[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR130.1]

[Page 774-776]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 130_USER FEES--Table of Contents
 
Sec. 130.1  Definitions.




Sec.
130.1 Definitions.
130.2 User fees for individual animals and certain birds quarantined in 
          APHIS-owned or -operated quarantine facilities, including 
          APHIS Animal Import Centers; and fee for use of animal ramp.
130.3 User fees for exclusive use of space at APHIS Animal Import 
          Centers.
130.4 User fees for processing import permit applications.
130.5 User fees for services at privately owned permanent and temporary 
          import quarantine facilities.
130.6 User fees for inspection of live animals at land border ports 
          along the United States-Mexico border.
130.7 User fees for import or entry services for live animals at land 
          border ports along the United States-Canada border.
130.8 User fees for other services.
130.9 [Reserved]
130.10 User fees for pet birds.
130.11 User fees for inspecting and approving import/export facilities 
          and establishments.
130.12-130.13 [Reserved]
130.14 User fees for FADDL veterinary diagnostics.
130.15 User fees for veterinary diagnostic isolation and identification 
          tests performed at NVSL (excluding FADDL) or other authorized 
          site.
130.16 User fees for veterinary diagnostic serology tests performed at 
          NVSL (excluding FADDL) or at authorized sites.
130.17 User fees for other veterinary diagnostic laboratory tests 
          performed at NVSL (excluding FADDL) or at authorized sites.
130.18 User fees for veterinary diagnostic reagents produced at NVSL or 
          other authorized site (excluding FADDL).
130.19 User fees for other veterinary diagnostic services or materials 
          provided at NVSL (excluding FADDL).
130.20 User fees for endorsing export certificates.
130.21 [Reserved]
130.22 User fees for inspection services outside the United States.
130.23-130.29 [Reserved]
130.30 Hourly rate and minimum user fees.
130.31-130.48 [Reserved]
130.49 Exemptions.
130.50 Payment of user fees.
130.51 Penalties for nonpayment or late payment.

    Authority: 5 U.S.C. 5542; 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 
and 136a; 31 U.S.C. 3701, 3716, 3717, 3719, and 3720A; 7 CFR 2.22, 2.80, 
and 371.4.

    Source: 57 FR 771, Jan. 9, 1992, unless otherwise noted.


    As used in this part, the following terms shall have the meaning set 
forth in this section.
    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service, or any person authorized to act for the 
Administrator.
    Animal. All animals except birds, but including poultry.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    Animal Import Center. Quarantine facilities operated by APHIS in 
Newburgh, New York, and Miami, Florida.\1\
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    \1\ The addresses of Animal Import Centers 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.
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    APHIS representative. An individual, including, but not limited to, 
an animal health technician or veterinarian, authorized by the 
Administrator to perform the services for which the user fees in this 
part are charged.
    Approved establishment. An establishment approved by the Animal and 
Plant Health Inspection Service for the receipt and handling of 
restricted import animal products or byproducts under 9 CFR chapter I, 
subchapter D.
    Biosecurity level three laboratory. A laboratory or production 
facility that works with foreign or domestic animal disease agents, 
organisms, or vectors that spread by aerosol route and that have serious 
or lethal effects, therefore requiring special biocontainment measures.
    Bird. Any member of the class aves, other than poultry.
    Breeding animal. Any animal imported into the United States for 
breeding purposes.
    Diagnostic reagent. Substances used in diagnostic tests to detect 
disease

[[Page 775]]

