i failed to co

i The Vete Concurren sad Oificia maran, sha de for the

terence to

AI durin kmformal

thing will

8 161.3 Suspension or revocation of veteri- SOURCE: 42 FR 10960, Feb. 25, 1977, unless shall be in nary accreditation. otherwise noted.

2a stateme (a) The Secretary is authorized to

E that the suspend for a given period of time, or

Subpart A-General to revoke, the accreditation of a veter

I and shall inarian when he determines that the 8 162.1 Scope and applicability of rules of

cinarian of accredited veterinarian has not com

practice.

man in Chai plied with the “Standards for Accred

iunference

The Uniform Rules of Practice for ited Veterinarians" as set forth in

the Department of Agriculture pro- ble inform $ 161.2, or in lieu thereof to issue a written notice of warning to

mulgated in Subpart H of Part 1, Subthe

title A, Title 7, Code of Federal Reguaccredited veterinarian when the

lations, are the Rules of Practice apDeputy Administrator determines a

plicable to adjudicatory, administranotice of warning will be adequate to

tive proceedings for the revocation or attain compliance with the Standards.

suspension of accreditation of veterin(b) Accreditation in a given State

arians (9 CFR Parts 160 and 161). In shall be automatically terminated

addition, the Supplemental Rules of when an accredited veterinarian's li

Practice set forth in Subpart B of this cense to practice veterinary medicine in that State is terminated.

part shall be applicable to such pro

ceedings. (c) Accreditation shall be automatically revoked when an accredited veterinarian is convicted of a crime in Subpart B-Supplemental Rules of either State or Federal court, if such

Practice conviction is based on the performance or nonperformance of any act re- 8 162.10 Summary suspension of accrediquired of him in his capacity as an tation of veterinarians. accredited veterinarian.

In any situation where the Adminis(d) Any suspension or revocation of

trator has reason to believe that any accreditation for failure to comply

veterinarian accredited under the prowith the Standards shall be applicable

visions of 9 CFR Parts 160 and 161 has in all States in which the veterinarian

not complied with the “Standards for is accredited.

Accredited Veterinarians" set forth in (39 FR 23050, June 26, 1974, as amended at 9 CFR 161.2, and he deems such action 42 FR 41860, Aug. 19, 1977)

necessary in order to adequately pro

tect the public health, interest, or PART 162-RULES OF PRACTICE safety, the Administrator may suspend GOVERNING REVOCATION OR the accreditation of such veterinarian SUSPENSION OF VETERINARIANS' pending final determination in the ACCREDITATION

proceeding, effective upon oral or writ

ten notification, whichever is earlier. Subpart A-Goneral

In the event of oral notification, a

written confirmation thereof shall be Sec.

given to such veterinarian pursuant to 162.1 Scope and applicability of rules of

8 1.147(b) of the Uniform Rules of
practice.

Practice (7 CFR 1.147(b)) as promptly
Subpart 1—Supplemental Rules of Practice

as circumstances permit. Such suspen

sion shall have no relevance with re162.10 Summary suspension of accredita- spect to the final determination in the tion of veterinarians.

proceeding. 162.11 Notification. 162.12 Informal conference.

8 162.11 Notification. 162.13 Formal complaint.

The Veterinarian in Charge shall AUTHORITY: 23 Stat. 32, as amended; 26 Stat. 417; 32 Stat. 791.792, as amended; 33

notify the accredited veterinarian Stat. 1265, as amended; 41 Stat. 689; 58 Stat.

when there is reason to believe that he 734; 65 Stat. 693; 84 Stat. 1406 (15 U.S.C. has not complied with the "Standards 1828; 21 U.S.C. 106, 111, 114a-1, 115, 116, for Accredited Veterinarians" as con120, 121, 125, and 134f).

tained in 9 CFR 161.2. The notifica

PART

SUBCHAPTER K-SWINE HEALTH PROTECTION

PART 166—SWINE HEALTH

Animal and Plant Health Inspection
PROTECTION

Service (APHIS). Animal and Plant
Health Inspection Service, United

States Department of Agriculture.
GENERAL PROVISIONS

Animals. All domesticated and wild Sec.

mammalian, poultry, and fish species, 166.1 Definitions in alphabetical order.

and wild and domesticated animals, in166.2 General restrictions.

cluding pets such as dogs and cats. 166.3 Separation of swine from the garbage

Area Veterinarian in Charge. The handling and treatment areas.

veterinarian of Veterinary Services 166.4 Storage of garbage. 166.5 Licensed garbage-treatment facility

who is assigned by the Deputy Adminstandards.

istrator to supervise and perform the 166.6 Swine feeding area standards.

official work of Veterinary Services in 166.7 Cooking standards.

a State or States or any other official 166.8 Vehicles used to transport garbage. to whom authority has heretofore 166.9 Recordkeeping.

been delegated or to whom authority 166.10 Licensing.

may hereafter be delegated to act in 166.11 Suspension and revocation of li

his stead. censes.

Birds. All domesticated and wild 166.12 Licensee responsibilities.

avian species. 166.13 Cleaning and disinfecting. 166.14 State status.

