS representatives, authorized em- otherwise approved by the Adminis- ployees, and other personnel of the op- trator. The equipment must remain erator assigned to work at the facility. dedicated to the facility for the entire All other persons are prohibited from quarantine period. Any equipment used the premises unless specifically grant- with quarantined horses (e.g., halters, ed access by an APHIS representative. floats, feed, water buckets, and exer- Any visitors granted access must be ac- cise equipment) must remain dedicated companied at all times by an APHIS to that particular lot of quarantined representative while on the premises or horses for the duration of the quar- in the quarantine area of the facility. antine period or be cleaned and dis- (iv) Sanitary requirements. (A) All per- infected before coming in contact with sons granted access to the quarantine horses from another lot. Prior to its re- area must: moval from the quarantine premises, (1) Shower when entering and leaving any equipment must be cleaned and the quarantine area; disinfected in accordance with the (2) Shower when leaving the necropsy terms of the compliance agreement. area if a necropsy is in the process of APHIS representatives may conduct being performed or has just been com- spot audits of all cleaning and disinfec- pleted, or if all or portions of the exam- tion of equipment. ined animal remain exposed; (E) Any vehicle, before entering or (3) Wear clean protective work cloth- leaving the quarantine area of the fa- ing and footwear upon entering the cility, must be cleaned and disinfected quarantine area; in accordance with the terms of the (4) Wear disposable gloves when han- compliance agreement within a time dling sick horses and then wash hands period authorized by the APHIS rep- after removing gloves; and resentative and with a disinfectant au- (5) Change protective clothing, foot- thorized in part 71 of this chapter or wear, and gloves when they become otherwise approved by the Adminis- soiled or contaminated. trator. APHIS representatives may (B) The operator is responsible for conduct spot audits of all cleaning and providing a sufficient supply of cloth- disinfection of vehicles. ing and footwear to ensure that all per- (F) If the facility has a single loading sons provided access to the quarantine dock, the loading dock must be cleaned area at the facility have clean, protec- and disinfected after each use in active clothing, and footwear when they cordance with the terms of the compli- enter the quarantine area. ance agreement within a time period (C) The operator is responsible for authorized by the APHIS representa- the handling, washing, and disposal of tive and with a disinfectant authorized soiled and contaminated clothing worn in part 71 of this chapter or otherwise within the quarantine facility in ac- approved by the Administrator. APHIS cordance with the terms of the compli- representatives may conduct spot au- ance agreement. At the end of each dits of all cleaning and disinfection of workday, work clothing worn into the the loading dock. quarantine area must be collected and (G) That area of the facility in which kept in a bag until the clothing is a lot of horses has been held or has had washed. Used footwear must either be access to must be thoroughly cleaned left in the clothes-changing area or and disinfected, with a disinfectant au- cleaned with hot water (148 °F min- thorized in part 71 of this chapter or imum) and detergent and disinfected in otherwise approved by the Adminis- accordance with the terms of the com- trator, in accordance with the terms of pliance agreement. APHIS representa- the compliance agreement, upon re- tives may conduct spot audits of all lease of the horses before a new lot of handling, cleaning, and/or disposal of horses is placed in that area of the fa- used clothing or used footwear. cility. APHIS representatives may con- (D) All equipment (including trac- duct spot audits of all cleaning and dis- tors) must be cleaned and disinfected infection of lot-holding areas.

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(v) Handling of the horses in quar- accomplished within 10 days of the date antine. (A) All horses must be handled that the importer is notified by the in accordance with paragraph (a) of overseeing APHIS representative that this section. the horse has been refused entry into (B) Each lot of horses to be quar- the United States. APHIS representa- antined must be placed in the facility tives must be physically present at and on an ‘‘all-in, all out’’ basis. No horse directly monitor the subsequent dis- may be taken out of the lot while it is position of the horse. The operator in quarantine, except for diagnostic must have a preapproved contingency purposes or as provided in paragraph plan for the disposal of all horses (a)(4) of this section, and no horse may housed at the facility prior to issuance be added to the lot while the lot is in of the import permit. quarantine. Once import quarantine (I) Vaccination of horses in quar- operations have been completed on a antine is prohibited. However, once im- lot, but while the lot is still at the fa- port quarantine operations have been cility, a horse may be removed from completed on a lot, but while the lot is that lot. still at the facility, horses in that lot (C) The facility must provide suffi- may be vaccinated. cient feed and bedding for the horses in (vi) Records. (A) The facility operator quarantine, and it must be free of must maintain a current daily record vermin and not spoiled. Feed and bed- to record the entry and exit of all per- ding must originate from an area that sons entering and leaving the quar- is not listed in part 72 of this chapter antine facility. as an area quarantined for splenetic or (B) The operator must maintain the tick fever. daily record, along with any records (D) Breeding of horses or collection kept by APHIS and deposited with the of germplasm from horses is prohibited operator, for at least 2 years following during the quarantine period. the date of release of the horses from (E) Horses in quarantine will be sub- quarantine and must make such jected to such tests and procedures as records available to APHIS representa- directed by an APHIS representative to tives upon request. determine whether they are free from (5) Environmental quality. If APHIS communicable diseases of horses. determines that a privately operated (F) Any death or suspected illness of quarantine facility does not meet ap- horses in quarantine must be reported plicable local, State, or Federal envi- immediately to APHIS. The affected ronmental regulations, APHIS may horses must be disposed of as the Ad- deny or suspend approval of the facility ministrator may direct, or depending until appropriate remedial measures on the nature of the disease, must be have been applied. cared for as directed by APHIS to pre- (6) Variances. The Administrator may vent the spread of the disease. grant variances to existing require- (G) Quarantined horses requiring spe- ments relating to location, construc- cialized medical attention or addition, and other design features of the tional postmortem testing may be physical facility, as well as to sanita- transported off the quarantine site, if tion, security, operating procedures, authorized by APHIS. A second quar- recordkeeping, and other provisions of antine site must be established to paragraph (c) of this section, but only house the horses at the facility of des- if the Administrator determines that tination (e.g., veterinary teaching hos- the variance causes no detrimental im- pital). In such cases, APHIS may ex- pact to the overall biological security tend the quarantine period for that of the import quarantine operations. horse and for its lot until the results of The operator must submit a request for any outstanding tests or postmortem a variance from the requirements for results are received. the construction of the facility in para- (H) Should a horse be determined to graph (c)(3) of this section to the Ad- be infected with or exposed to a Feder- ministrator in writing prior to the con- ally regulated disease of horses, ar- struction of the facility. The operator rangements for the final disposition of must submit a request for a variance the infected or exposed horse must be from the operational requirements in

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paragraph (c)(4) of this section to the ployee of APHIS for damages which Administrator in writing at least 30 may arise from such services. The Ad- days in advance of the arrival of horses ministrator, may prescribe reasonable to the facility. Any variance must also rates for the services provided under be expressly provided for in the compli- this paragraph. When it is found nec- ance agreement. essary to extend the usual minimum (Approved by the Office of Management and quarantine period, the importer, or his Budget under control number 0579–0313) or her agent, shall be so advised in writing and shall pay for such addi- [55 FR 31495, Aug. 2, 1990] tional quarantine and other services EDITORIAL NOTE: For FEDERAL REGISTER ci- required. Payment for all services re- tations affecting § 93.308, see the List of CFR ceived by the importer, or his or her Sections Affected, which appears in the agent, in connection with each sepa- Finding Aids section of the printed volume and at www.govinfo.gov. rate lot of horses shall be made by certified check or U.S. money order prior § 93.309 Horse quarantine facilities; to release of the horses. If such pay- payment information. ment is not made, the horses may be (a) Privately operated quarantine facili- sold in accordance with the procedure ties. The importer, or his or her agent, described in paragraph (b) of this sec- of horses subject to quarantine under tion, or otherwise disposed of as di- the regulations in this part shall ar- rected by the Administrator. range for acceptable transportation to (b) Quarantine facilities maintained by the privately operated quarantine fa- APHIS. The importer, or his or her cility and for the care, feed, and han- agent, of horses subject to quarantine dling of the horses from the time of un- under the regulations in this part shall loading at the quarantine port to the arrange for acceptable transportation time of release from quarantine. Such to the quarantine facility, and for the arrangements shall be agreed to in ad- care, feed, and handling of the horses vance by the Administrator. All ex- from the time they arrive at the quar- penses resulting therefrom or incident antine port to the time of release from thereto shall be the responsibility of quarantine. Such arrangements shall the importer; APHIS assumes no re- be agreed to in advance by the Admin- sponsibility with respect thereto. The istrator. The importer or his or her quarantine facility must be suitable for agent shall request in writing such in- the quarantine of such horses and must spection and other services as may be be approved by the Administrator prior required, and shall waive all claim to the issuance of any import permit. against the United States and APHIS The facilities occupied by horses or any employee of APHIS, for dam- should be kept clean and sanitary to ages which may arise from such serv- the satisfaction of the inspector as- ices. All expenses resulting therefrom signed to supervise the quarantine. If or incident thereto shall be the respon- for any cause the care, feed, or han- sibility of the importer; APHIS as- dling of horses, or the sanitation of the sumes no responsibility with respect facilities, is neglected, in the opinion thereto. The Administrator may pre- of the inspector assigned to supervise scribe reasonable rates for the services the quarantine, such services may be provided under this paragraph. When it furnished by APHIS in the same man- is found necessary to extend the usual ner as though arrangements had been minimum quarantine period, the im- made for such services as provided by porter, or his or her agent, shall be so paragraph (b) of this section, and/or the advised in writing and shall pay for horses may be disposed of as the Ad- such additional quarantine and other ministrator, may direct, including sale services required. Payment for services in accordance with the procedure de- received by the importer, or his or her scribed in paragraph (b) of this section. agent, in connection with each sepa- The importer, or his or her agent, shall rate lot of horses shall be made by cer- request in writing such inspection and tified check or U.S. money order prior other services as may be required, and to release of the horses. If such pay- shall waive all claim against the ment is not made, the horses may be United States and APHIS or any em- sold in accordance with the procedure

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described in this paragraph or other- tive. No exhibition or sale shall be al- wise disposed of as directed by the Ad- lowed within the quarantine grounds. ministrator. When payment is not [74 FR 31601, July 2, 2009] made and the horses are to be sold to recover payment for services received, § 93.311 Milk from quarantined horses. the importer, or his or her agent, will be notified by the inspector that if said Milk or cream from horses quar- charges are not immediately paid or antined under the provisions of this satisfactory arrangements made for part shall not be used by any person payment, the horses will be sold at other than those in charge of such public sale to pay the expense of care, horses, nor be fed to any animals other feed, and handling during that period. than those within the same enclosure, The sale will be held after the expira- without permission of the inspector in tion of the quarantine period, at such charge of the quarantine station and time and place as may be designated by subject to such restrictions as he or the General Services Administration or she may consider necessary to each in- other designated selling agent. The stance. No milk or cream shall be re- proceeds of the sale, after deducting moved from the quarantine premises the charges for care, feed, and handling except in compliance with all State of the horses and other expenses, in- and local regulations. cluding the expense of the sale, shall be held in a Special Deposit Account in § 93.312 Manure from quarantined horses. the United States Treasury for 6 months from the date of sale. If not No manure shall be removed from the claimed by the importer, or his or her quarantine premises until the release agent, within 6 months from the date of the horses producing same. of sale, the amount so held shall be transferred from the Special Deposit § 93.313 Appearance of disease among horses in quarantine. Account to the General Fund Account in the United States Treasury. If any contagious disease appears (c) Amounts collected from the im- among horses during the quarantine porter, or his or her agent, for service period special precautions shall be rendered shall be deposited so as to be taken to prevent spread of the infec- available for defraying the expenses in- tion to other animals in the quarantine volved in this service. station or to those outside the grounds. The affected horses shall be disposed of § 93.310 Quarantine stations, visiting as the Administrator may direct, de- restricted; sales prohibited. pending upon the nature of the disease. Visitors are not permitted in the quarantine enclosure during any time § 93.314 Horses, certification, and ac- that the horses are in quarantine un- companying equipment. less an APHIS representative specifi- (a) Horses offered for importation cally grants access under such condi- from any part of the world shall be actions and restrictions as may be im- companied by a certificate of a salaried posed by APHIS. An importer (or his or veterinary officer of the national gov- her agent or accredited veterinarian) ernment of the region of origin, or if may be admitted to the lot-holding exported from Mexico, shall be accom- area(s) containing his or her quar- panied either by such a certificate or antined horses at such intervals as by a certificate issued by a veteri- may be deemed necessary, and under narian accredited by the National Gov- such conditions and restrictions as ernment of Mexico and endorsed by a may be imposed, by an APHIS rep- full-time salaried veterinary officer of resentative. On the last day of the the National Government of Mexico, quarantine period, owners, officers or thereby representing that the veteri- registry societies, and others having narian issuing the certificate was au- official business or whose services may thorized to do so, showing that: be necessary in the removal of the (1) The horses described in the cer- horses may be admitted upon written tificate have been in said region during permission from an APHIS representa- the 60 days preceding exportation;

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(2) That each horse has been in- by a salaried veterinary officer of the spected on the premises of origin and national government of each region in found free of evidence of communicable which the horse has been during the 60 disease and, insofar as can be deter- days immediately preceding its ship- mined, exposure thereto during the 60 ment to the United States. The dates days preceding exportation; during which the horse was in each re- (3) That each horse has not been vac- gion during the 60 days immediately cinated with a live or attenuated or in- preceding its exportation to the United activated vaccine during the 14 days States shall be included as a part of the preceding exportation: Provided, how- certification. ever, that in specific cases the Adminis- (c) Following the port-of-entry in- trator may authorize horses that have spection required by § 93.306 of this been vaccinated with an inactivated vaccine to enter the United States part, and before a horse offered for im- when he or she determines that in such portation from any part of the world is cases and under such conditions as he released from the port of entry, an in- or she may prescribe such importation spector may require the horse and its will not endanger the livestock in the accompanying equipment to be dis- United States, and such horses comply infected as a precautionary measure with all other applicable requirements against the introduction of foot-and- of this part; mouth disease or any other disease (4) That, insofar as can be deter- dangerous to the livestock of the mined, no case of African horse sick- United States. ness, dourine, glanders, surra, epizootic [61 FR 52245, Oct. 7, 1996. Redesignated and lymphangitis, ulcerative lymphangitis, amended at 62 FR 56012, 56017, Oct. 28, 1997; 63 equine piroplasmosis, Venezuelan FR 53783, Oct. 7, 1998] equine encephalomyelitis, vesicular stomatitis, or equine infectious anemia CANADA 16 has occurred on the premises of origin or on adjoining premises during the 60 § 93.315 Import permit and declaration days preceding exportation; and for horses. (5) That, except as provided in For all horses offered for importation § 93.301(g): from Canada, the importer or his or her (i) The horses have not been in any agent shall present two copies of a dec- region listed in § 93.301(c)(1) as affected with CEM during the 12 months imme- laration as provided in § 93.305. diately prior to their importation into [55 FR 31495, Aug. 2, 1990. Redesignated and the United States; amended at 62 FR 56012, 56017, Oct. 28, 1997] (ii) The horses have not been on any premises at any time during which § 93.316 Horses from Canada for imme- time such premises were found by an diate slaughter. official of the veterinary services of Horses imported from Canada for im- the national government of the region mediate slaughter shall be consigned where such premises are located, to be from the port of entry directly to a rec- affected with CEM; ognized slaughtering establishment (iii) The horses have not been bred by and there be slaughtered within two or bred to any horses from an affected weeks from the date of entry. Such premises; and horses shall be inspected at the port of (iv) The horses have had no other contact with horses that have been entry and otherwise handled in accord- found to be affected with CEM or with ance with § 93.306. As used in this sec- horses that were imported from regions tion, ‘‘directly’’ means without unload- affected with CEM. ing en route if moved in a means of (b) If a horse is presented for importation from a region where it has been for less than 60 days, the horse must be 16 Importations from Canada shall be sub- accompanied by a certificate that ject to §§ 93.315, 93.316, 93.317 and 93.318, in ad- meets the requirements of paragraph dition to other sections in this part which (a) of this section that has been issued are in terms applicable to such importations.

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conveyance, or without stopping if dorsed by a salaried veterinarian of the moved in any other manner. Canadian Government stating that: (1) The horses were inspected on the [55 FR 31495, Aug. 2, 1990, as amended at 59 premises where assembled for shipment FR 28216, June 1, 1994. Redesignated and amended at 62 FR 56012, 56017, Oct. 28, 1997] to the United States within the 30 days immediately prior to the date of export § 93.317 Horses from Canada. and were found free of evidence of communicable disease, and (a) Except as provided in paragraph (2) As far as can be determined, they (c) of this section, horses from Canada have not been exposed to any such dis- shall be inspected as provided in ease during the 60 days immediately § 93.306; shall be accompanied by a cer- preceding their exportation. tificate as required by § 93.314 which shall include evidence of a negative [55 FR 31495, Aug. 2, 1990, as amended at 56 FR 33863, July 24, 1991. Redesignated and test for equine infectious anemia for amended at 62 FR 56012, 56017, Oct. 28, 1997] which blood samples were drawn during the 180 days preceding exportation to § 93.318 Special provisions. the United States and which test was (a) In-bond shipments from Canada. (1) conducted in a laboratory approved by Horses from Canada transported in- the Canada Department of Agriculture bond through the United States for im- or the United States Department of mediate export shall be inspected at Agriculture; Except, that horses accom- the border port of entry and, when ac- panying their dams which were foaled companied by an import permit ob- after their dam was so tested negative tained under § 93.304 of this part and all need not be so tested; and shall other- conditions therein are observed, shall wise be handled as provided in § 93.314: be allowed entry into the United States Provided, however, That certificates re- and shall be otherwise handled as pro- quired for horses from Canada may be vided in paragraph (b) of § 93.301. Horses either issued or endorsed by a salaried not accompanied by a permit shall veterinarian of the Canadian Govern- meet the requirements of this part in ment: And provided, further, That the same manner as horses destined for USDA veterinary port inspection is not importation into the United States, ex- required for horses imported from Can- cept that the Administrator may per- ada under temporary Customs author- mit their inspection at some other ization for a period of 30 days from the point when he or she finds that such date of issue of the certificate and the action will not increase the risk that certificate issued is valid for an unlim- communicable diseases of livestock ited number of importations into the and poultry will be disseminated to the United States during the 30-day period. livestock or poultry of the United (b) Horses of United States origin States. that are imported into Canada under (2) In-transit shipments through Can- an export health certificate valid for a ada. Horses originating in the United period of 30 days from the date of issue States and transported directly may re-enter the United States an un- through Canada may re-enter the limited number of times during the 30- United States without Canadian health day period, without USDA veterinary or test certificates when accompanied port inspection, at any Custom land by copies of the United States export border port of entry designated for ani- health certificates properly issued and mals from Canada, if accompanied by endorsed in accordance with regula- the original export health certificate tions in part 91 of this chapter: Pro- under which they were permitted entry vided, That, to qualify for entry, the into Canada. date, time, port of entry, and signature (c) Horses for immediate slaughter of the Canadian Port Veterinarian that may be imported from Canada without inspected the horses for entry into the certification prescribed in para- Canada shall be recorded on the United graph (a) of this section, but shall be States health certificate, or a paper subject to the other applicable provi- containing the information shall be at- sions of this part, and shall be accom- tached to the certificate that accompanied by a certificate issued or en- panies the horses. In all cases it shall

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be determined by the veterinary in- her agent shall present two copies of a spector at the United States port of declaration as provided in § 93.305. entry that the horses are the identical [55 FR 31495, Aug. 2, 1990. Redesignated and horses covered by said certificate. amended at 62 FR 56012, 56017, Oct. 28, 1997] (b) Exhibition horses. Except as provided in § 93.317(b), horses from the § 93.320 Horses from Central America United States which have been exhib- and the West Indies. ited at the Royal Agricultural Winter Horses from Central America and the Fair at Toronto or other publicly rec- West Indies shall be inspected as pro- ognized expositions in Canada, includ- vided in § 93.306; shall be accompanied ing racing, horse shows, rodeo, circus, by a certificate and otherwise handled or stage exhibitions in Canada, and as provided in § 93.314; and shall be have not been in that region for more quarantined and tested as provided in than 90 days are eligible for return to § 93.308(a), (b) and (c): Provided, That the United States without Canadian any such horses that are found to be in- health or test certificates, if they are fested with fever ticks, Boophilus accompanied by copies of the United annulatus, shall not be permitted entry States health certificate, issued and until they have been freed therefrom endorsed in accordance with the export by dipping in a permitted arsenical so- regulations contained in part 91 of this lution or by other treatment approved chapter for entry into Canada: Pro- by the Administrator. vided, That in the case of horses for exhibition, including race horses, the cer- [55 FR 31495, Aug. 2, 1990. Redesignated and tificates shall certify that negative re- amended at 62 FR 56012, 56017, Oct. 28, 1997] sults were obtained from official tests MEXICO 18 for equine infectious anemia for which blood samples were drawn within 180 § 93.321 Import permits and applica- days of the date that the horses are of- tions for inspection for horses. fered for return to the United States: For horses intended for importation And, provided further, That all horses into the United States from Mexico, offered for re-entry upon examination the importer or his or her agent shall by the veterinary inspector at the U.S. deliver to the veterinary inspector at port of entry, are found by the inspec- the port of entry an application, in tor to be free of communicable diseases writing, for inspection, so that the vet- and exposure thereto and are deter- erinary inspector and customs rep- mined to be the identical horses cov- resentatives may make mutually satis- ered by said certificates or are the nat- factory arrangements for the orderly ural increase of such horses born after inspection of the horses. The veteri- official test dates certified on the nary inspector at the port of entry will dam’s health certificate. provide the importer or his or her [55 FR 31495, Aug. 2, 1990. Redesignated and agent with a written statement assign- amended at 62 FR 56012, 56017, Oct. 28, 1997] ing a date when the horses may be presented for import inspection. CENTRAL AMERICA AND THE WEST INDIES 17 § 93.322 Declaration for horses. § 93.319 Import permit and declaration For all horses offered for importation for horses. from Mexico, the importer or his or her agent shall present two copies of a dec- For all horses offered for importation laration as provided in § 93.305. from regions of Central America or of the West Indies, the importer or his or [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56017, Oct. 28, 1997] 17 Importations from regions of Central America and the West Indies shall be subject 18 Importations from Mexico shall be sub- to §§ 93.319 and 93.320, in addition to other ject to §§ 93.321 to 93.326 inclusive, in addition sections in this subpart, which are in terms to other sections in this subpart which are in applicable to such importations. terms applicable for such importations.

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§ 93.323 Inspection. jected to such other inspections and (a) All horses offered for entry from disinfections deemed necessary by the Mexico, including such horses intended Administrator, and they shall be re- for movement through the United leased from quarantine only if found to States in bond for immediate return to be free from any communicable disease Mexico, shall be inspected at a facility upon inspection. described in § 93.324, and all such horses [55 FR 31495, Aug. 2, 1990, as amended at 56 found to be free from communicable FR 15489, Apr. 17, 1991; 58 FR 45238, Aug. 27, disease and fever tick infestation, and 1993; 59 FR 67614, Dec. 30, 1994; 60 FR 5128, not to have been exposed thereto, shall Jan. 26, 1995; 61 FR 39853, July 31, 1996; 61 FR be admitted into the United States 52246, Oct. 7, 1996. Redesignated at 62 FR 56012, 56017, Oct. 28, 1997, as amended at 63 FR subject to the other applicable provi- 3640, Jan. 26, 1998] sions of this part. Horses found to be affected with or to have been exposed § 93.325 Horses from Mexico. to a communicable disease, or infested Horses offered for entry from Mexico with fever ticks, shall be refused entry. shall be inspected as provided in Horses refused entry, unless exported §§ 93.306 and 93.323; shall be accom- within a time fixed in each case by the panied by a certificate and otherwise Administrator, shall be disposed of as handled as provided in § 93.314; and said Administrator may direct. shall be quarantined and tested as pro- (b) Horses covered by paragraph (a) of vided in § 93.324: Provided, That horses this section shall be imported through facilities described in § 93.324, which are offered for importation from tick-in- equipped with facilities necessary for fected areas of Mexico shall be chute proper chute inspection, dipping, and inspected, unless in the judgment of testing, as provided in this part. the inspector a satisfactory inspection can be made otherwise. If upon inspec- [55 FR 31495, Aug. 2, 1990, as amended at 58 tion they are found to be apparently FR 45238, Aug. 27, 1993. Redesignated at 62 FR free from fever ticks, before entering 56012, 56017, Oct. 28, 1997] the United States they shall be dipped § 93.324 Detention for quarantine. once in a permitted arsenical solution or be otherwise treated in a manner ap- Horses intended for importation from proved by the Administrator. Mexico shall be quarantined until they qualify for release from such quar- [55 FR 31495, Aug. 2, 1990. Redesignated and antine, either at an APHIS facility des- amended at 62 FR 56012, 56017, Oct. 28, 1997] ignated in § 93.303 (a) or at a facility in § 93.326 Horses for immediate slaugh- Mexico. In order to qualify for such re- ter. lease, all horses while so detained shall test negative to an official test for dou- Horses may be imported from Mex- rine, glanders, equine piroplasmosis, ico, subject to the applicable provi- equine infectious anemia, 19 and such sions of §§ 93.321, 93.322, and 93.323 for other tests that may be required by the immediate slaughter if accompanied by Administrator to determine their free- a certificate of a salaried veterinarian dom from other communicable dis- of the Mexican Government, or by a eases. Such horses shall also be sub- certificate issued by a veterinarian accredited by the Mexican Government and endorsed by a salaried veterinarian 19 In view of the fact that official test for dourine and glanders are run exclusively at of the Mexican Government, thereby the National Veterinary Services Labora- representing that the veterinarian tory, Ames, Iowa, protocols for these tests issuing the certificate was authorized have not been published and are therefore to do so, stating that he or she has in- not available; copies of ‘‘Protocol for the spected such horses on the premises of Complement-Fixation Test for Equine origin and found them free of evidence Piroplasmosis’’ and ‘‘Protocol for the of communicable disease, and that, so Immuno-Diffusion (Coggins) Test for Equine far as it has been possible to deter- Infectious Anemia’’ may be obtained from the Animal and Plant Health Inspection mine, they have not been exposed to Service, Veterinary Services, National Cen- any such disease common to animals of ter for Import-Export, 4700 River Road Unit their kind during the preceding 60 38, Riverdale, Maryland 20737–1231. days, and if the horses are shipped by

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rail or truck, the certificate shall fur- Animal and Plant Health Inspection ther specify that the horses were load- Service. Animal and Plant Health In- ed into cleaned and disinfected cars or spection Service of the United States trucks for transportation directly to Department of Agriculture (APHIS or the port of entry. Such horses shall be Service). consigned from a facility described in Animals. Cattle, sheep, goats, other § 93.324 to a recognized slaughtering es- ruminants, swine, horses, asses, mules, tablishment and there slaughtered zebras, dogs, and poultry. within 2 weeks from the date of entry. APHIS representative. A veterinarian Such horses shall be moved from the or other individual employed by the port of entry in conveyances sealed Animal and Plant Health Inspection with seals of the United States Govern- Service, United States Department of ment. Agriculture, who is authorized to per- [55 FR 31495, Aug. 2, 1990, as amended at 57 form the services required by this part. FR 28080, June 24, 1992; 58 FR 45238, Aug. 27, Area veterinarian in charge (AVIC). 1993; 60 FR 5128, Jan. 26, 1995; 61 FR 39853, The veterinary official of APHIS who is July 31, 1996. Redesignated and amended at assigned by the Administrator to su- 62 FR 56012, 56017, Oct. 28, 1997; 63 FR 3640, pervise and perform the official animal Jan. 26, 1998] health work of APHIS in the State concerned. Subpart D—Ruminants As a group. Collectively, in such a manner that the identity of the ani- SOURCE: 55 FR 31495, Aug. 2, 1990, unless mals as a unique group is maintained. otherwise noted. Redesignated at 62 FR 56012, Authorized USDA representative. An Oct. 28, 1997. APHIS Veterinary Services employee, a USDA Food Safety and Inspection § 93.400 Definitions. Service inspector, a State representa- Wherever in this subpart the fol- tive, an accredited veterinarian, or an lowing terms are used, unless the con- employee of an accredited veteri- text otherwise requires, they shall be narian, slaughtering establishment, or construed, respectively, to mean: feedlot who is designated by the ac- Accredited herd for brucellosis. A herd credited veterinarian or management that meets APHIS’ standards for ac- of the slaughtering establishment or creditation for brucellosis status. feedlot to perform the function in- Standards for accreditation are speci- volved. In order to designate an em- fied in import protocols. ployee to break official seals, an ac- Accredited herd for tuberculosis. A herd credited veterinarian or the manage- that meets APHIS’ standards for ac- ment of a slaughtering establishment creditation for bovine tuberculosis sta- or feedlot must first supply in writing tus. Standards for accreditation are the name of the designated individual specified in import protocols. to the APHIS AVIC in the State where Accredited veterinarian. A veteri- the seals will be broken. Additionally, narian approved by the Administrator the management of a slaughtering es- in accordance with the provisions of tablishment or feedlot must enter into part 161 of this title to perform func- an agreement with Veterinary Services tions specified in parts 1, 2, 3, and 11 of in which the management of the facil- subchapter A, and subchapters B, C, ity agrees that only designated individ- and D of this chapter, and to perform uals will break the seals, that the facil- functions required by cooperative ity will contact an APHIS representa- state-federal disease control and eradi- tive or USDA Food Safety and Inspec- cation programs. tion Service inspector immediately if Administrator. The Administrator of the seals are not intact when the the Animal and Plant Health Inspec- means of conveyance arrives or if the tion Service or any other employee of animals being transported appear to be the Animal and Plant Health Inspec- sick or injured due to transport condition Service, United States Depart- tions, and that the facility will cooper- ment of Agriculture, to whom author- ate with APHIS representatives, USDA ity has been or may be delegated to act Food Safety and Inspection Service in- in the Administrator’s stead. spectors, and State representatives in

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maintaining records of sealed ship- graphically separated, but among ments received. which there is an interchange or move- Bovine. Bos taurus, Bos indicus, and ment of animals. Bison bison. Herd. Any group of one or more ani- Bovine spongiform encephalopathy mals maintained on common ground; (BSE) minimal risk region. A region list- or two or more groups of animals under ed in § 94.18(a)(3) of this subchapter. common ownership or supervision on Brucellosis. Infection with or disease two or more premises that are geo- caused by Brucella abortus. graphically separated, but among Brucellosis certified free herd. A herd in which there is an interchange or move- which all eligible cattle in the herd ment of animals. were negative to brucellosis tests Herd of origin. A herd of one or more under the Canadian requirements and sires and dams and their offspring from which is officially certified by the Ca- which animals in a consignment pre- nadian Government as a brucellosis sented for export to the United States free listed herd. originate. The herd of origin may be Camelid. All species of the family the birth herd or the herd where the Camelidae, including camels, guanacos, animal has resided for a minimum 4- llamas, alpacas, and vicunas. month period immediately prior to Cattle. Animals of the bovine species. movement, unless otherwise specified Cervid. All members of the family in an import criteria. Additional ani- Cervidae and hybrids, including deer, mals can be moved into a herd of origin elk, moose, caribou, reindeer, and re- during or after the 4-month qualifying lated species. period only if they: Communicable disease. Any con- (1) Originate from an accredited herd; tagious, infectious, or communicable or disease of domestic livestock, poultry (2) Originate from a herd of origin or other animals. that tested negative to a whole herd Department. The United States De- test conducted within the last 12 partment of Agriculture (USDA). months and the individual animals Designated feedlot. A feedlot that has being moved into the herd also tested been designated by the Administrator negative to any additional individual as one that is eligible to receive sheep tests for tuberculosis and brucellosis and goats imported from a BSE mini- required by the Administrator. mal-risk region and whose owner or le- Immediate slaughter. Consignment di- gally responsible representative has rectly from the port of entry to a rec- signed an agreement in accordance ognized slaughtering establishment 1 with § 93.419(d)(8) of this subpart to ad- and slaughtered within 2 weeks from here to, and is in compliance with, the the date of entry. requirements for a designated feedlot. Import protocol. A document issued by Exporting region. A region from which APHIS and provided to officials of the shipments are sent to the United competent veterinary authority of an States. exporting region that specifies in de- Federal veterinarian. A veterinarian tail the mitigation measures that will employed and authorized by the Fed- comply with the regulations in this eral Government to perform the tasks part regarding the import of certain required by this subpart. animals or commodities. Fever tick. Rhipicephalus annulatus, Individual test. A test for brucellosis Rhipicephalus microplus, and any other or tuberculosis that is approved by the species of tick determined by the Ad- ministrator to be a vector of bovine 1 The name of recognized slaughtering es- babesiosis and specified on the Internet tablishments approved under this part may at http://www.aphis.usda.gov/wps/ portal/ be obtained from the area veterinarian in aphis/ourfocus/importexport. charge for the State of destination of the Flock. Any group of one or more shipment. The name and address of the area veterinarian in charge in any State is avail- sheep maintained on common ground; able from the Animal and Plant Health In- or two or more groups of sheep under spection Service, Veterinary Services, Na- common ownership or supervision on tional Center for Import and Export, 4700 two or more premises that are geo- River Road Unit 39, Riverdale, MD 20737–1231.