agents or antibodies by causing an identifiable reaction.
    Domestic animal. Any animal imported into the United States for any 
purpose other than exhibition in a zoo, park or other place maintained 
for the exhibition of live animals for recreational or educational 
purposes.
    Equine. Any horse, ass, mule, or zebra.
    Export health certificate. An official document that, as required by 
the importing country, is endorsed by an APHIS representative and states 
that animals, animal products, organisms, vectors, or birds to be 
exported from the United States were found to be healthy and free from 
evidence of communicable diseases and pests.
    Feeder animal. Any animal imported into the United States under 9 
CFR part 93 for feeding.
    Game cock. Any chicken bred, trained, or imported for cock fighting.
    Germ plasm. Semen, embryos, or ova.
    Grade animal. Any unregistered animal.
    In-bond animal. Any animal imported into the United States under a 
United States Customs Service bond, as described in 19 CFR part 113.
    Load. Those animals, birds, or animal germ plasm, presented for 
importation into the United States in a single shipment, that originate 
from one address, are destined for one address, and require one entry 
permit or authorization.
    Miniature horse. Any horse which at maturity measures 34 inches high 
or less from the ground to the base of the last hair of the mane at the 
withers.
    National Veterinary Services Laboratories (NVSL). The National 
Veterinary Services Laboratories of the Animal and Plant Health 
Inspection Service, located in Ames, Iowa.
    National Veterinary Services Laboratories, Foreign Animal Disease 
Diagnostic Laboratory (FADDL). The National Veterinary Services 
Laboratories, Foreign Animal Disease Diagnostic Laboratory, located in 
Greenport, New York.
    Nonstandard care and handling. Nonstandard care and handling 
includes hand-feeding, more than one feeding per day, frequent 
observation, and any handling or observation that requires personnel to 
attend to the birds or poultry outside of normal business hours.\2\
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    \2\ Normal business hours at the APHIS Animal Import Centers are: 7 
a.m. to 3:30 p.m., Miami, FL; and 8 a.m. to 4:30 p.m., Newburgh, NY.
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    Nonstandard housing. Nonstandard housing is individual housing not 
normally available at an APHIS animal import center, any housing 
constructed or purchased at the request of the importer, any housing 
with blinds, dense foliage, or plants, and any housing where the 
temperature can be adjusted.
    Person. An individual, corporation, partnership, trust, association, 
or any other public or private entity, or any officer, employee, or 
agent thereof.
    Pet birds. Birds, except hatching eggs and ratites, that are 
imported or exported for the personal pleasure of their individual 
owners and are not intended for resale.
    Poultry. Chickens, doves, ducks, geese, grouse, guinea fowl, 
partridges, pea fowl, pheasants, pigeons, quail, swans, and turkeys.
    Privately operated permanent import-quarantine facility. Any 
permanent facility approved under 9 CFR part 93 to quarantine animals or 
birds, except facilities operated by APHIS.
    Registered animal. Any animal recorded in the book of record of an 
animal registry association which issues certificates concerning the 
pedigree of animals.
    Slaughter animal. Any animal moving directly to slaughter.
    Standard feed. Seed, or dry feeds such as dog food or monkey 
biscuits, whether soaked in water or not.
    State animal health official. The State official responsible for 
livestock and poultry disease control and eradication programs.
    Test. A single analysis performed on a single specimen from an 
animal, animal product, commercial product, or animal feed.
    United States. The several States of the United States, the District 
of Columbia, Guam, the Commonwealth of the Northern Mariana Islands, the 
Commonwealth of Puerto Rico, the Virgin Islands of the United States, 
and all other territories and possessions of the United States.

[[Page 776]]

    Zoo animal. Any animal, including poultry, intended for exhibition 
in a zoo, park or other place maintained for the exhibition of live 
animals for recreational or educational purposes.\3\
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    \3\ Regulations concerning approval of zoos and requirements for 
importing wild animals are found in part 93 of this chapter.
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    Zoo bird. Any bird intended for exhibition in a zoo, park or other 
place maintained for the exhibition of live animals or birds for 
recreational or educational purposes.
    Zoo equine. Any equine intended for exhibition in a zoo, park or 
other place maintained for the exhibition of live animals for 
recreational or educational purposes.

[57 FR 771, Jan. 9, 1992, as amended at 58 FR 38957, July 21, 1993; 58 
FR 67654, Dec. 22, 1993; 59 FR 67617, Dec. 30, 1994; 61 FR 20432, May 7, 
1996; 62 FR 56026, Oct. 28, 1997; 63 FR 53788, Oct. 7, 1998; 63 FR 
64175, Nov. 19, 1998; 64 FR 67698, Dec. 3, 1999; 65 FR 38178, 38180, 
June 20, 2000; 68 FR 64507, Nov. 14, 2003]