Admini here mals which do not meet the require- gated at a licensed establishment untity ::: ments shall not be admitted to the such time as they are humanely de-2 production area or allowed to contact stroyed or successfully treated and re: iz = production animals. moved as healthy animals. (c) All animals admitted to the premises of a licensed establishment 8 117.6 Removal of animals. shall be permanently identified either Production animals or ex-test ani. collectively or individually by the li mals which are no longer useful at the censee with tags, marks, or other licensed establishment may be re means acceptable to the Deputy Ad moved from the premises of the li: ministrator. censed establishment; provided, such (d) When an animal which has a dis removal is accomplished in a manner ease is to be used to prepare a biological product for control of such disease, as shall preclude the dissemination of? "S disease and in accordance with the folder the animal shall be admitted directly lowing conditions: to the processing facilities in which the product is to be prepared but shall (a) Meat-producing animals which can not be permitted contact with other received a biological product contain..de be animals on the premises. ing inactivated microorganisms and my en (e) The Deputy Administrator may adjuvants within 21 days shall not be x in hi authorize the maintenance of diagnos removed; or tic facilities at the licensed establish (b) Animals which received virulenties uni ment: Provided, That safeguards pro microorganisms within 30 days shall, posed by the licensee are adequate to not be removed; or prevent diseased or dead animals (c) Only animals that are in aranyo brought into such facilities from being healthy condition as determined by drary a threat to biological products pre veterinarian shall be removed, except pared in such establishment or to as provided in paragraph (d) of this other animals on the premises used in section. the preparation of biological products. (d) Other animals that are injured, or otherwise unhealthy, except when wganise 8 117.4 Test animals. affected with a communicable disease, (a) All test animals shall be exam. may be removed for immediate slaugh. Vint SAEIOUS ined for clinical signs of illness, injury, ter to an abattoir operated in accordor abnormal behavior prior to the ance with the Federal Meat Inspection start of a test and throughout the ob Act of March 4, 1907, 34 Stat. 1260, as "or. servation period specified in the test amended by the wholesome Meat Act sich protocol. of 1967, 81 Stat. 585 (21 U.S.C. sec. 601 fer (b) All animals used for test pur et seq.): Provided, That such animals the poses shall be identified either collec shall be properly marked for identifi-i ino tively or individually in a manner con cation and the inspector in charge of tere ducive to an accurate interpretation of slaughter operations is given due gioi the results of the test. notice in advance. (c) No test animals shall be given a (e) All animals on the premises shall habiological product during the precon be disposed of in accordance with the lege ditioning period which would affect its provisions of the regulations in this eligibility according to the test re- part and where specific provision is quirements. No treatment, with a bio not made therefor shall be disposed of logical product or otherwise, shall be as required by the Deputy Administra. administered to a test animal during a tor. test period which could interfere with a true evaluation of the biological PART 122-ORGANISMS AND product being tested. VECTORS 8 117.5 Segregation of animals. Sec. Animals which have been infected 122.1 Definitions. with or exposed to a dangerous, infec- 122.2 Permits required. tious, contagious, or communicable 122.3 Application for permits. disease shall be kept effectively segre 122.4 Suspension or revocation of permits. includ Lishment and AUTHORITY: Sec. 2, 32 Stat. 792, 37 Stat. EDITORIAL NOTE: For nomenclature 5. changes, see 36 FR 24928, Dec. 24, 1971. ex-test a useful att es of the Fovided , SA in a mali emination of with the i & 122.2 Permits required. No organisms or vectors shall be imported into the United States or transported from one State or Territory or the District of Columbia to another State or Territory or the District of Columbia without a permit issued by the Secretary and in compliance with the terms thereof: Provided, That no permit shall be required under this section for importation of organisms for which an import permit has been issued pursuant to Part 102 of this subchapter or for transportation of organisms produced at establishments licensed under Part 102 of this subchapter. As a condition of issuance of permits under this section, the permittee shall agree in writing to observe the safeguards prescribed by the Deputy Administrator for public protection with respect to the particular importation or transportation. (Approved by the Office of Management and Budget under control number 05790013) [28 FR 7896, Aug. 2, 1963. Redesignated at 31 FR 81, Jan. 5, 1966 and amended at 48 FR 57473, Dec. 30, 1983) $122.1 Definitions. the regulations in this Part 122, shall may be to be construed, respectively, to mean: (a) Department. The U.S. Depart- whom authority may hereafter be del- (C) Veterinary Services. The Veterived virki nary Services unit of the Department. days still (d) Deputy Administrator. The Deputy Administrator, Veterinary Services or any officer or employee of mined by the Veterinary Services to whom auoved, excel thority has heretofore lawfully been (d) of te delegated, or may hereafter lawfully be delegated, to act in his stead. (e) Organisms. All cultures or collecscept wiations of organisms or their derivatives, ble disease which may introduce or disseminate any contagious or infectious disease of (f) Vectors. All animals (including , rats, ferrets, rabbits, chickens, dogs , and the like, which have been treated or inoculated with organisms, or which are diseased or infected with any contagious, infectious, or communicable disease of animals or poultry or which have been exposed to any imals wird Zuct contas canisms are are injured ate slaugh in alcuni Inspectiv at 1201 sh anirki) 8 122.3 Application for permits. The Secretary may issue, at his discretion, a permit as specified in § 122.2 when proper safeguards are set up as provided in 122.2 to protect the public. Application for such a permit shall be made in advance of shipment, and each permit shall specify the name and address of the consignee, the true name and character of each of the organisms or vectors involved, and the use to which each will be put. (Approved by the Office of Management and Budget under control number 05790015) [23 FR 10065, Dec. 23, 1958. Redesignated at 31 FR 81, Jan. 5, 1966 and amended at 48 FR 57473, Dec. 30, 1983) such disease. tions. (g) Permittee. A person who resides in the United States or operates a business establishment within the United States, to whom a permit to import or transport organisms or vectors has been issued under the regula (h) Person. Any individual, firm, partnership, corporation, company, society, association, or other organized group of any of the foregoing, or any agent, officer, or employee of any 8 122.4 Suspension or revocation of per mits. (a) Any permit for the importation or transportation of organisms or vectors issued under this part may be formally suspended or revoked after opportunity for hearing has been accorded the permittee, as provided in Part 123 of this subchapter, if the Secre thereof. 131 FR 81, Jan. 5, 1966) tary finds that the permittee has failed to observe the safeguards and instructions prescribed by the Deputy Administrator with respect to the particular importation or transportation or that such importation or transportation for any other reason may result in the introduction or dissemination from a foreign country into the United States, or from one State, Territory or the District of Columbia to another, of the contagion of any contagious, infectious or communicable disease of animals (including poultry). (b) In cases of wilfulness or where the public health, interest or safety so requires, however, the Secretary may without hearing informally suspend such a permit upon the grounds set forth in paragraph (a) of this section, pending determination of formal proceedings under Part 123 of this sub 8 123.1 Scope and applicability of rules of practice. The Uniform Rules of Practice for a provisio the Department of Agriculture pro- i mulgated in Subpart H of Part 1, Sub- si provisio title A, Title 7, Code of Federal Regulations, are the Rules of Practice approvis.o plicable to adjudicatory, administrative proceedings under the VirusSerum-Toxin Act. (Sec. 2, 32 Stat. 792, 37 Stat. 832-833 (21 U.S.C. 111, 151-158)) [42 FR 10960, Feb. 25, 1977) de provisio sology an KONS, 20 Hacial PT en breding editions apertion pations tapallo ming H |