[Code of Federal Regulations] [Title 9, Volume 1] [Revised as of January 1, 2001] From the U.S. Government Printing Office via GPO Access [CITE: 9CFR93.201] [Page 351-352] TITLE 9--ANIMALS AND ANIMAL PRODUCTS CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS OF CONVEYANCE AND SHIPPING CONTAINERS--Table of Contents Subpart B--Poultry Sec. 93.201 General prohibitions; exceptions. (a) No poultry or product 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; \2\ nor shall any such poultry or product be handled or moved after physical entry into the United States before final release from quarantine or any other form of governmental detention except in compliance with such regulations; Provided, That, the Administrator may upon request in specific cases permit poultry or products to be brought into or through the United States under such conditions as he or she may prescribe, when he or she determines in the specific case that such action will not endanger the livestock or poultry of the United States. --------------------------------------------------------------------------- \2\ Importations of certain animals from various regions are absolutely prohibited under part 94 because of specific diseases. --------------------------------------------------------------------------- (b) The provisions in this part 93 relating to poultry shall not apply to healthy poultry not known to be infected with or exposed, within the 90 days preceding the date of export from the region of origin, to communicable diseases of poultry, if an import permit \3\ has been obtained under Sec. 93.204 of this chapter and all conditions therein are observed; and if such poultry are handled as follows: --------------------------------------------------------------------------- \3\ Such permit may be obtained from the Animal and Plant Health Inspection Service, Veterinary Services, National Center for Import- Export, 4700 River Road Unit 38, Riverdale, Maryland 20737-1231. Requests for approval of such facilities should also be made to the Deputy Administrator. --------------------------------------------------------------------------- (1)(i) They are maintained under continuous confinement in transit through the United States aboard an aircraft, ocean vessel, or other means of conveyance; or (ii) Except for poultry in transit through Anchorage, Alaska, under Sec. 93.204(c) of this part, which are not allowed to be unloaded, they are unloaded, in the course of such transit, into an animal or bird holding facility [[Page 352]] which is provided by the carrier or its agent and has been approved \4\ in advance by the Administrator in accordance with paragraph (b)(3) of this section as adequate to prevent the spread within the United States of any livestock or poultry disease, and they are maintained there under continuous confinement until loaded aboard a means of conveyance for transportation from the United States and are maintained under continuous confinement aboard such means of conveyance until it leaves the United States; the import permit will specify any additional conditions necessary to assure that the transit of the poultry through the United States can be made without endangering the livestock or poultry of the United States, and that Department inspectors may inspect the poultry on board such means of conveyance or in such holding facility as provided in section 5 of the Act of July 2, 1962 (21 U.S.C. 134d) to ascertain whether the requirements of this paragraph are met, and dispose of them in accordance with section 2 of the Act of July 2, 1962 (21 U.S.C. 134a) if such conditions are not met; and --------------------------------------------------------------------------- \4\ See footnote 3 in subpart B. --------------------------------------------------------------------------- (2) The carrier or its agent executes and furnishes to the collector of Customs at the first port of arrival a declaration stating that the poultry will be retained aboard such means of conveyance or in an approved holding facility during transshipment as required by this paragraph. (3) Provisions for the approval of facilities required in this paragraph are: (i) They must be sufficiently isolated to prevent direct or indirect contact with all other animals and birds while in the United States. (ii) They must be so constructed that they provide adequate protection against environmental conditions and can be adequately cleaned, washed and disinfected. (iii) They must provide for disposal of animal and bird carcasses, manure, bedding, waste and any related shipping materials in a manner that will prevent dissemination of disease. (iv) They must have provisions for adequate sources of feed and water and for attendants for the care and feeding of poultry in the facility. (v) They must comply with additional requirements as may be imposed by the Administrator if deemed applicable for a particular shipment. (vi) They must also comply with all applicable local, State and Federal requirements for environmental quality and with the provisions of the Animal Welfare Regulations in chapter I of this title, as applicable. (c) Performing or theatrical poultry may be imported at any of the ports of entry listed in Sec. 93.203 if accompanied by an import permit as required by Sec. 93.204 and such poultry are found upon port of entry veterinary inspection to be free of communicable diseases of poultry. (d) The provisions in this part relating to poultry shall not be applicable to performing or theatrical poultry. [55 FR 31495, Aug. 2, 1990. Redesignated and amended at 56012, 56015, Oct. 28, 1997]