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Administrator and that is administered to, official tags, tattoos, and registered individually in accordance with this brands when accompanied by a certifi- part to ruminants that are susceptible cate of inspection from a recognized to brucellosis or tuberculosis. brand inspection authority. For ani- Inspector. Any individual authorized mals intended for importation into the by the Administrator of APHIS or the United States, the device or method of Commissioner of Customs and Border identification used must have been ap- Protection, Department of Homeland proved by the Administrator for that Security, to enforce the regulations in type of import before the animal is ex- this subpart. ported to the United States. Lot. A group of ruminants that, while Officially identified. Individually iden- held on a conveyance or premises, has tified by means of an official identi- opportunity for physical contact with fication device or method. each other or with each other’s excre- Operator. A person other than the ment or discharges at any time be- Federal Government who owns or oper- tween arrival at the quarantine facility ates, subject to APHIS’ approval and and 60 days prior to export to the oversight, a privately owned medium United States. or minimum security quarantine facil- Lot-holding area. That area in a pri- ity. vately owned medium or minimum se- Permitted dip. A dip permitted by the curity quarantine facility in which a Administrator to be used in the official single lot of ruminants is held at one dipping of cattle for fever ticks and for time. dipping cattle and sheep for scabies. Moved directly. Moved without un- Persons. Any individual, corporation, loading and without stopping except company, association, firm, partner- for refueling, or for traffic conditions ship, society or joint stock company. such as traffic lights or stop signs. Port Veterinarian. A veterinarian em- Moved by rail, Moved directly by land. ployed by the Animal and Plant Health truck, or other land vehicle without Inspection Service to perform duties unloading and without stopping except required under this part at a port of for refueling, or for traffic conditions entry. such as traffic lights or stop signs. Positive for a transmissible spongiform Non-negative test results. Any test re- encephalopathy. A sheep or goat for sults for tuberculosis or brucellosis which a diagnosis of a transmissible within the suspect, reactor, or positive spongiform encephalopathy has been range parameters of a pathogen assay made. that has been approved by the Admin- istrator. Premises of origin. Except as otherwise Nonquarantine area. That area of a used in § 93.423 of this subpart, the privately owned medium or minimum premises where the animal was born. security quarantine facility that in- Prevalence. The number of affected cludes offices, storage areas, and other herds occurring during the period spec- areas outside the quarantine area, and ified in §§ 93.437 and 93.440. In some in- that is off limits to ruminants, samples stances, the Administrator may allow taken from ruminants, and any other calculation of prevalence based on af- objects or substances that have been in fected herd-years to avoid penalizing the quarantine area during the quar- regions with small herd numbers. antine of ruminants. Privately owned medium security quar- Notifiable disease. A disease for which antine facility (medium security facility). confirmed or suspected occurrences A facility that: within a region must be reported to the (1) Is owned, operated, and financed competent veterinary authority or by a person other than the Federal other competent authority of that re- Government; gion. (2) Is subject to the strict oversight Official identification device or method. of APHIS representatives; A means of officially identifying an (3) Is constructed, operated, and animal or group of animals using de- maintained in accordance with the re- vices or methods approved by the Ad- quirements for medium security facili- ministrator, including, but not limited ties in § 93.412(d); and

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(4) Provides the necessary level of areas where samples are processed or quarantine services for the holding of examined. ruminants in an indoor, vector-proof Recognized slaughtering establishment. environment prior to the animals’ Any slaughtering establishment oper- entry into the United States. Quar- ating under the provisions of the Fed- antine services would have to include eral Meat Inspection Act (21 U.S.C. 601 testing or observation for any OIE list- et seq.) or a State meat inspection act. 2 ed diseases and other livestock diseases Region. Any defined geographic land exotic to the United States, as well as area identifiable by geological, polit- any other diseases, as necessary, to be ical, or surveyed boundaries. A region determined by the Administrator. may consist of any of the following: Privately owned minimum security (1) A national entity (country); quarantine facility (minimum security fa- (2) Part of a national entity (zone, cility). A facility that: county, department, municipality, par- (1) Is owned, operated, and financed ish, Province, State, etc.); by a person other than the Federal (3) Parts of several national entities Government; combined into an area; or (4) A group of national entities (coun- (2) Is subject to the strict oversight tries) combined into a single area. of APHIS representatives; Ruminants. All animals which chew (3) Is constructed, operated, and the cud, such as cattle, buffaloes, maintained in accordance with the re- sheep, goats, deer, antelopes, camels, quirements for minimum security fa- llamas and giraffes. cilities in § 93.412(d); Spayed heifer. A female bovine that (4) Is used for the quarantine of has been neutered in a manner other- ruminants that pose no significant wise approved by the Administrator risk, as determined by the Adminis- and specified in an import protocol. trator, of introducing or transmitting State representative. A veterinarian or to the U.S. livestock population any other person employed in livestock livestock disease that is biologically sanitary work by a State or political transmissible by vectors; and subdivision of a State who is author- (5) Provides the necessary level of ized by such State or political subdivi- quarantine services for the outdoor sion of a State to perform the function holding of ruminants, prior to the ani- involved under a memorandum of un- mals’ entry into the United States. derstanding with APHIS. Quarantine services would have to in- State veterinarian. A veterinarian em- clude testing or observation for any ployed and authorized by a State or po- OIE listed diseases and other livestock litical subdivision of a State to per- diseases exotic to the United States, as form the tasks required by this sub- well as any other diseases, as nec- part. essary, to be determined by the Admin- Steer. A sexually neutered male bo- istrator. vine. Processed animal protein. Meat meal, Suspect for a transmissible spongiform bone meal, meat-and-bone meal, blood encephalopathy. (1) A sheep or goat that meal, dried plasma and other blood has tested positive for a transmissible products, hydrolyzed protein, hoof spongiform encephalopathy or for the meal, horn meal, poultry meal, feather proteinase resistant protein associated meal, fish meal, and any other similar with a transmissible spongiform products. encephalopathy, unless the animal is Quarantine area. That area of a pri- designated as positive for a trans- vately owned medium or minimum se- missible spongiform encephalopathy; curity quarantine facility that com- or prises all of the lot-holding areas in the (2) A sheep or goat that exhibits any facility and any other areas in the fa- of the following signs and that has cility that ruminants have access to, been determined to be suspicious for a including loading docks for receiving transmissible spongiform and releasing ruminants, and any areas encephalopathy by a veterinarian: used to conduct examinations of ruminants and take samples and any 2 See footnote 1.

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Weight loss despite retention of appe- from a currently accredited herd for tite; behavior abnormalities; pruritus tuberculosis. (itching); wool pulling; biting at legs or World Organization for Animal Health side; lip smacking; motor abnormali- (OIE). The international organization ties such as incoordination, high step- recognized by the World Trade Organi- ping gait of forelimbs, bunny hop zation for setting animal health stand- movement of rear legs, or swaying of ards, reporting global animal situa- back end; increased sensitivity to noise tions and disease status, and pre- and sudden movement; tremor, ‘‘star senting guidelines and recommenda- gazing,’’ head pressing, recumbency, or tions on sanitary measures related to other signs of neurological disease or animal health. chronic wasting. Zoological park. A professionally oper- Swine. The domestic hog and all vari- ated zoo, park, garden or other place, eties of wild hogs. maintained under the constant surveil- Temporary inspection facility. A tem- lance of a Doctor of Veterinary Medi- porary facility that is constructed of cine, for the exhibition of live animals, metal panels that can be erected and pigeons or birds, for the purpose of pub- broken down alongside the transpor- lic recreation or education. tation vessel carrying ruminants that are imported into the United States in [55 FR 31495, Aug. 2, 1990. Redesignated at 62 accordance with § 93.408 of this subpart FR 56012, Oct. 28, 1997] and that will be quarantined at a min- EDITORIAL NOTE: For FEDERAL REGISTER ci- imum or medium security quarantine tations affecting § 93.400, see the List of CFR facilities located more than 1 mile Sections Affected, which appears in the from the port of entry. Finding Aids section of the printed volume Tuberculosis. Infection with or disease and at www.govinfo.gov. caused by Mycobacterium bovis. § 93.401 General prohibitions; excep- United States. All of the States of the tions. United States, the District of Colum- bia, Guam, Northern Mariana Islands, (a) No ruminant or product subject to Puerto Rico, the Virgin Islands of the the provisions of this part shall be United States, and all other Territories brought into the United States except and Possessions of the United States. in accordance with the regulations in Veterinary Services. The Veterinary this part and part 94 of this sub- Services unit of the Department. chapter;3 nor shall any such ruminant Wether. A castrated male sheep or or product be handled or moved after goat. physical entry into the United States Whole herd test for brucellosis. A bru- before final release from quarantine or cellosis test that has been approved by any other form of governmental deten- APHIS of all sexually intact bovines in tion except in compliance with such a herd of origin that are 6 months of regulations. Notwithstanding any age or older, and of all sexually intact other provision of this subpart, the im- bovines in the herd of origin that are portation of any non-bovine ruminant less than 6 months of age and were not that has been in a region listed in born into the herd of origin, except § 94.24(a) of this subchapter is prohib- those sexually intact bovines that are ited. Provided, however, the Adminis- less than 6 months of age and originate trator may upon request in specific directly from a currently accredited cases permit ruminants or products to herd for brucellosis. be brought into or through the United Whole herd test for tuberculosis. A tu- States under such conditions as he or berculosis test that has been approved she may prescribe, when he or she de- by APHIS of all bovines in a herd of or- termines in the specific case that such igin that are 6 months of age or older, action will not endanger the livestock and of all bovines in the herd of origin or poultry of the United States. that are less than 6 months of age and were not born into the herd of origin, 3 Importations of certain animals from var- except those bovines that are less than ious regions are absolutely prohibited under 6 months of age and originate directly part 94 because of specified diseases.

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(b) Except for ruminants prohibited toms at the first port of arrival a dec- entry, the provisions in this part relat- laration stating that the ruminants ing to ruminants shall not apply to will be retained aboard such means of healthy ruminants in transit through conveyance or in an approved holding the United States if they are not facility during transshipment as re- known to be infected with or exposed, quired by this paragraph. within 60 days preceding the date of ex- (3) Provisions for the approval of fa- port from the region of origin, to com- cilities required in this paragraph are: municable diseases of such ruminants, (i) They must be sufficiently isolated if an import permit 4 has been obtained under § 93.404 of this chapter and all to prevent direct or indirect contact conditions therein are observed; and if with all other animals and birds while such ruminants are handled as follows: in the United States. (1)(i) They are maintained under con- (ii) They must be so constructed that tinuous confinement in transit through they provide adequate protection the United States aboard an aircraft, against environmental conditions and ocean vessel, or other means of convey- can be adequately cleaned, washed and ance; or disinfected. (ii) They are unloaded, in the course (iii) They must provide for disposal of of such transit, into a ruminant hold- ruminant carcasses, manure, bedding, ing facility which is provided by the waste and any related shipping mate- carrier or its agent and has been ap- rials in a manner that will prevent dis- 5 proved in advance by the Adminis- semination of disease. trator in accordance with paragraph (iv) They must have provisions for (b)(3) of this section as adequate to pre- adequate sources of feed and water and vent the spread within the United States of any livestock disease, and for attendants for the care and feeding they are maintained there under con- of ruminants in the facility. tinuous confinement until loaded (v) They must comply with addi- aboard a means of conveyance for tional requirements as may be imposed transportation from the United States by the Administrator if deemed appli- and are maintained under continuous cable for a particular shipment. confinement aboard such means of con- (vi) They must also comply with all veyance until it leaves the United applicable local, State and Federal re- States; the import permit will specify quirements for environmental quality any additional conditions necessary to and with the provisions of the Animal assure that the transit of the Welfare Regulations in chapter I of this ruminants through the United States title, as applicable. can be made without endangering the (c) Removal and loss of official identi- livestock or poultry of the United fication devices. Official identification States, and that Department inspec- devices are intended to provide perma- tors may inspect the ruminants on nent identification of livestock and to board such means of conveyance or in ensure the ability to find the source of such holding facility to ascertain animal disease outbreaks. Removal of whether the requirements of this paragraph are met, and dispose of them in these devices is prohibited except at accordance with the Animal Health the time of slaughter. If an official Protection Act (7 U.S.C. 8301 et seq.) if identification device is lost, and it is such conditions are not met; and necessary to retag an animal with a (2) The carrier or its agent executes new official number, every effort and furnishes to the collector of Cus- should be made to correlate the new official number with the previous official 4 Such permit may be obtained from the number of the animal. Animal and Plant Health Inspection Service, (d) Cleaning and disinfection prior to Veterinary Services, National Center for Im- shipment. A means of conveyance used port-Export, 4700 River Road Unit 38, River- to transport an animal to the United dale, Maryland 20737–1231. Requests for ap- States in accordance with this subpart proval of such facilities should also be made to the Administrator. must be cleaned and disinfected in a 5 See footnote 4 to subpart D.

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manner specified within an import proof animal origin so as to present a dan- tocol prior to transport, unless an ex- ger of the spread of any communicable emption has been granted by the Ad- animal disease, he or she shall notify ministrator. the principal operator of the means of [55 FR 31495, Aug. 2, 1990, as amended at 59 conveyance or his or her agent in FR 67614, Dec. 30, 1994. Redesignated and charge, of such determination and the amended at 62 FR 56012, 56017, Oct. 28, 1997; 68 requirements under this section. The FR 6344, Feb. 7, 2003; 68 FR 31940, May 29, person so notified shall cause the 2003; 69 FR 64651, Nov. 8, 2004; 78 FR 72996, cleaning and disinfection of such Dec. 4, 2013; 85 FR 57952, Sept. 17, 2020] means of conveyance and container under the immediate supervision of, § 93.402 Inspection of certain aircraft and other means of conveyance and and in the time and manner prescribed shipping containers thereon; un- by, the inspector. loading, cleaning, and disinfection (d) For purposes of this section, the requirements. term ‘‘shipping container’’ means any (a) Inspection: All aircraft and other container of a type specially adapted means of conveyance (including ship- for use in transporting any article on ping containers thereon) moving into the means of conveyance involved. the United States from any foreign re- [55 FR 31495, Aug. 2, 1990. Redesignated and gion are subject to inspection without amended at 62 FR 56012, 56017, Oct. 28, 1997; 68 a warrant by properly identified and FR 6344, Feb. 7, 2003] designated inspectors to determine whether they are carrying any animal, § 93.403 Ports designated for the im- carcass, product or article regulated or portation of ruminants. subject to disposal under any law or (a) Air and ocean ports. The following regulation administered by the Sec- retary of Agriculture for prevention of ports have APHIS inspection and quar- the introduction or dissemination of antine facilities necessary for quar- any communicable animal disease. antine stations and all ruminants shall (b) Unloading requirements: Whenever be entered into the United States in the course of any such inspection at through these stations, except as pro- any port in the United States the in- vided in paragraphs (b), (c), (d), (e), and spector has reason to believe that the (f) of this section; Miami, Florida; and means of conveyance or container is Newburgh, New York. contaminated with material of animal (b) Canadian border ports. The fol- (including poultry) origin, such as, but lowing land border ports are designated not limited to, meat, organs, glands, as having the necessary inspection fa- extracts, secretions, fat, bones, blood, cilities for the entry of ruminants from lymph, urine, or manure, so as to Canada: Eastport, Idaho; Houlton and present a danger of the spread of any Jackman, Maine; Detroit, Port Huron, communicable animal disease, the in- and Sault Ste. Marie, Michigan; spector may require the unloading of Baudette, Minnesota; Opheim, Ray- the means of conveyance and the mond, and Sweetgrass, Montana; Alex- emptying of the container if he or she andria Bay, Buffalo, and Champlain, deems it necessary to enable him or New York; Dunseith, Pembina, and her to determine whether the means of Portal, North Dakota; Derby Line and conveyance or container is in fact so Highgate Springs, Vermont; Oroville contaminated. The principal operator and Sumas, Washington. of the means of conveyance and his or (c) Mexican border ports. The fol- her agent in charge of the means of lowing land border ports are designated conveyance shall comply with any such as having the necessary inspection fa- requirement under the immediate su- cilities for the entry of ruminants from pervision of, and in the time and man- Mexico: Brownsville, Hidalgo, Laredo, ner prescribed by, the inspector. Eagle Pass, Del Rio, and Presidio, (c) Cleaning and disinfection: When- Texas: Douglas, Naco, Nogales, Sasabe, ever, upon inspection under this sec- and San Luis, Arizona; Calexico and tion, an inspector determines that a San Ysidro, California; and Antelope means of conveyance or shipping con- Wells, Columbus, and Santa Teresa, tainer is contaminated with material New Mexico.

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(d) Special ports. Charlotte Amalie, § 93.404 Import permits for ruminants St. Thomas, and Christiansted, St. and for ruminant test specimens for Croix, in the United States Virgin Is- diagnostic purposes; and reserva- lands, are hereby designated as quar- tion fees for space at quarantine facilities maintained by APHIS. antine stations for the entry of ruminants from the British Virgin Is- (a) Application for permit; reservation lands into the United States Virgin Is- required. (1) For ruminants and rumi- lands for immediate slaughter. nant test specimens for diagnostic (e) Limited ports. The following ports screening purposes intended for impor- are designated as having inspection fa- tation from any part of the world, except as otherwise provided for in cilities for the entry of ruminants and §§ 93.417, 93.422, and 93.424, the importer ruminant products such as ruminant shall first apply for and obtain from test specimens which do not appear to APHIS an import permit. The applica- require restraint and holding inspection shall specify the name and address tion facilities: Anchorage and Fair- of the importer; the species, breed, banks, Alaska; San Diego, California; number or quantity of ruminants or ru- Jacksonville, St. Petersburg-Clear- minant test specimens to be imported; water, and Tampa, Florida; Atlanta, the purpose of the importation; indi- Georgia; Honolulu, Hawaii, Chicago, Il- vidual ruminant identification, which linois; New Orleans, Louisiana; Port- includes a description of the ruminant, land, Maine; Baltimore, Maryland; Bos- name, age, markings, if any, registra- ton, Massachusetts; Minneapolis, Min- tion number, if any, and tattoo or nesota; Great Falls, Montana; Port- eartag; the region of origin; for cattle, land, Oregon; San Juan, Puerto Rico; the address of or other means of identi- Memphis, Tennessee (no live animals); fying the premises of the herd of origin El Paso, Galveston, and Houston, and any other premises where the cat- Texas; and Seattle, Spokane, and Ta- tle resided prior to export, including coma, Washington. the State or its equivalent, the munici- (f) Designation of other ports. The Sec- pality or nearest city, and the specific retary of the Treasury has approved location of the premises, or an equiva- the designation as quarantine stations lent method, approved by the Adminis- trator, of identifying the location of of the ports specified in this section. In the premises; the name and address of special cases other ports may be des- the exporter; the port of embarkation ignated as quarantine stations under in the foreign region; the mode of this section by the Administrator, with transportation, route of travel, and the the concurrence of the Secretary of the port of entry in the United States; the Treasury. name and address of the quarantine fa- (g) Ports and privately owned quar- cility, if the ruminants are to be quarantine facilities. Ruminants may be im- antined at a privately owned quar- ported into the United States at any antine facility; the proposed date of ar- port specified in paragraph (a) of this rival of the ruminants or ruminant test section, or at any other port des- specimens to be imported; and the ignated as an international port or air- name of the person to whom the port by the Bureau of Customs and ruminants or ruminant test specimens Border Protection, and quarantined at will be delivered and the location of an APHIS-approved privately owned the place in the United States to which quarantine facility, provided the appli- delivery will be made from the port of cable provisions of §§ 93.401, 93.404(a), entry. Additional information may be 93.407, 93.408, and 93.412 are met. required in the form of certificates concerning specific diseases to which [55 FR 31495, Aug. 2, 1990, as amended at 57 the ruminants are susceptible, as well FR 2010, Jan. 17, 1992; 58 FR 38283, July 16, as vaccinations or other precautionary 1993; 60 FR 16045, Mar. 29, 1995; 60 FR 25120, treatments to which the ruminants or May 11, 1995. Redesignated and amended at 62 ruminant test specimens have been FR 56012, 56017, Oct. 28, 1997; 64 FR 23179, Apr. subjected. Notice of any such require- 30, 1999; 65 FR 38178, June 20, 2000; 67 FR 68022, Nov. 8, 2002; 71 FR 29773, May 24, 2006] ment will be given to the applicant in each case.

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(2) An application for permit to im- (iii) Any reservation fee paid by port will be denied for domestic check or U.S. money order shall be ap- ruminants from any region designated plied against the expenses incurred for in § 94.1 of this chapter as a region services received by the importer or where foot-and-mouth disease exists. importer’s agent in connection with (3) An application for permit to im- the quarantine for which the reserva- port ruminants may also be denied be- tion was made. Any part of the reserva- cause of: Communicable disease condition fee which remains unused after tions in the area or region of origin, or being applied against the expenses in- in a region where the shipment has curred for services received by the im- been or will be held or through which porter or the importer’s agent in con- the shipment has been or will be trans- nection with the quarantine for which the reservation was made, shall be reported; deficiencies in the regulatory turned to the individual who paid the programs for the control or eradication reservation fee. If the reservation fee is of animal diseases and the unavail- ensured by a letter of credit, the De- ability of veterinary services in the partment will draw against the letter above mentioned regions; the import- of credit unless payment for services er’s failure to provide satisfactory evi- received by the importer or importer’s dence concerning the origin, history, agent in connection with the quar- and health status of the ruminants; the antine is otherwise made at least 3 lack of satisfactory information nec- days prior to the expiration date of the essary to determine that the importa- letter of credit. tion will not be likely to transmit any (iv) Any reservation fee shall be for- communicable disease to livestock or feited if the importer or the importer’s poultry of the United States; or any agent fails to present for entry, within other circumstances which the Admin- 24 hours following the designated time istrator believes require such denial to of arrival, the lot of ruminants for prevent the dissemination of any com- which the reservation was made: Except municable disease of livestock or poul- that a reservation fee shall not be for- try into the United States. feited if: (4)(i) The importer or importer’s (A) Written notice of cancellation agent shall pay or ensure payment of a from the importer or the importer’s reservation fee for each lot of agent is received by the office of the ruminants to be quarantined in a facil- veterinarian in charge of the quar- ity maintained by USDA. For antine facility 6 during regular business ruminants, the reservation fee shall be hours (8:00 a.m. to 4:30 p.m. Monday 100 percent of the cost of providing through Friday, excluding holidays) no care, feed, and handling during quar- later than 15 days for ruminants prior antine, as estimated by the quarantine to the beginning of the time of impor- facility’s veterinarian in charge. tation as specified in the import per- (ii) At the time the importer or the mit or as arranged with the veteri- importer’s agent requests a reservation narian in charge of the quarantine fa- of quarantine space, the importer or cility if no import permit is required importer’s agent shall pay the reserva- (the 15 days period shall not include tion fee by check or U.S. money order Saturdays, Sundays, or holidays), or or ensure payment of the reservation (B) The Administrator determines fee by an irrevocable letter of credit that services, other than provided by from a commercial bank (the effective carriers, necessary for the importation date on such letter of credit shall run of the ruminants within the requested to 30 days after the date the ruminants period are unavailable because of un- are scheduled to be released from quar- foreseen circumstances as determined antine); except that anyone who issues a check to the Department for a res- 6 The addresses of USDA quarantine facili- ervation fee which is returned because ties may be found in telephone directories listing the facilities or by contacting the of insufficient funds shall be denied Animal and Plant Health Inspection Service, any further request for reservation of a Veterinary Services, National Center for Im- quarantine space until the outstanding port-Export, 4700 River Road Unit 38, River- amount is paid. dale, Maryland 20737–1231.

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by the Administrator, (such as the than the one designated in the permit; closing of an airport due to inclement if arrival in the United States is at any weather or the unavailability of the report other than the one designated in served space due to the extension of an- the permit; if the ruminants or rumi- other quarantine). nant test specimens offered for entry (v) If the reservation fee was ensured differ from those described in the per- by a letter of credit and the fee is to be mit; if the ruminants or ruminant test forfeited under paragraph (a)(4)(iv) of specimens are not handled as outlined this section, the Department will draw in the application for the permit and as against the letter of credit unless the specified in the permit issued; or if reservation fee is otherwise paid at ruminants or swine other than those least 3 days prior to the expiration covered by import permits are aboard date of the letter of credit. the transporting carrier. (vi) When a reservation is cancelled (c) Wild ruminants from regions where in accordance with paragraph foot-and-mouth disease exists. This para- (a)(4)(iv)(A) of this section and the pro- graph (c) applies to the importation of visions of paragraph (a)(4)(iv)(B) of this wild ruminants, such as, but not lim- section do not apply, a $40.00 cancella- ited to, giraffes, deer and antelopes, tion fee shall be charged. If a reserva- from regions designated in part 94 of tion fee was paid, the cancellation fee this subchapter as countries in which shall be deducted from any reservation foot-and-mouth disease exists. fee returned to the importer or the im- (1) Permits for the importation of porter’s agent. If the reservation fee wild ruminants will be issued only for was ensured by a letter of credit, the importations through the Port of New Department will draw the amount of York, and only if the animals are im- the cancellation fee against the letter ported for exhibition in a PEQ Zoo. A of credit unless the cancellation fee is PEQ Zoo is a zoological park or other otherwise paid at least 3 days prior to place maintained for the exhibition of the expiration date of the letter of live animals for recreational or edu- credit. cational purposes that: (b) Permit. When a permit is issued, (i) Has been approved by the Admin- the original and two copies will be sent istrator in accordance with paragraph to the importer. It shall be the respon- (c)(2) of this section to receive and sibility of the importer to forward the maintain imported wild ruminants; and original permit and one copy to the (ii) Has entered into the agreement shipper in the region of origin, and it with APHIS set forth in paragraph shall also be the responsibility of the (c)(4) of this section for the mainte- importer to insure that the shipper nance and handling of imported wild presents the copy of the permit to the ruminants. carrier and makes proper arrangements (2) Approval of a PEQ Zoo shall be on for the original permit to accompany the basis of an inspection, by an au- the shipment to the specified U.S. port thorized representative of the Depart- of entry for presentation to the col- ment, of the physical facilities of the lector of customs. Ruminants and ru- establishment and its methods of oper- minant test specimens for diagnostic ation. Standards for acceptable phys- screening purposes for ruminants in- ical facilities shall include satisfactory tended for importation into the United pens, cages, or enclosures in which the States for which a permit has been imported ruminants can be maintained issued, will be received at the specified so as not to be in contact with the gen- port of entry within the time pre- eral public and free from contact with scribed in the permit which shall not domestic livestock; natural or estab- exceed 14 days from the first day that lished drainage from the PEQ Zoo the permit is effective for all permits. which will avoid contamination of land Ruminants and ruminant test speci- areas where domestic livestock are mens for which a permit is required by kept or with which domestic livestock these regulations will not be eligible may otherwise come in contact; provi- for entry if a permit has not been sion for the disposition of manure, issued; if unaccompanied by such a per- other wastes, and dead ruminants with- mit; if shipment is from any port other in the PEQ Zoo; and other reasonable

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facilities considered necessary to pre- llll (Number and kinds of animals) for vent the dissemination of diseases from exhibition purposes at the said zoological the PEQ Zoo. The operator of the PEQ park, said animals originating in a region where foot-and-mouth disease exists and Zoo shall have available the services of being subject to restrictions under regula- a full-time or part-time veterinarian, tions contained in part 93, title 9, Code of or a veterinarian on a retainer basis, Federal Regulations. who shall make periodic examinations In making this request, it is understood of all animals maintained at the PEQ and agreed that: Zoo for evidence of disease; who shall 1. The animals for which an import permit make a post-mortem examination of is requested will be held in isolation at a port of embarkation in the region of origin, each animal that dies; and who shall approved by the Administrator as a port hav- make a prompt report of suspected ing facilities which are adequate for main- cases of contagious or communicable taining wild animals in isolation from all diseases to an APHIS representative or other animals and having veterinary super- the State agency responsible for live- vision by officials of the region of origin of stock disease control programs. the animals. Such animals will be held in (3) Manure and other animal wastes such isolation for not less than 60 days under the supervision of the veterinary service of must be disposed of within the PEQ that region to determine whether the ani- Zoo park for a minimum of one year mals show any clinical evidence of foot-and- following the date an imported wild ru- mouth disease, or other communicable dis- minant enters the zoo. If an APHIS ease that is exotic to the United States or veterinarian determines that an im- for which APHIS has an eradication or con- ported ruminant shows no signs of any trol program in 9 CFR chapter I, and to as- communicable disease or exposure to sure that the animals will not have been ex- any such disease during this 1-year pe- posed to such a disease within the 60 days next before their exportation from that re- riod, its manure and other wastes need gion. not be disposed of within the zoo after 2. Shipment will be made direct from such the 1-year period. If, however, an port of embarkation to the port of New York APHIS veterinarian determines that an as the sole port of entry in the United imported ruminant does show signs of States. If shipment is made by ocean vessel any communicable disease during this the animals will not be unloaded in any for- 1-year period, an APHIS veterinarian eign port en route. If shipment is made by air, the animals will not be unloaded at any will investigate the disease and deter- port or other place of landing, except at a mine whether the ruminant’s manure port approved by the Administrator as a port and other wastes may safely be dis- not located in a region where foot-and- posed of outside the zoo after the 1- mouth disease exists or as a port in such a year period has ended. region having facilities and inspection ade- (4) Prior to the issuance of an import quate for maintaining wild animals in isola- permit under this section, the operator tion from all other animals. 3. No ruminants or swine will be aboard the of the approved PEQ Zoo to which the transporting vehicle, vessel or aircraft, ex- imported ruminants are to be con- cept those for which an import permit has signed, and the importer of the been issued. ruminants, if such operator and im- 4. The animals will be quarantined for not porter are different parties, shall exe- less than 30 days in the Department’s Ani- cute an agreement covering each rumi- mal Import Center in Newburgh, New York. nant or group of ruminants for which 5. Upon release from quarantine the animals will be delivered to the zoological park the import permit is requested. The named in this agreement to become the prop- agreement shall be in the following erty of the park and they will not be sold, form: exchanged or removed from the premises without the prior consent of APHIS. If AGREEMENT FOR THE IMPORTATION, moved to another zoological park in the QUARANTINE AND EXHIBITION OF CER- United States, the receiving zoological park TAIN WILD RUMINANTS AND WILD must be approved by the Administrator in SWINE accordance with paragraph 6 of this agreement. llll, operator(s) of the zoological park 6. The Administrator will approve the known as llllllllll (Name) located movement of an imported animal subject to at llllllllll (City and state), and this agreement if the Administrator deter- llllllllll (Importer) hereby re- mines that the animal has spent at least one quest a permit for the importation of year in quarantine in a PEQ Zoo following

