cation, written confirmation shall be of the agreement. Violation of the con- erator of approved quarantine facili(ii) Except as provided in paragraph ties for the importation of birds. (i) (f)(6)(iv) of this section, the approval When a quarantine facility for the imof a commercial bird quarantine facili portation of birds is approved by the ty may be denied or withdrawn if: Deputy Administrator as provided in (A) Any requirement of this section paragraph (e) of this section, a Coopis not complied with, or erative and Trust Fund Agreement as (B) The operator or a person respon- set forth in paragraph (f)(7)(iii) of this sibly connected with the business of section shall be executed by the opera. the quarantine facility is or has been tor of the facility and the Department convicted of any crime under any law and, in conjunction therewith, the opregarding the importation or quaran erator shall deposit with the Deputy tine of any animal or bird, or Administrator, Veterinary Services, (C) The operator or a person respon funds adequate to cover all costs insibly connected with the business of curred by the Department in providthe quarantine facility is or has been ing services required for two complete convicted of any crime involving fraud, quarantine periods in accordance with bribery, or extortion or any other the provisions of the Cooperative and crime involving a lack of integrity Trust Fund Agreement. needed for the conduct of operations (ii) The Deputy Administrator is auaffecting the importation of commercial birds, research birds or zoological thorized to provide services required by the operator of an approved quarbirds. (D) The approved quarantine facili antine facility in conjunction with the importations made through the facili. ty has not been used to quarantine birds for a period of one year. ty for the importation of birds when he determines that the operator has (iii) For the purposes of this section, a person shall be deemed to be respon executed a Cooperative and Trust Fund Agreement specified in para. sibly connected with the business of graph (f)(7)(iii) of this section and has the quarantine facility if a partner, of deposited funds in connection there. ficer, director, holder or owner of 10 with as provided in such agreement. per centum or more of its voting stock, or an employee in a managerial or ex (iii) Cooperative and Trust Fund Agreement. ecutive capacity. (iv) The denial or withdrawal refer Cooperative and Trust Fund Agreement be. enced in this paragraph (6) of this sec. tween -(name of operator) and the United tion, shall not be solely based upon States Department of Agriculture, Animal the convictions of those persons re and Plant Health Inspection Service, Veterlsponsibly connected with an approved nary Services. commercial bird quarantine facility if, This Agreement is made and entered into by and between--(name of operator), after issuance of a complaint and upon hereinafter referred to as the Cooperator, receipt of notification of such action and the U.S. Department of Agriculture, from the Deputy Administrator, the Animal and Plant Health Inspection Servoperator of the approved quarantine ice, Veterinary Services, hereinafter refacility enters into a consent agree- ferred to as the Service, with respect ment with the Deputy Administrator, to -(approved quarantine 1aVeterinary Services, in which it is cility and address of facility). Whereas, the agreed that the responsibly connected Service is authorized pursuant to section 2 of the Act of February 2, 1903, as amended, person identified in the notification section 11 of the Act of May 29, 1884, as shall not ever be associated with the amended, and section 4 of the Act of July 2, approved quarantine facility and the 1962 (21 U.S.C. 111, 114a, and 134c, respec. operator complies with the provisions tively), to regulate the introduction of ani. e facility irt birds; and tment ir for two con accordati ervices Man F. Violation t2 mals into the United States in order to pre- quarantine facility when the Service has shall costa, vent the introduction of animal and poultry reason to believe that such employee has for withdraw diseases into the United States; and violated any provision of Title 9, Code of roved qum Whereas, the Cooperator represents par- Federal Regulations, Part 92, and the ties interested in the importation of certain Deputy Administrator has determined that birds from countries presently under restric- the actions of such employee constitute a e and initions for such importation; and severe threat to introduce or disseminate a Erices required ? Whereas, the Cooperator is equipped with communicable disease of poultry into the 2 quarantei quarantine facilities approved in accordance United States. Such action shall be made =tation of it with Part 92, 9 CFR, for use in importing upon receipt of notice from the Service re quiring such action by the Cooperator. is approach Whereas, the Cooperator has requested (5) To allow the unannounced entry into the Service to conduct inspections, perform the quarantine facility of Service personnel utor as pret laboratory procedures, complete examina or other persons authorized by the Service his section tions, and supervise the isolation, quaran- for the purpose of inspecting birds in quarFund Agrex tine, and care and handling of birds to antine, the operations at the quarantine faoh (EXIyot insure that they meet the Department's cility and to ascertain compliance with the euted by the quarantine requirements before release into Standards for approved quarantine facilities the United States; and d the Depar ? and handling procedures for importation of Whereas, it is the intention of the parties herewild hereto that such