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(j)(1) Horses and cattle. Division PART 92-IMPORTATION OF CERC boards in pens for horses and cattle

TAIN ANIMALS AND POULTRY shall be used to separate all stalls and pens and to close the sides thereof at

AND CERTAIN ANIMAL AND the ends of rows. They shall be used in

POULTRY PRODUCTS; INSPECTIONS DE sets of four boards of 2" x 10" dressed

AND OTHER REQUIREMENTS FOR lumber separated by 3 inch spacers,

CERTAIN MEANS OF CONVEY.cz Fest shall extend from the rump boards to

ANCE AND SHIPPING CONTAINERS the inboard stanchions, and shall be THEREON fitted into appropriate channels or slots at both ends in a manner that

GENERAL PROVISIONS will permit their ready removal.

Sec. (2) Sheep, goats, and swine. Division 92.1 Definitions. boards and those forming ends of pens 92.2 General prohibitions; exceptions. for sheep, goats, and swine shall be 92.2a Inspection of certain aircraft and the same as prescribed for rump

other means of conveyance and shipping boards for these animals in paragraph

containers thereon; unloading, cleaning, (i) of this section.

and disinfection requirements.

92.3 Ports designated for the importation (45 FR 28990, June 7, 1977. Redesignated at

of animals and birds. 45 FR 86413, Dec. 31, 1980)

92.4 Import permits for ruminants, swine R Vario

horses from countries affected with R 8 91.29 Hatches.

CEM, poultry, poultry semen, animal (a) Animals may be placed on hatch

semen, birds and for animal specimens

for diagnostic purposes; and reservation es on exposed decks on an ocean vessel

fees for space at quarantine facilities if the pens or stalls are securely lashed

maintained by Veterinary Services. down.

92.5 Certificate for ruminants, swine, poul

. R (b) Animals may be placed on hatch

try, pet birds, commercial birds, zoologi- seara es on underdecks on an ocean vessel

cal birds, and research birds. provided the height requirements of

92.6 Diagnostic tests. § 91.25 (e) and (f) are met and suffi

92.7 Declaration and other documents for

animals and animal semen. cient space shall be left clear on such hatches for passageway across ship.

92.8 Inspection at the port of entry.

92.9 Articles accompanying animals. (c) On all hatches on which animals

92.10 Movement from conveyances to quar. are carried and under which hay and

antine station. feed or animals are stowed, sufficient

92.11 Quarantine requirements. space shall be left clear for the proper

92.12 Feed and attendants for animals in removal and handling of such hay and

quarantine. feed and animal

92.13 Quarantine stations, visiting restrict

carcasses. hatches shall be watertight.

Such

ed; sales prohibited.
92.14 Milk from quarantined animals

. [42 FR 28990, June 7, 1977. Redesignated at

92.15 Manure from quarantined animals. 45 FR 86413, Dec. 31, 1980)

92.18 Appearance of disease among ant.

mals in quarantine. 8 91.30 Defective fittings.

92.17 Horses, certification, and accompany: If previously used fittings aboard an

ing equipment. ocean vessel are employed, any portion

92.18 Dogs for handling livestock. thereof found by the inspector to be

CANADA worn, decayed, unsound, or otherwise defective shall be replaced.

92.19 Import permit and declaration for

animals and animal semen. (42 FR 28990, June 7, 1977. Redesignated at

92.20 Cattle from Canada. 45 FR 86413, Dec. 31, 1980)

92.21 Sheep and goats from Canada.
92.22 Swine from Canada.
92.23 Animals from Canada for immediate

slaughter.
92.24 Horses from Canada.
92.25 Special provisions.
92.26 Poultry from Canada.

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MEXICO
92.31 Import permits and applications for

inspection for animals and animal

semen. Ebition2m 92.32 Declaration for animals and animal of certain et

semen. CONTEA DI 92.33 Inspection at port of entry. Fon; unlos 92.34 Detention at port of entry and period requirements

of quarantine. ed for tabs 92.35 Cattle from Mexico.

92.36 Sheep and goats and wild ruminants

from Mexico.
untries in 92.37–92.38 (Reserved!
coultz ez 92.39 Horses from Mexico.

92.40 Animals for immediate slaughter.
92.41 Requirements for the importation of

animals into the United States through
the Harry S Truman Animal Import

Center.
92.42 Embarkation quarantine facility; cri-

teria and standards for approval.

