[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: 9CFR94.1a]

[Page 439]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
    PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, HOG CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS--Table of Contents
 
Sec. 94.1a  Criteria for determining the separate 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 a territory or possession may be deemed separate from the mother 
region, 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 territory or possession, having 
responsibility 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 region and has full autonomy from the mother region in all animal 
health matters, including import and export;
    (3) The territory or possession has a veterinary service which is 
capable of speedily detecting rinderpest or foot-and-mouth disease and 
which is comprised of veterinarians who:
    (i) 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 
disease is available to the veterinary service of the territory or 
possession;
    (5) Vaccinations for foot-and-mouth disease or rinderpest are not 
permitted in the territory or possession;
    (6) The reporting of rinderpest or foot-and-mouth disease to the 
veterinary authorities of the territory or possession is required by 
anyone who has notice of the existence of these diseases;
    (7) Laws and regulations are in effect and are administered in such 
manner as to insure against the introduction of foot-and-mouth disease 
or rinderpest through the importation of animals, meat, and animal 
products from regions, including the mother region, declared by the 
United States Secretary of Agriculture to be regions where foot-and-
mouth disease or rinderpest exist;
    (8) Animals introduced into the territory or possession from 
rinderpest or foot-and-mouth disease infected regions, including the 
mother region, are imported through a quarantine station and under 
conditions acceptable to the Secretary of Agriculture of the United 
States, and such conditions include, but are not restricted to:
    (i) Tests deemed necessary for the detection of rinderpest and foot-
and-mouth disease,
    (ii) Quarantine deemed necessary for the detection of rinderpest and 
foot-and-mouth disease, and
    (iii) Opportunity for observation by a United States Department of 
Agriculture veterinarian during all phases of the import procedures;
    (b) An on-site inspection by a veterinary representative of the 
United States Department of Agriculture to determine whether the 
criteria in this section are met shall be made of the territory or 
possession before any final determination is made as to its status.

[39 FR 13069, Apr. 11, 1974, as amended at 62 FR 56021, Oct. 28, 1997]