[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR94.12]

[Page 498-500]
 
                  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. 94.12  Pork and pork products from regions where swine vesicular disease exists.

    (a) Swine vesicular disease is considered to exist in all regions of 
the world except Australia, Austria, The Bahamas, Belgium, Bulgaria, 
Canada, Central American regions, Chile, Denmark, Dominican Republic, 
Fiji, Finland, France, Germany, Great Britain (England, Scotland, Wales, 
and the Isle of Man), Greenland, Haiti, Hungary, Iceland, Luxembourg, 
Mexico, The Netherlands, New Zealand, Northern Ireland, Norway, Panama, 
Portugal, Republic of Ireland, Romania, Spain, Sweden, Switzerland, 
Trust Territories of the Pacific Islands, and Yugoslavia.
    (b) No pork or pork product may be imported into the United States 
from any region where swine vesicular disease is known to exist unless 
it complies with the following requirements and it is not otherwise 
prohibited importation into the United States under this part:
    (1) Such pork or pork product has been treated in accordance with 
one of the following procedures:
    (i) Such pork or pork product has been fully cooked by a commercial 
method in a container hermetically sealed promptly after filling, but 
before such cooking, so that such cooking and sealing produced a fully 
sterilized product which is shelf-stable without refrigeration.
    (ii) Such pork or pork product is in compliance with the following 
requirements:
    (A) All bones were completely removed prior to cooking; and
    (B) Such pork or pork product received heat treatment in a 
commercially accepted manner used for perishable canned pork products so 
that it reached an internal temperature of 69 [deg]C. (156 [deg]F.) 
throughout.
    (iii) Such pork or pork product if cured and dried is in compliance 
with the following requirements:
    (A) All bones have been completely removed in the region of origin, 
and

[[Page 499]]

    (B) Such pork or pork products shall be consigned directly from the 
port of entry in the United States to a meat processing establishment 
operating under Federal meat inspection and approved by the 
Administrator,\12\ for heating to an internal temperature of 166 [deg]F. 
During movement from the port of entry to the meat processing 
establishment, the pork or pork products must be moved under Department 
seals or seals of the the U.S. Customs Service, and shall be otherwise 
handled as the Administrator may direct in order to guard against the 
introduction and dissemination of swine vesicular disease. Seals applied 
under this section may not be broken except by persons authorized by the 
Administrator to do so.
---------------------------------------------------------------------------

    \12\ The names and addresses of approved establishments may be 
obtained from, and request for approval of any establishment may be made 
to, the Animal and Plant Health Inspection Service, Veterinary Services, 
National Center for Import-Export, 4700 River Road Unit 38, Riverdale, 
Maryland 20737-1231. Establishments will be approved only if the 
Administrator determines that the imported articles will be so handled 
at the establishment as to prevent the introduction and dissemination of 
livestock or poultry diseases into the United States. Approval of any 
establishment may be refused or withdrawn only after the operator 
thereof has been given notice of the proposed action and has had an 
opportunity to present his views thereon.
---------------------------------------------------------------------------

    (iv) Such pork or pork product, if it originated in a swine 
vesicular disease free region, has been cured and dried and is in 
compliance with the following requirements:
    (A) All bones have been completely removed, either in the region of 
origin or in the region where the pork or pork products are processed; 
and
    (B)(1) Such pork or pork product is accompanied from the swine 
vesicular disease free region of origin to the processing establishment 
in the swine vesicular disease infected region by a certificate signed 
by an official of the National Government of the swine vesicular disease 
free region of origin specifying that the pork or pork product involved 
originated in that region and the pork or pork product was consigned to 
a processing establishment in ------------ (a region not listed in 
paragraph (a) of this section as free of swine vesicular disease), in a 
closed container sealed by the national veterinary authorities of the 
swine vesicular disease free region of origin by seals of a serially 
numbered type. The numbers of these seals shall be entered on this 
certificate; and
    (2) The certificate required by paragraph (b)(3) of this section 
shall also state that:
    (i) The container seals specified in paragraph (b)(1)(iv)(B)(1) of 
this section were found intact and free of any evidence of tampering on 
arrival at the processing establishment in the swine vesicular disease 
infected region by a national veterinary inspector of that region,
    (ii) The processing establishment from which the pork or pork 
product was shipped to the United States does not receive or process any 
live swine, and uses only pork or pork products which originate in 
regions listed in paragraph (a) of this section as free of swine 
vesicular disease; and
    (iii) That such establishment processes all such pork or pork 
products in accordance with paragraph (b)(1)(i), (ii), (iii) or (iv) of 
this section.
    (v) Such pork or pork product is in compliance with the following 
requirements:
    (A) All bones were completely removed prior to cooking; and
    (B) Such pork or pork product received continual heat treatment in 
an oven for a minimum of 10 hours so that it reached an internal 
temperature of 65 [deg]C. (149 [deg]F.) throughout. The oven temperature 
started at a minimum of 62 [deg]C. (143.6 [deg]F.) and reached at least 
85 [deg]C. (185 [deg]F.).
    (2) Articles under paragraph (b)(1)(ii), (iii) or (iv) of this 
section were prepared in an inspected establishment that is eligible to 
have its products imported into the United States under the Federal Meat 
Inspection Act and the regulations in Sec. 327.2 in chapter III of this 
title.
    (3) In addition to the foreign meat inspection certificate required 
in Sec. 327.4 of this title, pork or pork products prepared under 
paragraph (b)(1)(ii), (iii) or (iv) of this section shall be accompanied 
by certification that paragraph (b)(1)(ii), (b)(1)(iii)(A), or 
(b)(1)(iv)(B)(2)

[[Page 500]]

of this section has been met. The certification shall be issued by an 
official of the national government of the region of origin who is 
authorized to issue the foreign meat inspection certificate required by 
Sec. 327.4 of this title.\13\ Upon arrival of the pork or pork products 
in the United States, the certificate must be presented to an authorized 
inspector at the port of arrival.
---------------------------------------------------------------------------

    \13\ See footnote 10 in Sec. 94.9 of this part.
---------------------------------------------------------------------------

    (4) Small amounts of pork or pork product subject to the 
restrictions of this section, may in specific cases be imported for 
purposes of examination, testing, or analysis, if the importer applies 
for and receives written approval for such importation from the 
Administrator, authorizing such importation. Approval will be granted 
only when the Administrator determines that the articles have been 
processed by heat in a manner so that such importation will not endanger 
the livestock of the United States.

(Approved by the Office of Management and Budget under control number 
0579-0015)

[38 FR 20610, Aug. 2, 1973]

    Editorial Note: For Federal Register citations affecting Sec. 94.12, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.