8 93.10 Stipulations.

(a) At any time prior to the issuance of a complaint seeking a civil penalty under any of the Acts listed in $93.1, the Administrator, in his discretion, may enter into a stipulation with any person in which:

(1) The Administrator or the Administrator's delegate gives notice of an apparent violation of the applicable Act, or the regulations issued thereun. der, by such person and affords such person an opportunity for a hearing regarding the matter as provided by

(2) Such person expressly waives hearing and agrees to pay a specified penalty within a designated time; and

such Act;

Sec.
94.15 Animal products and materials;

movement and handling.
94.16 Milk and milk products.

AUTHORITY: Sec. 2, 32 Stat. 792, as amended, sec. 306, 46 Stat. 689, as amended, secs. 2, 3, 4, 11, 76 Stat. 129, 130, 132; 19 U.S.C. 1306; 21 U.S.C. 111, 134a, 134b, 134c, 134f, unless otherwise noted.

SOURCE: 28 FR 5980, June 13, 1963, unless otherwise noted.

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

or

34
, commeio Sec.

17),

4),

1903

,

gious Disease ended (1 62 Sezia i

!! Section 2.80

y Act Secret 94.1 Designation of countries where rinder

pest or foot-and-mouth disease exists;

importations prohibited.
94.1a Criteria for determining the separate

status of a territory or possession as to

rinderpest and foot-and-mouth disease. 94.2 Fresh, chilled, or frozen products

(other than meat), and milk and milk

products of ruminants and swine.
94.3 Organs, glands, extracts, or secretions

of ruminants or swine.
94.4 Foreign cured or cooked meats from

countries where rinderpest or foot-and

mouth disease exists.
94.5 Garbage; regulations on storage and

movement on certain means of convey.

pplemena i

in Super

ance,

8 94.1 Designation of countries where rin

derpest foot-and-mouth disease

exists; importations prohibited. (a) Notice is hereby given that, in accordance with section 306 of the Act of June 17, 1930, as amended (19 U.S.C. 1306), it has been determined, and official notice has been given to the Secretary of the Treasury that:

(1) Rinderpest or foot-and-mouth disease exists in all countries of the world, except those listed in paragraph (a)(2) of this section;

(2) The following countries are declared to be free of both rinderpest and foot-and-mouth disease: Australia, Bahama Islands, Barbados, Bermuda, British Honduras (Belize), Canada, Channel Islands, Chile, Finland, Great Britain (England, Scotland, Wales, and Isle of Man), Greenland, Guatemala, Haiti, Honduras, Iceland, Ireland, Jamaica, Japan, Costa Rica, Dominican Republic, El Salvador, Fiji, Mexico, New Zealand, Nicaragua, Northern Ireland,

Norway, Panama, Panama Canal Zone, Territory of St. Pierre and Miquelon and Sweden, Tobago, Trinidad, and Trust Territory of the Pacific Islands.

(b) The bringing within the territori. al limits of the United States of cattle, sheep, or other ruminants, or swine, or of fresh, chilled, or frozen meat of such animals (including such animals or meat on board a vessel or other means of conveyance for use as sea stores or otherwise), which originate in or are shipped from a country designated in paragraph (a) of this section as a country infected with rinderpest or foot-and-mouth disease or which enter a port in or otherwise transit such a country, is prohibited, except as provided in Part 92 of this chapter

94.6 Carcasses of poultry, game birds, and

other birds, parts or products thereof,
and eggs other than hatching eggs; re-

strictions, exceptions.
94.7 Disposal of animals, meats, and other

articles ineligible for importation.
94.8 Pork and pork products from coun-

tries where African swine fever exists or

18 reasonably believed to exist.
94.9 Pork and pork products from coun-

tries where hog cholera exists.
94.10 Swine from countries where hog

cholera exists; importations prohibited.
94.11 Restrictions on importation of meat

and other animal products from speci

fled countries.
94.12. Pork and pork products from coun-

tries where swine vesicular disease

exists.
94.13 Restrictions on importation of pork

or pork products from specified coun

tries.
94.14 Swine from countries where swine ve-

sicular disease exists; importation pro

Stat. 130, 132; 19 U.S.C. 1306; 21 U.S.C. 111, 134c, 134f; 37 FR 28464, 28477; 38 FR 19141) (30 FR 12118, Sept. 23, 1965, as amended at 31 FR 3002, Feb. 22, 1966; 31 FR 4210, Mar. 10, 1966; 38 FR 2752, Jan. 30, 1973; 38 FR 20065, July 27, 1973; 38 FR 20612, Aug. 2, 1973; 38 FR 24892, Sept. 11, 1973; 39 FR 8317, Mar. 5, 1974; 40 FR 4904, Feb. 3, 1975; 40 FR 50457, Oct. 30, 1975; 42 FR 23131, May 6, 1977; 43 FR 43017, Sept. 22, 1978; 46 FR 19817, Apr. 1, 1981; 46 FR 63208, Dec. 31, 1981; 47 FR 12613, Mar. 24, 1982; 47 FR 38498, Sept. 1, 1982; 47 FR 41726, Sept. 22, 1982; 48 FR 31007, July 6, 1983; 48 FR 57472, Dec. 30, 1983)

for wild ruminants and wild swine, and except as provided in paragraph (c) of this section for meat.