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importation without showing clinical evi- certificate issued by a full-time sala- dence of foot-and-foot mouth disease, or ried veterinary officer of the national other communicable disease that is exotic to government of the region of origin, or the United States or for which APHIS has an eradication or control program in 9 CFR issued by a veterinarian designated or chapter I, and determines that the receiving accredited by the national government zoological park is accredited by the Amer- of the region of origin and endorsed by ican Zoo and Aquarium Association (AZA), a full-time salaried veterinary officer or the receiving zoological park has facilities of the national government of the re- and procedures in place related to preventing gion of origin, representing that the the spread of communicable animal diseases veterinarian issuing the certificate was (including but not limited to procedures for authorized to do so. The certificate animal identification, record keeping, and veterinary care) that are equivalent to those shall state: required for AZA accreditation. The Admin- (1) That the ruminants have been istrator will approve the movement of a car- kept in that region during the last 60 cass, body part, or biological specimen de- days immediately preceding the date of rived from an imported animal subject to shipment to the United States, and this agreement if the Administrator deter- that during this time the region has mines that the animal has spent at least one been entirely free from foot-and-mouth year in quarantine in a PEQ Zoo following importation without showing clinical evi- disease, contagious pleuropneumonia, dence of foot-and-foot mouth disease, or and surra; provided, however, that for other communicable disease that is exotic to wild ruminants for exhibition purposes, the United States or for which APHIS has an the certificate need specify only that eradication or control program in 9 CFR the district of origin has been free from chapter I, and determines that the carcass, the listed diseases; and provided further, body part, or biological specimen will be that for sheep and goats, with respect moved only for scientific research or mu- seum display purposes. to contagious pleuropneumonia, the certificate may specify only that the llllllllllllllllllllllll district of origin has been free from (Signature of importer) this disease; Subscribed and sworn to before me this ll day of ll, ll. (2) That the ruminants are not in llllllllllllllllllllllll quarantine in the region of origin; and (Title or designation) (3) If the ruminants are from any re- llllllllllllllllllllllll gion where screwworm is considered to (Name of zoological park) exist, the ruminants may be imported By lllllllllllllllllllll into the United States only if they (Signature of officer of zoological park) meet the requirements of paragraphs llllllllllllllllllllllll (a)(3)(i) through (iv) of this section and (Title of officer) all other applicable requirements of Subscribed and sworn to before me this this part. APHIS will maintain a list of ll day of ll,ll regions where screwworm is considered llllllllllllllllllllllll to exist on the APHIS Web site at (Title or designation) http://www.aphis.usda.gov/ im- (Approved by the Office of Management and portlexport/animals/animal Budget under control numbers 0579–0040 and ldiseaselstatus.shtml. Copies of the 0579–0224) list will also be available via postal [55 FR 31495, Aug. 2, 1990, as amended at 59 mail, fax, or email upon request to the FR 28216, June 1, 1994; 59 FR 31924, June 21, Sanitary Trade Issues Team, National 1994; 59 FR 67615, Dec. 30, 1994; 62 FR 23637, Center for Import and Export, Veteri- May 1, 1997. Redesignated and amended at 62 FR 56012, 56018, Oct. 28, 1997; 65 FR 38178, nary Services, Animal and Plant June 20, 2000; 68 FR 6344, Feb. 7, 2003; 68 FR Health Inspection Service, 4700 River 35533, June 16, 2003; 71 FR 29773, May 24, 2006; Road Unit 38, Riverdale, Maryland 83 FR 15492, Apr. 11, 2018] 20737. APHIS will add a region to the list upon determining that screwworm § 93.405 Health certificate for exists in the region based on reports ruminants. APHIS receives of detections of the (a) All ruminants intended for impor- pest from veterinary officials of the ex- tation from any part of the world, exporting country, from the World Orga- cept as provided in §§ 93.423(c) and nization for Animal Health (OIE), or 93.428(d), shall be accompanied by a from other sources the Administrator

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determines to be reliable. APHIS will other means of identifying the prem- remove a region from the list after con- ises of origin and any other premises ducting an evaluation of the region in where the ruminants resided imme- accordance with § 92.2 of this sub- diately prior to export, including the chapter and finding that screwworm is State or its equivalent, the munici- not present in the region. In the case of pality or nearest city, or an equivalent a region formerly not on this list that method, approved by the Adminis- is added due to a detection, the region trator, of identifying the location of may be removed from the list in ac- the premises, and the specific physical cordance with the procedures for rees- location of the destination where the tablishment of a region’s disease-free ruminants are to be moved after impor- status in § 92.4 of this subchapter. tation; the name and address of the ex- (i) A veterinarian must treat the porter; the port of embarkation in the ruminants with ivermectin 3 to 5 days foreign region; and the mode of trans- prior to the date of export to the portation, route of travel, and port of United States according to the rec- entry in the United States. ommended dose prescribed on the prod- (b) Goats. (1) In addition to the state- uct’s label. ments required by paragraph (a) of this (ii) The ruminants must be fully ex- section, the certificate accompanying amined for screwworm by a full-time goats from any part of the world, ex- salaried veterinary official of the except for goats imported from Canada porting country within 24 hours prior for immediate slaughter, must state: to shipment to the United States. If (i) That none of the goats in the herd ruminants are found to be infested from which the goats will be imported with screwworm, they must be treated is the progeny of a sire or dam that has until free from infestation. been affected with scrapie or that has (iii) At the time ruminants are load- produced offspring that have been af- ed onto a means of conveyance for ex- fected with scrapie; port, a veterinarian must treat any (ii) That none of the female goats in visible wounds on the animals with a the herd from which the goats will be solution of coumaphos dust at a con- imported has been impregnated, during centration of 5 percent active ingre- the 5 years immediately preceding dient. shipment of the goats to the United (iv) The ruminants must be accom- States, with germ plasm from a herd panied to the United States by a cer- known to be infected with scrapie; tificate signed by a full-time salaried (iii) That the veterinarian issuing the veterinary official of the exporting certificate has inspected the goats in country. The certificate must state the herd from which the animals will that the ruminants have been thor- be imported and found the herd to be oughly examined and found free of free of any evidence of infectious or screwworm and that the ruminants contagious disease; and have been treated in accordance with (iv) That as far as it is possible for paragraphs (a)(3)(i) and (a)(3)(iii) of the veterinarian who inspects the ani- this section. mals to determine, none of the goats in (4) If the ruminants are sheep or the herd from which the animals will goats from Canada, the certificate be imported has been exposed to any must also include the name and ad- infectious or contagious disease during dress of the importer; the species, the 60 days immediately preceding breed, number or quantity of shipment to the United States. ruminants to be imported; the purpose (2) In addition, the certificate accom- of the importation; individual rumi- panying goats intended for importation nant identification, which includes the from any part of the world except Aus- official identification required under tralia and New Zealand must state: § 93.419(c) of this subchapter, and any (i) That the goats have not been in other identification present on the ani- any herd nor had contact with sheep or mal, including registration number, if goats that have been in any flock or any; a description of the ruminant, in- herd where scrapie has been diagnosed cluding age, color, and markings, if or suspected during the 5 years imme- any; region of origin; the address of or diately prior to shipment; and

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(ii) That the goats have not had any the 5 years immediately preceding contact with sheep during the 5 years shipment of the sheep to the United immediately prior to shipment; pro- States, with germ plasm from a region vided that, this statement is not re- other than Australia, New Zealand, or quired if the goats are imported in ac- the United States, or from a flock of cordance with § 93.435(a) into a herd in unknown scrapie status; provided that, the United States that participates in this statement is not required if the the Voluntary Scrapie Flock Certifi- sheep are imported in accordance with cation Program. § 93.435(a) into a flock in the United (c) Sheep. (1) In addition to the state- States that participates in the Vol- ments required by paragraph (a) of this untary Scrapie Flock Certification section, the certificate accompanying Program. sheep intended for importation from (d) If ruminants are unaccompanied any part of the world must state: by the certificate as required by para- (i) That none of the sheep in the graphs (a), (b), and (c) of this section, flock from which the sheep will be im- or if such ruminants are found upon in- ported is the progeny of a sire or dam spection at the port of entry to be af- that has been affected with scrapie or fected with a communicable disease or that has produced offspring that have to have been exposed thereto, they been affected with scrapie; shall be refused entry and shall be han- (ii) That none of the female sheep in dled or quarantined, or otherwise dis- the flock from which the sheep will be posed of as the Administrator may di- imported has been impregnated, during rect. the 5 years immediately preceding (Approved by the Office of Management and shipment of the sheep to the United Budget under control numbers 0579–0040, States, with germ plasm from a flock 0579–0165, 0579–0234, and 0579–0393) known to be infected with scrapie; [55 FR 31495, Aug. 2, 1990. Redesignated and (iii) That the veterinarian issuing the amended at 62 FR 56012, 56018, Oct. 28, 1997] certificate has inspected the sheep in EDITORIAL NOTE: For FEDERAL REGISTER ci- the flock from which the animals will tations affecting § 93.405, see the List of CFR be imported and found the flock to be Sections Affected, which appears in the free of any evidence of infectious or Finding Aids section of the printed volume contagious disease; and and at www.govinfo.gov. (iv) That as far as it is possible for the veterinarian who inspects the ani- § 93.406 Diagnostic tests. mals to determine, none of the sheep in (a) [Reserved] the flock from which the animals will (b) Tuberculosis and brucellosis tests of be imported has been exposed to any goats. Except as provided in §§ 93.419 infectious or contagious disease during and 93.428(b), all goats offered for im- the 60 days immediately preceding portation, except for immediate shipment to the United States. slaughter, shall be accompanied by a (2) In addition, except for sheep im- satisfactory certificate of a salaried ported from Canada for immediate veterinary officer of the national gov- slaughter, the certificate accom- ernment of the region of origin, or if panying sheep intended for importation exported from Mexico, shall be accom- from any part of the world except Aus- panied either by such a certificate or tralia and New Zealand must state that by a certificate issued by a veteri- the sheep have not been in any flock narian accredited by the National Gov- nor had contact with sheep or goats ernment of Mexico and endorsed by a that have been in any flock or herd full-time salaried veterinary officer of where scrapie has been diagnosed or the National Government of Mexico, suspected during the 5 years imme- thereby representing that the veteri- diately prior to shipment. narian issuing the certificate was au- (3) In addition, the certificate accom- thorized to do so, showing that the panying sheep intended for importation goats have been tested for tuberculosis from Australia and New Zealand must and brucellosis with negative results state that none of the female sheep in within 30 days of the date of their ex- the flock from which the sheep will be portation. The said certificate shall imported has been impregnated, during give the dates and places of testing,

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method of testing, names of consignor by the Administrator, and in accord- and consignee, and a description of the ance with other provisions he or she goats, including breed, ages, markings, may require in each case for their han- and tattoo and eartag numbers. dling shall be disposed of as the Admin- (c)–(d) [Reserved] istrator may direct in accordance with [55 FR 31495, Aug. 2, 1990, as amended at 57 the Animal Health Protection Act (7 FR 28080, June 24, 1992; 58 FR 68509, Dec. 28, U.S.C. 8301 et seq.). Such portions of the 1993. Redesignated and amended at 62 FR transporting vessel, and of its cargo, 56012, 56018, Oct. 28, 1997; 66 FR 20190, Apr. 20, which have been exposed to any such 2001; 68 FR 35533, June 16, 2003; 69 FR 21042, ruminants or their emanations shall be Apr. 20, 2004; 85 FR 57952, Sept. 17, 2020] disinfected in such manner as may be considered necessary by the inspector § 93.407 Declaration and other documents for ruminants. in charge at the port of entry, to prevent the introduction or spread of live- (a) The certificates, declarations, and stock or poultry disease, before the affidavits required by the regulations cargo is allowed to land. in this part shall be presented by the importer or his or her agent to the col- [55 FR 31495, Aug. 2, 1990. Redesignated and lector of customs at the port of entry, amended at 62 FR 56012, 56018, Oct. 28, 1997; 68 upon arrival of ruminants at such port, FR 6344, Feb. 7, 2003; 85 FR 57952, Sept. 17, for the use of the veterinary inspector 2020] at the port of entry. (b) For all ruminants offered for im- § 93.409 Articles accompanying ruminants. portation, the importer or his or her agent shall first present two copies of a No litter or manure, fodder or other declaration which shall list the port of aliment, nor any equipment such as entry, the name and address of the im- boxes, buckets, ropes, chains, blankets, porter, the name and address of the or other things used for or about broker, the origin of the ruminants, ruminants governed by the regulations the number, breed, species, and purpose in this part, shall be landed from any of the importation, the name of the conveyance except under such restric- person to whom the ruminants will be tions as the inspector in charge at the delivered, and the location of the place port of entry shall direct. to which such delivery will be made. (c) Any declaration, permit, or other § 93.410 Movement from conveyances document for ruminants required under to quarantine station. this subpart may be issued and pre- Platforms and chutes used for han- sented using a U.S. Government elec- dling imported ruminants shall be tronic information exchange system or cleaned and disinfected under APHIS other authorized method. supervision after being so used. The [55 FR 31495, Aug. 2, 1990, as amended at 81 said ruminants shall not be unneces- FR 40151, June 21, 2016] sarily moved over any highways nor allowed to come in contact with other § 93.408 Inspection at the port of animals, but shall be transferred from entry. the conveyance to the quarantine Inspection shall be made at the port grounds in boats, cars, or vehicles ap- of entry of all ruminants imported proved by the inspector in charge at from any part of the world except as the port of entry. Such cars, boats, or provided in § 93.421. All ruminants vehicles shall be cleaned and dis- found to be free from communicable infected under APHIS supervision im- disease and not to have been exposed mediately after such use, by the carrier thereto within 60 days prior to their moving the same. The railway cars so exportation to the United States shall used shall be either cars reserved for be admitted subject to the other provi- this exclusive use or box cars not oth- sions in this part; all other ruminants erwise employed in the transportation except as provided in §§ 93.423(c) and of animals or their fresh products. 93.427(a) shall be refused entry. When movement of the aforesaid Ruminants refused entry, unless ex- ruminants upon or across a public ported within a time fixed in each case highway is unavoidable, it shall be

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under such careful supervision and re- waive all claims against the United strictions as the inspector in charge at States and APHIS or any employee of the port of entry and the local authori- APHIS for damages which may arise ties may direct. from such services. The Administrator may prescribe reasonable rates for the § 93.411 Quarantine requirements. services provided under this paragraph. (a) Except for cattle from Central When APHIS finds it necessary to ex- America and the West Indies, and extend the usual minimum quarantine cept for ruminants from Canada and period, APHIS shall advise the oper- Mexico, all ruminants imported into ator in writing, and the operator must the United States shall be quarantined pay for such additional quarantine and for not less than 30 days counting from other services required. The operator the date of arrival at the port of entry. must pay for all services received in (b) Wild ruminants shall be subject, connection with each separate lot of during their quarantine, to such in- ruminants as specified in the compli- spections, disinfection, blood tests, or ance agreement required under para- other tests as may be required by the graph (d)(2) of this section. Administrator to determine their free- (b) Quarantine facilities maintained by dom from disease. APHIS. The importer, or his or her [61 FR 17238, Apr. 19, 1996. Redesignated at 62 agent, of ruminants subject to quar- FR 56012, Oct. 28, 1997] antine under the regulations in this part shall arrange for acceptable trans- § 93.412 Ruminant quarantine facili- portation to the quarantine facility, ties. and for the care, feed, and handling of (a) Privately owned quarantine facili- the ruminants from the time they ar- ties. The operator of a privately owned rive at the quarantine port to the time medium or minimum security quar- of release from quarantine. Such ar- antine facility subject to the regula- rangements shall be agreed to in ad- tions in this subpart shall arrange for vance by the Administrator. The im- acceptable transportation from the porter or his or her agent shall request port to the privately owned quarantine in writing such inspection and other facility and for the care, feeding, and services as may be required, and shall handling of the ruminants from the waive all claim against the United time of unloading at the port to the States and APHIS or any employee of time of release from the quarantine fa- APHIS, for damages which may arise cility. Such arrangements shall be from such services. All expenses result- agreed to in advance by the Adminis- ing therefrom or incident thereto shall trator. All expenses related to these ac- be the responsibility of the importer; tivities shall be the responsibility of APHIS assumes no responsibility with the operator. The privately owned respect thereto. The Administrator quarantine facility must be suitable for may prescribe reasonable rates for the the quarantine of the ruminants and services provided under this paragraph. must be approved by the Administrator When it is found necessary to extend prior to the issuance of any import per- the usual minimum quarantine period, mit. The facilities occupied by the the importer, or his or her agent, shall ruminants should be kept clean and be so advised in writing and shall pay sanitary to the satisfaction of the for such additional quarantine and APHIS representatives. If for any other services required. Payment for cause, the care, feeding, or handling of services received by the importer, or ruminants, or the sanitation of the fa- his or her agent, in connection with cilities is neglected, in the opinion of each separate lot of ruminants shall be the overseeing APHIS representative, made by certified check or U.S. money such services may be furnished by order prior to release of the ruminants. APHIS in the same manner as though If such payment is not made, the arrangements had been made for such ruminants may be sold in accordance services as provided by paragraph (b) of with the procedure described in this this section. The operator must request paragraph or otherwise disposed of as in writing inspection and other serv- directed by the Administrator. When ices as may be required, and shall payment is not made and the

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ruminants are to be sold to recover the expected size and frequency of ship- payment for services received, the im- ments, and a contingency plan for the porter, or his or her agent, will be noti- possible destruction and disposal of all fied by the inspector that if said ruminants capable of being held in the charges are not immediately paid or facility. satisfactory arrangements made for (A) If APHIS determines that an ap- payment, the ruminants will be sold at plication is complete and merits fur- public sale to pay the expense of care, ther consideration, the person applying feed, and handling during that period. for facility approval must agree to pay The sale will be held after the expira- the costs of all APHIS services associ- tion of the quarantine period, at such ated with APHIS’ evaluation of the ap- time and place as may be designated by plication and facility. APHIS charges the General Services Administration or for evaluation services at hourly rates other designated selling agent. The are listed in § 130.30 of this chapter. If proceeds of the sale, after deducting the facility is approved by APHIS, the the charges for care, feed, and handling operator must enter into a compliance of the ruminants and other expenses, agreement in accordance with para- including the expense of the sale, shall graph (d)(2) of this section. be held in a Special Deposit Account in (B) Requests for approval must be the United States Treasury for 6 submitted at least 120 days prior to the months from the date of sale. If not date of application for local building claimed by the importer, or his or her permits. Requests for approval will be agent, within 6 months from the date evaluated on a first-come, first-served of sale, the amount so held shall be basis. transferred from the Special Deposit (ii) Criteria for approval. Before a fa- Account to the General Fund Account cility may be built to operate as a pri- in the United States Treasury. vately owned medium or minimum se- (c) APHIS collection of payments curity quarantine facility for from the importer, or his or her agent, ruminants, it must be approved by or the operator, for service rendered APHIS. To be approved: shall be deposited so as to be available (A) APHIS must find, based on an en- for defraying the expenses involved in vironmental assessment, and based on this service. any required Federal, State, and local (d) Standards for privately owned quar- environmental permits or evaluations antine facilities for ruminants—(1) APHIS secured by the operator and copies of approval of facilities—(i) Approval proce- which are provided to APHIS, that the dures. Persons seeking APHIS approval operation of the facility will not have of a privately owned medium or min- significant environmental effects; imum security quarantine facility for (B) The facility must meet all the re- ruminants must make written applica- quirements of paragraph (d) of this section to the Administrator, c/o National tion; Center for Import and Export, Veteri- (C) The facility must meet any addi- nary Services, APHIS, 4700 River Road tional requirements that may be im- Unit 39, Riverdale, MD 20737–1231. The posed by the Administrator in each application must include the full name specific case, as specified in the com- and mailing address of the applicant; pliance agreement required under para- the location and street address of the graph (d)(2) of this section, to ensure facility for which approval is sought; that the quarantine of ruminants in blueprints of the facility; a description the facility will be adequate to enable of the financial resources available for determination of their health status, construction, operation and mainte- as well as to prevent the transmission nance of the facility; copies of all ap- of livestock diseases into, within, and proved State permits for construction from the facility; and and operation of the facility (but not (D) The Administrator must deter- local building permits), as well as cop- mine whether sufficient personnel, in- ies of all approved Federal, State, and cluding one or more APHIS veterinar- local environmental permits; the an- ians and other professional, technical, ticipated source(s) or origin(s) of and support personnel, are available to ruminants to be quarantined, as well as serve as APHIS representatives at the

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facility and provide continuous over- withdraw approval when the operator sight and other technical services to of any approved facility notifies the ensure the biological security of the fa- area veterinarian in charge for the cility, if approved. APHIS will assign State in which the facility is located, personnel to facilities requesting ap- in writing, that the facility is no proval in the order that the facilities longer in operation. 7 meet all of the criteria for approval. (C) The Administrator may deny or The Administrator has sole discretion withdraw the approval of a privately on the number of APHIS personnel to owned medium or minimum security be assigned to the facility. quarantine facility if: (iii) Maintaining approval. To main- (1) Any requirement of paragraph (d) tain APHIS approval, the operator of this section or the compliance agree- must continue to comply with all the ment is not met; or requirements of paragraph (d) of this (2) The facility has not been in use to section as well as the terms of the com- quarantine ruminants for a period of at pliance agreement executed in accord- least 1 year; or ance with paragraph (d)(2) of this sec- (3) The operator fails to remit any tion. charges for APHIS services rendered; (iv) Withdrawal or denial of approval. or Approval of a proposed privately owned (4) The operator or a person respon- medium or minimum security quar- sibly connected with the business of antine facility may be denied or ap- the facility is or has been convicted of proval of a facility already in oper- any crime under any law regarding the ation may be withdrawn at any time importation or quarantine of any ani- by the Administrator for any of the mal; or reasons provided in paragraph (5) The operator or a person respon- (d)(1)(iv)(C) of this section. sibly connected with the business of (A) Before facility approval is denied the facility is or has been convicted of or withdrawn, APHIS will inform the a crime involving fraud, bribery, extor- operator of the proposed or existing fa- tion, or any other crime involving a cility and include the reasons for the lack of integrity needed for the con- proposed action. If there is a conflict as duct of operations affecting the impor- to any material fact, APHIS will afford tation of animals; or the operator, upon request, the oppor- (6) Any other requirement under the tunity for a hearing with respect to the Animal Health Protection Act (7 U.S.C. merits or validity of such action in ac- 8301–8317) or the regulations thereunder cordance with rules of practice that are not met. APHIS adopts for the proceeding. (D) For the purposes of paragraph (B) Withdrawal of approval of an ex- (d)(1)(iv) of this section, a person is isting facility will become effective deemed to be responsibly connected pending final determination in the pro- with the business of the facility if such ceeding when the Administrator deter- person has an ownership, mortgage, or mines that such action is necessary to lease interest in the facility, or if such protect the public health, interest, or person is a partner, officer, director, safety. Such withdrawal will be effec- holder, or owner of 10 percent or more tive upon oral or written notification, of its voting stock, or an employee in a whichever is earlier, to the operator of managerial or executive capacity. the facility. In the event of oral notifi- (2) Compliance agreement. (i) A pri- cation, APHIS will give written con- vately owned medium or minimum se- firmation to the operator of the facil- curity quarantine facility must operate ity as promptly as circumstances in accordance with a compliance agree- allow. This withdrawal will continue in ment executed by the operator or other effect pending the completion of the proceeding and any judicial review, un- 7 less otherwise ordered by the Adminis- The name and address of the area veterinarian in charge in any State is available trator. In addition to withdrawal of ap- from the Animal and Plant Health Inspec- proval for the reasons provided in para- tion Servcie, Veterinary Services, National graph (d)(1)(iv)(C) of this section, the Center for Import and Export, 4700 River Administrator will also automatically road Unit 39, Riverdale, MD 20737–1231.

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designated representative of the facil- prior to release of the ruminants. The ity and by the Administrator. The operator must pay for any other costs compliance agreement must be signed incurred by APHIS with respect to the by both parties before a facility may quarantine following the release of the commence operations. The compliance ruminants, based on official records, agreement must provide that: within 14 days of receipt of the bill (A) The facility must meet all appli- showing the balance due. APHIS will cable requirements of paragraph (d) of return to the operator any unobligated this section; funds deposited with APHIS, after the (B) The facility’s quarantine oper- release of the lot of ruminants from ations are subject to the strict over- the facility and termination or expira- sight of APHIS representatives; tion of the compliance agreement, or, (C) The operator agrees to be respon- if requested, credit to the operator’s sible for the cost of building the facil- account such funds to be applied to- ity; all costs associated with its main- wards payment of APHIS services at a tenance and operation; all costs associ- future date. ated with the hiring of personnel to at- (ii) Prior to the entry of each subse- tend to the ruminants, as well as to quent lot of ruminants into the me- maintain and operate the facility; all dium or minimum security facility, a costs associated with the care of quar- new compliance agreement must be ex- antined ruminants, such as feed, bed- ecuted, and a certified check or U.S. ding, medicines, inspections, testing, money order to the Administrator laboratory procedures, and necropsy must be deposited to cover the esti- examinations; all costs associated with mated costs, as determined by the Ad- the death or destruction and disposi- ministrator, of professional, technical, tion of quarantined ruminants; and all and support services to be provided by APHIS charges for the services of APHIS at the facility over the duration APHIS representatives in accordance of the quarantine. with this section and part 130 of this (3) Physical plant requirements. A pri- chapter; vately owned medium or minimum se- (D) The operator obtained, prior to curity quarantine facility must meet execution of this agreement, a finan- the following requirements as deter- cial instrument (insurance or surety mined by an APHIS inspection before bond) approved by APHIS that finan- ruminants may be admitted to it. cially guarantees the operator’s ability (i) Location. (A) The medium or min- to cover all costs and other financial li- imum security facility must be located abilities and obligations of the facility, at a site approved by the Adminis- including a worst case scenario in trator, and the specific routes for the which all quarantined ruminants must movement of ruminants from the port be destroyed and disposed of because of must be approved in advance by the an animal health emergency, as deter- Administrator, based on consideration mined by the Administrator. of whether the site or routes would put (E) The operator will deposit with the animals in a position that could re- the Administrator, prior to com- sult in their transmitting commu- mencing quarantine operations, a cer- nicable livestock diseases. tified check or U.S. money order to (B) In the case of a medium security cover the estimated costs, as deter- facility, the facility must be located at mined by the Administrator, of profes- least one-half mile from any premises sional, technical, and support services holding livestock. In the case of a min- to be provided by APHIS at the facility imum security facility, the Adminis- over the duration of the quarantine. If trator will establish the required min- actual costs incurred by APHIS over imum distance between the facility the quarantine period exceed the depos- and other premises holding livestock ited amount, the operator will pay for on a case-by-case basis. any additional costs incurred by (C) If the medium or minimum secu- APHIS, based on official accounting rity facility is to be located more than records. Payment for all services re- 1 mile from a designated port, the oper- ceived in connection with each lot of ator must make arrangements for the ruminants in quarantine shall be made imported ruminants to be held in a

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temporary inspection facility to allow receiving and pickup, or, alternatively, for the inspection of the imported a single dock may be used for both pur- ruminants by a Federal or State veteri- poses if the dock is cleaned and dis- narian prior to the animals’ movement infected after each use in accordance to the medium or minimum security with paragraph (d)(4)(iv)(D) of this sec- facility. tion. (1) The temporary inspection facility (B) Perimeter fencing. The facility must have adequate space for Federal must be surrounded by double-security or State veterinarians to conduct ex- perimeter fencing separated by at least aminations and testing of the imported 30 feet and of sufficient height and de- ruminants. sign to prevent the entry of unauthor- (2) The examination space of the ized persons and animals from outside temporary inspection facility must be the facility and to prevent the escape equipped with appropriate animal re- of any ruminants in quarantine. straining devices for the safe inspec- (C) Means of isolation. The facility tion of ruminants. must provide pens, chutes, and other (3) The temporary inspection facility animal restraining devices, as appro- may not hold more than one lot of ani- priate, for inspection and identifica- mals at the same time. tion of each animal, as well as for seg- (4) In seeking APHIS approval of the regation, treatment, or both, of any ru- temporary inspection facility, the op- minant exhibiting signs of illness. The erator must provide APHIS with the medium or minimum security facility following information: The port of must also have lot-holding areas of suf- entry; a description of the temporary ficient size to prevent overcrowding. A inspection facility; and the anticipated medium security facility may hold source(s) of the materials to be used for more than one lot of ruminants as long the facility. as the lots are separated by physical (5) If the ruminants, upon inspection barriers such that ruminants in one lot at the temporary inspection facility, do not have physical contact with are determined to be infected with or ruminants in another lot or with their exposed to a disease that precludes excrement or discharges. A minimum their entry into the United States, the animals will be refused entry. security facility may not hold more Ruminants refused entry remain the than one lot of animals at the same responsibility of the operator, but sub- time. ject to further handling or disposition (D) APHIS space. The facility must as directed by the Administrator in ac- have adequate space for APHIS rep- cordance with § 93.408 of this subpart. resentatives to conduct examinations (6) APHIS’ approval to build and op- and draw samples for testing of erate a medium or minimum security ruminants in quarantine, prepare and facility outside the immediate vicinity package samples for mailing, and store of a designated port is contingent upon duplicate samples and the necessary APHIS’ approval of the temporary in- equipment and supplies for each lot of spection facility at the port, as well as ruminants. The examination space approval of the routes for the move- must be equipped with appropriate ani- ment of ruminants from the port to the mal restraining devices for the safe in- medium or minimum security facility. spection of ruminants. The facility (ii) Construction. The medium or min- must also provide a secure, lockable of- imum security facility must be of fice for APHIS use with enough room sound construction, in good repair, and for a desk, chair, and filing cabinet. properly designed to prevent the escape (E) Storage. The facility must have of quarantined ruminants. It must sufficient storage space for equipment have adequate capacity to receive and and supplies used in quarantine oper- hold a shipment of ruminants as a lot ations. Storage space must include sep- on an ‘‘all-in, all-out’’ basis and must arate, secure storage for pesticides and include the following: for medical and other biological sup- (A) Loading docks. The facility must plies, as well as a separate storage area include separate docks for animal re- for feed and bedding, if feed and bed- ceiving and releasing and for general ding are stored at the facility.