cooperation shall be for birds contained in Title 9, Code of Federal with the De their mutual benefit and the benefit of the Regulations, $ 92.11(f). erinary to people of the United States; (6) To provide permanent restrooms in both the clean and the quarantine areas of over al 6 Now therefore, for and in consideration of the promises and mutual covenants herein the approved quarantine facility. contained, the parties hereto do hereby mu (7) To provide a T.V. monitoring system or tually agree with each other as follows: a window or windows sufficient to provide a (A) The Cooperator Agrees: full view of the quarantine area excluding Cooperatiu (1) To operate the approved quarantine the clothes changing area. facility in accordance with all Federal Laws (8) To install a communication system beministrates and regulations. tween the clean and quarantine areas of the (2) To provide a current list of designated approved quarantine facility. Such commupersonnel employed by the Cooperator who nication system shall not interfere with the will be used to handle and care for birds maintenance of the biological security of during a quarantine period. The list will in the quarantine area. mugh they clude the legal names, current residential (9) To secure all windows and any openof birse addresses, and social security numbers of ings in the quarantine facility in a manner opereal the designated personnel. The list will be satisfactory to the Department which will se and furnished to the port veterinarian at the insure the biological security of the quarantime an application for an import permit to tine facility and prevent the unauthorized import birds into the quarantine facility is removal of birds. submitted to the Service. The list will be up (10) To install tamperproof hasps and to dated for any changes in or additions to the install hinges on doors from which the pins designated personnel in advance of such cannot be removed. (11) To install a hood with a viewing window over the necropsy table. (12) To bag waste material in leakproof sonnel employed by the Cooperator which bags. Such material shall be handled in a manner that spoilage is kept to a minimum Lilture provides that such personnel agree that for & period of 3 days from their most recent and control of pests is maintained. Such macontact with birds in the approved quaran terial shall be disposed of by incineration or by public sewer or other method authorized ententiae tine facility, such personnel will refrain by the Deputy Administrator to prevent the i over from having contact with other birds and poultry. Such condition shall not be applica spread of disease. The disposition of such ble from the date that the birds are released material shall only be under the direction and supervision of the Service. (4) To not permit any designated person (13) To feed chlortetracycline to psittanel which the Service determines to be unfit cine birds, upon their arrival in the facility as prescribed in g 92.11(f)(3)(11)(C). (14) To install an electronic security system which is coordinated through or with the local police so that monitoring of the quarantine facility is maintained whenCode of Federal Regulations, Part 92. The approves nction from quarantine. Therman to be employed at a quarantine facility upon written notice from the Service. Such determination shall be based upon such employee's committing or aiding and abetting in the commission of any violation of Title 9, Cooperator further agrees to suspend any designated employee from working at a ever Service personnel are not at the facility or, in lieu of such electronic monitoring system to arrange for continuous guarding of the facility with personnel from a told on 011 bonded, security company. Provided, That, (1) To furnish the services of technical oxha if exotic Newcastle disease is diagnosed in and/or professional personnel needed to 2 any of the birds in the quarantine facility, conduct inspections, perform laboratory continuous guarding of the facility with per- procedures, complete examinations, and su. sonnel from a bonded security company pervise the isolation, quarantine, and care shall be maintained by the Cooperator. The and handling of birds being imported to electronic security system if installed shall insure that they meet the Department's 2018 be of the "silent type" and shall be trig- quarantine requirements before release into the shore gered to ring at the monitoring site and not the United States. at the facility. The electronic system shall (2) To provide the Cooperator on a quar 2013 be approved by Underwriter's Laboratories. terly basis, or within 30 days following red Written instructions shall be provided to ceipt of a written request from the Coopers- 12 qua the monitoring agency which shall require tor, with an accounting of funds expended 220 that upon activation of the alarm, the police in providing services under paragraph (BX1) and a representative of the Service designat- of this agreement. Any unobligated balance in ed by the Service shall be notified by the upon termination or expiration of this maith monitoring agency. Such instructions, as agreement shall be returned to the Cooperawell as any changes in such instructions, tor. shall be filed in writing with the Deputy Ad- (3) To issue or validate permits on & ministrator, Veterinary Services. The Coop- timely basis depending upon the availability erator shall notify the Service whenever a of personnel. break in security occurs or is suspected of (4) To inform the Cooperator when a diag. occurring. nosis of VVND has been made in any facili. (15) To not have non-Service personnel in ty. the quarantine area when birds are in the (5) To promptly inform the Embassy