(c) Except as otherwise provided in this part, fresh, chilled, or frozen meat of ruminants or swine which originates in and shipped from a country other than those designated in paragraph (a) of this section as infected with rinderpest or foot-and-mouth disease and which enters any port of such an infected country or otherwise transits such an infected country en route to the United States, may be imported into the United States insofar as the restrictions of this part are concerned, if:

(1) The meat is accompanied by the foreign meat inspection certificate or certificates required under $ 327.6 of Chapter III of this title;

(2) The hold or compartment of the transporting carrier into which the meat was loaded was sealed in the country of origin by an official of such country with seals approved by the Veterinary Services unit of the Animal and Plant Health Inspection Service of the U.S. Department of Agriculture, so as to prevent contamination, and the loading of any cargo into and the removal of any cargo from such sealed hold or compartment, en route to the United States;

(3) The seals used to seal such hold or compartment of such carrier are serially numbered and recorded on the certificate or certificates, referred to in paragraph (c)(1) of this section accompanying the shipment;

(4) Upon arrival of the carrier in the United States port of entry the seals are found by a representative of Veterinary Services of this Department to be intact and such representative finds that there is no evidence indicating that the seals were tampered with; and

(5) Such meat is found by a representative of this Department to be as represented in the certificate or certificates referred to in paragraph (c)(1) of this section.

8 94.1a Criteria for determining the sepa

rate status of a territory or possession
as to rinderpest and foot-and-mouth

disease.
(a) The Secretary of Agriculture will
make a determination as to whether &
territory or possession may be deemed
separate from the mother country, in
which rinderpest or foot-and-mouth
disease has been determined to exist,
for the purposes of section 306(a) of
the act of June 17, 1930, as amended
(19 U.S.C. 1306(a)), only if:

(1) The official authority of that ter-
ritory or possession, having responsi-
bility for animal health matters, has
declared such territory or possession
free of rinderpest and foot-and-mouth
disease;

(2) The territory or possession is geographically separate from the mother country and has full autonomy from the mother country in all animal health

matters, including import and export;

(3) The territory or possession has & veterinary service which is capable of speedily detecting rinderpest or footand-mouth disease and which is comprised of veterinarians who:

(1) Are employed as officials of the government of the territory or possession,

(ii) Are graduates of a recognized school of veterinary medicine, and

(iii) Are assigned in sufficient numbers and are so distributed, with respect to the livestock population, to be able to promptly recognize the existence of rinderpest and foot-and-mouth disease;

(4) A laboratory capable of diagnosing rinderpest and foot-and-mouth dis

(Approved by the Office of Management
and Budget under control number 0579-
0015)
(Sec. 2, 32 Stat. 792, as amended; sec. 306, 46
Stat. 689, as amended; secs. 4 and 11, 76

FR !ITÉ

Agriculoa

S.C. 180.00

ease is available to the veterinary serv- country infected with rinderpest or S4, 2018 ice of the territory or possession; foot-and-mouth disease is prohibited,

(5) Vaccinations for foot-and-mouth except as provided in $ 94.3 and Parts 2 968 Il Re disease or rinderpest are not permitted 95 and 96 of this chapter. Jan 2011 in the territory or possession;

(b) The importation of milk and 38 FRAUEN (6) The reporting of rinderpest or

milk products of ruminants and swine zept . I. I foot-and-mouth disease to the veteri

originating in, shipped from, or trannary authorities of the territory or 1975:45

siting any country designated in possession is required by anyone who

§ 94.1(a) as a country infected with has notice of the existence of these

rinderpest or foot-and-mouth disease diseases;

is prohibited, except as provided in (7) Laws and regulations are in

$ 94.16.
effect and are administered in such
manner as to insure against the intro- [40 FR 44123, Sept. 25, 1975)

duction of foot-and-mouth disease or Erminin de rinderpest through the importation of 8 94.3 Organs, glands, extracts, or secretory or puwe animals, meat, and animal products tions of ruminants or swine. d followed from countries, including the mother

The importation of fresh, chilled, or country, declared by the United States Secretary of Agriculture to be coun

frozen organs, glands, extracts, or setries where foot-and-mouth disease or

cretions derived from ruminants or rinderpest exist;

swine, originating in any country des(8) Animals introduced into the ter

ignated in $ 94.1, except for pharmaritory or possession from rinderpest or

ceutical or biological purposes under foot-andmouth disease infected coun

conditions prescribed by the Deputy mined to the tries, including the mother country,