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(F) Other work areas. The facility (C) Surfaces. The medium security fa- must include work areas for the repair cility must be constructed so that the of equipment and for cleaning and dis- floor surfaces with which ruminants infecting equipment used in the facil- have contact are nonslip and wear-re- ity. sistant. All floor surfaces with which (iii) Additional construction require- the ruminants, their excrement, or dis- ments for medium security facilities. For charges have contact must slope gradu- medium security facilities only, the ally to the center, where one or more following requirements must also be drains of at least 8 inches in diameter met: are located for adequate drainage, or, (A) Self-contained building. The me- alternatively, must be of slatted or dium security facility must be con- other floor design that allows for ade- structed so that the quarantine area is quate drainage. All floor and wall sur- located in a secure, self-contained faces with which the ruminants, their building that contains appropriate con- excrement, or discharges have contact must be impervious to moisture and be trol measures against the spread of able to withstand frequent cleaning livestock diseases biologically trans- and disinfection without deterioration. missible by vectors. All entryways into Other ceiling and wall surfaces with the nonquarantine area of the building which the ruminants, their excrement, must be equipped with a secure and or discharges do not have contact must lockable door. While ruminants are in be able to withstand cleaning and dis- quarantine, all access to the quar- infection between shipments of antine area must be from within the ruminants. All floor and wall surfaces building. Each entryway to the quar- must be free of sharp edges that could antine area must be equipped with a cause injury to ruminants. solid self-closing door. Separate access (D) Ventilation and climate control. must be provided within the quar- The medium security facility must be antine area to each lot-holding area so constructed with a heating, ventila- that it is not necessary to move tion, and air conditioning (HVAC) sys- through one lot-holding area to gain tem capable of controlling and main- access to another lot-holding area. taining the ambient temperature, air Entryways to each lot-holding area quality, moisture, and odor at levels within the quarantine area would also that are not injurious or harmful to have to be equipped with a solid lock- the health of ruminants in quarantine. able door. Emergency exits to the out- Air supplied to lot-holding areas must side may exist in the quarantine area if not be recirculated or reused for other required by local fire ordinances. Such ventilation needs. HVAC systems for emergency exits must be constructed lot-holding areas must be separate so as to permit their opening from the from air handling systems for other inside of the facility only. operational and administrative areas of (B) Windows and other openings. Any the facility. In addition, if the facility windows or other openings in the quar- is approved to handle more than one antine area must be double-screened lot of ruminants at a time, each lot- with screening of sufficient gauge and holding area must have its own sepa- mesh to prevent the entry or exit of in- rate HVAC system that is designed to sects and other vectors of livestock dis- prevent cross-contamination between eases and to provide ventilation suffi- the separate lot-holding areas. cient to ensure the comfort and safety (E) Lighting. The medium security fa- of all ruminants in the facility. The in- cility must have adequate lighting terior and exterior screens must be sep- throughout, including in the lot-hold- arated by at least 3 inches (7.62 cm). ing areas and other areas used to exam- All screening of windows or other open- ine ruminants and conduct necropsies. ings must be easily removable for (F) Fire protection. The medium secu- cleaning, yet otherwise remain locked rity facility, including the lot-holding and secure at all times in a manner areas, must have a fire alarm and voice satisfactory to APHIS representatives communication system. in order to ensure the biological secu- (G) Monitoring system. The medium rity of the facility. security facility must have a television

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monitoring system or other arrange- pest control equipment and supplies ment sufficient to provide a full view and cleaning and disinfecting equip- of the lot-holding areas. ment with adequate capacity to dis- (H) Communication system. The me- infect the facility and equipment. dium security facility must have a (B) Separately maintained sanitation communication system between the and pest control equipment and sup- nonquarantine and quarantine areas of plies for each lot-holding area if the fa- the facility. cility will hold more than one lot of (I) Necropsy area. The medium secu- ruminants at a time (applicable to me- rity facility must have an area that is dium security facilities only). of sufficient size to perform necropsies (C) A supply of potable water ade- on ruminants and that is equipped with quate to meet all watering and clean- adequate lighting, hot and cold run- ing needs, with water faucets for hoses ning water, a drain, a cabinet for stor- located throughout the facility. An ing instruments, a refrigerator-freezer emergency supply of water for for storing specimens, and an autoclave ruminants in quarantine also must be to sterilize veterinary equipment. maintained. (J) Additional storage requirements. (D) A stock of disinfectant author- Feed storage areas in the medium secu- ized in § 71.10(a)(5) of this chapter or rity facility must be vermin-proof. otherwise approved by the Adminis- Also, if the medium security facility trator that is sufficient to disinfect the has multiple lot-holding areas, then entire facility. separate storage space for supplies and (E) The capability to dispose of equipment must be provided for each wastes, including manure, urine, and lot-holding area. used bedding, by means of burial, incin- (K) Showers. In a medium security fa- eration, or public sewer. Other waste cility, there must be a shower at the material must be handled in such a entrance to the quarantine area. A manner that minimizes spoilage and shower also must be located at the en- the attraction of pests and must be dis- trance to the necropsy area. A clothes- posed of by incineration, public sewer, storage and clothes-changing area or other preapproved manner that pre- must be provided at each end of each vents the spread of disease. Disposal of shower area. There also must be one or wastes must be carried out under the more receptacles near each shower so direct oversight of APHIS representa- that clothing that has been worn in a tives. lot-holding area or elsewhere in the (F) The capability to dispose of rumi- quarantine area can be deposited in the nant carcasses in a manner approved receptacle(s) prior to entering the by the Administrator and under condi- shower. tions that prevent the spread of disease (L) Restrooms. The medium security from the carcasses. facility must have permanent rest- (G) For incineration to be carried out rooms in both the nonquarantine and at the facility, incineration equipment quarantine areas of the facility. that is detached from other facility (M) Break room. The medium security structures and is capable of burning facility must have an area within the wastes or carcasses as required. The in- quarantine area for breaks and meals. cineration site must include an area (N) Laundry area. The medium secu- sufficient for solid waste holding. In- rity facility must have an area for cineration may also take place at a washing and drying clothes, linens, and local site away from the facility prem- towels. ises. All incineration activities must (iv) Sanitation. To ensure that proper be carried out under the direct over- animal health and biological security sight of an APHIS representative. measures are observed, a privately (H) The capability to control surface owned medium or minimum security drainage and effluent into, within, and quarantine facility must provide the from the facility in a manner that pre- following: vents the spread of disease into, with- (A) Equipment and supplies nec- in, and from the facility. If the facility essary to maintain the facility in a is approved to handle more than one clean and sanitary condition, including lot of ruminants at the same time,

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there must be separate drainage sys- (2) If an electronic security system is tems for each lot-holding area in order used, the electronic security system to prevent cross contamination. must be coordinated through or with (v) Security. (A) A privately owned the local police so that monitoring of medium or minimum security quar- the facility is maintained whenever antine facility must provide the fol- APHIS representatives are not at the lowing security measures: facility. The electronic security sys- (1) The facility and premises must be tem must be of the ‘‘silent type’’ and kept locked and secure at all times must be triggered to ring at the moni- while the ruminants are in quarantine. toring site and, if the operator chooses, (2) The facility and premises must at the facility. The operator must pro- have signs indicating that the facility vide written instructions to the moni- is a quarantine area and no visitors are toring agency stating that the police allowed. and an APHIS representative des- (3) The operator must furnish a tele- ignated by APHIS must be notified by phone number or numbers to APHIS at the monitoring agency if the alarm is which the operator or his or her agent triggered. The operator also must sub- can be reached at all times. mit a copy of those instructions to the (4) APHIS is authorized to place seals Administrator. The operator must no- on any or all entrances and exits of the tify the designated APHIS representa- facility, when determined necessary by tive whenever a break in security oc- APHIS to ensure security, and to take curs or is suspected of occurring. all necessary steps to ensure that the (4) Operating procedures. The fol- seals are broken only in the presence of lowing procedures must be followed at an APHIS representative. If the seals a privately owned medium or minimum are broken by someone other than an security quarantine facility at all APHIS representative, it will be con- times: sidered a breach in security, and an im- (i) APHIS oversight. (A) The quar- mediate accounting of all ruminants in antine of ruminants at the facility will the facility will be made by an APHIS be subject to the strict oversight of representative. If a breach in security APHIS representatives authorized to occurs, APHIS may extend the quar- perform the services required by this antine period as long as necessary to subpart. determine that the ruminants are free of communicable livestock diseases. (B) If, for any reason, the operator (5) In the event that a communicable fails to properly care for, feed, or han- livestock disease is diagnosed in quar- dle the quarantined ruminants as re- antined ruminants, the Administrator quired in paragraph (d) of this section, may require that the operator have the or in accordance with animal health facility guarded by a bonded security and husbandry standards provided else- company, at the expense of the oper- where in this chapter, or fails to main- ator of the facility, in a manner that tain and operate the facility as pro- the Administrator deems necessary to vided in paragraph (d) of this section, ensure the biological security of the fa- APHIS representatives are authorized cility. to furnish such neglected services at (B) A privately owned medium secu- the operator’s expense, as authorized in rity facility also must provide the fol- paragraph (a) of this section. lowing security measures: (ii) Personnel. (A) The operator must (1) The medium security facility and provide adequate personnel to main- premises must be guarded at all times tain the facility and care for the by one or more representatives of a ruminants in quarantine, including at- bonded security company, or, alter- tendants to care for and feed natively, the medium security facility ruminants, and other personnel as must have an electronic security sys- needed to maintain, operate, and ad- tem that prevents the entry of unau- minister the facility. thorized persons into the facility and (B) The operator must provide APHIS prevents animals outside the facility with an updated list of all personnel from having contact with ruminants in who have access to the facility. The quarantine; list must include the names, current

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residential addresses, and identifica- any susceptible animals outside the fa- tion numbers of each person, and must cility for at least 5 days after the last be updated with any changes or addi- contact with ruminants in quarantine, tions in advance of such person having or for a longer period of time deter- access to the quarantine facility. mined necessary by the overseeing (C) The operator must provide APHIS APHIS representative to prevent the with signed statements from all per- transmission of livestock diseases. sonnel having access to the facility in (B) All equipment (including trac- which the person agrees to comply tors) must be cleaned and disinfected with paragraph (d) of this section and prior to being used in the quarantine applicable provisions of this part, all area of the facility with a disinfectant terms of the compliance agreement, that is authorized in § 71.10(a)(5) of this and any related instructions from chapter or that is otherwise approved APHIS representatives pertaining to by the Administrator. The equipment quarantine operations, including con- must remain dedicated to the facility tact with animals both inside and out- for the entire quarantine period. Any side the facility. equipment used with quarantined (iii) Authorized access. (A) Access to ruminants must remain dedicated to the facility premises as well as inside that particular lot of ruminants for the the quarantine area will be granted duration of the quarantine period or be only to APHIS representatives and cleaned and disinfected before coming other persons specifically authorized to in contact with ruminants from an- work at the facility. All other persons other lot. Prior to its use on another are prohibited from the premises unless lot of ruminants or its removal from specifically granted access by an the quarantine area, such equipment APHIS representative. Any visitors must be cleaned and disinfected to the granted access must be accompanied at satisfaction of an APHIS representa- all times by an APHIS representative tive. while on the premises. (C) Any vehicle, before entering or (B) All visitors, except veterinary leaving the quarantine area of the fa- practitioners who enter the facility to cility, must be immediately cleaned provide emergency care, must sign an and disinfected under the oversight of affidavit before entering the quar- an APHIS representative with a dis- antine area, if determined necessary by infectant that is authorized in the overseeing APHIS representative, § 71.10(a)(5) of this chapter or that is declaring that they will not have con- otherwise approved by the Adminis- tact with any susceptible animals out- trator. side the facility for at least 5 days (D) If the facility has a single loading after contact with the ruminants in dock, the loading dock must be imme- quarantine, or for a period of time de- diately cleaned and disinfected after termined by the overseeing APHIS rep- each use under the oversight of an resentative as necessary to prevent the APHIS representative with a disinfect- transmission of communicable live- ant that is authorized in § 71.10(a)(5) of stock diseases of ruminants. this chapter or that is otherwise ap- (iv) Sanitary practices. (A) All persons proved by the Administrator. granted access to the quarantine area (E) That area of the facility in which must: a lot of ruminants had been held or had (1) Wear clean protective work cloth- access must be thoroughly cleaned and ing and footwear upon entering the disinfected under the oversight of an quarantine area. APHIS representative upon release of (2) Wear disposable gloves when han- the ruminants, with a disinfectant that dling sick animals and then wash is authorized in § 71.10(a)(5) of this hands after removing gloves. chapter or that is otherwise approved (3) Change protective clothing, foot- by the Administrator, before a new lot wear, and gloves when they become of ruminants is placed in that area of soiled or contaminated. the facility. (4) Be prohibited, if determined nec- (F) For medium security facilities essary by the overseeing APHIS rep- only, the following additional sanitary resentative, from having contact with practices also must be followed:

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(1) All persons granted access to the (C) Breeding of ruminants or collec- quarantine area, must: tion of germ plasm from ruminants is (i) Shower when leaving the quar- prohibited during the quarantine pe- antine area. riod unless necessary for a required im- (ii) Shower before entering a lot-hold- port testing procedure. ing area if previously exposed from ac- (D) Ruminants in quarantine will be cess to another lot-holding area. subjected to such tests and procedures (iii) Shower when leaving the ne- as directed by an APHIS representative cropsy area if a necropsy is in the proc- to determine whether the ruminants ess of being performed or has just been are free of communicable livestock dis- completed, or if all or portions of the eases. While in quarantine, ruminants examined animal remain exposed. may be vaccinated only with vaccines (iv) Be prohibited, unless specifically that have been approved by the APHIS allowed otherwise by the overseeing representative and licensed in accord- APHIS representative, from having ance with § 102.5 of this chapter. 8 Vac- contact with any ruminants in the fa- cines must be administered either by cility, other than the lot or lots of an APHIS veterinarian or an accred- ruminants to which the person is as- ited veterinarian under the direct over- signed or is granted access. sight of an APHIS representative. (2) The operator is responsible for (E) Any death or suspected illness of providing a sufficient supply of cloth- ruminants in quarantine must be re- ing and footwear to ensure that work- ported immediately to the overseeing ers and others provided access to the APHIS representative. The affected quarantine area of the facility have ruminants must be disposed of as the clean, protective clothing and footwear Administrator may direct or, depend- before entering the facility. ing on the nature of the disease, must (3) The operator is responsible for the be cared for as directed by APHIS to proper handling, washing, and disposal prevent the spread of disease. of soiled and contaminated clothing (F) Quarantined ruminants requiring worn in the quarantine area in a man- specialized medical attention or addi- ner approved by an APHIS representa- tional postmortem testing may be tive as adequate to preclude the trans- transported off the quarantine site, if mission of disease within and from the authorized by APHIS. A second quar- facility. At the end of each workday, antine site must be established to work clothing worn into each lot-hold- house the ruminants at the facility of ing area and elsewhere in the quar- destination (e.g., veterinary college antine area must be collected and kept hospital). In such cases, APHIS may in bags until the clothing is washed. extend the quarantine period until the Used footwear must either be left in results of any outstanding tests or the clothes changing area or cleaned postmortems are received. with hot water (148 °F minimum) and (G) Should the Administrator deter- detergent and disinfected as directed mine that an animal health emergency by an APHIS representative. exists at the facility, arrangements for (v) Handling of ruminants in quar- the final disposition of the infected or antine. (A) Each lot of ruminants to be exposed lot of ruminants must be ac- quarantined must be placed in the fa- complished within 4 workdays fol- cility on an ‘‘all-in, all-out’’ basis. No lowing disease confirmation. Subse- ruminant may be taken out of a lot quent disposition of the ruminants while the lot is in quarantine, except must occur under the direct oversight for diagnostic purposes, and no rumi- of APHIS representatives. nant may be added to a lot while in (vi) Recordkeeping. (A) The operator quarantine. must maintain a current daily log, to (B) The facility must provide suffi- record the entry and exit of all persons cient feed and bedding for the entering and leaving the facility. ruminants in quarantine, and it must be free of vermin and not spoiled. Feed 8 A list of approved vaccines is available and bedding must originate from a re- from the Center for Veterinary Biologics, gion that has been approved by APHIS USDA, APHIS, VS, 510 south 17th Street6, as a source for feed and bedding. Suite 104, Ames, IA 50010.

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(B) The operator must retain the APHIS representative or inspector in daily log, along with any logs kept by charge. An importer (or his or her ac- APHIS and deposited with the oper- credited agent or veterinarian) may be ator, for at least 2 years following the admitted to the yards and buildings date of release of the ruminants from containing his or her quarantined quarantine and must make such logs ruminants at such intervals as may be available to APHIS representatives deemed necessary, and under such con- upon request. ditions and restrictions as may be im- (5) Environmental quality. If APHIS posed, by the APHIS representative or determines that a privately owned me- the inspector in charge of the quar- dium or minimum security quarantine antine facility or station. On the last facility does not meet applicable local, day of the quarantine period, owners, State, or Federal environmental regu- officers, or registry societies, and oth- lations, APHIS may deny or suspend ers having official business or whose approval of the facility until appro- services may be necessary in the re- priate remedial measures have been ap- moval of the ruminants may be admit- plied. ted upon written permission from the (6) Other laws. A privately owned me- APHIS representative or inspector in dium or minimum security quarantine charge. No exhibition or sale shall be facility must comply with other applicable Federal laws and regulations, as allowed within the quarantine grounds. well as with all applicable State and [71 FR 29779, May 24, 2006] local codes and regulations. (7) Variances. The Administrator may § 93.414 Milk from quarantined grant variances to existing require- ruminants. ments relating to location, construc- Milk or cream from ruminants quar- tion, and other design features of a pri- antined under the provisions of this vately owned medium security quar- part shall not be used by any person antine facility or minimum security other than those in charge of such quarantine facility as well as to sanita- ruminants, nor be fed to any animals tion, security, operating procedures, other than those within the same en- recordkeeping, and other provisions in closure, without permission of the paragraph (d) of this section, but only APHIS representative or inspector in if the Administrator determines that charge of the quarantine station and the variance causes no detrimental im- subject to such restrictions as he or pact to the health of the ruminants or she may consider necessary to each in- to the overall biological security of the stance. No milk or cream shall be re- quarantine operations. The operator moved from the quarantine premises must submit a request for a variance to except in compliance with all State the Administrator in writing at least 30 days in advance of the arrival of the and local regulations. ruminants to the facility. Any variance [55 FR 31495, Aug. 2, 1990. Redesignated at 62 also must be expressly provided for in FR 56012, Oct. 28, 1997, as amended at 71 FR the compliance agreement. 29779, May 24, 2006]

(Approved by the Office of Management and § 93.415 Manure from quarantined Budget under control number 0579–0232) ruminants. [55 FR 31495, Aug. 2, 1990. Redesignated at 62 No manure shall be removed from the FR 56012, Oct. 28, 1997, as amended at 71 FR 29773, May 24, 2006] quarantine premises until the release of the ruminants producing same. § 93.413 Quarantine stations, visiting restricted; sales prohibited. § 93.416 Appearance of disease among Visitors are not permitted in the ruminants in quarantine. quarantine enclosures during any time If any contagious disease appears that ruminants are in quarantine un- among ruminants during the quar- less the APHIS representative or in- antine period special precautions shall spector in charge specifically grants be taken to prevent spread of the infec- access under such conditions and re- tion to other animals in the quarantine strictions as may be imposed by the station or to those outside the grounds.

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The affected ruminants shall be dis- qualified upon inspection at the port of posed of as the Administrator may di- entry will be refused entry into the rect, depending upon the nature of the United States. disease. (b)–(c) [Reserved] (d) Conditions for importation. In addi- CANADA 9 tion to meeting the other requirements of this section, bovines may be im- § 93.417 Import permit and declaration for ruminants. ported from Canada only under the following conditions: (a) For ruminants intended for im- (1) The bovines are imported for importation from Canada, the importer mediate slaughter under § 93.420; or shall first apply for and obtain from (2) The bovines are imported for APHIS an import permit as provided in other than immediate slaughter under § 93.404: Provided, That an import per- the following conditions: mit is not required for ruminants of- (i) The bovines were born after March fered for entry at a land border port 1, 1999, the date determined by APHIS designated in § 93.403(b) if such rumi- to be the date of effective enforcement nant is: of a ruminant-to-ruminant feed ban in (1) A wether; Canada; (2) A sheep or goat imported for im- (ii) The bovines are imported only mediate slaughter; or through a port of entry listed in (3) A ruminant other than a sheep or § 93.403(b) or as provided for in goat and that ruminant: § 93.403(f); (i) Was born in Canada or the United (iii) The bovines were officially iden- States, and has been in no region other tified prior to arriving at the port of than Canada or the United States, or (ii) Has been legally imported into entry in the United States with unique Canada from some other region and un- individual identification that is trace- conditionally released in Canada so as able to each bovine’s premises of ori- to be eligible to move freely within gin. No person may alter, deface, re- that region without restriction of any move, or otherwise tamper with the of- kind and has been in Canada after such ficial identification while the animal is release for 60 days or longer. in the United States or moving into or (b) For all ruminants offered for im- through the United States, except that portation from Canada, the importer or the identification may be removed at his or her agent shall present two cop- slaughter; and ies of a declaration as provided in (iv) The bovines are permanently and § 93.407. humanely identified using one of the following additional methods: [55 FR 31495, Aug. 2, 1990, as amended at 60 (A) A ‘‘CLN’’ mark properly applied FR 13900, Mar. 15, 1995. Redesignated and with a freeze brand, hot iron, or other amended at 62 FR 56012, 56018, Oct. 28, 1997] method, and easily visible on the live § 93.418 Cattle and other bovines from animal and on the carcass before skin- Canada. ning. Such a mark must be not less (a) Health certificates. Cattle intended than 2 inches nor more than 3 inches for importation from Canada must be high, and must be applied to each ani- accompanied by a certificate issued in mal’s right hip, high on the tail-head accordance with § 93.405(a). The certifi- (over the junction of the sacral and cate must state that the cattle have first coccygeal vertebrae); or been inspected and were found to be (B) A tattoo with the letters ‘‘CLN’’ free from any evidence of commu- applied to the inside of one ear of the nicable disease and that, as far as can animal; or be determined, they have not been ex- (C) Other means of permanent identi- posed to any such disease during the fication upon request if deemed ade- preceding 60 days. Cattle found un- quate by the Administrator to humanely identify the animal in a dis- 9 Importations from Canada shall be sub- tinct and legible way as having been ject to §§ 93.417 to 93.421, inclusive, in addi- imported from Canada. tion to other sections in this part which are (3) The bovines are accompanied by a in terms applicable to such importations. certificate issued in accordance with

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§ 93.405 that states, in addition to the (d)(3) of this section have been met, statements required by § 93.405, that and, for sheep and goats imported for the conditions of paragraph (d)(2) of other than immediate slaughter, the this section, as applicable, have been certificate must state that the condi- met. tions of paragraphs (e)(1) and (e)(2) of this section have been met. (Approved by the Office of Management and Budget under control number 0579–0393) (d) Sheep and goats imported for immediate slaughter. Sheep and goats im- [55 FR 31495, Aug. 2, 1990, as amended at 55 ported from Canada for immediate FR 49990, Dec. 4, 1990; 58 FR 37641, July 13, 1993; 59 FR 28216, June 1, 1994; 61 FR 17238, slaughter must be imported only Apr. 19, 1996. Redesignated and amended at 62 through a port of entry listed in FR 56012, 56018, Oct. 28, 1997; 71 FR 12997, Mar. § 93.403(b) or as provided for in § 93.403(f) 14, 2006; 78 FR 72996, Dec. 4, 2013; 78 FR 73993, in a means of conveyance sealed in Dec. 10, 2013; 85 FR 57952, Sept. 17, 2020] Canada with seals of the Canadian Gov- ernment, and must be moved directly § 93.419 Sheep and goats from Canada. as a group from the port of entry to a (a) Sheep and goats intended for im- recognized slaughtering establishment portation from Canada must be accom- for slaughter as a group. The sheep and panied by a certificate issued in ac- goats shall be inspected at the port of cordance with § 93.405. entry and otherwise handled in accord- (b) If the sheep or goats are unaccom- ance with § 93.408. The seals on the panied by the certificate required by means of conveyance must be broken paragraph (a) of this section, or if they only at the port of entry by the APHIS are found upon inspection at the port port veterinarian or at the recognized of entry to be affected with or exposed slaughtering establishment by an au- to a communicable disease, they shall thorized USDA representative. If the be refused entry and shall be handled seals are broken by the APHIS port or quarantined, or otherwise disposed veterinarian at the port of entry, the of, as the Administrator may direct. means of conveyance must be resealed (c) Any sheep or goats imported from with seals of the U.S. Government be- Canada must not be pregnant, must be fore being moved to the recognized less than 12 months of age when im- slaughtering establishment. The ship- ported into the United States and when ment must be accompanied from the slaughtered, must be from a flock or port of entry to the recognized slaugh- herd subject to a ruminant feed ban tering establishment by APHIS Form equivalent to the requirements estab- VS 17–33, which must include the loca- lished by the U.S. Food and Drug Ad- tion of the recognized slaughtering es- ministration at 21 CFR 589.2000, and, tablishment. Additionally, the sheep before the animal’s arrival at the port and goats must meet the following con- of entry into the United States, must ditions: be officially identified with unique in- (1) The animals have not tested posi- dividual identification that is trace- tive for and are not suspect for a trans- able to the premises of origin of the missible spongiform encephalopathy; animal. No person may alter, deface, (2) The animals have not resided in a remove, or otherwise tamper with the flock or herd that has been diagnosed official identification while the animal with BSE; and is in the United States or moving into (3) The animals’ movement is not re- or through the United States, except stricted within Canada as a result of that the identification may be removed exposure to a transmissible spongiform at the time of slaughter. The animals encephalopathy. must be accompanied by the certifi- (e) Imported for feeding. Any sheep or cation issued in accordance with goats imported from Canada for feed- § 93.405 that states, in addition to the ing at a feedlot must be imported only statements required by § 93.405, that through a port of entry listed in the conditions of this paragraph have § 93.403(b) or as provided for in § 93.403(f) been met. Additionally, for sheep and in a means of conveyance sealed in the goats imported for immediate slaugh- region of origin with seals of the na- ter, the certificate must state that the tional government of the region of ori- conditions of paragraphs (d)(1) through gin, must be moved directly as a group

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from the port of entry to a designated a State representative, or an APHIS feedlot, must not be commingled with representative. The seals must be bro- any sheep or goats that are not being ken at the recognized slaughtering es- moved directly to slaughter from the tablishment only by an authorized designated feedlot at less than 12 USDA representative; months of age, and must meet the fol- (5) The animals must be accompanied lowing conditions: to the recognized slaughtering estab- (1) The sheep and goats must be per- lishment by APHIS Form VS 1–27 or manently and humanely identified be- other documentation deemed accept- fore arrival at the port of entry with a able by the Administrator, which must distinct and legible ‘‘C’’ mark, properly identify the physical location of the applied with a freeze brand, hot iron, or recognized slaughtering establishment, other method, and easily visible on the the individual responsible for the live animal and on the carcass before movement of the animals, and the indi- skinning. The mark must be not less vidual identification of each animal, than 1 inch or more than 11⁄4 inches high. Other means of permanent identi- which includes the official identifica- fication may be used upon request if tion required under paragraph (c) of deemed adequate by the Administrator this section and any other identifica- to humanely identify the animal in a tion present on the animal, including distinct and legible way as having been registration number, if any; imported from Canada; (6) The animals must be less than 12 (2) The animals may be moved from months of age when slaughtered; the port of entry only to a feedlot des- (7) To be approved to receive sheep or ignated in accordance with paragraph goats imported for feeding, a feedlot (e)(7) of this section and must be ac- must have signed a written agreement companied from the port of entry to with the Administrator stating that the designated feedlot by APHIS Form the feedlot: VS 17–130 or other movement docu- (i) Will not remove official identifica- mentation deemed acceptable by the tion from animals unless medically Administrator, which must identify necessary, in which case new official the physical location of the feedlot, the identification will be applied and cross individual responsible for the move- referenced in the records; ment of the animals, and the individual (ii) Will monitor all incoming im- identification of each animal, which in- ported feeder animals to ensure that cludes the official identification re- they have the required ‘‘C’’ brand; quired under paragraph (c) of this sec- (iii) Will maintain records of the action and any other identification quisition and disposition of all im- present on the animal, including reg- ported sheep and goats entering the istration number, if any: feed lot, including the official identi- (3) The seals of the national government of Canada must be broken only at fication number and all other identi- the port of entry by the APHIS port fying information, the age of each ani- veterinarian or at the designated feed- mal, the date each animal was acquired lot by an authorized USDA representa- and the date each animal was shipped tive. If the seals are broken by the to slaughter, and the name and loca- APHIS port veterinarian at the port of tion of the plant where each animal entry, the means of conveyance must was slaughtered. For Canadian animals be resealed with seals of the U.S. Gov- that die in the feedlot, the feedlot will ernment before being moved to the des- remove the official identification de- ignated feedlot; vice if affixed to the animal, or will (4) The animals must remain at the record any other official identification designated feedlot until transported to on the animal and place the official a recognized slaughtering establish- identification device or record of offi- ment. The animals must be moved di- cial identification in a file with a rectly to the recognized slaughtering record of the disposition of the carcass; establishment in a means of convey- (iv) Will maintain copies of the ance sealed with seals of the U.S. Gov- APHIS Forms VS 17–130 and VS 1–27 or ernment by an accredited veterinarian, other movement documentation

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deemed acceptable by the Adminis- entry. The seals may be broken only at trator that have been issued for incom- the recognized slaughtering establish- ing animals and for animals moved to ment by an authorized USDA rep- slaughter and that list the official resentative. identification of each animal; (3) The ruminants must be accom- (v) Will allow State and Federal ani- panied from the port of entry to the mal health officials access to inspect recognized slaughtering establishment its premises and animals and to review by APHIS Form VS 17–33, which must inventory records and other required include the location of the recognized files upon request; slaughtering establishment. (vi) Will keep required records for at (b) Bovines. In addition to meeting least 5 years; the requirements of paragraph (a) of (vii) Will designate either the entire this section, bovines may be imported feedlot or pens within the feedlot as from Canada for immediate slaughter terminal for sheep and goats to be only under the following conditions: moved only directly to slaughter at (1) The bovines must have been born less than 12 months of age, and after March 1, 1999, the date deter- (viii) Agrees that if inventory cannot mined by APHIS to be the date of effec- be reconciled or if animals are not tive enforcement of a ruminant-to-ru- moved to slaughter as required the ap- minant feed ban in Canada; proval of the feedlot will be imme- (2) Before the animal’s arrival at the diately withdrawn. port of entry into the United States, (Approved by the Office of Management and each bovine imported into the United Budget under control numbers 0579–0040, States from Canada must be officially 0579–0234, and 0579–0277) identified with unique individual identification that is traceable to the [55 FR 31495, Aug. 2, 1990, as amended at 59 premises of origin of the animal. No FR 28216, June 1, 1994; 61 FR 17239, Apr. 19, 1996. Redesignated and amended at 62 FR person may alter, deface, remove, or 56012, 56018, Oct. 28, 1997; 68 FR 6344, Feb. 7, otherwise tamper with the official 2003; 70 FR 547, Jan. 4, 2005; 70 FR 71217, Nov. identification while the animal is in 28, 2005; 71 FR 12997, Mar. 14, 2006; 72 FR 53376, the United States or moving into or Sept. 18, 2007; 73 FR 3383, Jan. 18, 2008] through the United States, except that the identification may be removed at § 93.420 Ruminants from Canada for slaughter; and immediate slaughter other than (3) The bovines must be accompanied sheep and goats. by a certificate issued in accordance (a) General requirements. The require- with § 93.405 that states, in addition to ments for the importation of sheep and the statements required by § 93.405, goats from Canada for immediate that the conditions of paragraphs (b)(1) slaughter are contained in § 93.419. and (b)(2) of this section have been There are no BSE-related restrictions met. on the importation of cervids or camelids from Canada. All other (Approved by the Office of Management and ruminants imported from Canada for Budget under control numbers 0579–0234 and 0579–0393) immediate slaughter, in addition to meeting all other applicable require- [78 FR 72996, Dec. 4, 2013] ments of this part, may be imported only under the following conditions: § 93.421 Special provisions. (1) The ruminants must be imported (a) In-bond shipments from Canada. (1) only through a port of entry listed in Cattle, sheep, and goats from Canada § 93.403(b) or as provided for in § 93.403(f) transported in-bond through the and be inspected at the port of entry United States for immediate export and otherwise handled in accordance shall be inspected at the border port of with § 93.408. entry and, when accompanied by an (2) The ruminants must be moved di- import permit obtained under § 93.404 of rectly from the port of entry to a rec- this part and all conditions therein are ognized slaughtering establishment in observed, shall be allowed entry into conveyances that are sealed with seals the United States and shall be other- of the U.S. Government at the port of wise handled as provided in paragraph

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(b) of § 93.401. Ruminants not accom- identical ruminants covered by said panied by a permit shall meet the re- certificates or are the natural increase quirements of this part in the same of such ruminants born after official manner as ruminants destined for im- test dates certified on the dam’s health portation into the United States, ex- certificate. cept that the Administrator may per- [55 FR 31495, Aug. 2, 1990. Redesignated and mit their inspection at some other amended at 62 FR 56012, 56018, Oct. 28, 1997; 81 point when he or she finds that such FR 40151, June 21, 2016] action will not increase the risk that communicable diseases of livestock CENTRAL AMERICA AND WEST INDIES 10 and poultry will be disseminated to the livestock or poultry of the United § 93.422 Import permit and declaration States. for ruminants. (2) In-transit shipments through Can- (a) For ruminants intended for im- ada. Ruminants originating in the portation from regions of Central United States and transported directly America or of the West Indies, the im- through Canada may re-enter the porter shall first apply for and obtain United States without Canadian health from APHIS an import permit as pro- or test certificates when accompanied vided in § 93.404: Provided, That the Ad- by copies of the United States export ministrator, when he or she finds that health certificates properly issued and such action may be taken without en- endorsed in accordance with regula- dangering the livestock or poultry in- tions in part 91 of this chapter: Pro- dustry of the United States, may, upon vided, That, to qualify for entry, the request by any person, authorize the date, time, port of entry, and signature importation by such person, without of the Canadian Port Veterinarian that such application or permit, from the inspected the ruminants for entry into British Virgin Islands into the Virgin Canada shall be recorded on the United Islands of the United States, of States health certificate, or a docu- ruminants consigned for immediate ment containing information shall be slaughter, and such authorization may included with the certificate that ac- be limited to a particular shipment or companies the ruminants. In all cases extend to all shipments under this it shall be determined by the veteri- paragraph by such person during a nary inspector at the United States specified period of time. The importa- port of entry that the ruminants are tion of cattle from any area infested the identical ruminants covered by with cattle fever ticks is prohibited ex- said certificate. cept as provided in paragraph (c) of (b) Exhibition ruminants. Ruminants § 93.423. from the United States which have (b) For all ruminants offered for im- been exhibited at the Royal Agricul- portation from countries of Central tural Winter Fair at Toronto or other America or of the West Indies, the im- publicly recognized expositions in Can- porter or his or her agent shall present ada, including racing, rodeo, circus, or two copies of a declaration as provided stage exhibitions in Canada, and have in § 93.407. not been in that region for more than [55 FR 31495, Aug. 2, 1990. Redesignated and 90 days are eligible for return to the amended at 62 FR 56012, 56019, Oct. 28, 1997] United States without Canadian health or test certificates, if they are accom- § 93.423 Ruminants from Central panied by copies of the United States America and the West Indies. health certificate, issued and endorsed (a) In addition to all other applicable in accordance with the export regula- requirements of the regulations in this tions contained in part 91 of this chap- part, ruminants intended for importa- ter for entry into Canada: Provided, tion from Central America and the That all ruminants offered for re-entry upon examination by the veterinary in- 10 Importations from regions of Central spector at the U.S. port of entry, are America and the West Indies shall be subject found by the inspector to be free of to §§ 93.422 and 93.423, in addition to other communicable diseases and exposure sections in this part, which are in terms ap- thereto and are determined to be the plicable to such importations.