or quarantine facility unless Service personnel Consulate of the foreign country to which are present. lots of birds, refused entry into the United (16) To have seals of the Service placed on States due to a diagnosis of VVND, are to be be all entrances and exits of the facility when shipped. determined necessary by the Service and to (6) To notify in writing the Cooperator of take all necessary steps to insure that such any designated employee which the Service seals are only broken in the presence of believes should be suspended from work at Service personnel. the approved quarantine facility and the (17) To decide what the disposition of a basis for such action. Similar notice shall be lot of birds will be within 48 hours following afforded to the designated employee. Subse official notification that such a lot is infect quent to such suspension, the designated ed with or exposed to velogenic viscerotro employee shall have the right to request an pic Newcastle disease. Final disposition of immediate review of such action by the the infected or exposed lot is to be accom- Deputy Administrator, Veterinary Services, plished within 4 working days following offi. including presenting his views to the cial notification. Disposition of the birds Deputy Administrator in an informal con. will be under the supervision of the Service. ference. If the Deputy Administrator makes (18) To furnish a telephone number or a final determination that grounds existed numbers to the Service at which the Coop- to suspend such employee, he shall notify erator can be reached on a daily basis or the Cooperator and the suspended employ. furnish the same for an agent or representa- ee of his decision and such employee shall tive that can act and make decisions on the be discharged by the Cooperator. Cooperator's behalf. (7) Prior to any final determination being (19) To deposit with the Service upon ex- made by the Service concerning the disecution of this agreement the amount of charge of any designated personnel em. (equal to the approximate cost to the ployed by the Cooperator, the Service will Department for two 30-day quarantine peri- inform, in writing, the Cooperator and the ods) to be used by the Service to defray all designated personnel of the basis for such expenses incurred by the Service in provid- action. If such person contests such action ing services required, and as funds from he or she shall be permitted to present his that amount are obligated, monthly bills for or her views to the Deputy Administrator, costs incurred based on official accounting Veterinary Services, provided such request records will be issued to restore the deposit is made within 30 days of the receipt of the to its original level. aforementioned written notice. It a final de (20) To provide for the maintenance and termination is made by the Deputy Admin operation of the approved quarantine facili- istrator that such personnel should be disty in accordance with standards for ap- charged, he shall notify such personnel and proved guarantine facilities and handling the Cooperator of such determination. procedures for importation of birds as pro- (C) It is mutually understood and agreed: vided in Part 92 of 9 CFR. (1) That a maximum capacity will be es (B) The Service agrees: tablished for each approved quarantine lot. h the series is This will be based upon the capacity of the birds being a (f)(7)(iii)(A)(16) of this section are broken = meet the ta by other than Service personnel, it will be rements being considered a breach in security and an im mediate accounting of all birds in the facilihe Coopezize ty shall be made by the Service. If any birds hin 30 days are determined to be missing from the farequest fent cility, the quarantine period will be exEnting of feia tended for at least an additional 30-day es under parar period. (3) A surcharge for overhead based on the most current historical data available showing the percentage of APHIS funds expended for administrative support. Requirements of other Federal laws and regulations, such as the Department's Animal Welfare Regulations in Subchapter A of this chapter shall also apply as applicable to the quarantine facilities. (Approved by the Office of Management and Budget under control numbers 05790040 and 0579-0060) (Sec. 2, 32 Stat. 792, as amended; secs. 2, 3, 4, and 11, 76 Stat. 129, 130, 132 (21 U.S.C. 111, 134a, 134b, 134c, and 134f); 37 FR 28464, 28477; 38 FR 19141) [28 FR 5971, June 13, 1963) EDITORIAL NOTE: For Federal Register citations affecting $ 92.11, see the List of CFR Sections Affected in the Finding Aids section of this volume. or expirta returned to ng upon ter Ang undis (3) During the performance of this coop erative work, the Cooperator agrees to be crimination provisions as set forth in exhibvalidate it B and nonsegregation of facilities provi- (4) No member of or delegate to Congress (5) This agreement shall become effective upon date of final signature and shall conEng the Cam tinue indefinitely. This agreement may be amended by agreement of the parties in Cooperator rike een made or uform the B eign county entry into sis of VINTA ree wiked to Jended in Ine facility a milar con ced employed other party. Date right we uch exte/ Veterinari Cooperator ch empire 8 92.12 Feed and attendants for animals in quarantine. (a) Ports where quarantine facilities not maintained by Veterinary Services. The importer, or his agent, of animals subject to quarantine under the regulations in this part shall arrange for acceptable transportation to the non-Governmental quarantine facility and for the care, feed, and handling of the animals from the time of unloading at the quarantine port to the time of release from quarantine. Such