[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: 9CFR98.10a]

[Page 545-546]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 98--IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN--Table of Contents
 
 Subpart A--Ruminant and Swine Embryos from Regions Free of Rinderpest 
       and Foot-and-Mouth Disease; and Embryos of Horses and Asses
 
Sec. 98.10a  Embryos from sheep in regions other than Australia, Canada, and New Zealand.

    (a) Except for embryos from sheep in Australia, Canada, or New 
Zealand, embryos from sheep may only be imported into the United States 
if they comply with all applicable provisions of this subpart and one of 
the following conditions:
    (1) The embryos are transferred to females in a flock in the United 
States that participates in the Voluntary Scrapie Flock Certification 
Program (see 9 CFR part 54, subpart B) and qualifies as a ``Certified'' 
flock; or
    (2) The embryos are transferred to females in a flock in the United 
States that participates in the Voluntary Scrapie Flock Certification 
Program (see 9 CFR part 54, subpart B) and the flock owner has agreed, 
in writing, to maintain the flock, and all first generation progeny 
resulting from embryos imported in accordance with this section, in 
compliance with all requirements of the Voluntary Scrapie Flock 
Certification Program until the flock, including all first generation 
progeny resulting from embryos imported in accordance with this section, 
qualifies as a ``Certified'' flock.
    (b) Sheep embryos may be imported under paragraph (a) of this 
section only if the importer provides the Voluntary Scrapie Flock 
Certification Program identification number of the receiving flock as 
part of the application for an import permit.
    (c) Sheep embryos may be imported under paragraph (a)(1) of this 
section only if they are the progeny of a dam and sire that are part of 
flocks in the region of origin that participate in a program determined 
by the Administrator to be equivalent to the Voluntary Scrapie Flock 
Certification Program, and the flocks have been determined by the 
Administrator to be at a level equivalent to ``Certified'' in the 
Voluntary Scrapie Flock Certification Program.
    (d) Sheep embryos may be imported under paragraph (a)(2) of this 
section only if they are transferred to animals in a Certifiable Class C 
flock participating in the Voluntary Scrapie Flock Certification 
Program; except, that if the embryos are the progeny of a dam and sire 
whose flock in the region of origin participates in a program determined 
by the Administrator to be equivalent to the Voluntary Scrapie Flock 
Certification Program, then the embryos may be placed in a flock in the 
United States which would be classified at a level equivalent to or 
lower (i.e., at a greater risk) than the certification level, as 
determined by the Administrator, of either the flock of the dam or the 
flock of the sire, whichever one presents the greater risk.
    (e) The flock to which the sheep embryos are transferred pursuant to 
paragraph (a)(2) of this section must be monitored for scrapie disease 
until the flock, and all first generation progeny resulting from the 
embryos imported in accordance with this section, qualifies as a 
``Certified'' flock.
    (f) Except for sheep embryos being placed in Certifiable Class C 
flocks, the certificate accompanying sheep embryos imported under 
paragraph (a) of this section must contain the following statement: 
``The embryos identified on this certificate are the progeny of a dam 
and sire that have been monitored by a salaried veterinary officer of 
[name of region of origin], for [number of months], in the same source 
flock which had been determined by the Administrator, APHIS, prior to 
the exportation of these embryos to the United States, to be equivalent 
to [certification level (of dam or sire) presenting greater risk] of the 
Voluntary Scrapie Flock Certification Program authorized under 9 CFR 
part 54, subpart B.''
    (1) The Administrator will determine, based upon information 
supplied by the importer, whether the flock of the embryos' dam and sire 
participates in a program in the region of origin that is equivalent to 
the Voluntary Scrapie Flock Certification Program, and if so, at what 
level the source flock would be classified.
    (2) In order for the Administrator to make a determination, the 
importer must supply the following information

[[Page 546]]

with the application for an import permit, no less than 1 month prior to 
the anticipated date of importation:
    (i) The name, title, and address of a knowledgeable official in the 
veterinary services of the region of origin;
    (ii) The details of scrapie control programs in the region of 
origin, including information on disease surveillance and border control 
activities and the length of time such activities have been in effect;
    (iii) Any available information concerning additions, within the 5 
years immediately preceding collection of the embryos, to the flock of 
the embryos' sire and dam;
    (iv) Any available data concerning disease incidence, within the 5 
years immediately preceding collection of the embryos, in the flock of 
the embryos' sire and dam, including, but not limited to, the results of 
diagnostic tests, especially histopathology tests, conducted on any 
animals in the flock;
    (v) Information concerning the health, within the 5 years 
immediately preceding collection of the embryos, of other ruminants, 
flocks, and herds with which the embryos' sire and dam and the flock of 
the embryos' sire and dam might have had physical contact, and a 
description of the type and frequency of the physical contact; and
    (vi) Any other information requested by the Administrator in 
specific cases as needed to make a determination.
    (g) All first generation progeny resulting from embryos imported 
under this section are subject to the requirements of 9 CFR part 54 and 
all other applicable regulations.

(Approved by the Office of Management and Budget under control numbers 
0579-0040 and 0579-0101)

[61 FR 17241, Apr. 19, 1996, as amended at 62 FR 56025, Oct. 28, 1997]