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West Indies, except as provided in para- in isolation until slaughtered, which graph (c) of this section, must be ac- shall be within 14 days after the date of companied by a certificate issued in ac- entry into the United States Virgin Is- cordance with § 93.405(a) stating that lands; and if they are accompanied by a the animals have been in that region at certificate of a responsible official of least 60 days immediately preceding the government of the British Virgin the date of shipment to the United Islands certifying that the cattle origi- States; that he or she has inspected the nated in and are being shipped directly ruminants on the premises of origin from the British Virgin Islands, that and found them free from evidence of they are free of fever ticks, and that, any communicable disease; and that, as as far as it has been possible to deter- far as it has been possible to determine, such cattle are free from evi- mine, the ruminants have not been ex- dence of communicable disease and posed to any communicable disease have not been exposed to any such dis- during the preceding 60 days. If no such ease common to animals of their kind, veterinary officer is available in the re- other than bovine babesiosis, during gion of origin, ruminants, other than the 60 days preceding their movement sheep and goats, may be accompanied to the United States Virgin Islands. by an affidavit of the owner or im- (d) If ruminants are unaccompanied porter stating that such ruminants by the certificate or affidavit as re- have been in the region from which quired by paragraphs (a), (b), or (c) of they were directly shipped to the this section, or if they are found upon United States for a period of at least 60 inspection at the port of entry to be af- days immediately preceding the date of fected with a communicable disease or shipment therefrom, and that during to have been exposed thereto, they such period no communicable disease shall be refused entry, except as pro- has existed among them or among ani- vided in paragraph (c) of this section. mals of their kind with which they Ruminants refused entry shall be han- have come in contact. Ruminants for dled or quarantined, or otherwise dis- which such affidavit is presented, un- posed of as the Administrator may di- less imported for immediate slaughter, rect. shall be quarantined at the port of (e) In addition to meeting all other entry at least seven days and during applicable requirements of this part, that time shall be subjected to such bovines from Central America and the dipping, blood tests or other tests, as West Indies may be imported only in may be required by the Administrator to determine their freedom from com- accordance with § 93.436. municable diseases. If imported for im- (Approved by the Office of Management and mediate slaughter, such animals shall Budget under control number 0579–0040) be handled as provided in § 93.420. [55 FR 31495, Aug. 2, 1990, as amended at 61 (b) The certificate accompanying FR 17239, Apr. 19, 1996. Redesignated and sheep and goats intended for importa- amended at 62 FR 56012, 56019, Oct. 28, 1997; 68 tion from Central America and the FR 6344, Feb. 7, 2003; 78 FR 72997, Dec. 4, 2013; West Indies must, in addition to the 80 FR 10324, Feb. 26, 2015; 85 FR 57952, Sept. statements required by paragraph (a) 17, 2020] of this section, meet all of the requirements of § 93.405. MEXICO 11 (c) Cattle, which have been infested with or exposed to fever ticks, may be § 93.424 Import permits and applica- imported from the British Virgin Is- tions for inspection of ruminants. lands into the United States Virgin Is- (a) For ruminants intended for im- lands, for immediate slaughter, only, if portation from Mexico, the importer they are free from fever ticks at the shall first apply for and obtain from time of such importation; if they are APHIS an import permit as provided in entered through one of the ports designated in § 93.403(d) and are consigned 11 Importations from Mexico shall be sub- to a recognized slaughtering establish- ject to §§ 93.424 to 93.429, inclusive, in addi- ment with facilities approved by the tion to other sections in this part which are Administrator for holding the animals in terms applicable for such importations.

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§ 93.404: Provided, That an import per- (b) Ruminants covered by paragraph mit is not required for a ruminant of- (a) of this section shall be imported fered for entry at a land border port through ports, designated in § 93.403, designated in § 93.403(c), if such animal which are equipped with facilities nec- is: essary for proper chute inspection, dip- (1) A wether; or ping, and testing, as provided in this (2) A sheep or goat imported for im- part. mediate slaughter. [55 FR 31495, Aug. 2, 1990, as amended at 60 (b) For ruminants intended for im- FR 13898, Mar. 15, 1995. Redesignated and portation into the United States from amended at 62 FR 56012, 56019, Oct. 28, 1997; 68 Mexico the importer or his or her agent FR 6344, Feb. 7, 2003] shall deliver to the veterinary inspector at the port of entry an application, § 93.427 Cattle and other bovines from in writing, for inspection, so that the Mexico. veterinary inspector and customs rep- (a) Cattle and other ruminants from resentatives may make mutual satis- Mexico. Cattle and other ruminants factory arrangements for the orderly from Mexico, except animals being inspection of the animals. The veteri- transported in bond for immediate re- nary inspector at the port of entry will turn to Mexico or animals imported for provide the importer or his or her immediate slaughter, may be detained agent with a written statement assign- at the port of entry, and there sub- ing a date when the animals may be jected to such disinfection, blood tests, presented for import inspection. other tests, and dipping as required in this part to determine their freedom [55 FR 31495, Aug. 2, 1990, as amended at 60 from any communicable disease or in- FR 13898, 13900, Mar. 15, 1995. Redesignated fection of such disease. The importer and amended at 56012, 56019, Oct. 28, 1997; 68 FR 35534, June 16, 2003; 85 FR 57952, Sept. 17, shall be responsible for the care, feed, 2020] and handling of the animals during the period of detention. In addition, each § 93.425 Declaration for ruminants. steer or spayed heifer imported into For all ruminants offered for impor- the United States from Mexico shall be tation from Mexico, the importer or his identified with a distinct, permanent, or her agent shall present two copies of and legible ‘‘M’’ mark applied with a a declaration as provided in § 93.407. freeze brand, hot iron, or other method prior to arrival at a port of entry, un- [55 FR 31495, Aug. 2, 1990. Redesignated and less the steer or spayed heifer is being amended at 62 FR 56012, 56019, Oct. 28, 1997] transported in bond for immediate return to Mexico or imported for slaugh- § 93.426 Inspection at port of entry. ter in accordance with § 93.429. The (a) All ruminants offered for entry ‘‘M’’ mark shall be between 3 inches from Mexico, including such ruminants (7.5 cm) and 5 inches (12.5 cm) high and intended for movement through the wide, and shall be applied to each ani- United States in bond for immediate mal’s right hip, within 4 inches (10 cm) return to Mexico, shall be inspected at of the midline of the tailhead (that is, the port of entry, and all such the top of the brand should be within 4 ruminants found to be free from com- inches (10 cm) of the midline of the municable disease and fever tick infes- tailhead, and placed above the hook tation, and not to have been exposed and pin bones). The brand should also thereto, shall be admitted into the be within 18 inches (45.7 cm) of the United States subject to the other ap- anus. plicable provisions of this part. (b)(1) Cattle from regions of Mexico that Ruminants found to be affected with or APHIS has determined to be free from to have been exposed to a commu- fever ticks. APHIS has evaluated cer- nicable disease, or infested with fever tain regions of Mexico in accordance ticks, shall be refused entry except as with § 92.2 of this chapter, and deter- provided in § 93.427(b)(2). Ruminants re- mined that they are free from fever fused entry shall be handled or quar- ticks; a list of all such regions is found antined or otherwise disposed of as the on the Internet http:// Administrator may direct. www.aphis.usda.gov/wps/ portal/aphis/

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ourfocus/importexport. Copies of the list that is listed in § 72.13 of this chapter are also available by contacting APHIS under the supervision of an inspector at the following address: Regionaliza- at the port of entry. tion Evaluation Services, National Im- (vii) If any cattle are determined to port Export Services, Veterinary Serv- be infested with fever ticks, the lot of ices, Animal and Plant Health Inspec- cattle is refused entry and may only be tion Service, 4700 River Road Unit 38, imported into the United States sub- Riverdale, MD 20737. Regions may be ject to the requirements in paragraph removed from the list based on a deter- (b)(2) of this section. mination by APHIS that fever ticks (2) Cattle from regions of Mexico that exist in the region, on the discovery of APHIS has not determined to be free from tick-infested cattle from the region at fever ticks. Cattle from regions of Mex- a port of entry into the United States, ico that APHIS has not determined to or on information provided by a rep- be free from fever ticks may only be resentative of the government of that imported into the United States sub- region that fever ticks exist in the re- ject to the following conditions: gion. Cattle from regions of Mexico (i) The cattle have been inspected by that APHIS has determined to be free a veterinarian in Mexico and, in the de- from fever ticks may be imported into termination of the veterinarian, are the United States subject to the fol- free from fever ticks and all evidence lowing conditions: of communicable diseases, and have (i) The cattle are accompanied by a not been exposed to communicable dis- certificate issued in accordance with eases, other than bovine babesiosis, § 93.405 that states that the cattle origi- during the 60 days prior to movement nate from a region of Mexico that to a port of entry into the United APHIS has determined to be free from States. fever ticks. (ii) The cattle have been treated in (ii) If the cattle will transit to the Mexico with a tickicidal dip that is United States through an area of Mex- listed in § 72.13 of this chapter within 7 ico that APHIS has not determined to to 14 days before being offered for entry be free from fever ticks, they are into the United States. moved in a sealed means of convey- (iii) The cattle are accompanied by a ance, and that seal remains intact certificate issued in accordance with throughout such transit. § 93.405 that states that this inspection (iii) The cattle are presented for and dipping have occurred. entry into the United States at a land (iv) The cattle are presented for border port of entry listed in § 93.403(c). entry into the United States at the (iv) The cattle are segregated at the port of entry at Santa Teresa, NM, or a U.S. port of entry from cattle from report of entry within Texas that is list- gions of Mexico that APHIS has not de- ed in § 93.403(c). termined to be free from fever ticks. (v) The importer, or his or her agent, (v) The importer, or his or her agent, executes and delivers to the inspector executes and delivers to the inspector at the port of entry an application for at the port of entry an application for inspection and supervised dipping. In inspection or supervised dipping. In this application, the importer, or his or this application, the importer, or his or her agent, agrees to waive all claims her agent, waive all claims against the against the United States for any loss United States for any loss or damage or damage to the cattle occasioned by to the cattle occasioned by or resulting or resulting from this dipping or from from inspection or dipping or from the the fact that the cattle are later found fact that the cattle are later found still to still be infested with ticks, and for to be tick infested, and for any loss or any loss or damage to any other cattle damage to any other cattle in the im- in the importer’s possession or control porter’s possession or control that that come in contact with the dipped come in contact with the dipped cattle. cattle. (vi) The cattle are either inspected (vi) When offered for entry, the cattle by an APHIS inspector at the port of receive an inspection by an inspector. entry for evidence of tick infestation If free from fever ticks, the cattle are or are treated with a tickicidal dip treated once with a tickicidal dip that

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is listed in § 72.13 of this chapter 7 to 14 (iii) Other means of permanent iden- days after the dipping required in para- tification upon request if deemed ade- graph (b)(2)(ii) of this section. If found quate by the Administrator to hu- to be infested with fever ticks, the cat- manely identify the animal in a dis- tle are refused entry and may not be tinct and legible way as having been inspected again at a port of entry until imported from Mexico. they are again dipped and 7 to 14 days (4) The bovines are accompanied by a have elapsed. certificate issued in accordance with (vii) The cattle are not imported into § 93.405 that states, in addition to the an area of Texas that is quarantined in statements required by § 93.405, that accordance with § 72.5 of this chapter the conditions of paragraphs (e)(1) for bovine babesiosis, or for tick infes- through (e)(3) of this section have been tation. met. (c) Importation of Holsteins from Mex- (Approved by the Office of Management and ico. The importation of Holstein steers, Budget under control numbers 0579–0040, Holstein spayed heifers, Holstein cross 0579–0224, 0579–0393, and 0579–0425) steers, and Holstein cross spayed heif- [55 FR 31495, Aug. 2, 1990, as amended at 57 ers from Mexico is prohibited. FR 2010, Jan. 17, 1992; 57 FR 28080, 28081, June (d) [Reserved] 24, 1992; 58 FR 68509, Dec. 28, 1993; 59 FR 24886, (e) BSE. In addition to meeting the May 13, 1994; 59 FR 65897, Dec. 22, 1994; 60 FR requirements of this section and all 13898, Mar. 15, 1995; 61 FR 17239, Apr. 19, 1996. Redesignated and amended at 62 FR 56012, other applicable requirements of this 56019, Oct. 28, 1997; 62 FR 64266, Dec. 5, 1997; part, bovines may be imported from 66 FR 20190, Apr. 20, 2001; 69 FR 9750, Mar. 2, Mexico only under the following condi- 2004; 74 FR 5, Jan. 2, 2009; 78 FR 72997, Dec. 4, tions: 2013; 80 FR 10324, Feb. 26, 2015; 83 FR 64225, (1) The bovines were born after No- Dec. 14, 2018; 85 FR 57952, Sept. 17, 2020] vember 30, 2007, the date determined by EFFECTIVE DATE NOTE: At 74 FR 5, Jan. 2, APHIS to be the date of effective en- 2009, as corrected at 74 FR 22091, May 12, 2009, forcement of a ruminant-to-ruminant § 93.427 was amended by revising paragraph feed ban in Mexico. (b)(2) introductory text, effective date de- (2) The bovines were officially identi- layed indefinitely. For the convenience of the user, the revised text is set forth as fol- fied prior to arriving at the port of lows: entry in the United States with unique individual identification that is trace- § 93.427 Cattle from Mexico. able to each bovine’s premises of origin. No person may alter, deface, re- * * * * * move, or otherwise tamper with the of- (b) * * * ficial identification while the animal is (2) Cattle that have been exposed to sple- in the United States or moving into or netic, southern, or tick fever, or that have through the United States, except that been infested with or exposed to fever ticks, the identification may be removed at may be imported from Mexico for admission slaughter. into the United States, except into areas of (3) The bovines, if sexually intact, Texas quarantined because of said disease or are permanently and humanely identi- tick infestation as specified in § 72.5 of this chapter, at one of the land border ports in fied using one of the following addi- Texas listed in § 93.403(c), the port of Santa tional methods: Teresa, NM, or the port of San Luis, AZ, pro- (i) An ‘‘M’’ mark properly applied vided that the following conditions are with a freeze brand, hot iron, or other strictly observed and complied with: method, and easily visible on the live animal and on the carcass before skin- * * * * * ning. Such a mark must be between 3 inches (7.5 cm) and 5 inches (12.5 cm) § 93.428 Sheep and goats and wild high and wide, and must be applied to ruminants from Mexico. the upper right front shoulder of each (a) Sheep and goats intended for im- animal; or portation from Mexico shall be accom- (ii) A tattoo with the letters ‘‘MX’’ panied by a certificate issued in ac- applied to the inside of one ear of the cordance with § 93.405 and stating, if animal; or such sheep and goats are shipped by

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rail or truck, that such animals were cordance with § 93.405(a) and stating loaded into cleaned and disinfected that the veterinarian who issued the cars or trucks for transportation direct certificate has inspected the animals in to the port of entry. Notwithstanding the herd from which the ruminants will such certificate, such sheep and goats be imported and found them free of evi- shall be detained as provided in dence of communicable disease, and § 93.427(a) and shall be dipped at least that, so far as it has been possible to once in a permitted scabies dip under determine, they have not been exposed supervision of an inspector. to any such disease common to animals (b) The certificate accompanying of their kind during the preceding 60 goats offered for importation from days, and if the ruminants are shipped Mexico shall, in addition to the state- by rail or truck, the certificate shall ments required by paragraph (a) of this further specify that the ruminants section, state that such goats have were loaded into cleaned and dis- been tested for tuberculosis and brucel- infected cars or trucks for transpor- losis with negative results within 30 tation directly to the port of entry. days preceding their being offered for Such ruminants shall be moved from entry, and give the date and method of the port of entry in conveyances sealed testing, the name of the consignor and with seals of the United States Govern- of the consignee, and a description of ment. Sheep and goats from any part of the animals including breed, ages, Mexico may be imported only in com- markings, and tattoo and eartag num- pliance with other applicable sections bers. Notwithstanding such certifi- in this part. cation, such goats shall be detained or quarantined as provided in § 93.427 and [55 FR 31495, Aug. 2, 1990, as amended at 57 FR 28081, June 24, 1992; 61 FR 17239, Apr. 19, retested for brucellosis. 1996. Redesignated and amended at 62 FR (c) If sheep or goats are unaccom- 56012, 56019, Oct. 28, 1997] panied by the certificate as required by paragraphs (a) and (b) of this section, ADDITIONAL GENERAL PROVISIONS or if they are found upon inspection or retesting, as provided for in this part, §§ 93.430–93.434 [Reserved] to be affected with a communicable disease or to have been exposed there- § 93.435 Sheep and goats. to, they shall be refused entry and (a) Except as provided in paragraph shall be handled or quarantined, or (b) of this section, all sheep and goats otherwise disposed of as the Adminis- imported into the United States must trator may direct. be placed in a flock or herd in the (d) Certificates will not be required United States that participates in the for wild ruminants, other than sheep Voluntary Scrapie Flock Certification and goats, originating in and shipped Program (see 9 CFR part 54, subpart B) direct from Mexico, but such animals and: are subject to inspection at the port of (1) The flock or herd qualifies as a entry as provided in § 93.426. ‘‘Certified’’ flock or herd; or (Approved by the Office of Management and (2) The flock or herd owner has Budget under control number 0579–0040) agreed, in writing, to maintain the flock or herd in compliance with all re- [55 FR 31495, Aug. 2, 1990, as amended at 56 quirements of the Voluntary Scrapie FR 367, Jan. 4, 1991; 57 FR 28081, June 24, 1992; 61 FR 17239, Apr. 19, 1996. Redesignated and Flock Certification Program until the amended at 62 FR 56012, 56019, Oct. 28, 1997; 68 flock or herd qualifies as a ‘‘Certified’’ FR 6344, Feb. 7, 2003] flock or herd. (b) The following sheep and goats are § 93.429 Ruminants for immediate not subject to paragraph (a) of this sec- slaughter. tion: Ruminants, other than sheep and (1) Goats intended for importation goats, may be imported from Mexico, from Australia, Canada, or New Zea- subject to the applicable provisions of land; §§ 93.424, 93.425, 93.426, and 93.427(b)(2) (2) Goats intended for importation for immediate slaughter if accom- from any region other than Australia, panied by a certificate issued in ac- Canada, or New Zealand, provided that

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such goats have not had any contact from which the sheep or goats are to be with sheep during the 5 years imme- imported. diately prior to shipment, in accord- (f) Sheep and goats imported under ance with § 93.405(b)(2)(ii); paragraph (a)(2) of this section must be (3) Sheep intended for importation monitored for scrapie disease until the from Australia, Canada, or New Zea- flock or herd qualifies as a ‘‘Certified’’ land, provided that none of the female flock or herd. sheep in the flock from which the sheep (g) Except for imported sheep and will be imported has been impregnated, goats placed in Certifiable Class C during the 5 years immediately pre- flocks or herds, the certificate accom- ceding shipment of the sheep to the panying sheep or goats imported under United States, with germ plasm from a paragraph (a) of this section must con- region other than Australia, Canada, tain the following statement: ‘‘The ani- New Zealand, or the United States, in mals identified on this certificate have accordance with § 93.405(c)(3); been monitored by a salaried veteri- (4) Wethers; nary officer of [name of country of ori- (5) Sheep or goats imported for im- gin], for [number of months], in the same mediate slaughter; and source flock or herd which had been de- (6) Wild sheep or goats imported for termined by the Administrator, exhibition purposes to an approved zoo- APHIS, prior to the exportation of logical park in accordance with these animals to the United States, to § 93.404(c). be equivalent to [certification level] of (c) Sheep or goats may be imported the Voluntary Scrapie Flock Certifi- under paragraph (a) of this section only cation Program authorized under 9 if the importer provides the Voluntary CFR part 54, subpart B.’’ Scrapie Flock Certification Program (1) The Administrator will determine, identification number of the receiving based upon information supplied by the flock or herd as part of the application importer, whether the flock or herd for an import permit. from which the animals are to be im- (d) Sheep and goats may be imported ported participates in a program in the under paragraph (a)(1) of this section country of origin that is equivalent to only if they come from a flock or herd the Voluntary Scrapie Flock Certifi- in the region of origin that participates cation Program, and if so, at what in a program determined by the Ad- level the source flock or herd should be ministrator to be equivalent to the classified. Voluntary Scrapie Flock Certification (2) In order for the Administrator to Program, and the flock or herd has make a determination, the importer been determined by the Administrator must supply the following information to be at a level equivalent to ‘‘Cer- with the application for an import per- tified’’ in the Voluntary Scrapie Flock mit no less than 1 month prior to the Certification Program. anticipated date of importation: (e) Sheep and goats may be imported (i) The name, title, and address of a under paragraph (a)(2) of this section knowledgeable official in the veteri- only if they are placed in a Certifiable nary services of the region of origin; Class C flock or herd participating in (ii) The details of scrapie control pro- the Voluntary Scrapie Flock Certifi- grams in the region of origin, including cation Program; except, that if the information on disease surveillance sheep and goats come from a flock or and border control activities and the herd in the region of origin that par- length of time such activities have ticipates in a program determined by been in effect; the Administrator to be equivalent to (iii) Any available information con- the Voluntary Scrapie Flock Certifi- cerning additions, within the 5 years cation Program, then the sheep and immediately preceding shipment to the goats may be placed in a herd or flock United States, to the flock or herd in the United States which would be from which the sheep and goats will be classified at a level equivalent to or imported; lower (i.e., at a greater risk) than the (iv) Any available data concerning certification level, as determined by disease incidence, within the 5 years the Administrator, of the flock or herd immediately preceding shipment to the

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United States, in the flock or herd gion for BSE in which there has been from which the sheep or goats are to be no indigenous case of BSE. imported, including, but not limited to, (b) Bovines from a region of negligible the results of diagnostic tests, espe- risk for BSE in which there has been an cially histopathology tests, conducted indigenous case of BSE and bovines from on any animals in the flock or herd; a region of controlled risk for BSE. Bo- (v) Information concerning the vines from a region of negligible risk health, within the 5 years immediately for BSE, as defined in § 92.1 of this sub- preceding shipment to the United chapter, in which there has been an in- States, of other ruminants, flocks, and digenous case of BSE, and bovines from herds with which the imported sheep a region of controlled risk for BSE, as and goats, and with which animals in defined in § 92.1 of this subchapter, may the sheep or goats’ flock or herd might be imported only under the following have had physical contact, and a de- conditions: scription of the type and frequency of (1) Prior to importation into the such physical contact; and United States, each bovine is officially (vi) Any other information requested identified with unique individual iden- by the Administrator in specific cases tification that is traceable to the as needed to make a determination. premises of origin of the animal. No person may alter, deface, remove, or (Approved by the Office of Management and otherwise tamper with the official Budget under control numbers 0579–0040 and identification while the animal is in 0579–0101) the United States or moving into or [61 FR 17240, Apr. 19, 1996. Redesignated and through the United States, except that amended at 62 FR 56012, 56019, Oct. 28, 1997] the identification may be removed at slaughter. § 93.436 Bovines from regions of neg- (2) The bovines are permanently and ligible risk, controlled risk, and un- humanely identified before arrival at determined risk for BSE. the port of entry with a distinct and The importation of bovines is prohib- legible mark identifying the exporting ited, unless the conditions of this sec- country. Acceptable means of perma- tion and any other applicable condi- nent identification include the fol- tions of this part are met. Once the bo- lowing: vines are imported, if they do not meet (i) A mark properly applied with a the conditions of this section, they freeze brand, hot iron, or other method, must be disposed of as the Adminis- and easily visible on the live animal trator may direct. and on the carcass before skinning. (a) Bovines from a region of negligible Such a mark must be not less than 2 risk for BSE in which there has been no inches nor more than 3 inches high, indigenous case of BSE. Bovines from a and must be applied to each animal’s region of negligible risk for BSE, as de- right hip, high on the tail-head (over fined in § 92.1 of this subchapter, in the junction of the sacral and first coc- which there has been no indigenous cygeal vertebrae); case of BSE, may be imported only if (ii) A tattoo with letters identifying the bovines are accompanied by an the exporting country must be applied original certificate issued by a full- to the inside of one ear of the animal; time salaried veterinary officer of the or national government of the exporting (iii) Other means of permanent iden- region, or issued by a veterinarian des- tification upon request if deemed ade- ignated or accredited by the national quate by the Administrator to hu- government of the exporting region manely identify the animal in a dis- and endorsed by a full-time salaried tinct and legible way as having been veterinary officer of the national gov- imported from a region of negligible ernment of the exporting region, rep- risk for BSE in which there has been resenting that the veterinarian issuing an indigenous case of BSE or from a re- the certificate was authorized to do so, gion of controlled risk for BSE. and the certificate attests that the ex- (3) The bovines were born after the porting region of the bovines is classi- date from which the ban on the feeding fied by APHIS as a negligible-risk re- of ruminants meat-and-bone meal or

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greaves derived from ruminants has § 93.437 Tuberculosis status of foreign been effectively enforced. regions. (4) The bovines are accompanied by (a) Level I regions. APHIS considers an original certificate issued by a full- certain regions of the world to have a time salaried veterinary officer of the program that meets APHIS require- national government of the exporting ments for tuberculosis classification in region, or issued by a veterinarian des- accordance with § 93.438, and a preva- ignated or accredited by the national lence of tuberculosis in their domestic government of the exporting region bovine herds of less than 0.001 percent and endorsed by a full-time salaried over at least the previous 2 years (24 veterinary officer of the national gov- consecutive months). ernment of the exporting region, rep- (b) Level II regions. APHIS considers resenting that the veterinarian issuing certain regions of the world to have a the certificate was authorized to do so, program that meets APHIS require- and the certificate attests to the BSE ments for tuberculosis classification in risk classification of the exporting re- accordance with § 93.438, and a preva- gion and that the conditions of para- lence of tuberculosis in their domestic graphs (b)(1) through (b)(3) of this sec- bovine herds equal to or greater than tion have been met. 0.001 percent, but less than 0.01 percent, (5) If there has been an indigenous over the previous 2 years (24 consecu- case of BSE in the exporting region, tive months). the following restrictions apply: (c) Level III regions. APHIS considers (i) Bovines that, during their first certain regions of the world to have a year of life, were reared with a bovine program that meets APHIS require- determined to be infected with BSE ments for tuberculosis classification in during its first year of life, and that an accordance with § 93.438, and a preva- investigation showed consumed the lence of tuberculosis in their domestic same potentially contaminated feed as bovine herds equal to or greater than the infected animal during that period 0.01 percent, but less than 0.1 percent, are not eligible for importation into over the previous year (12 consecutive the United States; and months). (ii) If the investigation was unable to (d) Level IV regions. APHIS considers determine whether the feed source that certain regions of the world to have a was used to feed the bovine known to program that meets APHIS require- be infected was also used to feed other ments for tuberculosis classification in bovines in the herd of the infected ani- accordance with § 93.438, and a preva- mal, all bovines born in the same herd lence of tuberculosis in their domestic as a BSE-infected bovine either within bovine herds equal to or greater than 12 months before or 12 months after the 0.1 percent, but less than 0.5 percent, birth of the infected animal are not eligible for importation into the United over the previous year (12 consecutive States. months). (c) Bovines from a region of undeter- (e) Level V regions. APHIS considers mined risk for BSE. Importation of bo- certain regions of the world not to vines from a region of undetermined have a program that meets APHIS re- risk for BSE, as defined in § 92.1 of this quirements for tuberculosis classifica- subchapter, is prohibited; Except that: tion in accordance with § 93.438, to The Administrator may allow such im- have a prevalence of tuberculosis in ports on a case-by-case basis if the live their domestic bovine herds equal to or bovines are imported for specific uses, greater than 0.5 percent, or to be including, but not limited to, show or unassessed by APHIS with regard to exhibition, and under conditions deter- tuberculosis. mined by the Administrator to be ade- (f) Listing of regions. Lists of all Level quate to prevent the spread of BSE. I regions, Level II regions, Level III regions, Level IV regions, and Level V re- (Approved by the Office of Management and gions for tuberculosis are found online, Budget under control number 0579–0234) at http://www.aphis.usda.gov/ im- [78 FR 72997, Dec. 4, 2013] portlexport/animals/livelanimals.shtml.

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Changes to the lists will be made in ac- culosis associated with such move- cordance with § 93.438. ment; and (iv) Access to, oversight of, and qual- [85 FR 57953, Sept. 17, 2020] ity controls for diagnostic testing for § 93.438 Process for requesting re- tuberculosis within the region. gional classification for tuber- (4) That the region has surveillance culosis. in place that is equivalent to or ex- (a) Request for regional classification; ceeds Federal standards for surveil- requirements. A representative of the lance within the United States. national government(s) of any country (b) APHIS evaluation. If, after review- or countries who has the authority to ing and evaluating the request for clas- make such a request may request that sification, APHIS believes the region APHIS classify a region for tuber- can be accurately classified for tuberculosis. Requests for classification or culosis, APHIS will publish a notice in reclassification must be submitted to the FEDERAL REGISTER proposing to APHIS electronically or through the classify the region according to § 93.437, mail as provided at http:// and making the information upon www.aphis.usda.gov/ importlexport/ which this proposed classification is animals/ livelanimals.shtml. Guidance based available to the public for review regarding how to complete a request in and comment. The notice will request a manner that will allow APHIS to re- public comment. view it expeditiously is available at (c) APHIS determination. (1) If no com- http://www.aphis.usda.gov/ im- ments are received on the notice, or if portlexport/animals/regl request.shtml, comments are received but do not af- and may also be obtained by con- fect APHIS’ proposed classification, tacting the National Director, Region- APHIS will publish a subsequent notice alization Evaluation Services, Strat- in the FEDERAL REGISTER announcing egy and Policy Unit, VS, APHIS, 4700 that classification to be final and add- River Road, Unit 38, Riverdale, MD ing the region to the appropriate list 20737. At a minimum, in order for on the APHIS website. APHIS to consider the request com- (2) If comments received on the no- plete, it must define the boundaries of tice suggest that the region be classi- the region, specify the prevalence level fied according to a different tuber- for tuberculosis within the region, and culosis classification, and APHIS demonstrate the following: agrees with the comments, APHIS will (1) That there is effective veterinary publish a subsequent notice in the FED- control and oversight within the re- ERAL REGISTER making the informa- gion; tion supplied by commenters available (2) That tuberculosis is a notifiable to the public, and proposing to classify disease within the region; and the region according to this different (3) That the region has a program in classification. The notice will request place for tuberculosis that includes, at public comment. a minimum: (3) If comments received on the no- (i) Epidemiological investigations tice suggest that insufficient informa- following the discovery of any infected tion was supplied on which to base a animals or affected herds, or any ani- tuberculosis classification, and APHIS mals or herds that have had non-nega- agrees with the comments, APHIS will tive test results following a test for tu- publish a subsequent notice in the FED- berculosis, and documentation of these ERAL REGISTER specifying the addi- investigations; tional information needed before (ii) Management of affected herds in APHIS can classify the region. a manner designed to eradicate tuber- (d) Maintaining classification and re- culosis from those herds in a timely classification initiated by APHIS. If a re- manner, and documentation regarding gion is classified under the provisions this management; of this section, that region may be re- (iii) Regulatory controls on the quired to submit additional informa- movement of livestock into, within, tion or allow APHIS to conduct addi- and from the region that correspond to tional information collection activities the risk of dissemination of tuber- in order for that region to maintain its

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classification. Moreover, if APHIS de- in accordance with paragraph (b) of termines that a region’s classification this section. for tuberculosis is no longer accurate, (e) Importation of bovines from a Level APHIS will publish a notice in the FED- III region. (1) Bovines directly from cur- ERAL REGISTER announcing the revised rently accredited herds for tuber- classification and setting forth the rea- culosis. Bovines may be imported into sons for this reclassification. the United States for purposes other (Approved by the Office of Management and than immediate slaughter directly Budget under control number 0579–0442) from a currently accredited herd for [85 FR 57953, Sept. 17, 2020] tuberculosis in a Level III region for tuberculosis, provided that: § 93.439 Importation of ruminants (i) The bovines are accompanied by a from certain regions of the world; certificate, issued in accordance with tuberculosis. § 93.405(a), with an additional state- (a) Importation of certain ruminants ment that the bovines originate di- prohibited. Notwithstanding any other rectly from a currently accredited herd provisions of this section, ruminants for tuberculosis; and that are known to be infected with or (ii) If sexually intact, the bovines are exposed to tuberculosis and ruminants subjected to an individual test for tu- that have had a non-negative response berculosis at the port of entry into the to any test for tuberculosis at any time United States or during post-arrival are prohibited importation into the quarantine in accordance with § 93.411, United States. with negative results. (b) Identification of bovines imported (2) Sexually intact bovines that do for any purpose. Unless otherwise speci- not originate directly from a currently fied by the Administrator, bovines im- accredited herd for tuberculosis may be ported into the United States for any imported into the United States from a purpose must be officially identified Level III region for tuberculosis for and accompanied by a certificate, purposes other than immediate slaugh- issued in accordance with § 93.405(a), ter, provided that: that lists the official identification of (i) The bovines originate from a herd the animals presented for import. that was subjected to a whole herd test (c) Importation of bovines from a Level for tuberculosis on its premises of ori- I region. Unless specified otherwise by gin no more than 1 year prior to the ex- the Administrator, bovines may be import of the bovines to the United ported into the United States from a States, with negative results; and Level I region for tuberculosis in ac- (ii) The bovines are subjected to an cordance with paragraph (b) of this sec- individual test for tuberculosis at the tion.12 port of entry into the United States or (d) Importation of bovines from a Level during post-arrival quarantine in ac- II region. (1) Sexually intact bovines cordance with § 93.411, with negative re- may be imported into the United sults; and States from a Level II region for tuberculosis for purposes other than imme- (iii) The bovines are accompanied by diate slaughter provided that the bo- a certificate, issued in accordance with vines are subjected to an individual § 93.405(a), with an additional state- test for tuberculosis at the port of ment that the animals meet the condi- entry into the United States or during tions for importation in paragraph post-arrival quarantine in accordance (e)(2)(i) of this section. with § 93.411, with negative results. (3) Steers or spayed heifers that do (2) Steers or spayed heifers may be not originate directly from a currently imported into the United States from a accredited herd for tuberculosis may be Level II region for tuberculosis for pur- imported into the United States from a poses other than immediate slaughter Level III region for tuberculosis for purposes other than immediate slaughter provided that: 12 The importation of such bovines, as well as that of all other bovines covered by this (i) The steers or spayed heifers are section, is still subject to all other relevant subjected to an individual test for tu- restrictions of this part. berculosis no more than 60 days prior