Administrator, Veterinary Services in are imported through a quarantine

each instance, is prohibited. station and under conditions acceptti

8 94.4 Foreign red able to the Secretary of Agriculture of

or cooked meats 1 the United States, and such conditions

from countries where rinderpest or ing page include, but are not restricted to:

foot-and-mouth disease exists. (1) Tests deemed necessary for the

(a) The importation of cured meats P POSTS detection of rinderpest and foot-and

derived from ruminants or swine, mouth disease,

originating in any country designated (11) Quarantine deemed necessary for

in § 94.1 is prohibited unless the folthe detection of rinderpest and footand-mouth disease, and

lowing conditions have been fulfilled:

(1) All bones shall have been com(111) Opportunity for observation by & United States Department of Agri

pletely removed in the country of culture veterinarian during all phases

origin. of the import procedures;

(2) The meat shall have been held in (b) An on-site inspection by a veteri

an unfrozen, fresh condition for at nary representative of the United

least 3 days immediately following the States Department of Agriculture to

slaughter of the animals from which it determine whether the criteria in this

was derived. section are met shall be made of the

(3)(i) The meat shall have been thorterritory or possession before any final

oughly cured and fully dried in such determination is made as to its status.

manner that it may be stored and han(30 FR 13069, Apr. 11, 1974)

dled without refrigeration, as in the

case of salami and other summer sau. 894.2 Fresh, chilled, or frozen products

sages, tasajo, xarque, or Jerked beef, (other than meat), and milk and milk

bouillon cubes, dried beef, and Westproducts of ruminants and swine.

phalia, Italian and similar type hams. (a) The importation of fresh, chilled,

The term "fully dried” as used in this or frozen products (other than meat

paragraph means dried to the extent and milk and milk products) derived

that the water-protein ratio in the from ruminants or swine, originating in, shipped from, or transiting any

This does not include any meat that has country designated in 8 94.1(a) as a

been sterilized by heat in hermetically sealed containers.

matters

wettest portion of the product does not exceed 2.25 to 1.

(ii) Laboratory analysis of samples to determine the water-protein ratios will not be made in the case of all shipments of cured and dried meats. However, in any case in which the inspector is uncertain whether the meat complies with the requirements of paragraph (a)(3)(i) of this section, he will send a sample of the meat representative of the wettest portion to the Meat Inspection Division for analysis of the water-protein ratio. Pending such analysis the meat shall not be released or removed from the port of entry.

(b) The importation of cooked meats derived from ruminants or swine originating in any country designated in 8 94.1 is prohibited unless the following conditions shall have been fulfilled:

(1) All bones shall have been completely removed in the country of origin.

(2) The meat shall have been heated to such an extent that, upon inspection, the meat will have a thoroughly cooked appearance throughout.

(3) When so directed by the Deputy Administrator, Veterinary Services, such meat shall be consigned directly from the port of entry to a meat-processing establishment operating under Federal meat inspection that has been approved by him for the further processing of such meat. Such meat shall be shipped from the port of entry to the approved establishment under Customs seals or seals of Veterinary Services and shall be otherwise handled as the said Deputy Administrator, Veterinary Services may direct. Seals applied under authority of this section shall not be broken except by persons authorized to do so by the said Deputy Administrator, Veterinary Services. 8 94.5 Garbage; regulations on storage and

movement on certain means of convey

ance, (a) Garbage which is on or unloaded from any means of conveyance arriving in the places listed below is subject to general surveillance for compliance with this section by Animal and Plant Health Inspection Service inspectors and to such disposal measures as au

thorized by section 105 of the Federal
Plant Pest Act (7 U.S.C. 150dd), sec-
tion 10 of the Plant Quarantine Act of
1912, as amended (7 U.S.C. 164a), sec- aplicat
tion 2 of the act of February 2, 1903,
as amended (21 U.S.C. 111), and sec.
tion 306 of the act of June 17, 1930, as
amended (19 U.S.C. 1306), to prevent
the dissemination of plant pests and
livestock or poultry diseases:

(1) The United States from any
place outside thereof (except garbage Depar
derived from stores obtained only in
the continental United States or
Canada on board vessels or aircraft
that move solely between continental
United States ports or between conti-
nental United States ports and Cana-
dian ports);

(2) The continental United States from Hawaii or any territory or possession;

(3) Any territory or possession from any other territory or possession or from Hawaii; or

(4) Hawaii from any territory or possession.2

(b)(1) All garbage regulated in paragraph (a) of this section shall be contained in tight, leak-proof covered receptacles (inside the guard rail on vessels) during storage on board such means of conveyance while in the territorial waters or otherwise within the territory of the United States. Such garbage shall not be unloaded from such means of conveyance in the United States unless such garbage is removed in tight, leak-proof receptacles under the direction of an Animal and Plant Health Inspection Service inspector to an approved facility for incineration, sterilization, or grinding into

an approved sewage system, under supervision by such an inspec. tor, or such garbage is removed for other handling in such manner and under such supervision as may, upon request in specific cases, be approved by the Administrator as complying with the applicable laws for environ mental protection and as adequate to

? The provisions of this section for han. dling of garbage do not relleve any prohibition or restriction elsewhere in this title on bringing any meat or other product or article into the United States or on the interstate movement of any product or article.