92.43 Cattle from the Republic of Ireland. other dres AUTHORITY: Sec. 203, 60 Stat. 1087, as

amended; secs. 6, 7, 8, 10, 26 Stat. 416, as Dont olch amended, 417; sec. 2, 32 Stat. 792, as

amended; sec. 306, 46 Stat. 689, as amended;
secs. 2, 3, 4, 5, 11, 76 Stat. 129, 130, 132; sec.
1, 84 Stat. 202 (7 U.S.C. 1622, 19 U.S.C. 1306,
21 U.S.C. 102-105, 111, 134a, 134b, 134c,
134d, 134f and 135), unless otherwise noted.
SOURCE: 28 FR 5971, June 13, 1963, unless
otherwise noted.

EDITORIAL NOTE: For nomenclature
changes, see 36 FR 24928, Dec. 24, 1971.

GENERAL PROVISIONS

whom authority has heretofore been delegated or may hereafter be delegated to act in his stead.

(d) Inspector. An inspector of the Veterinary Services.

(e) Animals. Cattle, sheep, goats, other ruminants, swine, horses, asses, mules, zebras, dogs, and poultry.

(f) Cattle. Animals of the bovine species.

(g) Ruminants. All animals which chew the cud, such as cattle, buffaloes, sheep, goats, deer, antelopes, camels, llamas and giraffes.

(h) Swine. The domestic hog and all varieties of wild hogs.

(i) Horses. Horses, asses, mules, and zebras.

(j) (1) Poultry. Chickens, ducks, geese, swans, turkeys, doves, pheasants, grouse, partridges, quail, guinea fowl, and pea fowl, of all ages, including eggs for hatching.

(2) Birds. All members of the class aves (including eggs for hatching), other than poultry or pigeons.

(i) Pet birds. Birds which are imported for the personal pleasure of their individual owners and are not intended for resale.

(ii) Commercial birds. Birds which are imported for resale, breeding, public display, or any other purpose, except pet birds, zoological birds, research birds, or performing or theatrical birds.

(iii) Zoological birds. Birds intended for breeding or public display, for recreational or educational purposes, at a zoological park.

(iv) Research birds. Birds which are to be used for research purposes only.

(V) Performing or theatrical birds and poultry. Birds and poultry which are to be used in shows, theatrical acts or performances only.

(vi) Smuggled birds. Any bird which has been brought into the United States contrary to any Federal law or regulation and which has been seized by any official of any Department of the United States Government which has been abandoned to the United States.

(3) Pigeons. All species of pigeons.

(k) Accredited areas. Areas in Canada in which the percentage of cattle infected with tuberculosis is of. ficially declared by the Canadian Gov

semen

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892.1 Definitions.

Whenever in this part of the follow-
ing terms are used unless the context
otherwise requires, they shall be con-
strued, respectively, to mean:
(a) Department. The United States
Department of Agriculture.

(b) Veterinary Services. The Veteri-
nary Services unit of the Department.

(c) Deputy Administrator,
nary Services. The Deputy Adminis-
trator, Veterinary Services, or any of:
ficial in the Veterinary Services unit
of the Animal and Plant Health In-
spection Service of the Department to

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ernment to be less than one-half of 1 percent.

(1) Restricted areas. Areas in Canada that are process of becoming accredited as defined in paragraph (k) of this section.

(m) Recognized slaughtering establishment.' An establishment where slaughtering operations are regularly carried on under Federal or State inspection and which has been approved by Veterinary Services to receive animals for slaughter under this Part.

(n) Immediate slaughter. Consignment directly from the port of entry to a recognized slaughtering establishment and slaughter thereat within two weeks fror the date of entry.

(0) Communicable disease. Any contagious, infectious, or communicable disease of domestic livestock, poultry or other animals.

(p) Fever tick. Boophilus annulatus, including, but not limited to, the varieties Americana and Australia.

(q) Permitted dip. A dip permitted by the Division to be used in the official dipping of cattle and horses for fever ticks and for dipping cattle and sheep for scabies.

(r) Brucellosis certified free herd. A herd in which all eligible cattle in the herd were negative to brucellosis tests under the Canadian requirements and which is officially certified by the Canadian Government as a brucellosis free listed herd.

(s) Western provinces of Canada. Manitoba, Saskatchewan, Alberta and British Columbia.

(t) Zoological park. A professionally operated zoo, park, garden or other place, maintained under the constant surveillance of a Doctor of Veterinary Medicine, for the exhibition of live animals, pigeons or birds, for the purpose of public recreation or education.

(u) Weanling or yearling. Any horse, weaned from its dam, which was foaled not more than 731 days prior to its offer for entry into the United States.

(V) Port veterinarian. A veterinarian employed by Veterinary Services to

perform duties required under this bar pra part at a port of entry.

daite (w) Brucellosis certified free prov. dates inces of Canada. New Brunswick, Nova brune og Scotia, Prince Edward Island, New. metal de foundland (including Labrador), and STILI SU British Columbia, known in Canada as recept brucellosis accredited free provinces. the

(x) Herd. Any group of animals 19 maintained on common ground for pastrato any purpose, or two or more groups of their cases animals of the same species under ox birds common ownership or supervision, as the which are geographically separated, so as but among which there is an internemine change or movement of animals with varten te out regard to health status.