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to export of the bovines to the United (iii) The bovines are accompanied by States, with negative results; and a certificate, issued in accordance with (ii) The steers or spayed heifers are § 93.405(a), with an additional state- accompanied by a certificate, issued in ment that the bovines meet the re- accordance with § 93.405(a), with an ad- quirements in paragraph (f)(2)(i) of this ditional statement that the animals section. meet the conditions for importation in (3) Steers or spayed heifers that do paragraph (e)(3)(i) of this section. not originate directly from a currently (f) Importation of bovines from a Level accredited herd for tuberculosis may be IV region. (1) Bovines may be imported into the United States for purposes imported into the United States from a other than immediate slaughter di- Level IV region for tuberculosis for rectly from a currently accredited herd purposes other than immediate slaugh- for tuberculosis in a Level IV region ter provided that: for tuberculosis, provided that: (i) The bovines originate from a herd (i) The bovines are accompanied by a that was subjected to a whole herd test certificate, issued in accordance with for tuberculosis on its premises of ori- § 93.405(a), with an additional state- gin no more than 1 year prior to the ex- ment that the bovines originate di- port of the bovines, with negative re- rectly from a currently accredited herd sults; and for tuberculosis and, if steers or spayed (ii) The bovines are subjected to an heifers, meet the conditions for impor- additional individual test for tuber- tation in paragraph (f)(1)(iii) of this culosis no more than 60 days prior to section; and export of the bovines to the United (ii) If sexually intact, the bovines are States, with negative results, except subjected to an individual test for tu- that the individual test is not required berculosis at the port of entry into the United States or during post-arrival if the bovines are exported within 60 quarantine in accordance with § 93.411, days of the whole herd test and were with negative results; and included in that test; and (iii) If steers and spayed heifers, the (iii) The bovines are accompanied by bovines are subjected to an individual a certificate, issued in accordance with test for tuberculosis no more than 60 § 93.405(a), with an additional state- days prior to export of the bovines to ment that the bovines meet the re- the United States, with negative requirements in this paragraph (f)(3). sults. (g) Importation of bovines from a Level (2) Sexually intact bovines that do V region. At the discretion of the Ad- not originate directly from a currently ministrator, bovines may be imported accredited herd for tuberculosis may be into the United States from a Level V imported into the United States from a region for tuberculosis for purposes Level IV region for tuberculosis for other than immediate slaughter, pro- purposes other than immediate slaugh- vided that: ter, provided that: (i) The bovines originate from a herd (1) The bovines are subject to a pre- that was subjected to two whole herd clearance program administered by tests for tuberculosis on its premises of APHIS and detailed in an import pro- origin and conducted no less than 9 tocol published on the APHIS website; months and no more than 15 months and apart, with the second whole herd test (2) The bovines are subjected to an conducted no less than 60 days and no additional individual test for tuber- more than 12 months prior the export culosis at the port of entry into the of the bovines to the United States, United States or during post-arrival with negative results each time; and quarantine in accordance with § 93.411, (ii) The bovines are subjected to an with negative results; and additional individual test for tuber- (3) The bovines are accompanied by a culosis at the port of entry into the certificate, issued in accordance with United States or during post-arrival quarantine in accordance with § 93.411, with negative results; and

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§ 93.405(a), with an additional state- provided at http://www.aphis.usda.gov/ ment that bovines meet the require- importlexport/animals/live ments in paragraphs (g)(1) and (2) of lanimals.shtml. Guidance regarding this section. how to complete a request in a manner that will allow APHIS to review it ex- (Approved by the Office of Management and Budget under control number 0579–0442) peditiously is available at http:// www.aphis.usda.gov/ importlexport/ani- [85 FR 57954, Sept. 17, 2020] mals/regl request.shtml, and may also be obtained by contacting the National § 93.440 Brucellosis status of foreign regions. Director, Regionalization Evaluation Services, Strategy and Policy Unit, (a) Level I regions. APHIS considers VS, APHIS, 4700 River Road, Unit 38, certain regions of the world to have a Riverdale, MD 20737. At a minimum, in program that meets APHIS require- order for APHIS to consider the re- ments for brucellosis classification in quest complete, it must define the accordance with § 93.441, and a preva- boundaries of the region, specify the lence of brucellosis in their domestic prevalence level for brucellosis within bovine herds of less than 0.001 percent the region, and demonstrate the fol- over at least the previous 2 years (24 lowing: consecutive months). (1) That there is effective veterinary (b) Level II regions. APHIS considers control and oversight within the re- certain regions of the world to have a gion; program that meets APHIS require- (2) That brucellosis is a notifiable ments for brucellosis classification in disease within the region; accordance with § 93.441, and a preva- (3) That the region has a program for lence of brucellosis in their domestic brucellosis in place that includes, at a bovine herds equal to or greater than minimum: 0.001 percent, but less than 0.01 percent (i) Epidemiological investigations over at least the previous 2 years (24 following the discovery of any infected consecutive months). animals or affected herds, or any ani- (c) Level III regions. APHIS considers mals or herds that have had non-nega- certain regions of the world not to tive test results following a test for have a program that meets APHIS re- brucellosis, and documentation of quirements for brucellosis classifica- these investigations; tion in accordance with § 93.441, to (ii) Management of affected herds in have a herd prevalence equal to or a manner designed to eradicate brucel- greater than 0.01 percent, or to be losis from those herds, and documenta- unassessed by APHIS with regard to tion regarding this management; brucellosis prevalence. (iii) Regulatory controls on the (d) Listing of regions. Lists of all movement of livestock into, within, Level I, Level II, and Level III regions and from the region that correspond to for brucellosis are found online, at the risk of dissemination of brucellosis http://www.aphis.usda.gov/ im- associated with such movement; and portlexport/animals/livel animals.shtml. (iv) Access to, oversight of, and qual- Changes to the lists will be made in ac- ity controls on diagnostic testing for cordance with § 93.441. brucellosis within the region; [85 FR 57955, Sept. 17, 2020] (4) That the region has surveillance in place that is equivalent to or ex- § 93.441 Process for requesting re- ceeds Federal standards for brucellosis gional classification for brucellosis. surveillance within the United States; (a) Request for regional classification; and requirements. A representative of the (5) That, if the region vaccinates for national government(s) of any country brucellosis, it is in a manner that has or countries who has the authority to been approved by APHIS. make such a request may request that (b) APHIS evaluation. If, after review- APHIS classify a region for brucellosis. ing and evaluating the request for clas- Requests for classification or reclassi- sification, APHIS believes the region fication must be submitted to APHIS can be accurately classified for brucel- electronically or through the mail as losis, APHIS will publish a notice in

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the FEDERAL REGISTER proposing to § 93.442 Importation of ruminants classify the region according to § 93.440, from certain regions of the world; and making available to the public the brucellosis. information upon which this proposed (a) Importation of certain ruminants classification is based. The notice will prohibited. Notwithstanding any other request public comment. provisions of this section, ruminants (c) APHIS determination. (1) If no com- that are known to be infected with or ments are received on the notice, or if exposed to brucellosis are prohibited comments are received but do not af- importation into the United States. fect APHIS’ proposed classification, (b) Identification of bovines imported APHIS will publish a subsequent notice for any purpose. Unless otherwise speci- in the FEDERAL REGISTER announcing fied by the Administrator, bovines im- that classification to be final and add- ported into the United States for any ing the region to the appropriate list purpose must be officially identified on the internet. and accompanied by a certificate, (2) If comments received on the no- issued in accordance with § 93.405(a), tice suggest that the region be classi- that lists the official identification of fied according to a different brucellosis the animals presented for import. classification, and APHIS agrees with (c) Importation of steers and spayed the comments, APHIS will publish a heifers. Unless otherwise specified by subsequent notice in the FEDERAL REG- the Administrator, steers and spayed ISTER making the information supplied heifers may be imported into the by commenters available to the public, United States from a region in accord- and proposing to classify the region ac- ance with paragraph (b) of this section, cording to this different classification. without further restrictions under this The notice will request public com- part. ment. (d) Importation of sexually intact bo- (3) If comments received on the no- vines from Level I regions. Unless speci- tice suggest that insufficient informa- fied otherwise by the Administrator, tion was supplied on which to base a sexually intact bovines may be im- brucellosis classification, and APHIS ported into the United States from a agrees with the comments, APHIS will Level I region for brucellosis in accord- publish a subsequent notice in the FED- ance with paragraph (b) of this sec- ERAL REGISTER specifying the addition.13 tional information needed before (e) Importation of sexually intact bo- APHIS can classify the region. vines from a Level II region. (1) Sexually (d) Maintaining classification and re- intact bovines directly from currently classification initiated by APHIS. If a re- accredited herds for brucellosis. Sexu- gion is classified under the provisions ally intact bovines may be imported of this section, that region may be re- into the United States for purposes quired to submit additional informa- other than immediate slaughter from a tion or allow APHIS to conduct addi- currently accredited herd for brucel- tional information collection activities losis in a Level II region for brucel- in order for that region to maintain its losis, provided that the bovines are ac- classification. Moreover, if APHIS de- companied by a certificate, issued in termines that a region’s classification accordance with § 93.405(a), with an ad- for brucellosis is no longer accurate, ditional statement that the bovines APHIS will publish a notice in the FED- originate directly from a currently ac- ERAL REGISTER announcing the revised credited herd for brucellosis. classification and setting forth the rea- (2) Sexually intact bovines that do sons for this reclassification. not originate directly from a currently (Approved by the Office of Management and Budget under control number 0579–0442) 13 The importation of such bovines, as well [85 FR 57955, Sept. 17, 2020] as that of all other bovines covered by this section, is still subject to all other relevant restrictions of this chapter.

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accredited herd for brucellosis. Sexu- (i) The bovines originate from a herd ally intact bovines that do not origi- that was subjected to two whole herd nate directly from a currently accred- tests for brucellosis on its premises of ited herd for brucellosis may be im- origin conducted no less than 9 months ported into the United States from a and no more than 15 months apart, Level II region for brucellosis for pur- with the second test taking place no poses other than immediate slaughter, more than 90 days and no less than 30 provided that: days prior to the export of the bovines (i) The bovines originate from a herd to the United States, with negative re- that was subjected to a whole herd test sults each time; and for brucellosis on its premises of origin (ii) The bovines are subjected to an no more than 90 days and no less than additional individual test for brucel- 30 days prior to the export of the bo- losis at the port of entry into the vines to the United States, with nega- United States or during post-arrival tive results; and quarantine in accordance with § 93.411, (ii) The bovines are subjected to an additional individual test for brucel- with negative results; and losis at the port of entry into the (iii) The bovines are accompanied by United States or during post-arrival a certificate, issued in accordance with quarantine in accordance with § 93.411, § 93.405(a), with an additional state- with negative results; and ment that the bovines meet the re- (iii) The bovines are accompanied by quirements in paragraph (e)(2)(i) of this a certificate, issued in accordance with section. § 93.405(a), with an additional state- (Approved by the Office of Management and ment that the bovines meet the re- Budget under control number 0579–0442) quirements in paragraph (d)(2)(i) of this section. [85 FR 57956, Sept. 17, 2020] (f) Importation of sexually intact bovines from a Level III region. (1) Sexually Subpart E—Swine intact bovines directly from currently accredited herds for brucellosis. Sexu- § 93.500 Definitions. ally intact bovines may be imported Wherever in this subpart the fol- into the United States for purposes lowing terms are used, unless the con- other than immediate slaughter from a text otherwise requires, they shall be currently accredited herd for brucel- construed, respectively, to mean: losis in a Level III region for brucel- Accredited veterinarian. A veteri- losis, provided that: narian approved by the Administrator (i) The bovines are subjected to an in- in accordance with the provisions of dividual test for brucellosis at the port part 161 of this title to perform func- of entry into the United States or dur- tions specified in parts 1, 2, 3, and 11 of ing post-arrival quarantine in accord- subchapter A, and subchapters B, C, ance with § 93.411, with negative re- and D of this chapter, and to perform sults; and functions required by cooperative (ii) The bovines are accompanied by a state-federal disease control and eradi- certificate, issued in accordance with § 93.405(a), with an additional state- cation programs. ment that the bovines originate di- Administrator. The Administrator of rectly from a currently accredited herd the Animal and Plant Health Inspec- for brucellosis. tion Service or any other employee of (2) Sexually intact bovines that do the Animal and Plant Health Inspec- not originate directly from a currently tion Service, United States Depart- accredited herd for brucellosis. Sexu- ment of Agriculture, to whom author- ally intact bovines that do not origi- ity has been or may be delegated to act nate directly from a currently accred- in the Administrator’s stead. ited herd for brucellosis may be im- Animal and Plant Health Inspection ported into the United States from a Service. The Animal and Plant Health Level III region for brucellosis for pur- Inspection Service of the United States poses other than immediate slaughter, Department of Agriculture (APHIS or provided that: Service).

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Animals. Cattle, sheep, goats, other ical, or surveyed boundaries. A region ruminants, swine, horses, asses, mules, may consist of any of the following: zebras, dogs, and poultry. (1) A national entity (country); APHIS representative. A veterinarian (2) Part of a national entity (zone, or other individual employed by the county, department, municipality, par- Animal and Plant Health Inspection ish, Province, State, etc.); Service, United States Department of (3) Parts of several national entities Agriculture, who is authorized to per- combined into an area; or form the services required by this part. (4) A group of national entities (coun- Communicable disease. Any con- tries) combined into a single area. tagious, infectious, or communicable Ruminants. All animals which chew disease of domestic livestock, poultry the cud, such as cattle, buffaloes, or other animals. sheep, goats, deer, antelopes, camels, Department. The United States De- llamas and giraffes. partment of Agriculture (USDA). Swine. The domestic hog and all vari- Immediate slaughter. Consignment di- eties of wild hogs. rectly from the port of entry to a rec- United States. All of the States of the ognized slaughtering establishment 1 United States, the District of Colum- and slaughter thereat within two bia, Guam, Northern Mariana Islands, weeksfrom the date of entry. Puerto Rico, the Virgin Islands of the Inspector. An employee of the Animal United States, and all other Territories and Plant Health Inspection Service and Possessions of the United States. authorized to perform duties required Veterinary Services. The Veterinary under this subpart. Services unit of the Department. Zoological park. A professionally oper- Official identification device or method. ated zoo, park, garden or other place, A means of officially identifying an maintained under the constant surveil- animal or group of animals using de- lance of a Doctor of Veterinary Medi- vices or methods approved by the Ad- cine, for the exhibition of live animals, ministrator, including, but not limited pigeons or birds, for the purpose of pub- to, official tags, tattoos, and registered lic recreation or education. brands when accompanied by a certificate of inspection from a recognized [55 FR 31495, Aug. 2, 1990. Redesignated and brand inspection authority. amended at 62 FR 56012, 56020, Oct. 28, 1997; 69 Port veterinarian. A veterinarian em- FR 64651, Nov. 8, 2004; 71 FR 29070, May 19, ployed by the Animal and Plant Health 2006; 72 FR 67232, Nov. 28, 2007; 76 FR 70039, Nov. 10, 2011; 77 FR 1391, Jan. 10, 2012] Inspection Service to perform duties required under this part at a port of § 93.501 General prohibitions; excep- entry. tions. 2 Recognized slaughtering establishment. (a) No swine or product subject to the An establishment where slaughtering provisions of this part shall be brought operations are regularly carried on into the United States except in ac- under federal or state inspection and cordance with the regulations in this which has been approved by the Animal part and part 94 of this subchapter;3 and Plant Health Inspection Service to nor shall any such swine or product be receive animals for slaughter under handled or moved after physical entry this part. into the United States before final re- Region. Any defined geographic land lease from quarantine or any other area identifiable by geological, polit- form of governmental detention except in compliance with such regulations; 1 The name of recognized slaughtering es- Provided, That, the Administrator may tablishments approved under this part may upon request in specific cases permit be obtained from the Area Veterinarian in swine or products to be brought into or Charge, Veterinary Services, for the State of through the United States under such destination of the shipment. conditions as he or she may prescribe, 2 The name of recognized slaughtering establishments approved under this part may be obtained from the Area Veterinarian in 3 Importations of certain animals from var- Charge, Veterinary Services, for the State of ious countries are absolutely prohibited destination of the shipment. under part 94 because of specified diseases.

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when he or she determines in the spe- Protection Act (7 U.S.C. 8301 et seq.) if cific case that such action will not en- such conditions are not met; and danger the livestock or poultry of the (2) The carrier or its agent executes United States. and furnishes to the collector of Cus- (b) Except for swine prohibited entry, toms at the first port of arrival a dec- the provisions in this part 93 relating laration stating that the swine will be to swine shall not apply to healthy retained aboard such means of convey- swine in transit through the United ance or in an approved holding facility States if they are not known to be in- during transshipment as required by fected with or exposed, within 60 days this paragraph. preceding the date of export from the (3) Provisions for the approval of fa- region of origin, to communicable dis- cilities required in this paragraph are: eases of such swine, if an import per- (i) They must be sufficiently isolated mit 4 has been obtained under § 93.504 of to prevent direct or indirect contact this Chapter and all conditions therein with all other animals and birds while are observed; and if such swine are han- in the United States. dled as follows: (ii) They must be so constructed that (1)(i) They are maintained under continuous confinement in transit through they provide adequate protection the United States aboard an aircraft, against environmental conditions and ocean vessel, or other means of convey- can be adequately cleaned, washed and ance; or disinfected. (ii) They are unloaded, in the course (iii) They must provide for disposal of of such transit, into a swine holding fa- swine carcasses, manure, bedding, cility which is provided by the carrier waste and any related shipping mate- or its agent and has been approved 5 in rials in a manner that will prevent dis- advance by the Administrator in ac- semination of disease. cordance with paragraph (d)(3) of this (iv) They must have provisions for section as adequate to prevent the adequate sources of feed and water and spread within the United States of any for attendants for the care and feeding livestock or poultry disease, and they of swine in the facility. are maintained there under continuous (v) They must comply with addi- confinement until loaded aboard a tional requirements as may be imposed means of conveyance for transpor- by the Administrator if deemed appli- tation from the United States and are cable for a particular shipment. maintained under continuous confine- (vi) They must also comply with all ment aboard such means of conveyance applicable local, State and Federal re- until it leaves the United States; the quirements for environmental quality import permit will specify any addi- and with the provisions of the Animal tional conditions necessary to assure Welfare Regulations in chapter I of this that the transit of the swine through title, as applicable. the United States can be made without (c) Removal and loss of official identi- endangering the livestock or poultry of the United States, and that Depart- fication devices. Official identification ment inspectors may inspect the swine devices are intended to provide perma- on board such means of conveyance or nent identification of livestock and to in such holding facility to ascertain ensure the ability to find the source of whether the requirements of this para- animal disease outbreaks. Removal of graph are met, and dispose of them in these devices is prohibited except at accordance with the Animal Health the time of slaughter. If an official identification device is lost and it is 4 Such permit may be obtained from the necessary to retag an animal with a Animal and Plant Health Inspection Service, new official number, every effort Veterinary Services, National Center for Im- port-Export, 4700 River Road Unit 38, River- dale, Maryland 20737–1231. Requests for approval of such facilities should also be made to the Administrator. 5 See footnote 4 to subpart E.

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should be made to correlate the new of- animal disease, he or she shall notify ficial number with the previous official the principal operator of the means of number of the animal. conveyance or his or her agent in charge, of such determination and the [55 FR 31495, Aug. 2, 1990, as amended at 59 requirements under this section. The FR 67615, Dec. 30, 1994. Redesignated and amended at 62 FR 56012, 56020, Oct. 28, 1997; 68 person so notified shall cause the FR 6344, Feb. 7, 2003; 69 FR 64651, Nov. 8, 2004] cleaning and disinfection of such means of conveyance and container § 93.502 Inspection of certain aircraft under the immediate supervision of, and other means of conveyance and and in the time and manner prescribed shipping containers thereon; un- by, the inspector. loading, cleaning, and disinfection (d) For purposes of this section, the requirements. term ‘‘shipping container’’ means any (a) Inspection: All aircraft and other container of a type specially adapted means of conveyance (including ship- for use in transporting any article on ping containers thereon) moving into the means of conveyance involved. the United States from any foreign re- [55 FR 31495, Aug. 2, 1990. Redesignated and gion are subject to inspection without amended at 62 FR 56012, 56020, Oct. 28, 1997; 68 a warrant by properly identified and FR 6344, Feb. 7, 2003] designated inspectors to determine whether they are carrying any animal, § 93.503 Ports designated for the im- carcass, product or article regulated or portation of swine. subject to disposal under any law or (a) Air and ocean ports. The following regulation administered by the Sec- ports have APHIS inspection and quar- retary of Agriculture for prevention of antine facilities necessary for quar- the introduction or dissemination of antine stations and all swine shall be any communicable animal disease. entered into the United States through (b) Unloading requirements: Whenever these stations, except as provided in in the course of any such inspection at paragraphs (b), (c), (d), (e), and (f) of any port in the United States the in- this section: Los Angeles, California; spector has reason to believe that the Miami, Florida; and Newburgh, New means of conveyance or container is York. contaminated with material of animal (b) Canadian border ports. The fol- (including poultry) origin, such as, but lowing land border ports are designated not limited to, meat, organs, glands, as having the necessary inspection fa- extracts, secretions, fat, bones, blood, cilities for the entry of swine from lymph, urine, or manure, so as to Canada: Eastport, Idaho; Houlton and present a danger of the spread of any Jackman, Maine; Detroit, Port Huron, communicable animal disease, the in- and Sault Ste. Marie, Michigan; spector may require the unloading of Baudette, Minnesota; Opheim, Ray- the means of conveyance and the mond, and Sweetgrass, Montana; Alex- emptying of the container if he or she andria Bay, Buffalo, and Champlain, deems it necessary to enable him or New York; Dunseith, Pembina, and her to determine whether the means of Portal, North Dakota; Derby Line and conveyance or container is in fact so Highgate Springs, Vermont; Oroville contaminated. The principal operator and Sumas, Washington. of the means of conveyance and his or (c) Mexican border ports. The fol- her agent in charge of the means of lowing land border ports are designated conveyance shall comply with any such as having the necessary inspection fa- requirement under the immediate su- cilities for the entry of swine from pervision of, and in the time and man- Mexico: Brownsville, Hidalgo, Laredo, ner prescribed by, the inspector. Eagle Pass, Del Rio, Presidio, and El (c) Cleaning and disinfection: When- Paso, Texas; Douglas, Naco, Nogales, ever, upon inspection under this sec- Sasabe, and San Luis, Arizona; tion, an inspector determines that a Calexico and San Ysidro, California; means of conveyance or shipping con- and Antelope Wells, and Columbus, tainer is contaminated with material New Mexico. of animal origin so as to present a dan- (d) Special ports. Charlotte Amalie, ger of the spread of any communicable St. Thomas, and Christiansted, St.

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Croix, in the United States Virgin Is- includes a description of the swine, lands, are hereby designated as quar- name, age, markings, if any, registra- antine stations for the entry of swine tion number, if any, and tattoo or from the British Virgin Islands into eartag; the region of origin; the name the United States Virgin Islands for and address of the exporter; the port of immediate slaughter. embarkation in the foreign region; the (e) Limited ports. The following ports mode of transportation, route of travel, are designated as having inspection fa- and the port of entry in the United cilities for the entry of swine and swine States; the proposed date of arrival of products such as swine test specimens the swine or swine test specimens to be which do not appear to require re- imported; and the name of the person straint and holding inspection facili- to whom the swine or swine test speci- ties: Anchorage and Fairbanks, Alaska; mens will be delivered and the location San Diego, California; Jacksonville, St. of the place in the United States to Petersburg-Clearwater, and Tampa, which delivery will be made from the Florida; Atlanta, Georgia; Honolulu, port of entry. Additional information Hawaii; Chicago, Illinois; New Orleans, may be required in the form of certifi- Louisiana; Portland, Maine; Baltimore, cates concerning specific diseases to Maryland; Boston, Massachusetts; Min- which the swine are susceptible, as well neapolis, Minnesota; Great Falls, Mon- as vaccinations or other precautionary tana; Portland, Oregon; San Juan, treatments to which the swine or swine Puerto Rico; Memphis, Tennessee (no test specimens have been subjected. live animals); Galveston and Houston, Notice of any such requirements will Texas; and Seattle, Spokane, and Ta- be given to the applicant in each case. coma, Washington. (2) An application for permit to im- (f) Designation of other ports. The Sec- port will be denied for domestic swine retary of the Treasury has approved from any region designated in § 94.1 of the designation as quarantine stations this chapter as a region where foot- of the ports specified in this section. In and-mouth disease exists. special cases other ports may be des- (3) An application for permit to im- ignated as quarantine stations under port swine may also be denied because this section by the Administrator, with of: Communicable disease conditions in the concurrence of the Secretary of the the area or region of origin, or in a re- Treasury. gion where the shipment has been or [55 FR 31495, Aug. 2, 1990, as amended at 58 will be held or through which the ship- FR 38283, July 16, 1993; 60 FR 16045, Mar. 29, ment has been or will be transported; 1995; 60 FR 25120, May 11, 1995. Redesignated deficiencies in the regulatory programs at 62 FR 56012, Oct. 28, 1997, as amended at 64 for the control or eradication of animal FR 23179, Apr. 30, 1999; 65 FR 38178, June 20, diseases and the unavailability of vet- 2000; 67 FR 68022, Nov. 8, 2002] erinary services in the above men- § 93.504 Import permits for swine and tioned regions; the importer’s failure for swine specimens for diagnostic to provide satisfactory evidence con- purposes; and reservation fees for cerning the origin, history, and health space at quarantine facilities main- status of the swine; the lack of satis- tained by APHIS. factory information necessary to deter- (a) Application for permit; reservation mine that the importation will not be required. (1) For swine and swine test likely to transmit any communicable specimens for diagnostic screening pur- disease to livestock or poultry of the poses, intended for importation from United States; or any other cir- any part of the world, except as other- cumstances which the Administrator wise provided for in §§ 93.516 and 93.520, believes require such denial to prevent the importer shall first apply for and the dissemination of any commu- obtain from APHIS an import permit. nicable disease of livestock or poultry The application shall specify the name into the United States. and address of the importer; the spe- (4)(i) The importer or importer’s cies, breed, number or quantity of agent shall pay or ensure payment of a swine or swine test specimens to be im- reservation fee for each lot of swine to ported; the purpose of the importation; be quarantined in a facility maintained individual swine identification which by USDA. For swine the reservation fee

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shall be 100 percent of the cost of pro- antine facility 6 during regular business viding care, feed, and handling during hours (8:00 a.m. to 4:30 p.m. Monday quarantine, as estimated by the quar- through Friday, excluding holidays) no antine facility’s veterinarian in charge. later than 15 days prior to the begin- (ii) At the time the importer or the ning of the time of importation as importer’s agent requests a reservation specified in the import permit or as ar- of quarantine space, the importer or ranged with the veterinarian in charge importer’s agent shall pay the reserva- of the quarantine facility if no import permit is required (the 15 day period tion fee by check or U.S. money order shall not include Saturdays, Sundays, or ensure payment of the reservation or holidays), or fee by an irrevocable letter of credit (B) The Administrator determines from a commercial bank (the effective that services, other than provided by date on such letter of credit shall run carriers, necessary for the importation to 30 days after the date the swine are of the swine within the requested pe- scheduled to be released from quar- riod are unavailable because of unfore- antine); except that anyone who issues seen circumstances as determined by a check to the Department for a res- the Administrator, (such as the closing ervation fee which is returned because of an airport due to inclement weather of insufficient funds shall be denied or the unavailability of the reserved any further request for reservation of a space due to the extension of another quarantine space until the outstanding quarantined.) amount is paid. (v) If the reservation fee was ensured (iii) Any reservation fee paid by by a letter of credit and the fee is to be check or U.S. money order shall be ap- forfeited under paragraph (a)(4)(iv) of this section, the Department will draw plied against the expenses incurred for against the letter of credit unless the services received by the importer or reservation fee is otherwise paid at importer’s agent in connection with least 3 days prior to the expiration the quarantine for which the reserva- date of the letter of credit. tion was made. Any part of the reserva- (vi) When a reservation is cancelled tion fee which remains unused after in accordance with paragraph being applied against the expenses in- (a)(4)(iv)(A) of this section and the pro- curred for services received by the im- visions of paragraph (a)(4)(iv)(B) of this porter or the importer’s agent in con- section do not apply, a $40.00 cancella- nection with the quarantine for which tion fee shall be charged. If a reserva- the reservation was made, shall be re- tion fee was paid, the cancellation fee turned to the individual who paid the shall be deducted from any reservation reservation fee. If the reservation fee is fee returned to the importer or the im- ensured by a letter of credit, the De- porter’s agent. If the reservation fee partment will draw against the letter was ensured by a letter of credit, the of credit unless payment for services Department will draw the amount of received by the importer or importer’s the cancellation fee against the letter agent in connection with the quar- of credit unless the cancellation fee is antine is otherwise made at least 3 otherwise paid at least 3 days prior to the expiration date of the letter of days prior to the expiration date of the credit. letter of credit. (b) Permit. When a permit is issued, (iv) Any reservation fee shall be for- the original and two copies will be sent feited if the importer or the importer’s to the importer. It shall be the respon- agent fails to present for entry, within sibility of the importer to forward the 24 hours following the designated time original permit and one copy to the of arrival the lot of swine for which the reservation was made: Except that a 6 The addresses of USDA quarantine facili- reservation fee shall not be forfeited if: ties may be found in telephone directories (A) Written notice of cancellation listing the facilities or by contacting the from the importer or the importer’s Animal and Plant Health Inspection Service, agent is received by the office of the Veterinary Services, National Center for Im- port-Export, 4700 River Road Unit 38, River- veterinarian in charge of the quar- dale, Maryland 20737–1231.