Department. The United States De

partment of Agriculture (USDA). AUTHORITY: Sec. 511, Pub. L. 96-592, 94

Deputy Administrator. The Deputy Stat. 3451 (7 U.S.C. 3802); secs. 4, 5, 9, 12,

Administrator for Veterinary Services Pub. L. 96-468, 94 Stat. 2229 (7 U.S.C. 3803, 3804, 3808, 3811); 45 FR 85696, 46 FR 7266,

or any other official to whom authori. unless otherwise noted.

ty has heretofore been delegated or to

whom authority may hereafter be del. SOURCE: 47 FR 49945, Nov. 3, 1982, unless otherwise noted.

egated to act in his stead.

Facility. The site and all objects at GENERAL PROVISIONS

this site including equipment and

structures where garbage is accumu8166.1 Definitions in alphabetical order. lated, stored, handled, and cooked as a

For the purposes of this part, the food for swine and which are fenced in following terms shall have the mean

or otherwise constructed so that swine ings assigned them in this section. are unable to have access to untreated Unless otherwise required by the con- garbage. text, the singular form shall also Garbage. All waste material derived import the plural and the masculine in whole or in part from the meat of form shall also import the feminine, any animal (including fish and pouland vice versa. Words undefined in the try) or other animal material, and following paragraphs shall have the other refuse of any character whatsomeaning attributed to them in general ever that has been associated with any usage as reflected by definitions in a such material, resulting from the han. standard dictionary.

dling, preparation, cooking or conAct. The Swine Health Protection sumption of food, except that such

term shall not include waste from orAct (Pub. L. 96-468) as amended by the Farm Credit Act Amendments of dinary household operations which is 1980 (Pub. L. 96-592).

fed directly to swine on the same Administrator. The Administrator of premises where such household is lo. the Animal and Plant Health Inspec- cated.

Inspector. Any inspector or veterin. tion Service (APHIS), United States

arian employed by the Department or Department of Agriculture (USDA), or

by the State for the purposes of enany other official to whom authority

forcing the Act and this Part. has heretofore been delegated or to

License. A permit issued to a person whom authority may hereafter be del

for the purpose of allowing such egated to act in his stead.

med to maimen a used

conta

a part Zgarba

Carbas

person to operate a facility to treat garbage that is to be fed to swine.

Licensee. Any person licensed pursuant to the Act and regulations.

Person. Any individual, corporation, company, association, firm, partnership, society or joint stock company or other legal entity.

Premises. The location of a garbage treatment facility, as defined in this part, and any areas owned or controlled by the operator of the facility where swine are kept or fed by the operator.

Rendered product. Waste material derived in whole or in part from the meat of any animal (including fish and poultry) or other animal material, and other refuse of any character whatsoever that has been associated with any such material, resulting from the handling, preparation, cooking or sumption of food that has been ground and heated to a minimum temperature of 230° F. to make products such as, but not limited to, animal, poultry, or fish protein meal, grease or tallow.

State. The fifty States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands of the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.

State animal health official. The State animal health official responsbile for livestock and poultry disease control and eradication programs or any other official to whom authority has heretofore been delegated or to whom authority may hereafter be delegated to act in his stead.

Treated garbage. Edible waste for animal consumption derived from garbage (as defined in this section) that has been heated throughout at boiling or equivalent temperature (212° F. or 100° C. at sea level) for 30 (thirty) minutes under the supervision of a licens

કd. the

8 166.2 General restrictions.

(a) No person shall feed or permit the feeding of garbage to swine, except for rendered products, unless it is treated to kill disease organisms, pursuant to the regulations, at a facility operated by a person holding a valid license for the treatment of garbage.

(b) No person operating such a facility may be licensed to treat garbage unless he or she meets the requirements of this part designed to prevent the introduction of dissemination of any infectious or communicable disease of animals and unless the facility is so constructed that swine are unable to have access to untreated garbage or equipment and material coming in contact with untreated garbage.

(c) The regulations of this part shall
not be construed to repeal or super-
sede State laws that prohibit feeding
of garbage to swine or to prohibit any
State from enforcing requirements re-
lating to the treatment of garbage
that is to be fed to swine or the feed-
ing thereof which are more stringent
than the requirements contained in
this part. In a state which prohibits
the feeding of garbage to swine, a Fed-
eral license under the Act will not be
issued to any applicant.
(Sec. 511, Pub. L. 96-692, 94 Stat. 3481 (7
U.S.C. 3802); secs. 4, 6, 9, 12, Pub. L. 96-468,
94 Stat. 2229 17 U.S.C. 3803, 3804, 3808,
3811) 7 CFR 2.17, 2.51, and 371.2(d))
[47 FR 49946, Nov. 3, 1982, as amended at 48
FR 22290, May 18, 1983)
8 166.3 Separation of swine from the gar.

bage handling and treatment areas.
(a) Access by swine to garbage han-
dling and treatment areas shall be pre-
vented by construction of facilities to
exclude all ages and sizes of swine.

(b) All areas and drainage there-
from, used for the handling and treat-

ee.

Treatment. The heating of garbage to specifications as set forth in this part.

Untreated garbage. Garbage that has not been treated in accordance with the Act and these regulations.

Veterinary Services. The unit of the Animal and Plant Health Inspection