La polu! (y) Persons. Any individual, corpora

La orde tion, company, association, firm, part of nership, society or joint stock compa ny.

(z) Operator. For the purposes of an § 92.11, any person operating an approved quarantine facility.

(aa) Accredited veterinarian. A veterinarian approved by the Deputy Ad.

16
ministrator in accordance with the
provisions of Part 161 of this title to
perform functions specified in Parts 1,
2, 3, and 11 of Subchapter A, and Sub-
chapters B, C, and D of this chapter,
and to perform functions required by
cooperative State-Federal disease con-
trol and eradication programs.

(bb) Licensed veterinarian. Any
person licensed by any country or po-
litical subdivision thereof to practice
veterinary medicine.
(37 FR 28464, 28477; 38 FR 19141)
[28 FR 5971, June 13, 1963, as amended at
37 FR 9019, May 4, 1972; 37 FR 17465, Aug.
29, 1972; 38 FR 8240, Mar. 30, 1973; 39 FR
18853, May 10, 1974;'40 FR 33850, Aug. 11

,
1975; 42 FR 49441, Sept. 21, 1977; 45 FR
2839, Jan. 15, 1980; 45 FR 36358, May 30

, 1980; 46 FR '28041, May 11, 1981; 48 FR 50935, Oct. 16, 1981; 47 FR 594, Jan. 6, 1982) 8 92.2 General prohibitions; exceptions.

(a) No animal or product or bird subject to the provisions of this part shall be brought into the United States except in accordance with the regulations in this part and Part 94 of this subchapter; ? nor

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The name of recognized slaughtering establishments approved under this part may be obtained from the Area Veterinarian in Charge, Veterinary Services, for the State of destination of the shipment.

2 Importations of certain animals from various countries are absolutely prohibited under Part 94 because of specified diseases.

f entry.

- individua: Fociation in - joint stock

Facility

,

5 require a animal or product or bird be handled (2)(i) Pet birds which originated in

or moved after physical entry into the the United States and have not been Fis certjeUnited States before final release from outside the country for more than 60 - New Bruxe quarantine or any other form of gov- days may be offered for entry under Edward lim ernmental detention except in compli- the provisions of $ 92.2(c)(1)2a: Prouding Lew ance with such regulations: Provided, vided, That such birds are also accom22, knowil That, except as prohibited by section panied by a United States veterinary dited fremra 306 of the Act of June 17, 1930, as health certificate issued prior to the y group di amended (19 U.S.C. 1306), the Deputy departure of the birds from the United common en Administrator may upon request in States and the certificate shows the WO or mura specific cases permit animals or prod- leg band or tattoo number affixed to same mi ucts or birds to be brought into or the birds prior to departure: And prohip or o through the United States under such vided further, That during port of raphically a conditions as he may prescribe, when entry veterinary inspection it is deterthere is he determines in the specific case that mined that the leg band or tattoo on ent of any such action will not endanger the live- the bird is the same as the one listed the status stock or poultry of the United States.

on the health certificate. (b) In order to protect the poultry (ii) Lots of pet birds of United States industry of the United States from

origin which have been outside the exotic Newcastle disease and other United States for more than 60 days communicable diseases of poultry, the which are found upon port of entry

importation of birds into the United ar the pastates is prohibited, except as pro

veterinary inspection to be free of operati!

poultry diseases, and that otherwise vided in paragraphs (a), (c), (d), (f), or meet the requirements of paragraph

(1) of this section, and except that eterinant birds from Canada may either be im

(c)(2)(i) of this section, may be importby the le ported under the provisions of this

ed by the owner thereof if, the owner Ordance T section or under the provisions appli

importing such birds signs and fur61 of the cable to importation of poultry from

nishes to the Deputy Administrator, Canada as specified in $ 92.5(b), $ 92.19

Veterinary Services, the following: mapter 45 and 8 92.26.