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shipper in the region of origin, and it nance and handling of imported wild shall also be the responsibility of the swine. importer to insure that the shipper (2) Approval of a PEQ Zoo shall be on presents the copy of the permit to the the basis of an inspection, by an au- carrier and makes proper arrangements thorized representative of the Depart- for the original permit to accompany ment, of the physical facilities of the the shipment to the specified U.S. port establishment and its methods of oper- of entry for presentation to the col- ation. Standards for acceptable phys- lector of customs. Swine and swine test ical facilities shall include satisfactory specimens for diagnostic screening pur- pens, cages, or enclosures in which the poses for swine intended for importa- imported swine can be maintained so tion into the United States for which a as not to be in contact with the general permit has been issued, will be received public and free from contact with do- at the specified port of entry within mestic livestock; natural or estab- the time prescribed in the permit lished drainage from the PEQ Zoo which shall not exceed 14 days from the which will avoid contamination of land first day that the permit is effective areas where domestic livestock are for all permits. Swine and swine test kept or with which domestic livestock specimens for which a permit is re- may otherwise come in contact; provi- quired by these regulations will not be sion for the disposition of manure, eligible for entry if a permit has not other wastes, and dead swine within been issued; if unaccompanied by such the PEQ Zoo; and other reasonable fa- a permit; if shipment is from any port cilities considered necessary to prevent other than the one designated in the the dissemination of diseases from the permit; if arrival in the United States PEQ Zoo. The operator of the PEQ Zoo is at any port other than the one des- shall have available the services of a ignated in the permit; if the swine or full-time or part-time veterinarian, or swine test specimens offered for entry a veterinarian on a retainer basis, who differ from those described in the per- shall make periodic examinations of all mit; if the swine or swine test speci- animals maintained at the PEQ Zoo for mens are not handled as outlined in the evidence of disease; who shall make a application for the permit and as speci- post-mortem examination of each ani- fied in the permit issued; or if mal that dies; and who shall make a ruminants or swine other than those prompt report of suspected cases of covered by import permits are aboard contagious or communicable diseases the transporting carrier. to appropriate state or federal livestock sanitary officials. (c) Wild swine from regions where foot- (3) Manure and other animal wastes and-mouth disease exists. This paragraph must be disposed of within the PEQ (c) applies to the importation of wild Zoo park for a minimum of one year swine from countries designated in following the date an imported wild part 94 of this subchapter as regions in swine enters the zoo. If an APHIS vet- which foot-and-mouth disease exists. erinarian determines that an imported (1) Permits for the importation of swine shows no signs of any commu- wild swine will be issued only for im- nicable disease during this 1-year pe- portations through the Port of New riod, its manure and other wastes need York, and only if the animals are im- not be disposed of within the zoo after ported for exhibition in a PEQ Zoo. A the 1-year period. If, however, an PEQ Zoo is a zoological park or other APHIS veterinarian determines that place maintained for the exhibition of the swine does show signs of any com- live animals for recreational or edu- municable disease during this 1-year cational purposes that: period, an APHIS veterinarian will in- (i) Has been approved by the Admin- vestigate the disease and determine istrator in accordance with paragraph whether the swine’s manure and other (c)(2) of this section to receive and wastes may safely be disposed of out- maintain imported wild swine; and side the zoo after the 1-year period has (ii) Has entered into the agreement ended. with APHIS set forth in paragraph (4) Prior to the issuance of an import (c)(4) of this section for the mainte- permit under this section, the operator

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of the approved PEQ Zoo to which the cept those for which an import permit has imported swine are to be consigned, been issued. and the importer of the swine, if such 4. The animals will be quarantined for not operator and importer are different less than 30 days in the Department’s Ani- mal Import Center in Newburgh, New York. parties, shall execute an agreement 5. Upon release from quarantine the ani- covering each swine or group of swine mals will be delivered to the zoological park for which the import permit is re- named in this agreement to become the prop- quested. The agreement shall be in the erty of the park and they will not be sold, following form: exchanged or removed from the premises without the prior consent of APHIS. If AGREEMENT FOR THE IMPORTATION, moved to another zoological park in the QUARANTINE AND EXHIBITION OF CER- United States, the receiving zoological park TAIN WILD RUMINANTS AND WILD must be approved by the Administrator in accordance with paragraph 6 of this agree- SWINE ment. llll, operator(s) of the zoological park 6. The Administrator will approve the known as llllll (Name) located at movement of an imported animal subject to lllllll (City and state), and this agreement if the Administrator deter- llllll (Importer) hereby request a per- mines that the animal has spent at least one mit for the importation of llll (Number year in quarantine in a PEQ Zoo following and kinds of animals) for exhibition purposes importation without showing clinical evi- at the said zoological park, said animals dence of foot-and-mouth disease, or other originating in a region where foot-and- communicable disease that is exotic to the mouth disease exists and being subject to re- United States or for which APHIS has an strictions under regulations contained in eradication or control program in 9 CFR part 93, title 9, Code of Federal Regulations. chapter I, and determines that the receiving In making this request, it is understood zoological park is accredited by the Amer- and agreed that: ican Zoo and Aquarium Association (AZA), 1. The animals for which an import permit or the receiving zoological park has facilities is requested will be held in isolation at a and procedures in place related to preventing port of embarkation in the region of origin, the spread of communicable animal diseases approved by the Administrator as a port hav- (including but not limited to procedures for ing facilities which are adequate for main- animal identification, record keeping, and taining wild animals in isolation from all veterinary care) that are equivalent to those other animals and having veterinary super- required for AZA accreditation. The Admin- vision by officials of the region of origin of istrator will approve the movement of a car- the animals. Such animals will be held in cass, body part, or biological specimen de- such isolation for not less than 60 days under rived from an imported animal subject to the supervision of the veterinary service of this agreement if the Administrator deter- that region to determine whether the ani- mines that the animal has spent at least one mals show any clinical evidence of foot-and- year in quarantine in a PEQ Zoo following mouth disease, or other communicable dis- importation without showing clinical evi- ease that is exotic to the United States or dence of foot-and-foot mouth disease, or for which APHIS has an eradication or con- other communicable disease that is exotic to trol program in 9 CFR chapter I, and to as- the United States or for which APHIS has an sure that the animals will not have been ex- eradication or control program in 9 CFR posed to such a disease within the 60 days chapter I, and determines that the carcass, next before their exportation from that re- body part, or biological specimen will be gion. moved only for scientific research or mu- 2. Shipment will be made direct from such seum display purposes. port of embarkation to the port of New York llllllllllllllllllllllll as the sole port of entry in this region. If (Signature of importer) shipment is made by ocean vessel, the ani- Subscribed and sworn to before me this mals will not be unloaded in any foreign port ll day of ll, ll en route. If shipment is made by air, the ani- llllllllllllllllllllllll mals will not be unloaded at any port or (Title or designation) other place of landing, except at a port ap- llllllllllllllllllllllll proved by the Administrator as a port not lo- (Name of zoological park) cated in a region where foot-and-mouth disease exists or as a port in such a region hav- By lllllllllllllllllllll ing facilities and inspection adequate for (Signature of officer of zoological park) maintaining wild animals in isolation from llllllllllllllllllllllll all other animals. (Title of officer) 3. No ruminants or swine will be aboard the Subscribed and sworn to before me this transporting vehicle, vessel or aircraft, ex- ll day of ll,ll

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llllllllllllllllllllllll gion of origin is free of classical swine (Title or designation) fever. (Approved by the Office of Management and (b) Swine from any region where Budget under control number 0579–0040) screwworm is considered to exist may only be imported into the United [55 FR 31495, Aug. 2, 1990, as amended at 59 FR 28216, June 1, 1994; 59 FR 31924, June 21, States if they meet the requirements of 1994; 59 FR 67615, Dec. 30, 1994; 62 FR 23638, paragraphs (b)(1) through (b)(4) of this May 1, 1997. Redesignated and amended at 62 section and all other applicable re- FR 56012, 56020, Oct. 28, 1997; 68 FR 6344, Feb. quirements of this part. APHIS will 7, 2003; 83 FR 15492, Apr. 11, 2018] maintain a list of regions where screwworm is considered to exist on § 93.505 Certificate for swine. the APHIS Web site at http:// (a) All swine offered for importation www.aphis.usda.gov/ importlexport/ani- from any part of the world except as mals/animall diseaselstatus.shtml. Cop- provided in § 93.517 shall be accom- ies of the list will also be available via panied by a certificate of a salaried postal mail, fax, or email upon request veterinary officer of the national gov- to the Sanitary Trade Issues Team, Na- ernment of the region of origin, or if tional Center for Import and Export, exported from Mexico, shall be accom- Veterinary Services, Animal and Plant panied either by such a certificate or Health Inspection Service, 4700 River by a certificate issued by a veteri- Road Unit 38, Riverdale, Maryland narian accredited by the National Gov- 20737. APHIS will add a region to the ernment of Mexico and endorsed by a list upon determining that screwworm full-time salaried veterinary officer of exists in the region based on reports the National Government of Mexico, APHIS receives of detections of the thereby representing that the veteri- pest from veterinary officials of the ex- narian issuing the certificate was au- porting country, from the World Orga- thorized to do so, stating that such nization for Animal Health (OIE), or swine have been kept in said region at from other sources the Administrator least 60 days immediately preceding determines to be reliable. APHIS will the date of movement therefrom and remove a region from the list after con- that said region during such period has ducting an evaluation of the region in been entirely free from foot-and-mouth accordance with § 92.2 of this sub- disease, contagious pleuropneumonia, chapter and finding that screwworm is and surra: Provided, however, That cer- not present in the region. In the case of tificates for wild swine for exhibition a region formerly not on this list that purposes need specify freedom from the is added due to a detection, the region said diseases of the district of origin may be removed from the list in ac- only: And provided further, That in the cordance with the procedures for rees- case of swine the certificate, as far as tablishment of a region’s disease-free it relates to contagious status in § 92.4 of this subchapter. pleuropneumonia, may specify freedom (1) A veterinarian must treat the from such disease of the district of ori- swine with ivermectin 3 to 5 days prior gin only. For domestic swine, the cer- to the date of export to the United tificate shall also show that the entire States according to the recommended region of origin is free of African swine dose prescribed on the product’s label. fever and swine vesicular disease and (2) The swine must be fully examined that, for 60 days immediately preceding for screwworm by a full-time salaried the time of movement from the prem- veterinary official of the exporting ises of origin, no swine erysipelas or country within 24 hours prior to ship- swine plague has existed on such prem- ment to the United States. If swine are ises or on adjoining premises. Addition- found to be infested with screwworm, ally, except for the APHIS-defined Eu- they must be treated until free from ropean CSF region, as defined in § 94.0 infestation. of this subchapter, for which additional (3) At the time swine are loaded onto certification is required under a means of conveyance for export, a § 94.24(b)(6), for domestic swine the cer- veterinarian must treat any visible tificate shall show that the entire re- wounds on the animals with a solution

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of coumaphos dust at a concentration using a U.S. Government electronic in- of 5 percent active ingredient. formation exchange system or other (4) The swine must be accompanied authorized method. to the United States by a certificate [55 FR 31495, Aug. 2, 1990, as amended at 81 signed by a full-time salaried veteri- FR 40151, June 21, 2016] nary official of the exporting country. The certificate must state that the § 93.507 Inspection at the port of swine have been thoroughly examined entry. and found free of screwworm and that Inspection shall be made at the port the swine have been treated in accord- of entry of all swine imported from any ance with paragraphs (b)(1) and (b)(3) of part of the world except as provided in this section. § 93.519. All swine found to be free from (c) If swine are unaccompanied by the communicable disease and not to have certificate as required by paragraph (a) been exposed thereto within 60 days of this section, or if such swine are prior to their exportation to the United found upon inspection at the port of States shall be admitted subject to the entry to be affected with a commu- other provisions in this part; all other nicable disease or to have been exposed swine shall be refused entry. Swine re- thereto, they shall be refused entry and fused entry, unless exported within a shall be handled or quarantined, or time fixed in each case by the Adminis- otherwise disposed of as the Adminis- trator, and in accordance with other trator may direct. provisions he or she may require in (Approved by the Office of Management and each case for their handling shall be Budget under control number 0579–0165) disposed of as the Administrator may [55 FR 31495, Aug. 2, 1990, as amended at 57 direct. Such portions of the trans- FR 28081, June 24, 1992. Redesignated and porting vessel, and of its cargo, which amended at 62 FR 56012, 56020, Oct. 28, 1997; 65 have been exposed to any such swine or FR 67623, Nov. 13, 2000; 67 FR 11565, Mar. 15, their emanations shall be disinfected 2002; 68 FR 6344, Feb. 7, 2003; 68 FR 16938, Apr. in such manner as may be considered 7, 2003; 71 FR 29070, May 19, 2006; 71 FR 31069, necessary by the inspector in charge at June 1, 2006; 72 FR 67232, Nov. 28, 2007; 73 FR the port of entry, to prevent the intro- 50878, Aug. 29, 2008; 76 FR 70039, Nov. 10, 2011; duction or spread of livestock or poul- 77 FR 1391, Jan. 10, 2012; 83 FR 15492, Apr. 11, 2018] try disease, before the cargo is allowed to land. § 93.506 Declaration and other docu- [55 FR 31495, Aug. 2, 1990. Redesignated and ments for swine. amended at 62 FR 56012, 56020, Oct. 28, 1997; 68 (a) The certificates, declarations, and FR 6344, Feb. 7, 2003] affidavits required by the regulations in this part shall be presented by the § 93.508 Articles accompanying swine. importer or his or her agent to the col- No litter or manure, fodder or other lector of customs at the port of entry, aliment, nor any equipment such as upon arrival of swine at such port, for boxes, buckets, ropes, chains, blankets, the use of the veterinary inspector at or other things used for or about swine the port of entry. governed by the regulations in this (b) For all swine offered for importa- part, shall be landed from any convey- tion, the importer or his or her agent ance except under such restrictions as shall first present two copies of a dec- the inspector in charge at the port of laration which shall list the port of entry shall direct. entry, the name and address of the importer, the name and address of the § 93.509 Movement from conveyances broker, the origin of the swine, the to quarantine station. number, breed, species, and purpose of Platforms and chutes used for han- the importation, the name of the per- dling imported swine shall be cleaned son to whom the swine will be deliv- and disinfected under APHIS super- ered, and the location of the place to vision after being so used. The said which such delivery will be made. swine shall not be unnecessarily moved (c) Any declaration, permit, or other over any highways nor allowed to come document for swine required under this in contact with other swine, but shall subpart may be issued and presented be transferred from the conveyance to

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the quarantine grounds in boats, cars, assigned to supervise the quarantine, or vehicles approved by the inspector such services may be furnished by in charge at the port of entry. Such APHIS in the same manner as though cars, boats, or vehicles shall be cleaned arrangements had been made for such and disinfected under APHIS super- services as provided by paragraph (b) of vision immediately after such use, by this section, and/or the swine may be the carrier moving the same. The rail- disposed of as the Administrator, may way cars so used shall be either cars re- direct, including sale in accordance served for this exclusive use or box cars with the procedure described in para- not otherwise employed in the trans- graph (b) of this section. The importer, portation of swine or their fresh prod- or his or her agent, shall request in ucts. When movement of the aforesaid writing such inspection and other serv- swine upon or across a public highway ices as may be required, and shall is unavoidable, it shall be under such waive all claim against the United careful supervision and restrictions as States and APHIS or any employee of the inspector in charge at the port of APHIS for damages which may arise entry and the local authorities may di- from such services. The Administrator, rect. may prescribe reasonable rates for the § 93.510 Quarantine requirements. services provided under this paragraph. When it is found necessary to extend Swine shall be quarantined for not the usual minimum quarantine period, less than 15 days, counting from the the importer, or his or her agent, shall date of arrival at the port of entry. be so advised in writing and shall pay During their quarantine, wild swine shall be subject to such inspections, for such additional quarantine and disinfection, blood tests, or other tests other services required. Payment for as may be required by the Adminis- all services received by the importer, trator, to determine their freedom or his or her agent, in connection with from disease and the infection of dis- each separate lot of swine shall be ease. made by certified check or U.S. money order prior to release of the swine. If § 93.511 Swine quarantine facilities. such payment is not made, the swine (a) Privately operated quarantine facili- may be sold in accordance with the ties. The importer, or his or her agent, procedure described in paragraph (b) of of swine subject to quarantine under this section, or otherwise disposed of as the regulations in this part shall ar- directed by the Administrator. range for acceptable transportation to (b) Quarantine facilities maintained by the privately operated quarantine fa- APHIS. The importer, or his or her cility and for the care, feed, and han- agent, of swine subject to quarantine dling of the swine from the time of un- under the regulations in this part shall loading at the quarantine port to the arrange for acceptable transportation time of release from quarantine. Such to the quarantine facility, and for the arrangements shall be agreed to in ad- care, feed, and handling of the swine vance by the Administrator. All ex- from the time they arrive at the quar- penses resulting therefrom or incident antine facility, and for the care, feed, thereto shall be the responsibility of and handling of the swine from the the importer; APHIS assumes no re- time they arrive at the quarantine port sponsibility with respect thereto. The to the time of release from quarantine. quarantine facility must be suitable for Such arrangements shall be agreed to the quarantine of such swine and must in advance by the Administrator. The be approved by the Administrator prior importer or his or her agent shall re- to the issuance of any import permit. quest in writing such inspection and The facilities occupied by swine should other services as may be required, and be kept clean and sanitary to the satis- shall waive all claim against the faction of the inspector assigned to su- United States and APHIS or any em- pervise the quarantine. If for any cause ployee of APHIS, for damages which the care, feed, or handling of swine, or may arise from such services. All ex- the sanitation of the facilities, is ne- penses resulting therefrom or incident glected, in the opinion of the inspector thereto shall be the responsibility of

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the importer; APHIS assumes no re- that swine are in quarantine except sponsibility with respect thereto. The that an importer (or his or her accred- Administrator may prescribe reason- ited agent or veterinarian) may be ad- able rates for the services provided mitted to the yards and buildings con- under this paragraph. When it is found taining his or her quarantined swine at necessary to extend the usual min- such intervals as may be deemed nec- imum quarantine period, the importer, essary, and under such conditions and or his or her agent, shall be so advised restrictions as may be imposed, by the in writing and shall pay for such addi- inspector in charge of the quarantine tional quarantine and other services station. On the last day of the quar- required. Payment for services received antine period, owners, officers or reg- by the importer, or his or her agent, in connection with each separate lot of istry societies, and others having offi- swine shall be made by certified check cial business or whose services may be or U.S. money order prior to release of necessary in the removal of the swine the swine. If such payment is not may be admitted upon written permis- made, the swine may be sold in accord- sion from the said inspector. No exhi- ance with the procedure described in bition or sale shall be allowed within this paragraph or otherwise disposed of the quarantine grounds. as directed by the Administrator. When payment is not made and the swine are § 93.513 Milk from quarantined swine. to be sold to recover payment for serv- Milk or cream from swine quar- ices received, the importer, or his or antined under the provisions of this her agent, will be notified by the in- part shall not be used by any person spector that if said charges are not im- other than those in charge of such mediately paid or satisfactory arrange- swine, nor be fed to any animals other ments made for payment, the swine than those within the same enclosure, will be sold at public sale to pay the expense of care, feed, and handling dur- without permission of the inspector in ing that period. The sale will be held charge of the quarantine station and after the expiration of the quarantine subject to such restrictions as he or period, at such time and place as may she may consider necessary to each in- be designated by the General Services stance. No milk or cream shall be re- Administration or other designated moved from the quarantine premises selling agent. The proceeds of the sale, except in compliance with all State after deducting the charges for care, and local regulations. feed, and handling of the swine and other expenses, including the expense § 93.514 Manure from quarantined of the sale, shall be held in a Special swine. Deposit Account in the United States No manure shall be removed from the Treasury for 6 months from the date of quarantine premises until the release sale. If not claimed by the importer, or of the swine producing same. his or her agent, within 6 months from the date of sale, the amount so held § 93.515 Appearance of disease among shall be transferred from the Special swine in quarantine. Deposit Account to the General Fund Account in the United States Treasury. If any contagious disease appears (c) Amounts collected from the im- among swine during the quarantine pe- porter, or his or her agent, for service riod special precautions shall be taken rendered shall be deposited so as to be to prevent spread of the infection to available for defraying the expenses in- other animals in the quarantine sta- volved in this service. tion or to those outside the grounds. The affected swine shall be disposed of § 93.512 Quarantine stations, visiting as the Administrator may direct, de- restricted; sales prohibited. pending upon the nature of the disease. Visitors shall not be admitted to the quarantine enclosure during any time

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CANADA 7 tion but shall be subject to the provisions of §§ 93.507, 93.516, and 93.518. § 93.516 Import permit and declaration for swine. [55 FR 34195, Aug. 2, 1990. Redesignated and amended at 62 FR 56012, 56020, Oct. 28, 1997; 68 (a) For swine intended for importa- FR 16938, Apr. 7, 2003] tion from Canada, the importer shall first apply for and obtain from APHIS § 93.518 Swine from Canada for imme- an import permit as provided in § 93.504: diate slaughter. Provided, That an import permit is not Swine imported from Canada for im- required for swine offered for entry at mediate slaughter shall be consigned a land border port designated in from the port of entry directly to a rec- § 93.503(b) if such swine: ognized slaughtering establishment (1) Was born in Canada or the United and there be slaughtered within two States, and has been in no region other weeks from the date of entry. As used than Canada or the United States, or in this section, ‘‘directly’’ means with- (2) Has been legally imported into out unloading en route if moved in a Canada from some other region and un- means of conveyance, or without stop- conditionally released in Canada so as ping if moved in any other manner. to be eligible to move freely within [55 FR 31495, Aug. 2, 1990, as amended at 59 that region without restriction of any FR 28216, June 1, 1994. Redesignated at 62 FR kind and has been in Canada after such 56012, Oct. 28, 1997] release for 60 days or longer. (b) For all swine offered for importa- § 93.519 Special provisions. tion from Canada, the importer or his (a) In-bond shipments from Canada. (1) or her agent shall present two copies of Swine from Canada transported in- a declaration as provided in § 93.506. bond through the United States for immediate export shall be inspected at [55 FR 31495, Aug. 2, 1990. Redesignated and the border port of entry and, when ac- amended at 62 FR 56012, 56020, Oct. 28, 1997] companied by an import permit ob- § 93.517 Swine from Canada. tained under § 93.504 of this part and all conditions therein are observed, shall (a) For purposes other than immediate be allowed entry into the United States slaughter. Swine offered for importa- and shall be otherwise handled as pro- tion from Canada for purposes other vided in paragraph (b) of § 93.501. Swine than immediate slaughter shall be ac- not accompanied by a permit shall companied by a certificate issued or meet the requirements of this part in endorsed by a salaried veterinarian of the same manner as swine destined for the Canadian Government showing importation into the United States, ex- that said swine have been inspected on cept that the Administrator may per- the premises of origin immediately be- mit their inspection at some other fore the date of movement therefrom point when he or she finds that such and found to be free of evidence of com- action will not increase the risk that municable disease and that, as far as it communicable diseases of livestock has been possible to determine, they and poultry will be disseminated to the were not exposed to any such disease livestock or poultry of the United during the preceding 60 days; in addi- States. tion, the certificate shall show that no (2) In-transit shipments through Can- classical swine fever or swine plague ada. Swine originating in the United has existed on the premises of origin or States and transported directly on adjoining premises for such 60 days. through Canada may re-enter the (b) For immediate slaughter. Swine for United States without Canadian health immediate slaughter may be imported or test certificates when accompanied from Canada without certification as by copies of the United States export prescribed in paragraph (a) of this sec- health certificates properly issued and endorsed in accordance with regula- 7 Importations from Canada shall be sub- tions in part 91 of this chapter: Pro- ject to §§ 93.516 to 93.519, inclusive, in addi- vided, That, to qualify for entry, the tion to other sections in this part which are date, time, port of entry, and signature in terms applicable to such importations. of the Canadian Port Veterinarian that

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inspected the swine for entry into Can- or her agent shall present two copies of ada shall be recorded on the United a declaration as provided in § 93.506. States health certificate, or a docu- [55 FR 34195, Aug. 2, 1990. Redesignated and ment containing the information shall amended at 62 FR 56012, 56020, Oct. 28, 1997] be included with the certificate that accompanies the swine. In all cases it MEXICO 9 shall be determined by the veterinary inspector at the United States port of § 93.521 Declaration for swine. entry that the swine are the identical For all swine offered for importation swine covered by said certificate. from Mexico, the importer or his or her (b) Exhibition swine. Swine from the agent shall present two copies of a dec- United States which have been exhib- laration as provided in § 93.506. ited at the Royal Agricultural Winter [55 FR 34195, Aug. 2, 1990. Redesignated and Fair at Toronto or other publicly rec- amended at 62 FR 56012, 56020, Oct. 28, 1997] ognized expositions in Canada, including racing, rodeo, circus, or stage exhi- Subpart F—Dogs bitions in Canada, and have not been in that region for more than 90 days are § 93.600 Importation of dogs. eligible for return to the United States (a) All dogs. Dogs from any region of without Canadian health or test cer- the world where screwworm is consid- tificates, if they are accompanied by ered to exist may only be imported copies of the United States health cer- into the United States if they meet the tificate, issued and endorsed in accord- requirements of paragraphs (a)(1) and ance with the export regulations con- (2) of this section and all other applica- tained in Part 91 of this chapter for ble requirements of this part. APHIS entry into Canada: Provided, That all will maintain a list of regions where swine offered for re-entry upon exam- screwworm is considered to exist on ination by the veterinary inspector at the APHIS Web site at http:// the U.S. port of entry, are found by the www.aphis.usda.gov/ importlexport/ani- inspector to be free of communicable mals/animall diseaselstatus.shtml. Cop- diseases and exposure thereto and are ies of the list will also be available via determined to be the identical swine postal mail, fax, or email upon request to the Sanitary Trade Issues Team, Na- covered by said certificates or are the tional Center for Import and Export, natural increase of such swine born Veterinary Services, Animal and Plant after official test dates certified on the Health Inspection Service, 4700 River dam’s health certificate. Road Unit 38, Riverdale, Maryland (Approved by the Office of Management and 20737. APHIS will add a region to the Budget under control number 0579–0020) list upon determining that screwworm exists in the region based on reports [55 FR 31495, Aug. 2, 1990, as amended at 59 APHIS receives of detections of the FR 67133, Dec. 29, 1994. Redesignated and amended at 62 FR 56012, 56020, Oct. 28, 1997; 81 pest from veterinary officials of the ex- FR 40151, June 21, 2016] porting country, from the World Orga- nization for Animal Health (OIE), or CENTRAL AMERICA AND WEST INDIES 8 from other sources the Administrator determines to be reliable. APHIS will § 93.520 Import permit and declaration remove a region from the list after con- for swine. ducting an evaluation of the region in For all swine offered for importation accordance with § 92.2 of this sub- from countries of Central America or chapter and finding that screwworm is not present in the region. In the case of of the West Indies, the importer or his a region formerly not on this list that is added due to a detection, the region 8 Importations from regions of Central America and the West Indies shall be subject 9 Importations from Mexico shall be sub- to § 93.520, in addition to other sections in ject to § 93.521, in addition to other sections this part, which are in terms applicable to in this subpart, which are in terms applica- such importations. ble to such importations.

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may be removed from the list in ac- Animal and Plant Health Inspection cordance with the procedures for rees- Service. The Animal and Plant Health tablishment of a region’s disease-free Inspection Service of the United States status in § 92.4 of this subchapter. Department of Agriculture (APHIS). (1) Dogs must be accompanied by a Brushtail possum. Vulpine phalangers certificate signed by a full-time sala- (Trichosurus vulpecula) of the family ried veterinary official of the region of Phalangeridae. origin stating that the dog has been in- Delivery. The transfer of goods or inspected for screwworm within 5 days terest in goods from one person to an- preceding its shipment to the United other. States. Enter (entry). To introduce into the (2) The certificate must state that commerce of the United States after the dog is either free from screwworm release from government detention. or was found to be infested with Hedgehog. All members of the family screwworm and was held in quarantine Erinaceidae. and treated until free from screwworm Import (imported, importation). To prior to leaving the region of origin. bring into the territorial limits of the (b) Dogs for handling livestock. Collie, United States. Shepherd, and other dogs that are im- Inspector. An employee of the Animal ported from any part of the world ex- and Plant Health Inspection Service cept Canada, Mexico, and regions of authorized to perform duties required Central America and the West Indies under this subpart. and that are to be used in the handling Person. Any individual, corporation, of sheep or other livestock must be in- company, association, firm, partner- spected and quarantined at the port of ship, society, or joint stock company. entry for a sufficient time to determine Region. Any defined geographic land their freedom from tapeworm (Taenia area identifiable by geological, polit- spp.). If found to be infested with tape- ical, or surveyed boundaries. A region worm, dogs must be treated under the may consist of any of the following: supervision of an inspector at the port (1) A national entity (country); of entry until they are free from infes- (2) Part of a national entity (zone, tation. county, department, municipality, par- ish, Province, State, etc.) (Approved by the Office of Management and (3) Parts of several national entities Budget under control number 0579–0165) combined into an area; or [65 FR 67623, Nov. 13, 2000, as amended at 67 (4) A group of national entities (coun- FR 11565, Mar. 15, 2002; 73 FR 50878, Aug. 29, tries) combined into a single area. 2008; 77 FR 1391, Jan. 10, 2012] Tenrec. All members of the family Tenrecidae. Subpart G—Miscellaneous United States. All of the States of the Animals United States, the District of Colum- bia, Guam, the Northern Mariana Is- lands, Puerto Rico, the Virgin Islands SOURCE: 60 FR 55181, unless otherwise noted. Redesignated at 62 FR 56012, Oct. 28, of the United States, and all other ter- 1997. ritories and possessions of the United States. § 93.700 Definitions. [55 FR 34195, Aug. 2, 1990. Redesignated and Wherever in this subpart the fol- amended at 62 FR 56012, 56020, Oct. 28, 1997] lowing terms are used, unless the con- text otherwise requires, they shall be § 93.701 Prohibitions. construed, respectively, to mean: (a) No person may import a hedgehog Administrator. The Administrator of or tenrec into the United States from the Animal and Plant Health Inspec- any region designated in § 94.1 of this tion Service or any other employee of chapter as a region where foot-and- the Animal and Plant Health Inspec- mouth disease exists. tion Service, United States Depart- (b) No person may import a brushtail ment of Agriculture, delegated to act possum or hedgehog into the United in the Administrator’s stead. States from New Zealand.

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(c) No person may import leopard with the concurrence of the Secretary tortoise (Geochelone pardalis), African of the Treasury. spurred tortoise (Geochelone sulcata), or [60 FR 55181, Oct. 30, 1995. Redesignated at 62 Bell’s hingeback tortoise (Kinixys FR 56012, Oct. 28, 1997, as amended at 65 FR belliana) into the United States. 38178, June 20, 2000; 67 FR 68022, Nov. 8, 2002] [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 56012, 56021, Oct. 28, 1997; 65 FR § 93.704 Import permit. 15218, Mar. 22, 2000] (a) General requirements. No person may import a hedgehog or tenrec into § 93.702 Restrictions. the United States unless it is accom- Hedgehogs and tenrecs not specifi- panied by an import permit issued by cally prohibited from being imported APHIS and is imported into the United under § 93.701 may be imported into the States within 30 days after the pro- United States only in accordance with posed date of arrival stated in the im- the regulations in this subpart. port permit. The importer or his or her [55 FR 31495, Aug. 2, 1990. Redesignated and agent must notify the inspector at the amended at 62 FR 56012, 56021, Oct. 28, 1997] port of first arrival of the date of arrival at least 72 hours before the hedge- § 93.703 Ports designated for importa- hog or tenrec arrives in the United tion. States. (a) Any person importing a hedgehog (b) Import permit required. Any person or tenrec into the United States may who desires to import a hedgehog or import it, except as provided in para- tenrec must submit an application (VS graph (b) of this section, only through Form 17–129) for an import permit. Ap- the following ports: plications are available from the Im- (1) Air and ocean ports. Anchorage and port-Export Animals Staff, National Fairbanks, AK; San Diego and Los An- Center for Import-Export, Veterinary geles, CA; Denver, CO; Jacksonville, Services, APHIS, 4700 River Road Unit Miami, St. Petersburg-Clearwater, and 39, Riverdale, MD 20737–1231 or by vis- Tampa, FL; Atlanta, GA; Chicago, IL; iting http://www.aphis.usda.gov/ ani- New Orleans, LA; Portland, ME; Balti- mallhealth/permits/. A separate applica- more, MD; Boston, MA; Minneapolis, tion must be prepared for each ship- MN; Great Falls, MT; Newburgh, NY; ment. Portland, OR; San Juan, PR; Galveston (c) Application for an import permit. and Houston, TX; and Seattle, Spo- The importer must complete, sign, and kane, and Tacoma, WA. date the application for an import per- (2) Canadian border ports. Eastport, mit, which must include the following ID; Houlton and Jackman, ME; De- information: troit, Port Huron, and Sault Ste. (1) The name and address of the ship- Marie, MI; Opheim, Raymond, and per in the region of origin of the hedge- Sweetgrass, MT; Alexandria Bay, Buf- hog or tenrec intended for importation falo, and Champlain, NY; Dunseith, into the United States. Pembina, and Portal, ND; Derby Line (2) The name, address, and telephone and Highgate Springs, VT; Oroville and number of the importer. Sumas, WA. (3) The port of embarkation. (3) Mexican border ports. Douglas, (4) The region from which the hedge- Naco, Nogales, Sasabe, and San Luis, hog or tenrec will be shipped to the AZ; Calexico and San Ysidro, CA; Ante- United States. lope Wells, and Columbus, NM; and (5) The mode of transportation. Brownsville, Hidalgo, Laredo, Eagle (6) The number, breed, species, and Pass, Del Rio, Presidio, and El Paso, descriptions of the hedgehogs or TX. tenrecs to be imported. (b) The Secretary of the Treasury has (7) The purpose of the importation. approved the designation, as inspection (8) The route of travel, including all stations, of the ports specified in para- carrier stops en route. graph (a) of this section. In special (9) The proposed shipping and arrival cases, the Administrator may des- dates. ignate other ports as inspection sta- (10) The port of first arrival in the tions in accordance with this section, United States.