arrangements shall be agreed to in advance by the Deputy Administrator, Veterinary Services. All expenses resulting therefrom or incident thereto shall be the responsibility of the importer; Veterinary Services assumes no responsibility with respect thereto. The quarantine facility must be suitable for the quarantine of such animals and must be approved by the Deputy Administrator, Veterinary Services prior to the issuance of any import permit. The facilities occupied by animals should be kept clean and sanitary to the satisfaction of the inspector assigned to supervise the quarantine. If for any cause the care, feed, or handling of animals, or the sanitation of the facilities, is neglected, in the opinion of the inspector assigned to supervise the quarantine, such serv Acting Administrator, Animal and Plant partment of Agriculture approved in accordance with parathe sense graph (f) of this section shall be: (1) The appropriate GS hourly rate (including appropriate premium pay in accordance with 5 U.S.C. 5541-5549) of the employee who actually performs the service, including his travel time and his travel expenses: Provided, however, Such time and travel expense shall not exceed the time and travel expense to and from his official duty station; (2) Laboratory costs at $8.50 per sample, plus shipping charges per sample, and; to per ellos d'outh ices may be furnished by Veterinary sulting therefrom or incident thereto per Services in the same manner as shall be the responsibility of the im. though arrangements had been made porter; Veterinary Services assumes no for such services as provided by para- responsibility with respect thereto. graph (b) of this section, and/or the The Deputy Administrator, Veterinary animals may be disposed of as the Services may prescribe reasonable Deputy Administrator, Veterinary rates for the services provided under Services, may direct, including sale in this paragraph. When it is found nec fer the accordance with the procedure de essary to extend the usual minimum scribed in paragraph (b) of this sec quarantine period, the importer, or his scena tion. The importer, or his agent, shall agent, shall be so advised in writing request in writing such inspection and and shall pay for such additional quartos other services as may be required, and antine and other services required. matin shall waive all claim against the United States and Veterinary Services Payment for services received by the Sea on te or any employee of Veterinary Serv importer, or his agent, in connection serindo ices for damages which may arise from with each separate lot of animals shall be an such services. The Deputy Administra be made by certified check or U.S. HOT tor, Veterinary Services, may prescribe money order prior to release of the Ara the reasonable rates for the services pro animals. If such payment is not made, sidomiu vided under this paragraph. When it is the animals may be sold in accordance the found necessary to extend the usual with the procedure described in this page minimum quarantine period, the im paragraph or otherwise disposed of as avantime porter, or his agent, shall be so advised directed by the Deputy Administrator, in writing and shall pay for such addi- Veterinary Services. When payment is Mik i tional quarantine and other services not made and the animals are to be required. Payment for all services re- sold to recover payment for services ceived by the importer, or his agent, in received, the importer, or his agent, connection with each separate lot of will be notified by the inspector that if animals shall be made by certified said charges are not immediately paid check or U.S. money order prior to re- or satisfactory arrangements made for lease of the animals. If such payment payment, the animals will be sold at is not made, the animals may be sold public sale to pay the expense of care, in accordance with the procedure de- feed, and handling during that period. scribed in paragraph (b) of this sec- The sale will be held after the expiration et tion, or otherwise disposed of as di- tion of the quarantine period, at such rected by the Deputy Administrator, time and place as may be designated Veterinary Services. by the General Services Administra(b) Ports where quarantine facilities tion or other designated selling agent. maintained by Veterinary Services. The proceeds of the sale, after deductThe importer, or his agent, of animals ing the charges for care, feed, and subject to quarantine under the regu- handling of the animals and other exlations in this part shall arrange for penses, including the expense of the acceptable transportation to the quar- sale, shall be held in a Special Deposit antine facility, and for the care, feed, Account in the United States Treasury and handling of the animals from the for 6 months from the date of sale. If time they arrive at the quarantine not claimed by the importer, or his port to the time of release from quar agent, within 6 months from the date antine. Such arrangements shall be of sale, the amount so held shall be agreed to in advance by the Deputy transferred from the Special Deposit Administrator, Veterinary Services. Account to the General Fund Account The importer or his agent shall re in the United States Treasury. quest in writing such inspection and other services as may be required, and (c) Amounts collected from the im. shall waive all claim against the porter, or his agent, for service renUnited States and Veterinarian Serv dered shall be deposited so as to be ices or any employee of Veterinary available for defraying the expenses Services, for damages which may arise involved in this service. from such services. All expenses re- [39 FR 23049, June 26, 1974) |