(A) A notarized declaration under (c)(1) Pet birds offered for entry

oath or affirmation (or a statement tions fin from Canada and which are not

signed by the owner and witnessed by deral die known to be affected with or exposed

a Department inspector) stating that rograms to any communicable disease of poul

the bird or birds have not been in conderinis try, which are caged (prior to release

tact with poultry or other birds while

out of the country (For example, assoereof tom personal pets, may be imported by the y count from the port of entry) and which are

ciation with other avian species at exowner thereof at any port of entry

hibitions or at aviaries); and 3,1960 designated in $ 92.32: Provided, That,

(B) An agreement on VS Form 17-8, such birds are found upon port of

obtainable from a Federal inspector at 37 FR1% entry veterinary

the port of entry, stating (1) that the $ 92.8 to be free of poultry diseases inspection under

birds will be maintained in confineand at the time of entry the owner

ment in his personal possession sepasigns and furnishes to the Deputy Ad

rate and apart from all poultry and ministrator, Veterinary Services, a

other birds for a minimum of 30 days statement stating that the bird or

following importation at the address birds have been in his possession for a

where the birds are to be held and minimum of 90 days preceding the

made available for health inspection date of importation and that during

and testing by Department inspectors such time such birds have not been in

upon request until released at the end this poi contact with poultry or other birds

of such period by such an inspector (for example, association with other

and (2) that appropriate Federal offiavlan species at exhibitions or in avi

cials in the State of destination will be immediately notified if any signs of

disease are noted in any of the birds or **U.S. Public Health Service Regulations

any bird dies during that period. The owner importing such birds must comply with the provisions of the aforementioned agreement before the

Decified by

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(42 CFR 71.164(e)) restrict the entry of pet psittacine birds to two birds per family per year.

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birds may be released from confinement. Lots of pet birds of United States origin which do not otherwise meet the requirements of paragraphs (c)(1) or (c)(2) of this section may be offered for entry under the provisions of paragraph (c)(3) of this section.

(3) Pet birds which are not known to be affected with or exposed to communicable diseases of poultry may be of. fered for entry at one of the ports of entry designated in $ 92.3(f) under the following conditions:

(i) The pet birds shall be accompanied by a veterinary health certificate issued by a national government veterinary officer of the country of export stating that he personally inspected the birds listed on the health certificate and found them to be free of evidence of Newcastle disease, ornithosis, and other communicable diseases of poultry, and that the birds were being exported in compliance with the laws and regulations of the country of export. Certificates in a foreign language must be translated into English at the expense of the importer.

(ii) An advanced reservation fee as required by $ 92.4(a)(4) and a request for space which has been confirmed in writing, at a USDA-operated quarantine facility shall be made with the port veterinarian at the port where the birds are to be held for a minimum 30-day isolation in biologically secure unit separate and apart from all other avian species, except, that birds arriving without an advanced reservation may be handled if an isolation unit is available, provided the reservation fee as required in g 92.4(a)(4) is paid. Pet birds offered for entry at a port of entry that has not been designated as provided, in $ 92.3, or pet birds arriving without an advanced reservation at a port of entry designated in $ 92.3 but at which isolation units are not available, shall be refused entry at such port. However, such pet birds may be transported at

the owner's expense to another port of 10 entry designated in $ 92.3 if available quarantine space exists, if the reserva ime tion fee is paid and the birds are shipped to such other port under con 1 ditions deemed sufficient by the feat Deputy Administrator to prevent the same spread of communicable diseases of me poultry: Provided, That pet birds are riving with or without an advance res- 2 cm ervation at the port of Hidalgo, Texas, un will be transported at Department extremely pense to the quarantine facility at de Mission, Texas, if available quarantine man space exists at that facility, until quar. LT9, antine facilities are available at Hidal a traine go, Texas; and pet birds arriving with and or without an approved reservation en en tered at the port of New York, New Tatoo York, will be transported at Depart

. - The ment expense to the quarantine facili

. ty at Newberg, New York, if available at the quarantine space exists at the facility

, until quarantine facilities are available spare at New York, New York. Following the they a isolation period, if such birds are found to be free from communicable deci diseases of poultry, the birds shall be enter returned at Department expense

to the respective ports of Hidalgo, Texas

, or New York, New York, as appropriate, for Agriculture release for entry through U.S. Customs.

(iii) During the isolation period, the birds shall be subjected to such tests and procedures as required by the Deputy Administrator to determine whether the birds are free from communicable diseases of poultry.

(iv) Following the isolation period, if the birds are found to be free of communicable

disease of poultry, the port veterinarian shall issue an agriculture release for entry through U.S. Customs. If the birds are found during port of entry inspection or during quarantine to be infected with or ex. posed to a communicable disease of poultry, such birds shall be refused entry and handled

in accordance with $ 92.11(e) of this part.

(v) The owner of the birds is respon. sible for all costs which result from these procedures and shall reimburse Veterinary Services for governmental expenses in accordance with 3 92.12 (b) and (c) of this part.

(d) Except for animals prohibited

entry by section 306 of the Act of June

а

3 The names and addresses of the port veterinarians, as well as a fee schedule for quarantine charges, are available from the Deputy Administrator, Veterinary Services, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Hyattsville, Maryland 20782.

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