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(11) The name, mailing address, and (4) That the hedgehog or tenrec was telephone number of the person to inspected by the individual issuing the whom the hedgehog or tenrec will be health certificate and was found free of delivered in the United States. any ectoparasites not more than 72 (12) The location of the place where hours before being loaded on the means delivery will be made in the United of conveyance which transported the States. animal to the United States; (13) Any remarks regarding the ship- (5) That all body surfaces of the ment. hedgehog or tenrec were treated for (d) Issuance of an import permit. Upon ectoparasites under the supervision of receipt of the application, APHIS will the veterinarian issuing the health cer- review the application. If the hedgehog tificate at least 3 days but not more or tenrec appears to be eligible to be than 14 days before being loaded on the imported into the United States, means of conveyance that transported APHIS will issue an import permit in- the animal to the United States; dicating the applicable requirements (6) That the pesticide and the con- under this subpart for the importation centration used would kill the types of of the hedgehog or tenrec. Even though ectoparasites that may infest the ani- an import permit has been issued for mal to be imported; the importation of a hedgehog or (7) That the hedgehog or tenrec, after tenrec, the animal may enter the being treated for ectoparasites in ac- United States only if all other applica- cordance with paragraphs (a)(5) and ble requirements of this subpart have (a)(6) of this section, had physical con- been met. tact only with, or shared a pen or bedding materials only with, treated (Approved by the Office of Management and hedgehogs or tenrecs in the same ship- Budget under control number 0579–0040) ment to the United States; and [55 FR 31495, Aug. 2, 1990. Redesignated and (8) The name and concentration of amended at 62 FR 56012, 56021, Oct. 28, 1997; 81 the pesticide used to treat the hedge- FR 40151, June 21, 2016] hog or tenrec. § 93.705 Health certificate. (b) [Reserved] (a) No person may import a hedgehog (Approved by the Office of Management and or tenrec into the United States unless Budget under control number 0579–0040) it is accompanied by a health certifi- [55 FR 31495, Aug. 2, 1990. Redesignated and cate either issued by a full-time sala- amended at 62 FR 56012, 56021, Oct. 28, 1997] ried veterinary officer of the national government of the exporting region or § 93.706 Notification of arrival. issued by a veterinarian authorized or Upon the arrival of a hedgehog or accredited by the national government tenrec at the port of first arrival in the of the exporting region and endorsed by United States, the importer or his or a full-time salaried veterinary officer her agent must present the import per- of the national government of that re- mits and health certificates required gion. The health certificate must con- by this subpart to the collector of cus- tain the names and street addresses of toms for the use of the inspector at the consignor and consignee and must that port. state: (1) That the hedgehog or tenrec origi- § 93.707 Inspection at the port of first nated in a region that has been recog- arrival. nized as free of foot-and-mouth disease (a) A hedgehog or tenrec from any by the USDA; part of the world must be inspected by (2) That the hedgehog or tenrec has an APHIS inspector at the port of first never been in a region where foot-and- arrival. Subject to the other provisions mouth disease exists; in this subpart, a shipment of hedge- (3) That the hedgehog or tenrec has hogs or tenrecs may enter the United not been commingled with any other States only if each hedgehog or tenrec hedgehog or tenrec that originated in in the shipment is found free of or has ever been in a region where foot- ectoparasites and any clinical signs of and-mouth disease exists; communicable diseases.

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(b) If any hedgehog or tenrec in a Incinerate (incinerated). To reduce to shipment is found to be infested with ash by burning. ectoparasites or demonstrates any clin- Inspector. An employee of APHIS who ical signs of communicable diseases, is authorized to perform the function then the entire shipment will be re- involved. fused entry. The importer will be given Person. Any individual, corporation, the following options: company, association, firm, partner- (1) Remove the shipment from the ship, society, joint stock company, or United States; or any other legal entity. (2) Release the shipment to the U.S. Region. Any defined geographic land Department of Agriculture. The Ad- area identifiable by geological, polit- ministrator will destroy or otherwise ical, or surveyed boundaries. A region dispose of the shipment as necessary to may consist of any of the following: prevent the possible introduction into the United States of communicable (1) A national entity (country); animal diseases. (2) Part of a national entity (zone, county, department, municipality, par- Subpart H—Elephants, Hippo- ish, Province, State, etc.) (3) Parts of several national entities potami, Rhinoceroses, and combined into an area; or Tapirs (4) A group of national entities (coun- § 93.800 Definitions. tries) combined into a single area. United States. All of the several The following terms, when used in States of the United States, the Dis- this part, shall be construed as defined. trict of Columbia, Guam, the Northern Those terms used in the singular form Mariana Islands, Puerto Rico, the Vir- in this part shall be construed as the gin Islands of the United States, and plural form and vice versa, as the case all other territories and possessions of may demand. the United States. Accredited veterinarian. A veterinarian approved by the Administrator United States health certificate. An of- in accordance with part 161 of this ficial document issued by an APHIS chapter to perform functions specified representative or an accredited veteri- in parts 1, 2, 3, and 11 of this chapter, narian at the point of origin of a move- and subchapters B, C, and D of this ment of animals. It must show the chapter; and to perform functions re- identification tag, tattoo, or registra- quired by cooperative State-Federal tion number of each animal to be disease control and eradication pro- moved; the age and sex of each animal grams. to be moved; the number of animals Administrator. The Administrator, covered by the document; the points of Animal and Plant Health Inspection origin and destination; the consignor; Service, or any person authorized to and the consignee. act for the Administrator. Veterinary Services. The Veterinary Animal and Plant Health Inspection Services unit of the Animal and Plant Service. The Animal and Plant Health Health Inspection Service of the United Inspection Service of the United States States Department of Agriculture. Department of Agriculture (APHIS). APHIS representative. A veterinarian [52 FR 29502, Aug. 10, 1987, as amended at 57 FR 23048, 23049, June 1, 1992. Redesignated or other person employed by APHIS in and amended at 62 FR 56012, 56021, Oct. 28, animal health activities, who is au- 1997] thorized to perform the function involved. § 93.801 Prohibitions. Enter (entered, entry) into the United Elephants, hippopotami, rhinoc- States. To introduce into the commerce eroses, or tapirs shall not be imported of the United States after release from government detention. or entered into the United States unless in accordance with this part. Import (imported, importation) into the United States. To bring into the terri- [52 FR 29502, Aug. 10, 1987. Redesignated at 62 torial limits of the United States. FR 56012, Oct. 28, 1997]

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§ 93.802 Import permit. the United States shall be issued for (a) An elephant, hippopotamus, rhi- the importation of the elephant, hippo- noceros, or tapir shall not be imported potamus, rhinoceros, or tapir described into the United States unless accom- in the application if such animal ap- panied by an import permit issued by pears to be eligible to be imported. APHIS and unless imported into the Even though an import permit has United States within 30 days after the been issued for the importation of an proposed date of arrival stated in the elephant, hippopotamus, rhinoceros, or import permit. The port veterinarian tapir, the animal may be imported only must be notified of the date of arrival if all applicable requirements of this at least 72 hours before the animal ar- part are met. rives in the United States. [52 FR 29502, Aug. 10, 1987, as amended at 57 (b) An application for an import per- FR 23049, June 1, 1992; 59 FR 67615, Dec. 30, mit may be obtained from the Import- 1994. Redesignated at 62 FR 56012, Oct. 28, Export Animals Staff, National Center 1997; 81 FR 40151, June 21, 2016] for Import-Export, Veterinary Serv- § 93.803 Health certificate. ices, APHIS, 4700 River Road Unit 38, Riverdale, MD 20737–1231 or by visiting (a) An elephant, hippopotamus, rhi- http://www.aphis.usda.gov/ ani- noceros, or tapir shall not be imported mallhealth/permits/. into the United States unless accom- (c) The completed application shall panied by a health certificate either include the following information: signed by a salaried veterinarian of the (1) The name and address of the per- national veterinary services of the re- son intending to export an elephant, gion where the inspection and treat- hippopotamus, rhinoceros, or tapir to ment required by this section occurred the United States; or signed by a veterinarian authorized (2) The name and address of the per- by the national veterinary services of son intending to import an elephant, such region and endorsed by a salaried hippopotamus, rhinoceros, or tapir into veterinarian of the national veterinary the United States; services of such region (the endorse- (3) The species, breed, and number of ment representing that the veteri- elephants, hippopotami, rhinoceroses, narian signing the health certificate or tapirs to be imported; was authorized to do so), certifying: (4) The purpose of the importation; (1) That the elephant, hippopotamus, (5) The port of embarkation; rhinoceros, or tapir was inspected by (6) The name and concentration of the individual signing the health cer- the pesticide intended to be used to tificate and found free of any treat the elephant, hippopotamus, rhi- ectoparasites not more than 72 hours noceros, or tapir for ectoparasites prior before being loaded on the means of to the animal being transported to the conveyance which transported the ani- United States; mal to the United States; and (7) The mode of transportation; (2) That the elephant, hippopotamus, (8) The route of travel; rhinoceros, or tapir was treated for (9) The port of entry in the United ectoparasites at least 3 days but not States and, if applicable, the address of more than 14 days before being loaded the facility to be provided by the im- on the means of conveyance which porter for inspection, treatment, and transported the animal to the United incineration pursuant to § 93.6 of this States. The animal shall have been part; treated, under the supervision of the (10) The proposed date of arrival in individual signing the health certifi- the United States; and cate, by being thoroughly wetted with (11) The name and address of the per- a pesticide applied with either a spray- son to whom the elephant, hippo- er with a hand-held nozzle, a spray-dip potamus, rhinoceros, or tapir will be machine, or a dip vat; and delivered in the United States. (3) That the elephant, hippopotamus, (d) After receipt and review of the ap- rhinoceros, or tapir, after being treated plication by APHIS, an import permit for ectoparasites in accordance with indicating the applicable conditions paragraph (a)(2) of this section, did not under this part for importation into have physical contact with or share a

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pen or bedding materials with any ele- (h) The number, species, and purpose phant, hippopotamus, rhinoceros, or of importation of the elephant, hippo- tapir not in the same shipment to the potamus, rhinoceros, or tapir; and United States; and (i) The name and address of the per- (4) The name and concentration of son to whom the elephant, hippo- the pesticide used to treat the animal potamus, rhinoceros, or tapir will be (such pesticide and the concentration delivered. used must be adequate to kill the types [52 FR 29502, Aug. 10, 1987; 52 FR 35350, Sept. of ectoparasites likely to infest the 18, 1987, as amended at 57 FR 23049, June 1, animal to be imported; a list of rec- 1992; 59 FR 67615, Dec. 30, 1994. Redesignated ommended pesticides and concentra- and amended at 62 FR 56012, 56021, Oct. 28, tions may be obtained from the Animal 1997, as amended at 81 FR 40151, June 21, 2016] and Plant Health Inspection Service, Veterinary Services, National Center § 93.805 Ports of entry, inspection, and treatment. 1 for Import-Export, 4700 River Road Unit 38, Riverdale, Maryland 20737–1231; (a) An elephant, hippopotamus, rhi- and noceros, or tapir shall be imported into (5) The name and address of the con- the United States only: signor and consignee. (1) At Los Angeles, California; Miami, Florida; and Newburgh, New [52 FR 29502, Aug. 10, 1987; 52 FR 35350, Sept. York; or 18, 1987, as amended at 57 FR 23049, June 1, (2) On a case-by-case basis, at an- 1992; 59 FR 67615, Dec. 30, 1994. Redesignated and amended at 62 FR 56012, 56021, Oct. 28, other port of entry if: 1997] (i) The animals will be inspected and treated at a facility provided by the § 93.804 Declaration upon arrival. importer; Upon arrival of an elephant, hippo- (ii) The Administrator has deter- potamus, rhinoceros, or tapir at a port mined that the importer’s facility is of entry, the importer or the import- adequate for inspection, treatment, and incineration required under this er’s agent shall notify APHIS of the ar- section; rival by giving an inspector a com- (iii) The Administrator has deter- pleted VS Form 17–29, ‘‘Declaration of mined that an inspector is available to Importation for Animals, Animal perform at the importer’s facility the Semen, Birds, Poultry, and Eggs for services that are required under this Hatching.’’ (This form is available section; and from the Animal and Plant Health In- (iv) The Administrator has deter- spection Service, Veterinary Services, mined that an inspector is available to National Center for Import-Export, perform at the port of entry the serv- 4700 River Road Unit 38, Riverdale, ices that are required under this sec- Maryland 20737–1231 or by visiting tion if the animals will be inspected http://www.aphis.usda.gov/ani- and treated at a facility provided by mallhealth/permits/.) Forms may be the importer. provided to the inspector using a U.S. (b) An elephant, hippopotamus, rhi- Government electronic information ex- noceros, or tapir shall be entered into change system or other authorized the United States only under the fol- method. The completed form must lowing conditions: state: (1) Any documents accompanying the (a) The port of entry; animal shall be subject to inspection (b) The date of arrival; by an inspector at the port of entry; (c) The import permit number; (2) If the animal is to be moved from (d) The name of the carrier and iden- the port of entry to a facility provided tification of the means of conveyance; by the importer: (e) The name and address of the importer; 1 (f) The name and address of the Importers must also meet all requirements of the U.S. Department of the Interior broker; regulations relevant to the importation of (g) The region from which the ele- elephants, hippopotami, rhinoceroses, and phant, hippopotamus, rhinoceros, or tapirs, including regulations concerning tapir was shipped; ports of entry.

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(i) At the port of entry the animal mitted dip listed in § 72.13(b) of this shall be subject to as much inspection chapter; or by an inspector as is feasible and shall (iii) If the inspector finds be sprayed or dipped, as feasible, under ectoparasites, the animal shall be the supervision of an inspector and sprayed or dipped in accordance with with a permitted dip listed in § 72.13(b) label instructions with a permitted dip of this chapter; listed in § 72.13(b) of this chapter for as (ii) At the port of entry, as much many times as necessary until the in- hay, straw, feed, bedding, and other spector finds no ectoparasites; and material as can feasibly be removed thereafter the animal shall be sprayed from the shipping crate or vehicle con- or dipped one additional time in ac- taining the animal shall be removed, cordance with label instructions with a sealed in plastic bags, and incinerated permitted dip listed in § 72.13(b) of this by the importer under the supervision chapter; of an inspector; (4) All hay, straw, feed, bedding, and other material that has been placed (iii) At the port of entry, the ship- with the animal at any time prior to ping crate or the vehicle containing the final treatment referred to in para- the animal shall be sealed by an inspec- graph (b)(3) of this section, and any tor with an official seal of the United plastic sheet used to wrap any shipping States Department of Agriculture: crate, shall be sealed in plastic bags (iv) If the animal is moved from the and incinerated under the supervision port of entry in a shipping crate, plas- of an inspector; tic must be fastened around the ship- (5) Any shipping crate shall be, under ping crate so that all animal waste, the supervision of an inspector, either hay, straw, feed, bedding, and other cleaned and disinfected using a dis- material accompanying the animal are infectant listed in § 71.10 of this chapter retained inside the crate, but not so as or incinerated; and if the shipping to interefere with ventilation, feeding, crate is cleaned and disinfected, it and watering of the animal; shall then be treated under the super- (v) After the arrival of the animal at vision of an inspector with a permitted the facility provided by the importer, dip listed in § 72.13(b) of this chapter; the seal shall be broken by an inspec- (6) Any means of conveyance used to tor; transport an animal not in a shipping (3) The animal shall be inspected by crate shall be, under the supervision of an inspector within 24 hours of being an inspector, cleaned and disinfected unloaded at the port of entry or at a fa- using a disinfectant listed in § 71.10 of cility provided by the importer, and this chapter and then treated with a shall be treated under the supervision permitted dip listed in § 72.13(b) of this of an inspector, as follows: chapter. (i) The animal shall be removed from [52 FR 29502, Aug. 10, 1987, as amended at 57 its shipping crate or cargo hold, placed FR 23049, June 1, 1992. Redesignated at 62 FR on a concrete or other nonporous sur- 56012, Oct. 28, 1997; 65 FR 38178, June 20, 2000] face, and physically inspected for ectoparasites by an inspector. If in- § 93.806 Animals refused entry. spection and treatment are not per- Any elephant, hippopotamus, rhinoc- formed upon unloading, the animal eros, or tapir refused entry into the must be isolated from all other ani- United States for noncompliance with mals, except those in the same ship- the requirements of this part shall be ment, and kept in a facility with a non- removed from the United States within porous floor and where any a time period specified by the Adminis- ectoparasites that may drop off the trator or shall be considered abandoned animal can be contained and destroyed, by the importer, and pending removal until the animal has been inspected or abandonment, the animal shall be and treated; subject to such safeguards as the in- (ii) If the inspector finds no spector determines necessary to pre- ectoparasites, the animal shall be vent the possible introduction of sprayed or dipped one time in accord- ectoparasites into the United States. If ance with label instructions with a per- such animal is not removed from the

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United States within such time period § 93.900 Definitions. or is abandoned, it may be seized, de- Wherever in this subpart the fol- stroyed, or otherwise disposed of as the lowing terms are used, unless the con- Administrator determines necessary to text otherwise requires, they shall be prevent the possible introduction of construed, respectively, to mean: ectoparasites into the United States. Administrator. The Administrator, [52 FR 29502, Aug. 10, 1987, as amended at 57 Animal and Plant Health Inspection FR 23049, June 1, 1992. Redesignated at 62 FR Service, or any person authorized to 56012, Oct. 28, 1997] act for the Administrator. Animal and Plant Health Inspection § 93.807 Other importations. Service. The Animal and Plant Health (a) Elephants, hippopotami, rhinoc- Inspection Service of the United States eroses, and tapirs are exempt from the Department of Agriculture (APHIS). regulations in this part under the fol- APHIS representative. A veterinarian lowing circumstances: or other individual employed by the (1) They are imported from Canada Animal and Plant Health Inspection and are accompanied by a document Service, United States Department of signed by a salaried veterinarian of the Agriculture, who is authorized to per- Canadian Government that states: form the services required by this part. (i) They were not imported into Can- Certifying official. An individual au- ada during the year preceding their im- thorized by the competent authority of portation into the United States; and a country to sign health certificates (ii) They did not, during the year pre- for aquatic animals. ceding their importation into the Competent authority. The national United States, have physical contact veterinary services or other authority with or share a pen or bedding mate- of a country, having the responsibility rials with any elephant, hippopotamus, and competence for ensuring or super- rhinoceros, or tapir imported into Can- vising the implementation of aquatic ada during that year; or animal health measures. (2) They were exported into Canada Container. A transport receptacle from the United States and then im- that is specially constructed to facili- ported back into the United States ac- tate transportation of aquatic animals companied by a United States health or aquatic animal products by one or certificate. several means of transport. (b) Notwithstanding other provisions Department. The United States De- in this part, the Administrator may in partment of Agriculture (USDA). specific cases allow the importation Fertilized egg. A viable fertilized and entry of elephants, hippopotami, ovum of an aquatic animal. rhinoceroses, or tapirs into the United Gamete. The sperm or unfertilized egg States other than as provided for in of aquatic animals that is held or this part under such conditions as the transported separately. Administrator may prescribe to pre- Inspector. An employee of the Animal vent the introduction of ectoparasites and Plant Health Inspection Service into the United States. authorized to perform duties required under this subpart. (Approved by the Office of Management and Person. Any individual, corporation, Budget under control number 0579–0020) company, association, firm, partner- [52 FR 29502, Aug. 10, 1987; 52 FR 35350, Sept. ship, society or joint stock company. 18, 1987, as amended at 57 FR 23049, June 1, Port veterinarian. A veterinarian em- 1992; 59 FR 67133, Dec. 29, 1994. Redesignated ployed by the Animal and Plant Health at 62 FR 56012, Oct. 28, 1997, as amended at 64 Inspection Service to perform duties FR 23179, Apr. 30, 1999] required under this subpart at a port of entry. Subpart I—Aquatic Animal Region. Any defined geographic land Species area identifiable by geological, political, or surveyed boundaries. A region SOURCE: 71 FR 51435, Aug. 30, 2006, unless may consist of any of the following: otherwise noted. (1) A national entity (country);

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(2) Part of a national entity (zone, species of live fish, fertilized eggs, or county, department, municipality, par- gametes in transit through the United ish, Province, State, etc.); States if an import permit has been ob- (3) Parts of several national entities tained under § 93.903 and all conditions combined into an area; or of the permit are observed; and if the (4) A group of national entities (coun- live fish, fertilized eggs, and gametes tries) combined into a single area. are handled as follows: Spring viremia of carp (SVC). A disease (1) They are maintained under con- caused by infection with spring viremia tinuous confinement while in transit of carp virus, a rhabodivrus capable of through the United States aboard an infecting several carp species, in addi- aircraft, ocean vessel, or other means tion to some other cyprinid and of conveyance; or ictalurid fish species. (2) They are unloaded, in the course SVC-susceptible species. Common carp of such transit, into a holding facil- (Cyprinus carpio), grass carp ity 12 that is provided by the carrier or (Ctenopharyngodon idellus), silver carp its agent and has been approved by the (Hypophthalmichthys molitrix), bighead Administrator in accordance with carp (Aristichthys nobilis), Crucian carp paragraph (b)(4) of this section as ade- (Carassius carassius), goldfish (Carassius quate to prevent the spread within the auratus), tench (Tinca tinca), and United States of any finfish disease; sheatfish (Silurus glanis). they are maintained there under con- United States. All of the States of the tinuous confinement until loaded United States, the District of Colum- aboard a means of conveyance for bia, Guam, Northern Mariana Islands, transportation from the United States; Puerto Rico, the Virgin Islands of the and are maintained under continuous United States, and all other territories confinement aboard such means of con- and possessions of the United States. veyance until it leaves the United States. § 93.901 General restrictions; exceptions. (3) They are moved in accordance with any additional conditions pre- (a) No live fish, fertilized eggs, or scribed in the permit and determined gametes of SVC-susceptible species by the Administrator to be necessary may be imported into the United to ensure that the live fish, fertilized States except in accordance with this eggs, or gametes through the United 11 subpart, nor shall any such live fish, States do not introduce SVC into the fertilized eggs, or gametes be moved United States. from the port of entry after arrival (4) For a holding facility to be ap- until released by the port veterinarian; proved by the Administrator: provided that the Administrator may, (i) The holding facility must be suffi- upon request in specific cases, allow ciently isolated to prevent direct or in- the importation of SVC-susceptible direct contact of the live fish, fertilized live fish, fertilized eggs, or gametes eggs, or gametes it contains with any under conditions other than those set other SVC-susceptible species in the forth in this subpart when the Admin- United States; istrator determines that such move- (ii) The holding facility must be con- ment will not result in the introduc- structed to provide adequate protection of SVC into the United States. tion against environmental conditions (b) Other provisions of this subpart and so that it can be adequately relating to the importation of live fish, cleaned, washed and disinfected; fertilized eggs, and gametes shall not (iii) Provision must be made for dis- apply to shipments of SVC-susceptible posal of fish carcasses, shipping water, waste and any associated shipping ma- 11 The importation of live cultures of SVC terials in a manner that will prevent virus, preserved SVC virus viral RNA or dissemination of disease; DNA, tissue samples containing viable SVC virus, or other specimens intended for diagnostic or research purposes and which con- 12 Requests for approval of such facilities tain viable SVC virus may be imported only should be made to the Animal and Plant under permit in accordance with 9 CFR part Health Inspection Service at the address pro- 122. vided in § 93.903 for permit applications.

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(iv) Provision must be made for ade- tion Service, Veterinary Services, Na- quate sources of feed and water and for tional Center for Import and Export, attendants for the care and feeding of 4700 River Road Unit 38, Riverdale, MD live fish, fertilized eggs, or gametes in 20737–1231. Application forms for im- the facility; port permits may be obtained from this (v) The holding facility must comply address. with all applicable local, State and (c) A completed application shall in- Federal requirements for environ- clude the following information: mental quality. (1) The name and address of the per- (vi) The holding facility must comply son intending to export live fish, fer- with any additional requirements that tilized eggs, or gametes of SVC-suscep- may be imposed by the Administrator tible species to the United States; for a particular shipment if necessary (2) The proposed date of shipment to to prevent the dissemination of dis- the United States; ease. (3) The name and address of the per- (Approved by the Office of Management and son intending to import live fish, fer- Budget under control number 0579–0301) tilized eggs, or gametes of SVC-susceptible species into the United States; [71 FR 51435, Aug. 30, 2006; 71 FR 54552, Sept. (4) The species and number of live 15, 2006] fish, fertilized eggs, or gametes of SVC- § 93.902 Ports designated for the im- susceptible species to be imported into portation of live fish, fertilized the United States; eggs, and gametes. (5) The purpose of the importation; (a) The following ports are des- (6) The port of embarkation; ignated as ports of entry for live fish, (7) The mode of transportation; fertilized eggs, and gametes of SVC- (8) The route of travel, including all susceptible species imported under this carrier stops en route; subpart: (9) The port of entry in the United (1) Air and ocean ports. Los Angeles States; and San Francisco, CA; Miami and (10) The proposed date of arrival in Tampa, FL; Atlanta, GA; Honolulu, HI; the United States; and Chicago, IL; Boston, MA; Newark, NJ; (11) The name and address of the per- New York, NY; Portland, OR; Dallas- son to whom the live fish, fertilized Ft. Worth, TX; and San Juan, PR. eggs, or gametes of SVC-susceptible (2) Canadian border ports. Detroit, MI; species will be delivered in the United Buffalo-Niagara, NY; and Blaine and States. Seattle, WA. (d) If APHIS determines that the live (3) Mexican border ports. Otay Mesa, fish, fertilized eggs, or gametes are eli- CA. gible for importation, APHIS will issue (b) Designation of other ports. Other an import permit indicating the appli- ports may be designated by the Admin- cable conditions for importation. An istrator in specific cases with the con- import permit does not guarantee that currence of the Secretary of the De- any live fish, fertilized eggs, or partment of Homeland Security. gametes will be allowed entry into the United States; the fish, fertilized eggs, § 93.903 Import permits for live fish, or gametes will be allowed to enter the fertilized eggs, and gametes. United States only if they meet all ap- (a) Live fish, fertilized eggs, or plicable requirements of the permit gametes of SVC-susceptible species im- and regulations. ported into the United States must be (Approved by the Office of Management and accompanied by an import permit Budget under control number 0579–0301) issued by APHIS and must be imported within 30 days after the proposed date § 93.904 Health certificate for live fish, of arrival stated in the import permit. fertilized eggs, and gametes. (b) An application for an import per- (a) General. All live fish, fertilized mit must be submitted for each ship- eggs, and gametes of SVC-susceptible ment of live fish, fertilized eggs, or species that are imported from any re- gametes of SVC-susceptible species to gion of the world must be accompanied the Animal and Plant Health Inspec- by a health certificate issued by a full-

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time salaried veterinarian of the na- SVCV detection in lieu of virus isola- tional government of the exporting re- tion through cell culture, if the Admin- gion, or issued by a certifying official istrator determines that such assays and endorsed by the competent author- provide equivalent assurance of the ity of that country. The health certifi- SVC status of an exporting region or cate must be written in English or con- establishment. All viral testing results tain an English translation. The health must be negative. certificate will be valid for 30 days (c) Shipping containers. All live fish, from the date of issuance. The health fertilized eggs, and gametes must be certificate for the live fish, fertilized shipped to the United States in new eggs, or gametes must state that: containers or in used containers that (1) The live fish, fertilized eggs, or have been cleaned and disinfected in gametes were inspected by the veteri- accordance with this section. narian or certifying official who issued (1) Cleaning and disinfection of ship- the certificate within 72 hours prior to ping containers must take place under shipment, and were found to be free of the supervision of the veterinarian or any clinical signs of disease consistent certifying official who issues the with SVC; and health certificate. (2) The live fish, fertilized eggs, or (2) Cleaning and disinfection must be gametes covered by the health certifi- sufficient to neutralize any SVC virus cate meet the requirements of this sec- to which shipping containers may have tion. been exposed. Acceptable disinfection (b) Surveillance. The live fish, fer- procedures include individual or com- tilized eggs, or gametes must meet the bination treatments with: Solutions following conditions to be eligible for having a pH of 12 or higher or 3 or importation into the United States: lower with a contact time of at least 10 (1) The live fish, fertilized eggs, or minutes; heat at or above 56 °C for at gametes must originate in a region or least 15 minutes; chlorine solutions establishment which conducts a sur- having a concentration of at least 500 veillance program for SVC under the ppm with a contact time of at least 10 supervision of the competent author- minutes; iodine solutions having a con- ity. centration of at least 100 ppm with a (2) The region or establishment must contact time of at least 10 minutes; ul- demonstrate freedom from SVC traviolet exposure (254 nm; min expo- through a minimum of 2-years’ contin- sure of 10,000 microwatt seconds/cm 2); uous health history, supported by lab- or other disinfectants such as Virkon oratory testing by a pathogen detec- used according to the manufacturer’s tion facility approved for SVC viral as- directions. The Administrator may au- says by the competent authority. thorize other procedures if the Admin- (3) SVC-susceptible fish populations istrator determines they are adequate in the region or establishment must be to neutralize the SVC virus. tested at least twice annually, with at (3) Cleaning and disinfection proto- least 3 months between the tests and at cols must be referenced in the health times or under environmental condi- certificate or in a separate cleaning tions that would facilitate the detec- and disinfection certificate accom- tion of SVCV if it were present. Sam- panying the shipment to the U.S. port pling procedures must utilize an as- of entry. sumed pathogen prevalence of 2 per- (Approved by the Office of Management and cent, with a corresponding confidence Budget under control number 0579–0301) level of 95 percent. Samples must be collected and submitted by a certifying § 93.905 Declaration and other docu- official or veterinarian recognized by ments for live fish, fertilized eggs, the competent authority. The standard and gametes. screening method for SVC must include (a) For all live fish, fertilized eggs, isolation of SVCV in cell culture, using and gametes offered for importation either the epithelioma papulosum under this subpart, the importer or his cyprini (EPC) or fathead minnow or her agent must submit the following (FHM) cell lines. However, the Admin- documents to the collector of customs istrator may authorize other assays for for use by the port veterinarian:

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(1) All permits, certificates, or other PART 94—FOOT-AND-MOUTH DIS- documentation required by this sub- EASE, NEWCASTLE DISEASE, part; and HIGHLY PATHOGENIC AVIAN IN- (2) Two copies of a declaration that FLUENZA, AFRICAN SWINE FEVER, lists the port of entry, the name and CLASSICAL SWINE FEVER, SWINE address of the importer, the name and VESICULAR DISEASE, AND BO- address of the broker, the origin of the live fish, fertilized eggs, or gametes, VINE SPONGIFORM the number, species, and the purpose of ENCEPHALOPATHY: PROHIBITED the importation, the name of the per- AND RESTRICTED IMPORTATIONS son to whom the fish will be delivered, and the location of the place to which Sec. 94.0 Definitions. such delivery will be made. 94.1 Regions where foot-and-mouth disease (b) Any declaration, permit, or other exists; importations prohibited. document for live fish, fertilized eggs, 94.2 Fresh (chilled or frozen) products and gametes required under this sub- (other than meat), and milk and milk part may be issued and presented using products of ruminants and swine. a U.S. Government electronic informa- 94.3 Organs, glands, extracts, or secretions of ruminants or swine. tion exchange system or other author- 94.4 Cured or cooked meat from regions ized method. where foot-and-mouth disease exists. (Approved by the Office of Management and 94.5 Regulation of certain garbage. Budget under control number 0579–0301) 94.6 Carcasses, meat, parts or products of carcasses, and eggs (other than hatching [71 FR 51435, Aug. 30, 2006, as amended at 81 eggs) of poultry, game birds, or other FR 40152, June 21, 2016] birds; importations from regions where Newcastle disease or highly pathogenic § 93.906 Inspection at the port of avian influenza is considered to exist. entry. 94.7 Disposal of animals, meats, and other articles ineligible for importation. (a) All live fish, fertilized eggs, and 94.8 Pork and pork products from regions gametes of SVC-susceptible species im- where African swine fever exists or is ported from any part of the world must reasonably believed to exist. be presented for inspection at a port of 94.9 Pork and pork products from regions entry designated under § 93.902. The where classical swine fever exists. APHIS port veterinarian must be noti- 94.10 Swine from regions where classical swine fever exists. fied at least 72 hours in advance of the 94.11 Restrictions on importation of meat arrival in the United States of a ship- and other animal products from specified ment of live fish, fertilized eggs, or regions. gametes of SVC-susceptible species. 94.12 Pork and pork products from regions Any shipment of live SVC-susceptible where swine vesicular disease exists. fish species that the port veterinarian 94.13 Restrictions on importation of pork or pork products from specified regions. determines to exhibit clinical signs 94.14 Swine from regions where swine vesic- consistent with SVCV infection or dis- ular disease exists; importations prohib- ease, or any shipments of live fish, fer- ited. tilized eggs, and gametes of SVC-sus- 94.15 Animal products and materials; move- ceptible species that otherwise do not ment and handling. meet the requirements of this subpart, 94.16 Milk and milk products. 94.17 Dry-cured pork products from regions shall be refused entry. where foot-and-mouth disease, African (b) Shipments refused entry, unless swine fever, classical swine fever, or exported within a time fixed in each swine vesicular disease exists. case by the Administrator, and in ac- 94.18 Bovine spongiform encephalopathy; cordance with other provisions he or importation of edible products derived she may require in each case for their from bovines. 94.19 Importation of meat, meat byprod- handling, shall be disposed of as the ucts, and meat food products derived Administrator may direct. from bovines from regions of negligible risk for BSE. (Approved by the Office of Management and 94.20 Importation of meat, meat byprod- Budget under control number 0579–0301) ucts, and meat food products derived

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